HomeMy WebLinkAbout12/15/10_ CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
fl AGENDA
.•qf DECEMBER 15, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 P.M.
1. ROLL CALL (current Council seated)
2. INSTALLATION CEREMONY (see program)
a. Certification of Election Results:
1. Resolution No. 136-10 declaring the results of the General Municipal Election
for election of Councilmember for Wards 1, 3, 4 & 7 held in the City of
Bakersfield on November 2, 2010.
2. Resolution declaring the results of the General Municipal Election for
submission of a Measure relating to Pension Benefits, Measure D, held in the
City of Bakersfield on November 2, 2010.
3. Adoption of Ordinance adding Chapter 2.85 to the Municipal Code relating
to pension benefits.
Staff recommends adoption of resolutions and ordinance.
b. Administration of Oath of Office. (new Council seated)
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for Erica Morataya v. City -
KCSC Case No. S-1500-CV-267729 WDP.
RECESS TO RECEPTION AND CLOSED SESSION
RECONVENED MEETING
4. ROLL CALL
5. CLOSED SESSION ACTION
6. PRESENTATIONS
7. PUBLIC STATEMENTS
8. APPOINTMENTS
a. One appointment to the Fire Civil Service Board, due to the expiration of term of
Thomas Edmonds, whose term expires December 31, 2010.
Staff recommends Council determination.
8. APPOINTMENTS continued
b. Two appointments to the Miscellaneous Civil Service Board due to the expiration of
terms of Gonzalo E. Ramirez and Percy A, Robinson, whose terms expire December
31, 2010,
Staff recommends Council determination.
C. One appointment to the Police Civil Service Board due to the expiration of term of
William R. Perry, whose term expires December 31, 2010.
Staff recommends Council determination.
d. One appointment to the Golden Empire Transit District Board due to the expiration of
term of Norris Ledbetter, whose term expires January 6, 2011.
Staff recommends Council determination.
9. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 17, 2010, Regular Council Meeting and the
December 3, 2010 Special Council Meeting.
Payments:
b. Approval of department payments from November 5, 2010 to December 2, 2010 in
the amount of $19,015,660.97 and self-Insurance payments from November 5, 2010
to December 2, 2010 in the amount of $344,043.63.
Ordinances:
(Ward 6) c. Adoption of Ordinance approving a zone change from P.C.D. (Planned
Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned
Commercial Development) on approximately 5.14 acres located at 5001 Ming
Avenue, (ZC No. 10-0395) (G.C. Corporation) (FR 11/17/10)
Resolutions:
d. Resolution adopting the Investment Policy for the City,
(Ward 1,2) e. Resolution approving request to file extension of time with the State of California,
Department of Transportation, for the Transportation Equity Act for the 21 sr Century
(TEA-21) funds for the Centennial Corridor Project. (TRIP)
f. Resolution determining that a DUI checkpoint vehicle for the Police Department
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 $52,000.
(Ward 7) g. Resolution of Intention No. 1683 to add territory, Area 5-61 (4505 Hughes Lane) to the
Consolidated Maintenance District and preliminarily approving, confirming, and
adopting the Public Works Director's Report.
2 City Council Meeting of 12/15/2010
9. CONSENT CALENDAR continued
Agreements:
(Ward 5) h. Final Tract Map and Improvement Agreements for Mira Lago, L.P. for Tract 6167
Phase 1 located east of Old River Road and north of Harris Road.
I. Agreement with Acclamation Insurance Management Services ($353,165 - 1 st year;
$365,526 - 2nd year, $378,319 - optional 3rd year) for workers' compensation claims
management services.
(Ward 6) j. Transportation Impact Fee Agreement with Buena Vista Land Co. (not to exceed
$405,051) for improvements constructed on Panama Lane and Buena Vista Road.
k. Agreement with Muxlow Construction ($50,000 CDBG funds) to provide handicap
accessibility improvement services to qualified low-income residents in privately
owned structures.
a. Appropriate $50,000 Community Development Block Grant (CDBG) Fund
balance to the Operating Budget for the Home Access Grant Project within
the CDBG Fund.
1. Memorandum of Understanding with Integrated Law & Justice Agency for Orange
County (ILJAOC) regarding the connectivity of COPLINK between Bakersfield Police
Department (KC Re-Dex) and Orange County.
(Ward 5) M. Agreement with Bolthouse Properties, LLC ($50,000) to purchase real property within
Parcel Map 11593 located west of Windermere Drive and south of White Lane for a
domestic water well site.
(Ward 2) n. Agreement with Jeff Wanamaker; James L. Leonhard & Robin C. Leonhard; Masonic
Homes of California; John R. Mathie; Marshall Plan, Ltd.; Edwin Leroy Tolles; Mary
Anne Garner Frisone; James E. Munson & Cherron G. Munson; Gayle Garner Roski;
Patricia Burns Gebhordt, Charles B. Randall; Judy Shultis Steffens; Clarita J. Schultis;
James A. Shultis; Kerminette S. Bonney; Annetta S. Lee; Annetta Lee; Kerminette S.
Bonney & George W. Bonney, II; Tucker Garner; Janette R. Garner; Charles W.
Bozarth; Anne Lane Bozarth; Toni Bloemer; Optomists Boys Home & Ranch; Ralph B.
Tippet, Cornelia M. Bell; Laurie Link Wallace; and, Robert James Rudolph ($2,217,440)
to purchase real property located on the east side of Mohawk Street south of
Rosedale Highway for the Westside Parkway. (TRIP)
(Ward 2) o. Amendment No. 4 to Agreement No. 06-208 with Dokken Engineering ($280,000;
revised not to exceed $7,367,674) for engineering design services for Phases 1 & 4 of
the Westside Parkway Project. (TRIP)
(Ward 3) p. Amendment No. 1 to Agreement No. 07-339 with AECOM Technical Services, Inc.,
formerly Lim and Nascimento Engineering Corp., (reduction of $546,832.43; revised
not to exceed $2,081,745.78) for engineering and environmental services for the
Hageman Flyover Project. (TRIP)
(Ward 3) q. Amendment No. 1 to Agreement No. 07-338 with PB Americas, Inc. ($472,615; revised
not to exceed $2,945,529) for engineering and environmental services for the SR-178
Widening Project. (TRIP)
3 City Council Meeting of 12/15/2010
9. CONSENT CALENDAR continued
(Ward 6) r. Amendment No. 2 to Agreement No. 09-137 with the Housing Authority of the County
of Kern ($63,904; revised not to exceed $4,878,904) for the purchase and
rehabilitation of a foreclosed 99 unit independent living facility at 2221 S. Real Road.
(Ward 3) s. Amendment No. 1 to Agreement No. 10-075 with GC Environmental, Inc. ($500,000;
revised not to exceed $1,00,000) for landfill gas system services for the Bakersfield
Sanitary Landfill Closure Project due to new state regulations.
(Ward 1) t. Amendment No. 1 to Agreement No. 09-162 with Bakersfield Homeless Center
($159,744 and extend term for one year) for sorting of green waste material at the
Mt. Vernon Green Waste Facility.
(Ward 2) U. Amendment No. 4 to Agreement No. 02-061 with CC Plaza, LLC (extend lease for
additional three years with two one year options to extend) for office space at 900
Truxtun Avenue.
(Ward 3) v. Contract Change Order No. 3 to Agreement No. 09-113 with Kern Pacific
Construction ($10,146.33; revised not to exceed $3,239,874.92) for the Mesa Marin
Sports Complex Project.
(Ward 1) w. Contract Change Order No. 1 to Agreement No. 10-015 with Sandoval Construction
and Excavation ($34,260,15; revised not to exceed $177,426.39) for the Sewer and
Water Improvements: Southwest Hanger Area Project at the Bakersfield Municipal
Airport.
Bids:
(Ward 6) X. Reject all bids for the annual contract for the supply of dewatering polymers.
(Ward 6) Y. Accept bid and approve annual contract with Polydyne, Inc. ($50,173.88) for the
supply of DAF polymers for Wastewater Treatment Plant No. 3.
Z. Accept bid and approve annual contract with Stay Green, Inc. ($100,000) for tree
trimming.
(Ward 3) aa. Accept bid from Piranha Pipe and Precast ($64,742.16) for reinforced concrete storm
drain pipe for installation by City staff at Mesa Marin Sports Complex.
Miscellaneous:
bb. Audit Reports for FY ended June 30, 2010 (refer to Budget & Finance Committee):
1. Comprehensive Annual Financial Report (CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of Federal Expenditures for the City.
4. Independent Auditors Report - Compliance with Contractual Requirements
relative to the Bakersfield Subregional Wastewater Management Plan.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit)
for the City.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center,
Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre.
4 City Council Meeting of 12/15/2010
9. CONSENT CALENDAR continued
(Wardl,3-5,7) cc. Fiscal Year 2009-2010 Annual Compliance Report for planned drainage area fees
prepared in accordance with Government Code §66006.
dd. Fiscal Year 2009-2010 Annual Compliance Report for planned sewer area fees
prepared in accordance with Government Code §66006.
(Ward 3,6) ee. Fiscal Year 2009-2010 Annual Compliance Report for bridge crossings and major
thoroughfare fees prepared in accordance with Government Code §66006.
ff. Fiscal Year 2009-2010 Annual Compliance Report for park impact fees prepared in
accordance with Government Code §66006.
gg. Fiscal Year 2009-2010 Annual Compliance Report for transportation Impact fees
prepared in accordance with Government Code §66006.
hh. Department of Housing & Urban Development (HUD), Community Development
Block Grant (CDBG) Action Plan Amendment No. 3 (FY 10/11) and Amendment No.
13 (FY 08/09).
ii. Transfer $171,115 Community Development Block Grant (CDBG) Contingency Funds
within the CDBG Fund Operating Budget for the South Mill Creek Park and Parking
Project.
jj. Appropriate $13,520 Federal Grant Revenues (FY 10/11 Next Generation - Click It
or Ticket Mini-Grant Award from the State Office of Traffic Safety) to the General
Fund Police Operating Budget, to fund overtime for seatbelt enforcement
mobilizations in the Traffic Division.
kk. Appropriate $57,462 Federal Grant Revenues (FY 10/11 Sobriety Checkpoint Mink
Grant Award from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division.
Staff recommends adoption of Consent Calendar Items 8.a. through 8.kk.
10. CONSENT CALENDAR HEARINGS
11. HEARINGS
(Ward 2) a. Public Hearing to consider Resolution ordering the vacation of Hopper Court
between Union Avenue Loop West to the north right-of-way of the Southern Pacific
Railroad tracks, adjacent to 2501 Union Avenue Loop West.
Staff recommends adoption of resolution.
12. REPORTS
a. Status of Thomas Roads Improvement Program (TRIP).
13. DEFERRED BUSINESS
City Council Meeting of 12/15/2010
14. NEW BUSINESS
a, Election of Vice-Mayor,
To be determined by Council.
15. COUNCIL AND MAYOR STATEMENTS
16. ADJOURNMENT
Respectfully submitted,
qAcw~ r>:~ "K~
/OLI Alan Tandy
City Manager
12/8/10 3:45pm
6 City Council Meeting of 12/15/2010
AGENDA HIGHLIGHTS
December 15, 2010 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
INSTALLATION CEREMONY
The results of the November 2, 2010 General Municipal Election will be certified:
1. Declaring Rudy Salas (Ward 1), Ken Weir (Ward 3), David Couch (Ward 4), and Russell
Johnson (Ward 7) elected to the Office of Councilmember, for a full four-year term;
2. Passage of Measure D, whereby new sworn public safety employees, as of January 1,
2011, will pay 100% of their employee pension contribution and be eligible for a PERS
maximum retirement allowance at a 2% age 50 formula, based on their average salary
calculated over 36 highest paid consecutive months, and
3. Adoption of an Ordinance to add the Implementation of Measure D to the Municipal
Code. The ordinance will become effective on December 25, 2010.
Following the Certification of Election Results, the Oath of Office will be administered and a
brief reception will follow In the lobby of the Council Chambers, prior to the Closed Session.
CLOSED SESSION
There will be a conference with Legal Counsel to discuss one item of existing litigation.
APPOINTMENTS
There will be one appointment to each of the following: Fire Civil Service Board, Police Civil
Service Board, and Golden Empire Transit District Board; there will be two appointments to the
Miscellaneous Civil Service Board.
CONSENT CALENDAR
Resolutions
Item 9d. Resolution adopting the annual Investment Policy for the City. in accordance with
State law, the Finance Director annually presents the City's Investment Policy for adoption by
the City Council. The Investment Policy is reviewed annually to ensure it is in conformance with
the California Government Code and that the City's funds are invested prudently to generate
at least a market rate of return, while maintaining safety and liquidity of the City's financial
assets.
Item 9e. Resolution opprovina o request for a time extension of Transportation Eauity Act funds
for the Centennial Corridor Protect. The Federal Transportation Bill approved in 1998 (TEA-21),
Included $15.75 million for the Centennial Corridor Project. In 2001-02, a portion of those funds
were used for the Bakersfield Systems Study. In 2008, the City entered into an agreement with
HNTB for engineering and environmental services related to the environmental document for
the project, using the TEA-21 funding. There is a current balance of $6,927.515.13 In funding
available. CalTrans recently notified the City that those funds will lapse on June 30, 2011,
unless a time extension request is submitted to them. This action is to acquire City Council
approval to submit the request to CaiTrans.
Item 9f. Resolution to dispense with bidding and purchase a DUI checkpoint vehicle with
Federal Grant Revenues. The Bakersfield Police Department was awarded a Federal grant
through the State Office of Traffic Safety for the Selective Traffic Enforcement Program. A
portion of the grant was earmarked for a DUI checkpoint vehicle. Invitations to bid were sent
to 200+ suppliers, but no bids were received In response. In accordance with the Municipal
Code, if no bids are received, a resolution may be adopted to authorize purchase on the
open market. Staff has identified a suitable vehicle at Camping World RV Sales. The Council
is requested to approve a resolution allowing the purchase of the identified vehicle in an
amount not to exceed $52,000.
Agreements
Item 9n. Settlement agreement with multiple parties for acauisition of properties for the
Westside Parkway. The City has been acquiring properties for the Westside Parkway project
for over 15 years. This acquisition consists of several parcels totaling approximately 55 acres,
located on the east side of Mohawk Street, south of Rosedale Highway. As listed In the
administrative report, there are multiple parties involved, each having a fractional interest
ranging from approximately 35% to less than 1 The total negotiated purchase price is
$2,217,440, and represents the fair market value of the property. Funding is derived from State
and local transportation funding.
There are three contract amendments for TRIP Projects, as follows:
Item 90. Westside Parkway. Phase 1 (Mohawk Extension) and Phase 4 (Truxtun Tie-In):
Amendment No. 4 to Agreement 06-208 with Dokken Engineering for $280,000.00 (not to
exceed total of $7,367,674.00. The City originally contracted with Dokken in 2006 for Phase 1
engineering design services. At that time, it was not expected that the Truxtun Tle-In could
be constructed until the final alignment for the Centennial Corridor was selected. However,
staff was able to develop a project to accommodate any of the alternatives being
considered, which has resulted in the need for Dokken to perform additional work in support of
various design changes and property acquisitions.
Item 9p. Hageman Flyover: Amendment No. 1 to Aareement 07-339 with AECOM Technical
Services for a $546,832.43 reduction (not to exceed total of $2,081,745.78). Due to a
simplification to the alternatives originally anticipated for this project and because Parson's
Agenda Highlights - December 15, 2010 Council Meeting
Page 2
TRIP staff did the traffic analysis for this project as part of their program management work,
there has been a reduction in the scope of work AECOM was originally to perform.
Item 9q. 178 Widening Project: Amendment No 1 to Agreement 07-338 with PB Americas, Inc.
for $472,615.00 (total not to exceed $2,945,529.00): As this project has progressed, CalTrans is
requiring additional work, beyond that originally identified in this contract. The extra work is
related to issues associated with how future improvements to the highway would be handled,
beyond the improvements that would be TRIP funded, such as expansion of the project limits,
additional soil and drainage studies, new requirements for green house gases, and additional
biological studies and surveys. Adequate funds have been budgeted for each of the three
change orders.
Item 9bb. Annual Audit Reports (to be referred to the Budget and Finance Committee). Six
audit reports, including the City's Comprehensive Annual Financial Report for FY ending June
30, 2010, will be provided to the City Council. The reports are recommended for referral to
the Budget and Finance Committee.
Items 9cc. - gg. Annual Combliance Reports for FY 2009-10. Five compliance reports are
being presented to the City Council and the public for review, including: Planned Drainage
Area Fees, Planned Sewer Area Fees, Bridge Crossings and Major Thoroughfare Fees, Park
Impact Fees, and Transportation Impact Fees.
Public Works and TRIP staff will present a status report on the Thomas Roads Improvement
Program.
New Business
The City Council will elect one of Its members as Vice-Mayor. At the next regular Council
meeting on January 12, 2011, the Vice-Mayor will submit the appointments to all Council
Committees and Special Boards.
Approved: /
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - December 15, 2010 Council Meeting
Page 3
MEETING DATE: December 15, 2010 AGENDA SECTION: Installation Ceremony
ITEM: 2.a.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: December 1, 2010
SUBJECT: Certification of Election Results
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 1/G-
CITY MANAGER 415
1. Resolution declaring the results of the General Municipal Election for the
election of Councilmember for Wards 1, 3, 4 and 7 held in the City of Bakersfield
on November 2, 2010.
2. Resolution declaring the results of the General Municipal Election for submission
of a Measure relating to Pension Benefits, Measure D, held in the City of
Bakersfield on November 2, 2010.
3. Ordinance of the City of Bakersfield adding Chapter 2.85 to the Bakersfield
Municipal Code relating to Pension Benefits.
RECOMMENDATION:
Staff recommends adoption of the Resolutions and Ordinance.
BACKGROUND:
Pursuant to State law, the City Council, after a General Municipal Election, must adopt the
appropriate Resolution(s) accepting the City Clerk's Certification of the Canvass of Results of the
General Municipal Election held November 2, 2010. These Resolutions declare the election results
for Councilmembers as follows:
Ward 1:
Rudy Salas, Jr.
Ward 3:
Ken Weir
Ward 4:
David Couch
Ward 7:
Russell Johnson
In addition, the attached resolutions declare the election results for the passage of Measure D
(40,305 Yes, and 32,693 No). The Ordinance, which is the implementation of Measure D,
becomes effective ten (10) days after certification of the election results by the City Council.
rg
December 2, 2010, 11:23AM
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ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Closed Session
ITEM: 3. a„
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: November 16, 2010 CITY ATTORNEY ✓G
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Erica Morataya v. City of Bakersfield
KCSC Case No. S-1500-CV-267729 WDP
VGAsc
&WOUNCIL\CI Sess\Admins\10-11\12-15-10EAskit.doc
MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments
ITEM: 5. a
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 1, 2010
One appointment to the Fire Civil Service Board, due to the expiration of term
of Thomas Edmonds, whose term expires December 31, 2010.
APPROVED
DEPARTMENT HEAD T
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the expiration of term of
Thomas Edmonds, whose term expires December 31, 2010. The news release for this
recruitment was posted on October 21, 2010.
Two applications have been received:
• Incumbent, Thomas Edmonds
• Ray Chopra
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three
(3) members, appointed by the full Council. Members must be residents of the City
throughout their three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and
discipline of members of the Fire Department. All applicants have been encouraged to
contact each councilmember regarding their interest and qualifications. Meetings are
held the second Monday of each month at 3:00 p.m., at the Fire Administration Office,
2101 H Street, Bakersfield.
2-Dec-10 8:21 AM
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MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments
ITEM: Sib,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 1, 2010
Two appointments to the Miscellaneous Civil Service Board, due to the expiration
of terms of Gonzalo E. Ramirez and Percy A. Robinson, whose terms expire
December 31, 2010.
APPROVED
DEPARTMENT HEAD AT
CITY ATTORNEY p Ve-
CITY MANAGER tiJ
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Miscellaneous Civil Service Board due to the expiration
of terms of Gonzalo E. Ramirez and Percy A. Robinson, whose terms expire December 31,
2010. The news release for this recruitment was posted on October 21, 2010.
Two applications have been received:
• Incumbent, Gonzalo E. Ramirez
• Incumbent, Percy A. Robinson
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is
composed of five (5) members, appointed by the full Council. Members must be residents
of the City throughout their three-year term and shall have no connection with City
government.
The Board formulates rules and regulations governing the selection, promotion and
discipline of employees affected by Civil Service. All applicants have been encouraged to
contact each Councilmember regarding their interest and qualifications. Meetings are
held the third Tuesday of each month at 2:00 p.m. at City Hall North, 1600 Truxtun Avenue,
Bakersfield.
2-Dec-10 8:34 AM
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MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments
ITEM: $ . 0 ,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 1, 2010
One appointment to the Police Civil Service Board, due to the expiration of term
of William R. Perry, whose term expires December 31, 2010.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of
William R. Perry, whose term expires December 31, 2010. The news release for this
recruitment was posted on October 21, 2010.
Three applications have been received:
• Incumbent, William R. Perry
• Ray Chopra
• Nicholas Hernandez
The Police Civil Service Board is an advisory body to the City Council. It is composed of
three (3) members appointed by the full Council. Members must be residents of the City
throughout their three-year term and shall have no connectidn with City government.
The Board formulates rules and regulations governing the selection, promotion and
discipline of members of the Police Department. All applicants have been encouraged to
contact each Councilmember regarding their interest and qualifications. Meetings are
held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building,
Executive Conference Room 53,1601 Truxtun Avenue, Bakersfield.
December 2, 2010, 8:37AM
V:\Bds&Comm\P0LICE\2010\Admin Dec 2010.docx
MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments
ITEM: ,d,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 1, 2010
One appointment to the Golden Empire Transit District Board due to the expiration
of term of Norris Ledbetter, whose term expires January 6, 2011.
APPROVED
DEPARTMENT HEAD A 1"
CITY ATTORNEY kll~-
CITY MANAGER &
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
One appointment to the Golden Empire Transit District Board due to the expiration of term of
Norris Ledbetter, whose term expires January 6, 2011. The news release for this recruitment was
posted on November 5, 2010.
One application to fill the expired term has been received from the incumbent, Norris Ledbetter.
The Golden Empire Transit District Board supervises and regulates transit facilities owned,
operated or controlled by the district, including establishment of rates, rentals, charges and
classifications, enforcement of regulations, contracts, practices and schedules. City
representatives are nominated and appointed by the full Council and must be residents of the
City of Bakersfield throughout their 4-year term.
Meetings are held the first and third Tuesdays of each month at 5:30 p.m. in the District Board
Room at 1830 Golden State Avenue.
December 2, 2010, 8:14AM
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MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q,o~.
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 197-
DATE: December 3, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the November 17, 2010 Regular Council Meeting and the
December 3, 2010 Special Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
row
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ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: Q ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 3, 2010
APPROVED
DEPARTMENT HEAD /1/f7
CITY ATTORNEY D~
CITY MANAGER
SUBJECT: Approval of department payments from November 5, 2010 to December 2, 2010
in the amount of $19,015,660.97 and Self Insurance payments from November 5,
2010 to December 2, 2010 in the amount of $344,043.63.
RECOMMENDATION:
Staff recommends approval of payments totaling $19,359,704.60
BACKGROUND:
KLG
December 3, 2010, 10:10AM
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ADMINISTRATIVE REPORT
0 0A
0
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: November 19, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of Ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from P.C.D. (Planned
Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned
Commercial Development) on approximately 5.14-acres located at 5001 Ming
Avenue. (Zone Change No. 10-0395, G.C. Corporation). (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the ordinance was given on November 17, 2010.
The proposed zone change is from P.C.D. (Planned Commercial Development) to C-2/P.C.D.
(Regional Commercial/Planned Commercial Development) on 5.14 acres to accommodate a
retail commercial center. There is no need or request to change the current land use
designation, which is GC (General Commercial) as the C-2/P.C.D. zone is consistent with the
present land use designation. Under the P.C.D. overlay zone all phases of development will
require Planning Commission approval at a public hearing to ensure the development
maintains compatibility with adjacent developments and with existing and approved on-site
development.
On October 21, 2010, the Planning Commission conducted a public hearing on the proposed
zone change and recommended approval to the City Council. The Planning Commission also
approved Planned Development Review No. 10-0461 to construct a 14,000 square-foot
restaurant as Phase 1 of the site development. No one appealed the decisions by the Planning
Commission.
Staff determined that the project is an in-fill development and thus exempt from CEQA under
Section 15332 of the State CEQA Guidelines. A Notice of Exemption was prepared on October
21, 2010 in accordance with CEQA.
HC\S:\ZoneChange\yr 2010\10-0395\Admin Report ZC 10-0395 12.15. 10
A
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson Smith, Finance Director
November 17, 2010
Resolution Adopting the Investment Policy of the City.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY f
~ CITY MANAGER ~
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution places the City in conformance with Section 53646 of the California Government Code
that requires staff to annually render to the legislative body a statement of investment policy which the
legislative body shall consider at a public meeting. There have been no changes to the California
Government Code regarding municipal investment guidelines in the last twelve months.
November 15, 2010
PAINVESTMENT POLICY/ADMIN
ADMINISTRATIVE REPORT
L1F0
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: Ci, e,.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 8, 2010
A resolution approving request to file extension of time with the State of California,
Department of Transportation, for the Transportation Equity Act for the 21s' Century
(TEA-21) funds for the Centennial Corridor Project. (TRIP) (\NO*-ds IF2)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of resolution.
BACKGROUND: The Federal Transportation Bill approved in 1998 (Transportation Equity Act
for the 21St Century, or TEA-21) included $15.75 million for the Centennial Corridor Project. A
portion of these funds were initially used in 2001-02 for the Bakersfield Systems Study. The City
received authorization to utilize the remaining $12,966,598 of these TEA-21 funds from the State
Department of Transportation (Caltrans) on September 12, 2005. On January 30, 2008 the City
entered into an agreement with HNTB Corporation to provide Engineering and Environmental
Services for the environmental document for the Centennial Corridor Project. Since that time,
the City has utilized $6,039,080.87 of these TEA-21 funds to cover the costs incurred on this project
so that there still remains $6,927,517.13 available to be used. Caltrans notified the City last month
that these remaining funds will lapse on June 30, 2011 unless a request for a time extension is
submitted to them. This request for a time extension must have the approval of the City Council
per the attached resolution.
December 8, 2010, 10:05AM
Kpb:C:\DOCUME-1\Iskinner\LOCALS-1\Temp\XPgrpwise\Centennial CWA Admin REVI.DOCX
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 29, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution determining that a DUI checkpoint vehicle for the Police Department
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 $52,000. (City Wide)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The Police Dept. was awarded a grant from the Office of Traffic Safety for the
Selective Traffic Enforcement Program (STEP). This item was originally brought before Council
on September 8, 2010. A portion of the grant was earmarked to acquire a DUI Checkpoint
Vehicle.
Invitations to bid were sent to over two hundred (200) suppliers for providing vehicles suitable
for use by the Police Department at DUI checkpoints. No bids were received in response to
solicitation.
In accordance with Municipal Code section 3.20.060 D.3; if no bids are received, by adoption
of a resolution, equipment or materials may be purchased on the open market. Staff has
located a suitable used vehicle at Camping World RV Sales in Bakersfield.
Staff is recommending adoption of the Resolution to dispense with bidding and purchase a
DUI checkpoint vehicle using an open market procedure from Camping World RV Sales. This
vehicle will be funded with Federal Grant Revenues (AVOID THE 18 DUI CAMPAIGN - KERN
COUNTY) Grant from the State Office of Traffic Safety for an amount not to exceed $52,000.
Purchasing Division/kb
SAPURMADMINWdmin 10-11\Purchase of DUI checkpoint vehicle, December 15, 2010.docx
13A
O~ycovox,r~ RS
t~ to
ADMINISTRATIVE REPORT
IF O
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEADS u
DATE: December 1, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1683 to add territory, Area 5-61 (4505 Hughes Lane)
to the Consolidated Maintenance District and preliminarily approving, confirming,
and adopting the Public Works Director's Report, (Ward 7)
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.
ps
G:\GROUPDAT\ADMINRPT\2010\12-15\CMD 5-61 ROI 1683 admin.docx
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: A h
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 30, 2010
Approval of Tract Map and Improvement Agreements
Final Map, Improvement and Landscape Agreements with Mira Lago, L.P., a
California Limited Partnership, for Tract 6167 Phase 1 located east of Old River
Road and north of Harris Road. (Ward 5)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of map and agreements.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
dha
November 30, 2010, 11:23AM
G:\GROUPDAT\ADMINRPT\2010\12-15\T6167-1 Map and IM AGR.doc
A
OFd ,
ADMINISTRATIVE REPORT
TO
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q j ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: October 28, 2010 CITY ATTORNEY
CITY MANAGE
SUBJECT: Agreement with Acclamation Insurance Management Services (AIMS) fdr workers'
compensation claims management services in the amount of $353,165 for contract year
one, and $365,526 for contract year two. The Agreement provides for an optional third
year, at the City's discretion, with a third year fee of $ 378,319.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The City's contract with Acclamation Insurance Management Services (AIMS) for workers'
compensation claims management services expires on January 31, 2011. On May 4, 2010, a Request for
Proposal was sent to eight (8) claim management companies to solicit bids to provide claim management
services to the City of Bakersfield. The City received responses from five companies. After a thorough
review of the proposals submitted, the following firms were selected to participate in the oral review
process: Acclamation Insurance Management Services, and American All-Risk Loss Administrators
(AARLA).
The City's oral board consisted of the following: Ralph Korn, Risk Manager, Jena Covey, Administrative
Analyst, Risk Management, and Kathy McLean, Workers Compensation Claim Manager, California State
Association of Counties-Excess Insurance Authority. The potential providers were assessed on their
knowledge and experience in claims adjusting, with special focus on claim handling for municipalities.
Other pertinent factors were considered such as the location of their office that would handle City claims,
the personnel that would be assigned to handle City claims, their knowledge and understanding of the
workers' compensation system and how the recently enacted changes to State Workers' Compensation
laws impact the City of Bakersfield, the cost of the proposals and their ability to work harmoniously with
the various City Departments. Major Departments including Public Works, Fire, and Police are pleased
and satisfied with the services that we have received from AIMS and had no objections to renewing the
contract.
October 28, 2010, 7:58AM
S:\Ralph\Contracts\AIMS Admin. Report--WC, 2010.doc
ADMINISTRATIVE REPORT
The three year cost under the expiring contract with AIMS was $930,976. The three year not-to-exceed
cost for the proposed contract is $1,097,010. This represents an increase over three years of $166,034.
The proposals from AIMS and AARLA were comparable in both pricing and level of service. AARLA
proposed a three year fee of $1,095,000 compared to the AIMS proposed cost of $1,097,010. Two of the
other proposers' pricing were significantly higher than the pricing proposed by AIMS and AARLA, and
were not considered based upon that fact. The remaining other proposer's pricing was significantly lower
than the pricing from AIMS and AARLA, but their proposal was inadequate in several other respects
including location of servicing office and inability to identify staff that would handle the City's account.
Changing Workers' Compensation claim administrators is a costly and time-consuming process. The
difference in pricing and service levels between AIMS and AARLA is not significant enough to justify
making a change at this time.
Staff recommends that the City enter into a contract with AIMS for Workers' Compensation claim adjusting
services for the next two (2) years with an optional third year.
RAK
October 28, 2010, 7:58AM
S:\Ralph\ContractsWlMS Admin. Report--WC, 2010.doc
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director
DATE: December 2, 2010
SUBJECT: Transportation Impact Fee Agreement
improvements constructed on Panama
exceed $405,051.00). (Ward 6)
DEPARTMENT HEAD I U
CITY ATTORNEY D/
CITY MANAGER F~
with Buena Vista Land Company for
Lane and Buena Vista Road (not to
RECOMMENDATION: Staff recommends adoption of agreement.
BACKGROUND: Buena Vista Land Company, LLC is developing property located at the
southeast corner of Panama Lane and Buena Vista Road. Buena Vista Land Company
purchased said property from Lennar Homebuilders (formerly Tentative Tract 6652).
Development of said land required the construction of improvements on Panama Lane and
Buena Vista Road that are eligible for Transportation Impact Fee credits. A condition of the
purchase of said property was that the public improvements on Panama Lane and Buena Vista
Road were to be constructed by Lennar Homebuilders but paid for by Buena Vista Land
Company. Therefore, the impact fee credit is due to Buena Vista Land Company. The total
amount of credit from the Transportation Impact Fee Facilities List (Facilities List) apportioned to
these projects is $405,051.00. This amount was based upon the value of improvements as listed
on the Facilities List. The developer has requested that the transportation impact fee credit
available from these improvements be applied to impact fees due on the development of its
property at the southeast corner of Panama Lane and Buena Vista Road.
/Ps
G:\GROUPDAT\ADMINRPT\2010\12-15\TIF credit agr BV Land Co - T6652 - Edible Garden.docx
C R OR.lf~
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q . k .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA LAC
DATE: December 2, 2010 CITY ATTORNEY
CITY MANAGER AGS
SUBJECT: Agreement with Muxlow Construction for $50,000 of Community Development
Block Grant funds to provide handicap accessibility improvement services to
qualified low-income residents in privately owned structures. (All Wards)
1) Appropriate $50,000 Community Development Block Grant (CDBG) Fund
Balance to the Operating Budget for the Home Access Grant Project within the
CDBG Fund.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This appropriation of CDBG fund balance is required to provide funding up to $50,000 for this
successful program. The agreement for this program will expire soon, and the current fiscal year
agreement will be forwarded to the City Council for consideration and approval in December
2010.
The City of Bakersfield's Consolidated Plan 2015 has identified accessibility improvements as a
high priority with 78% of the disabled population falling under the 80% of the City's median
income level. Each year the City's Community Development Block Grant Program reserves
funding for the Home Accessibility (HA) Grant Program. The Program provides grants of up to
$3,500 per household for constructing accessibility improvements/modifications. Up to $1,000 of
additional funds under the agreement are used to address the costs of complying with Federal
and State lead-based paint regulations for low income physically challenged residents who live
in privately owned residential structures.
Approximately 36 residential dwelling units are retrofitted each year under the HA Grant
Program. Types of improvements include exterior ramps, handrails, grab bars, handicap toilets,
and door widening. The previous contract for this much needed community service for the
aging low income population expires on December 31, 2010.
S:\Admins\City Council\City Council Admins 2010\Muxlow HA 2010 Admin.Doc
12/2/2010 3:25 PM
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ADMINISTRATIVE REPORT
Page 2
A Request for Proposal (RFP) for HA annual contract services was issued to four contractors in
November 2010 which produced one bid. In review of the bid, Muxlow Construction was
deemed the most qualified and only responsible bidder. Muxlow Construction holds a Lead-
Based Paint Supervisor Certification which is a regulatory requirement for work on homes which
were built prior to January 1, 1979.
This Agreement will allow the City's residents to continue receiving the much needed handicap
accessibility improvements through an annual services contract with an experienced and
licensed contractor. By taking this action, staff can offer assistance to the HA applicants
currently on the waiting list.
S:\Hdmins\City Council\City Council Admins 2010\Muxlow HA 2010 admin.doc
12/2/2010 3:25 PM
TP
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v
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rs
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q ,1.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: December 15, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY V4
CITY MANAGER &
SUBJECT: A Memorandum of Understanding between the Bakersfield Police Department and
the Integrated Law & Justice Agency for Orange County, California regarding the connectivity
between Bakersfield PD (KC Re-Dex) and Orange County (ILJAOC).
RECOMMENDATION:
Staff recommends the approval of the Memorandum of Understanding.
BACKGROUND:
The Bakersfield Police Department (BPD) has taken the lead role (among eleven participating
agencies in Kern County) in developing and hosting the Kern Law Enforcement Regional Data
Exchange (KC Re-Dex) Node. The goal of this project is to create a system of interoperability
that will allow Kern County law enforcement agencies access to criminal background, prior
criminal offenses and other investigative leads relating to suspects they contact who reside in
other jurisdictions.
The KC Re-Dex Node will connect with other COPLINK Nodes, throughout the United States
allowing agencies to exchange data from their Records Management System (RMS). The
ILJAOC is one of those nodes, The KC Re-Dex system will receive RMS data from the
participating agencies in Kern County, warehouse the data in a shared server, then allow the
sharing of information (consensual contacts, vehicle descriptions, suspicious circumstance
incidents, associate identification and other important information relating to suspects they
contact who reside in other jurisdictions) within the Kern County Criminal Justice System.
The COPLINK System is the national model for law enforcement information sharing and
analysis. The COPLINK System allows BPD an instantaneous way to collect and analyze crime-
related data from widely differing sources, agencies and jurisdictions. Connectivity between
these diverse sources is critical for the BPD to share criminal history information and develop
investigative leads with other jurisdictions.
RCB
Pagel of 2
A
ADMINISTRATIVE REPORT
ILJAOC was created to develop and implement a regional justice information sharing system
utilizing the COPLINK system that would allow law enforcement agencies throughout Orange
County to share information in their case and records management systems.
The ILJAOC has completed nine Memorandums of Understanding with other jurisdictions
allowing access to nearly a quarter billion documents.
The ILJAOC has requested the BPD (KC Re-Dex) to enter into an MOU with them to allow for
the exchange of data.
This MOU has language in two main areas (indemnification and liability), which are different
from boiler plate contract language that the City is accustomed.
The significant differences are under the language proposed, the City of Bakersfield is
agreeing to indemnify Orange County and there are areas where the City of Bakersfield is
agreeing that certain actions may create a claim for liability.
Therefore, the City Attorney recommends that City Council review and approve this
contract on the basis that the benefits of entering into this MOU outweigh any risk that may be
associated with not having boiler plate contractual provisions.
RCB
Page 2 of 2
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ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q, rn
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 2, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
VACC
CITY MANAGER
SUBJECT: Agreement with Bolthouse Properties, LLC to purchase real property within Parcel Map
11593 located west of Windermere Drive and south of White Lane for $50,000 for a
domestic water well site. (Ward 5)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
The City of Bakersfield is acquiring land to construct a domestic water well site for the purpose of
providing drinking water. The water well site contains approximately 13,027 square feet. The owner,
Bolthouse Properties LLC will be responsible for all off site improvements as set out in the purchase
agreement. The purchase price of $50,000 is the fair market value based on an appriasal prepared by
Michael Burger and Associates, an independent appraisal company.
A Phase I Environmental Site Assessment report has been provided by the Seller. On February 18, 2010,
the Planning Department found the acquisition consistent with the Metropolitan Bakersfield General Plan.
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q n
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 2, 2010 CITY ATTORNEY
61-
CITY MANAGER &
SUBJECT: Agreement with JEFF WANAMAKER, individually and as Administrator of the ESTATE
OF ROBERT WANAMAKER, deceased, JAMES L. LEONHARD and ROBIN C. LEONHARD as Trustees
of the James and Robin Leonhard Trust dated January 9, 1990, MASONIC HOMES OF CALIFORNIA
a California Corporation, JOHN R. MATHIE as Trustee of the Mathie Family 1990 Trust dated
January 31, 1990, MARSHALL PLAN, LTD., a California Limited Partnership, EDWIN LEROY TOLLES as
Trustee, MARY ANNE GARNER FRISONE as Trustee of the Mary Anne Garner Frisone Revocable
Trust U/A dated September 17, 1993, JAMES E. MUNSON and CHERRON G. MUNSON individually
and as Trustees of the James E. And Cherron G. Munson Revocable Trust U/A dated November
16, 1993, GAYLE GARNER ROSKI individually and as Trustee of the Gayle Garner Roski Revocable
Trust U/A dated November 16, 1993, PATRICIA BURNS GEBHARDT, CHARLES B. RANDALL, JUDY
SHULTIS STEFFENS, CLARITA J. SCHULTIS, JAMES A. SHULTIS, KERMINETTE S. BONNEY individually,
ANNETTA S. LEE, ANNETTA LEE, KERMINETTE S. BONNEY and GEORGE W. BONNEY, II, husband and
wife, TUCKER GARNER, JANETTE R. GARNER, CHARLES W. BOZARTH and ANNE LANE BOZARTH as
Trustees of the Charles W. Bozarth and Anne Lane Bozarth 1976 Trusts, TONI BLOEMER as Executrix
of the Bloemer Estate, LP, a limited partnership, OPTOMISTS BOYS HOME AND RANCH a California
Corporation, NORTHERN TRUST, RRR CUSTODY, RALPH B. TIPPET, CORNELIA M. BELL, LAURIE LINK
WALLACE, ROBERT JAMES RUDOLPH, Trustee and/or Executrix under Will of William Rudolph,
deceased, to purchase real property located on the east side of Mohawk Street south of
Rosedale Highway for $2,217,440.00 for the Westside Parkway. TRIP (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway for over 15 years.
The property currently being acquired consists of several parcels that comprise approximately 55
acres in total. It is located at the northeast quadrant of the Westside Parkway and Mohawk
Street. The property is owned by multiple parties each with a fractional interest ranging from
approximately 35% to less than 1%. The purchase price of $2,217,440.00 is a product of
negotiations based on appraisals prepared by Randy K. Merriman, MAI and Michael C. Burger,
MAI and represents the fair market value of the property being acquired.
December 2, 2010, 4:08PM
P:\MyFiles\Admin Reports\Wanamaker East.doc
DMA/s
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by
the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the
acquisition of properties necessary for the Westside Parkway consistent with the 2010
Metropolitan Bakersfield General Plan.
Funding for the purchase will be a combination of State and local road funds. No General Fund
dollars will be used regarding this purchase.
December 2, 2010, 4:08PM
P:\MyFiles\Admin Reports\Wanamaker East.doc
DMA/s
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: G , 0.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 22, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement 06-208 with Dokken Engineering, ($280,000.00; for a
revised not to exceed total of ($7,367,674.00) for Engineering Design Services for Phases
1 and 4 of the Westside Parkway Project (TRIP). (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City entered into Agreement 06-028 on July 19, 2006 with Dokken Engineering to
provide Engineering Design Services for Phase 1 (Mohawk Street Extension) of the Westside Parkway
Project. Amendments 2 and 3 were subsequently entered into to provide these services for Phase 4
(Truxtun Tie-in) of this project. Phase 1 includes the construction of Mohawk Street from Rosedale
Highway (SR-99) to Truxtun Avenue. Phase 4 consists of constructing 4 lanes of freeway between
Truxtun Avenue and the Mohawk St. Interchange currently under construction.
Dokken performed additional work which was outside of their original scope of services, but which
was needed in order to complete the final design for these projects. They provided additional
support to City staff regarding property acquisitions for the projects, and there were revisions to the
construction plans required after the plans had already been completed.
When Phase 1 was initially designed, it was not anticipated that the Truxtun Tie-In (Phase 4) would be
able to be constructed until a final alignment for the SR-58 Connector (Centennial Corridor), that will
connect the east end of the Westside Parkway to SR-58 east of SR-99, was selected. But TRIP staff,
while working with Dokken and Caltrans, was able to develop a Truxtun Tie-In project that would
accommodate any of the Centennial Corridor Alternatives under consideration. This Phase 4 project
required changes to the Phase 1 plans that had been already completed and bid.
Much of the Phase 1 project (Mohawk Street) is elevated as the road passes over both the Westside
Parkway and the Burlington Northern and Santa Fe Railroad. And though access is provided to
properties on either side of Mohawk, these properties were owned by the same owner who saw this
project as bisecting his properties. Dealing with this owner required extensive time and negotiation
and involved many different engineering related scenarios including tunnels, bridges, additional
access points, and other engineering work that Dokken provided to the City for these discussions.
Finally, there were some changes required at both the north end and south ends of the Phase 1
project (at the Rosedale Highway and at the Truxtun Avenue intersections) required after the project
had already been designed. The changes at the south end were to accommodate additional
access to businesses in this area as well as changes to the water line installation in order to minimize
service disruption during construction. The changes at the north end of the project were to
G:\GR0UPDAT\ADMINRPT\2010\12-150okken Amendment 4- Admin.doc
ADMINISTRATIVE REPORT
accommodate some requests by Caltrans for SR-58 (Rosedale Highway) that were not originally
anticipated, but that were needed in order to obtain a permit from Caltrans for work in this area.
Staff recommends approval of this amendment. Adequate funds have previously been budgeted to
pay for this Amendment.
tdw
G:\GROUPDArADMINRPT\2010\12-15\Dokken Amendment 4- Admin.doc
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: C1, .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 22, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 07-339 with AECOM Technical Services Inc.,
(formerly Lim and Nascimento Engineering Corporation), (reduction of $546,832.43);
for a revised not to exceed total of $2,081,745.78) for Engineering and
Environmental Services for the Hageman Flyover. (TRIP) (Ward 3)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City entered into Agreement 07-339 on September 26, 2007 with AECOM
Technical Services Inc., (formerly Lim and Nascimento Engineering Corporation) to provide
Engineering and Environmental Services for the Hageman Flyover Project. This project connects
Hageman Road west of SR-99 to Golden State Avenue/SR-204 east of SR-99.
This Amendment is a reduction to this contract. This reduction is due to a simplification to the
alternatives that had originally been anticipated for the project. In addition, Parson's TRIP staff
undertook and completed the traffic analysis for this project as part of their Program
Management work. These items resulted in a reduction in the scope of work AECOM was
originally tasked to perform.
Staff recommends approval of this deductive amendment.
Due to the voluminous nature of the exhibits to this agreement, they are on Me in the City Clerk's
Office for review.
tdw
Rev.: December 3, 2010, 11:37AM
G:\GR0UPDATXADMINRPT\2010\12-15WECOM (LAN) Amendment 1- Admin.doc
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: , ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 22, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 07-338 with PB Americas, Inc., ($472,615.00; for a
revised not to exceed total of $2,945,529.00) for Engineering and Environmental
Services for the SR-178 Widening. (TRIP) (Ward 3)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City entered into Agreement 07-338 on September 26, 2007 with PB Americas,
Inc. to provide Engineering and Environmental Services for the SR-178 Widening Project. This
project includes the widening of SR-178 to six lanes between Vineland Road and Masterson and four
lanes between Masterson and Miramonte Drive.
As development of the project progressed, extra work is being required by Caltrans beyond that
originally identified in this contract. This extra work is to treat issues associated with how future
improvements to the highway would be dealt with beyond those improvements that would be TRIP
funded. These included items such as an expansion of the project limits, additional soil and drainage
studies, new requirements for green house gases, and some additional biological studies and surveys.
Adequate funds have already been budgeted to pay for this Amendment.
Due to the voluminous nature of the exhibits to this agreement, they are on rile in the City Clerk's
Office for review.
tdw
Rev.: December 3, 2010, 12:09PM
G:\GROUPDAT\ADMINRPT\2010\12-15\PB Amendment 1- Admin.doc
f.~~ ~F3
~:J 1^ni C7~
.ADMINISTRATIVE REPORT
F
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: Q. Y.
TO; Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 2, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT; Amendment No. 2 to Agreement No. 09-137 with the Housing Authority of the
County of Kern ($63,904, total not to exceed $4,878,904) for the purchase and
rehabilitation of a foreclosed 99-unit independent living facility at 2221 South Real
Road, (WARD 6)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On November 4, 2009, City Council approved Agreement 09-137 with the Housing Authority of
the County of Kern for the purchase and rehabilitation of a foreclosed 99-unit independent
living facility at 2221 South Real Road utilizing Neighborhood Stabilization Program (NSP) funds.
Likewise, on February 17, 2010, City Council approved Amendment 1 to Agreement 09-137 to
cover unanticipated costs associated with asbestos abatement and an upgrade to the fire
alarm system at the facility. Staff is now proposing Amendment 2 to the agreement to amend
the project timeline by approximately seventeen weeks, and increase the project budget by
$63,904, and include additional language to comply with NSP requirements.
As the Pinewood Glen Retirement Community project is nearing completion, the Housing
Authority has experienced unanticipated rehabilitation costs associated with plumbing,
electrical, painting, and site landscaping. The Housing Authority is proposing that the
additional funding come from surplus NSP funding from another NSP activity, the rehabilitation
of single-family residences by the Housing Authority. The revised total cost for purchase and
rehabilitation of the property is $4,878,904, and execution of this amendment will extend the
project timeline by approximately seventeen weeks. Project completion is expected by the
end of the 2010 calendar year. Only NSP funding is being used for this project.
The use of NSP funding also requires the lease of at least fourteen units to residents earning
equal to or less than 50-percent of Area Median Income. The remainder of the units must be
occupied by residents earning equal to or less than 120-percent of Area Median Income. The
proposed amendment requires compliance with these requirements.
S:\Admins\City Council\City Council Admins 2010\Pinewood Glen Amend 2_Admin.Docx
12/2/2010 2:49 PM
RB
44
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q.5.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: November 18, 2010
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Amendment No. 1 to Agreement No. 10-075 with GC Environmental, Inc.
($500,000; revised not to exceed $1,000,000) to amend original Agreement for
Landfill Gas System Services for the Bakersfield Sanitary Landfill Closure Project
due to new state regulations (Ward 3).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On June 9, 2010, Agreement No. 10-075 was approved with GC
Environmental, Inc. to provide monitoring, reporting, adjusting, repairing, planning, design and
addition to the City's landfill gas system. This Agreement had a not to exceed amount of
$500,000 and provided services for a five year term ending on June 30, 2015. Approximately
half of the compensation amount is needed for routine monitoring and maintenance, with the
remainder needed for pipeline relocation and well elevation changes to be during the
upcoming closure project.
After the original Agreement was approved by the City Council, new state regulations were
enacted, requiring the City to further modify the system. The new regulations require removal
of gas from greater depths than before. Staff estimates that an additional $500,000 must be
added to the original Agreement to comply with the changes mandated by the new state
regulations. Therefore, staff recommends that the not to exceed compensation amount be
increased to $1,000,000. A separate funding source entitled "the Landfill Closure Reserve
Fund" was established to fund the Landfill Closure Project. Therefore, sufficient funds remain in
the Project's budget to fund this Amendment.
Staff recommends approval of Amendment No. 1 to Agreement No. 10-075 with GC
Environmental, Inc. This Amendment increases the not to exceed compensation amount from
$500,000 to $1,000,000. There is no General Fund impact associated with this Amendment.
mh
November 19, 2010
S:\FILING\400 CONTS & AWNTS\FY_1011\Admin Rpt - Amend Agmt GCE 10-075.doc
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: C4, t,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 12VL
DATE: November 16, 2010 CITY ATTORNEY
CITY MANAGER W
SUBJECT: Amendment No. 1 to Agreement No. 09-162 with Bakersfield Homeless Center
(annual cost of $159,744) to extend term of Agreement by one year for the
sorting of green waste material at the Mt. Vernon Green Waste Facility (Ward 1).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On December 16, 2009, Agreement No. 09-162 was approved with the
Bakersfield Homeless Center for the sorting of green waste material at the Mt Vernon Green
Waste Facility. The annual compensation amount for this Agreement was $153,504. In
addition, the Agreement's term was for one year and could be renewed annually for four
consecutive one-year periods. The current Agreement ends in December 2010. Therefore, an
amendment is needed to extend the term for an additional year. This amendment provides for
an annual compensation amount of $159,744 for the next one year term.
This program has proven to be a tremendous success for both the City and the Homeless
Center. The City has received excellent service in the sorting of green waste material. The
Bakersfield Homeless Center has been able to launch an employment program that is
empowering homeless individuals to find housing, employment opportunities, and job training
skills. Due to this mutually beneficial relationship over the past year, both parties desire to
extend the Agreement for an additional year.
Staff recommends approval of this Amendment with Bakersfield Homeless Center. Sufficient
funds are budgeted to fund this Amendment. There is no General Fund impact associated
with this Amendment.
mh
November 17, 2010
SAFILINGV100 CONTS & AGMNTSIFY 1011\Admin Rpt -Bakersfield Homeless Center Agmt No. 09-162
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: Ci, Lt.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 30, 2010
DEPARTMENT HEAD /✓S
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 02-061 with CC Plaza, LLC for office space at 900
Truxtun Avenue to extend lease for additional three years with two one year options to extend.
(Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On March 6, 2002, the City of Bakersfield entered into Agreement No. 02-061 to lease administrative
office space at 900 Truxtun Avenue for the Recreation & Parks and the Economic & Community
Development Departments. On November 19, 2003, the lease was first amended to delete a portion of
the first floor lease space. Then in December of 2006, the City purchased the Borton Petrini Building. In
January of 2007, the Economic & Community Development Department and the Fire Prevention Division
were relocated from the second floor of 900 Truxtun to the third and fourth floors of the Borton Petrini
Building, and the Thomas Road Improvement Program (TRIP) and Parsons were relocated from the third
and fourth floors of the Borton Petrini Building to the second floor of 900 Truxtun Avenue. This was done
to consolidate the TRIP personnel onto one floor to achieve operational efficiencies.
The lease was amended for the second time on January 30, 2008, to extend the lease term for an
additional three years. Also the lease was amended to delete all but 56 square feet of the first floor since
Recreation & Parks has been relocated into the Borton Petrini Building in February of 2008. The rent was
increased from $1.55 a square foot to $1.70 a square foot or $18,455 per month on a modified full service
basis, meaning the City will pay for rent and janitorial services and the landlord will pay all other costs.
On August 19, 2009, the lease was amended for a third time to incorporate space previously subleased
from Quad Knoff to provide for the additional staff that was hired as TRIP's workload increased.
However, to reduce costs the City relocated this space into another office suite within the same building
which resulted in a savings of approximately $1,000 a month in rent plus the cost of utilities.
It has been determined that the building continues to meet the needs of the TRIP program and the rent is
consistent with comparable buildings suitable for our purposes. So the City is proposing to extend the
lease for an additional three years with two one year options to extend. The current rental rate and all
other terms and conditions of Agreement 02-061 will remain the same.
November 30, 2010, 8:43AM
PAMyFiles%dmin Reports\900 Truxtun Fourth Amend.doc
DMAls
A
~ J
ADMINISTRATIVE REPORT
1 0
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: G(, q.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD il,
DATE: November 30, 2010 CITY ATTORNEY Q~
CITY MANAGER
SUBJECT: Contract Change Order No. 3 to Agreement No. 09-113 with Kern Pacific
Construction ($10,146.33; revised not to exceed $3,239,874.92) for the Mesa
Marin Sports Complex Project (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for construction of four softball fields, restroom,
concession stand, irrigation system, walkways and all infrastructure for the Mesa Marin Sports
Complex.
During construction of the storm drain line, it was discovered that 70 lineal feet of this line will
need to be lowered in order to go under the drainage channel at the west end of the project.
As part of this work, an additional manhole will also have to be installed. The contractor has
agreed to accept a lump sum payment of $9,137.43 for this additional work.
During the installation of the backstops, two wells which were part of the an old leaching
system were discovered. The contractor has agreed to abandon these leach wells for the
lump sum price of $523.88.
During construction of the building pad, it was discovered that the elevation of one of the
existing PVC sewer lines going to the site was too high to be used for this project. The
contractor has agreed to accept a lump sum price of $485.02 to excavate, cap, and
abandon this sewer line. It should be noted that another existing sewer line will be used for the
building plumbing.
The net cost increase of Change Order No. 2 is $10,146.33. The sum of all change orders to
date on this project reflects a total cost increase of $112,374.92 (which is an increase of 3.6% of
the original contract amount) as illustrated below:
• Original Contract Amount = $3,127,500.00
• Amended Contract Agreement after Change Orders = $3,239,874.92
Net increase to date = $ 112,374.92
Sufficient funds are budgeted to fund this Change Order. Funding sources for this Change
Order include Capital Outlay Funds and park development fees.
RM (Construction)
November 30, 2010, 4:08PM
G:\GROUPDAT ADMINRPT\2010\12-15\CCO 3 Mesa Marin Sports Complex.doc
BA
T~~pp14 E Sl
U ADMINISTRATIVE
REPORT
LIFO
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q . W.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 30, 2010
APPF- ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 10-015 with Sandoval
Construction and Excavation ($34,260.15; revised not to exceed
$177,426.39) for the project known as Sewer and Water Improvements:
Southwest Hanger Area at the Bakersfield Municipal Airport (Ward 1).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the construction of sewer and water facilities which
will serve the future hangers in the southwest portion of the Bakersfield Municipal Airport.
During construction it was discovered that a previously undetected 24 inch irrigation line was
running under an area of the new building pad for one of the future hangers. This irrigation
line needs to be relocated in order that this building pad can be properly constructed. The
contractor has agreed to do relocate the irrigation line for the lump sum price of $42,710.
Several contract item quantities had to be decreased in order to construct this project per the
plans and specifications. These quantity reductions will result in a total credit of ($8,449.85)
This is the first change order to be submitted for this project. This change order will increase the
project total by $34,260.15 (which results in an 23.9% increase of the original contract amount)
as illustrated below:
Original Contract Amount = $143,166.24
Amended Contract Agreement after Change Orders = $177,426.39
Net Increase to date = $ 34,260.15
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
November 30, 2010, 3:50PM
G:\GROUPDAT\ADMINRPT\2010\12-15\CCO 1 Bakersfield Airport SW Hanger Area Sewer & Water.doc
1)A
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
November 29, 2010
Reject all bids for the annual contract for the supply of dewatering polymers.
(Ward 6)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: This item was originally on the November 17, 2010 Council agenda for
consideration. A letter of protest was filed by one of the vendors who participated in the bid
process and City staff requested the item be removed from the agenda to allow time to review
the claims made in the letter.
Staff has verified that the equipment settings were the same on all test dates, but the test results
on one particular date do reflect anomalies when compared to tests run on other dates.
Therefore, out of an abundance of caution, staff is recommending that the bid results be
rejected.
Staff will re-evaluate the product testing procedures and re-bid this item in the near future.
Purchasing Division
kb
SAPURCKADMINWdmin 10-11\Reject Bids -AC Supply Dewatering Polymers, 10-11-15, December 15, 2010.docx
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: G .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 1, 2010 CITY ATTORNEY
D~
CITY MANAGER ~-J
SUBJECT: Accept bid and approve annual contract for the supply of DAF polymers to
Polydyne, Incorporated in the amount of $50,173.88 for the Public Works
Department, Wastewater Division Plant #3. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Dissolved Air Flotation (DAF) thickeners were constructed as part of the
Wastewater Treatment Plant #3 expansion project, and currently the DAF units are in service.
The objective of flotation thickening is to separate solids from the liquid phase of the sludge.
To achieve this separation and to properly operate the DAF unit, the use of polymer is
necessary to condition the sludge. The use of polymer will promote coagulation of the sludge
solids and help thicken the sludge for DAF treatment. This contract is for the estimated annual
supply of polymers at Wastewater Treatment Plant #3.
Invitations to Bid were sent to over four hundred (400) suppliers for the Annual Contract for the
supply of DAF polymers. Three (3) bids were received in response to solicitation and are as
follows. The contract is renewable annually for four consecutive one-year periods at the City's
option and upon mutually agreeable terms. Sufficient funds are available in the Sewer
Enterprise Fund for this contract.
BIDDER AMOUNT
Polydyne, Inc. $ 50,173.88
Riceboro, GA
Ashland Hercules Water Technologies $ 61,377.75
Wilmington, DE
Calpi, Inc. $196,311.38
Bakersfield, CA
Purchasing Division/kb
SAPURCHIADMIMAdmin 10-11 WC for Supply of DAF Polymers, 10-11-37, December 15, 2010.docx
December 1, 2010, 4:35PM
ADMINISTRATIVE. REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: , 2 .
TO: Honorable Mayor and City Council APPROVED
FROM
DATE:
Nelson K. Smith, Finance Director
December 1, 2010
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept bids and approve contract to Stay Green, Inc. ($100,000) for the annual
contract for tree trimming. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to bid were sent to all registered bidders for tree trimming and
related services. Six (6) bids were received in response to the solicitation. The contract is
renewable annually for four consecutive one-year periods at the City's option and upon
mutually agreeable terms.
The bids solicited were based on a list of tree pruning, removal and other related service
descriptions with estimated quantities. A spreadsheet analysis is attached identifying Stay
Green, Inc. as the lowest overall cost to the City for the annual contract for tree trimming.
Staff finds the bid submitted, from Stay Green, Inc. to be acceptable and recommends
approval of the contract in the amount of $100,000. Funds are budgeted in the General
Funds for this contract.
Purchasing Division/kb
SAPURCHWDMINAdmin 10-MAC for Tree Trimming, 10-11-39, December 15, 2010.docx
Innovative
Annual Contract for
Quest Tree
United PacMc
West Coast
Landscape rL
Tree Trimming
Stay Green, Inc
Management, Inc.
Singh Group
Services, inc.
Arborists, Inc.
Services
BID NO. 10-11-39
Santa Clarita, CA
Bakersfield. CA
Carslbad, CA
La Habra. CA
Anaheim, CA
Fresno, CA
661-291-28M
661-837-8733
760-450-0534
562-6914600
714-991-1900
559-86D-9071
661-705-2089 (Fax)
661-588-5405 (Fax)
562-691-8839 (Fax)
714-956-3745 (Fax)
559-292-1776 (Fax)
UNIT EXTENDED
UNIT EXTENDED
EXTENDED
UNIT EXTENDED
UNIT EXTENDED
UNIT EXTENDED
ITEM DESCRIPTION
PRICE PRICE
PRICE PRICE
UNIT PRICE PRICE
PRICE PRICE
PRICE PRICE
PRICE PRICE
Tree Pruning
1 0" dbh to 7" dbh
41
21.00
1161.00
24.50
1,004.50
.45.00 11845.
25.00 1,025.00
35.00
1,435.00
75.00 3,075.00
040
00
40
2
Greater than 7" dbh to 17' dbh
308
50.00
15,400.
78.50
24,178.00
85.00
26.180.001
110.00
33,880.00
85.00
26,180.00
130.00
.
,
3
Greater than 17" dbh to 25" dbh
144
115.00
16,540.
129.00
18,576.00
122.00
17,568. rnI
115.00
16,560.00
175.00
25,200.00
200.00
28.800.00
10
325
00
4
Greater than 25" dbh to 36" dbh
35
133.00
4,655.00
168.00
5,880.00
145.00
5,075.00
140.00
4,900.
175.00
6,125.00
295.00
.
.
5
Greater than 36" dbh
12
170.00
2,040.00
224.00
2,688.00
178.00
2.136.00
170.00
2.040.001
175.00
2.100.00
395.00
4,740.00
►atm Does
6 Palm Tree - so' Qr less 8
50.00 400.00
34.00 272.00 55.00 440.00 35.00 280.00 50.00 400.00 225.00 1,800.
7 Palm Tree - Greater than so' i2
55.00 660.00
65.00 780.00 96.00 1,152.001 55.00 660.00 85.00 1,020.00 300.00 3,600.00
TOTAL TREE PRINING/PALMIEEES
,576.00
3,378.50 ,396.00 9,345.00 1,440.00 92.380.00
Ttee Removal -/Stump Oxong
'
'
00
75
00 110.00 100.00 100.00 115.00
45
dbh
dbh to 7
11 a
9 Greater than r dbh to 17- dbh 1
.
250.00 250.00
.
94.00 94.00 330.00 330.00 265.00 265.00 300.00 300.00 205.00 20.5'00
10 Greater than 17" dbh to 25' dbh 4
425.00 1,700.00
145.00 580.00 505.00 2,020.00 475.00 1,900.00 450.00 1,800.00 355.00 1,420.00
11 Greater than 2s dbh to 36" dbh 2
600.00 1,100.
224.00 448.00 700.00 1,400.00 675.00 1,350.00 625.00 1,250.00 465.00 930.00
12 Greater than 36" dbh
900.00
324.00 945.00 885.00 850.00 690.00
TOTAL TREE REMOVAL W/iTUMPGRNDINC
$3,150-01
$1,122.00 $3.750.00 53,515.00 $3.350.00 $2.555.00
Hourly Rote
13 Monday-Frid 7:00 a.m.-5:00 p.m. 150.00 84.00 190.00
165.00 150.00
150.00
00
14
Monday-Friday 5:01 .m: 6:59 a.m.
200.00
124.00
230.00
250.00
210.00
180.
15
Weekends
200.00
124.00
230.00
275.00
210.00
180.00
16
Holidays
230.00
1
1 144.00
250.00
325.00
210.00
200.00
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: Gl . Q(.r,.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 1, 2010 CITY ATTORNEY
13,
CITY MANAGER
SUBJECT: Accept bid from Piranha Pipe and Precast in the amount of $64,742.16 for
reinforced concrete storm drain pipe for installation by City staff at the Mesa
Marin Sports Complex. (Ward 3)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: The reinforced concrete storm drain pipe will be used to construct a portion of
a storm drain system at Mesa Marin Sports Complex. This storm drain is necessary to construct
the drop-off area of the parking lot, the remaining portion of the parking lot is currently
planned to be constructed by a developer.
The storm drain is part of the Breckinridge Planned Drainage Area. Based on the anticipated
peak water flow, the hydraulic design of the system requires a 66" pipe size for the portion the
City will be building. The pressures inside the pipe during peak water flow dictate the need for
double rubber gasket joints.
Invitations to Bid were sent to over five hundred (500) suppliers for storm drain pipe. One bid in
the amount of $64,742.16 was received from Piranha Pipe and Precast.
Staff contacted more than one prospective bidder and found they either could not supply the
double gasket pipe as required or they could not supply the 66 diameter material. Staff finds
the bid from Piranha Pipe & Precast to be acceptable and recommends the purchase of the
reinforced concrete storm drain pipe. Park Development Funds will be used to purchase the
pipe, which will be installed by City staff.
Purchasing Division/kb
& PURCHMMIMAdmin 10-1 Mupply of Reinforced Concrete Storm Drain Pipe, 10-11-40, December 15, 2010.docx
A
OFyw 144re
ADMINISTRATIVE REPORT
10
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: G . bb -
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 24, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D'
CITY MANAGER ~W
SUBJECT: Audit Reports to be Referred to Budget and Finance Committee:
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2010.
2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2010.
3. Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the
fiscal year ended June 30, 2010.
4. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2010.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2010.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2010.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
The City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the
Annual Audit Report, for the fiscal year ended June 30, 2010 will be provided to the City
Council at the Council meeting. A copy of the report will also be on file in the City Clerk's
office for review. The CAFR represents the City's financial statements as of June 30, 2010,
which are audited by the accounting firm of Brown Armstrong Accountancy Corporation. The
current compliance report issued by the outside auditors indicates that the City complied, in all
material respects, with accounting principals generally accepted in the United States of
America.
2. Attached is the Agreed Upon Conditions Report designed to increase efficiency, internal
controls and/or financial reporting. The current report identified several control conditions and
recommendations for improvement.
1 of 2
S.AdminAdmin Reports12010 CAFR refer to bud.doc November 24, 2010, 4.25PM
3. Attached is a draft of the City's Single Audit Report for the fiscal year ended June 30, 2010.
The Single Audit Report pertains to federal program monies expended by the City during the
specified fiscal year. An Independent Audit is performed annually to review internal control
procedures and compliance with federal guidelines in accordance with Office of Management
& Budget (OMB) Circular A-133. This annual audit was performed by Brown Armstrong
Accountancy Corporation as part of their contract to provide auditing services to the City of
Bakersfield. The current compliance report issued by the outside auditors indicates that the
City complied, in all material respects, with federal program guidelines. We expect the final
report to be available for the Budget and Finance Committee meeting.
4. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the
Bakersfield Subregional Wastewater management Plan. The City's compliance with contract
requirements is audited on an annual basis. The current Compliance Report, issued by the
outside auditors, indicates that there were no audit findings.
5. Attached is a letter from the City's independent auditors Brown Armstrong Accountancy
Corporation indicating they have completed their annual review of the Appropriations Limit
Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the
California Constitution (GANN Limit). This annual review is performed by the auditors as part
of their contract to provide auditing services to the City of Bakersfield. The agreed upon
review procedures are substantially less in scope than an audit and therefore no audit opinion
is expressed regarding the calculation.
6. Attached is the independent audit report for the Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal
year ended June 30, 2010. This audit report presents the financial statements for this
operational unit as of June 30, 2010. The City is under contract with SMG to manage the
Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse
Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an
independent audit report to the City after the end of each fiscal year. This audit report was
prepared by the accounting firm of Barbich, Longcrier, Hooper & King.
2 of 2
S 1AdmMAdmin Reports12010 CAFR refer to bud.doc November 24, 2010, 4:25PM
O~ ac vo9K ~S
ADMINISTRATIVE REPORT
.
M
gLIFO
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q. (,C.
TO: Honorable Mayor and City Council ROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
-4(
DATE: November 29, 2010 CITY ATTORNEY D~-
CITY MANAGER ~W
SUBJECT: Fiscal Year 2009-2010 Annual Compliance Report for Planned Drainage Area Fees
prepared in accordance with California Government Code §66006 (Wards 1, 3, 4,
5, and 7).
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year
2009-2010 Annual Compliance Report for Planned Drainage Area
Fees (Report will be made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees
for the fiscal year ended June 30, 2010 prepared in accordance with California Government
Code §66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood drainage areas. (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
ps
GAGR0UPDAT\ADMINRPT\2010\ 12-15\PDA annual compliance report admin,doc
F,11A
ADMINISTRATIVE REPORT
LIF
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: C~, d ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 29, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Fiscal Year 2009-2010 Annual Compliance Report for Planned Sewer Area Fees
prepared in accordance with California Government Code §66006 (All Wards).
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-
2010 Annual Compliance Report for Planned Sewer Area Fees (Report will
be made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees
for the fiscal year ended June 30, 2010 prepared in accordance with California Government
Code §66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes
of defraying the actual or estimated costs of constructing planned sanitary sewer facilities for
local sanitary sewer areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in
this Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council
at the January 12, 2011 meeting for review of the Report. Pursuant to Government Code
Section 66006, a local agency shall review the information made available to the public at the
next regularly scheduled public meeting but not less than 15 days after this information is
made available to the public. Therefore, no council action is required at today's meeting
other than to make the information available to the public.
ps
G:\GROUPDAT\ADMINRPT\2010\12-15\PSA annual compliance report admin.doc
A
ycovu„
U ADMINISTRATIVE REPORT
IL•
c IF,
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: , et.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 29, 2010 CITY ATTORNEY o~
CITY MANAGER .W
SUBJECT: Fiscal Year 2009-2010 Annual Compliance Report for Bridge Crossings and Major
Thoroughfare Fees prepared in accordance with California Government Code
§66006 (Wards 3 and 6).
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-2010
Annual Compliance Report for Bridge Crossings and Major Thoroughfare
Fees (Report will be made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Bridge Crossings and Major
Thoroughfare Fees for the fiscal year ended June 30, 2010 prepared in accordance with
California Government Code §66006.
A local ordinance may require the payment of a fee as a condition of approval of a final map or
as a condition of issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or constructing major
thoroughfares (GC §66484).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
ps
G:\GROUPDAT\ADMINRPT\2010\12-15\MBTA annual compliance report admin.doc
BAK
Q~ ~fAIPOM.Il~(CS1
ADMINISTRATIVE REPORT
8gL1 0
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: C~ .9.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover, Recreation and Parks Director
November 30, 2010
Fiscal Year 2009-2010 Annual Compliance Report for Park Impact Fees prepared in
accordance with California Government Code §66006. (All wards)
APPROVED
DEPARTMENT HEAD DL !4
CITY ATTORNEY :AZ
CITY MANAGER
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-2010
Annual Compliance Report for Park Impact Fees (Report will be made available at the
Recreation and Parks Department).
BACKGROUND: Attached is the City of Bakersfield's Annual Compliance Report for Park Impact
Fees for the fiscal year ended June 30, 2010 prepared in compliance with California Government
Code Section 66006.
On November 7, 1990, City Council adopted a park development and improvement fee
program for the purposes of developing and improving parks and recreational facilities serving
the residential development within the City of Bakersfield. Fees are collected based on the
development's share of cost to develop, improve, construct or enhance a public park.
On April 19, 1995, City Council established an orderly process for the dedication, reservation and
acquisition of park land within the City of Bakersfield for the purpose of supplying public parks
and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a
combination thereof, at the option of the Advisory Agency, for park or recreational purposes.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no City Council action is required at today's meeting other
than to make the information available to the public.
jin
SAADMINISTRATION DIVISIOMAdmin Rpts\2010 Admins\AB 1600 - make available.doc
0~ CA AR~r
U ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 29, 2010
Fiscal Year 2009-2010 Annual Compliance Report for Transportation Impact Fees
prepared in accordance with California Government Code §66006 (All wards).
A OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-2010
Annual Compliance Report for Transportation Impact Fees (Report will be
made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees
for the fiscal year ended June 30, 2010 prepared in accordance with California Government
Code §66006.
In April 1992, Council adopted a transportation impact fee program to fund improvements to the
Metropolitan Bakersfield transportation system necessary to accommodate future growth. In
January 1997, Council adopted Phase II of this program, which was designed to fund more
projects and eliminate the need for developers to provide transportation impact studies for most
projects. In September 2003, Council adopted Phase III of this program with the intent of
updating the program and encouraging in-fill development by creating a Core and Non-Core
area within the Metropolitan Bakersfield General Plan limits including individual fee structures for
the respective areas. In July 2009, Council approved Phase IV of this program which adopted a
regional program and projects development through 2035.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
ps
G:\GROUPDAT\ADMINRPT\2010\12-15\TIF annual compliance report admin.doc
A
ADMINISTRATIVE REPORT
1F0
Fkfiffi-N-G DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: , h
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD (:&C~L
DATE: December 2, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Department of Housing & Urban Development (HUD), Community Development
Block Grant (CDBG) Action Plan Amendment No. 3 (FY 10/11) and Amendment No.
13 (FY08/09). (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to transfer $241,249 in program
changes and $158,751 of McDonald/Stockdale Area Sewer Assessment Project to create South
Mill Creek Park and Parking Project ($350,000). Staff is also proposing an appropriation of $50,000
in CDBG Fund Balance for the Home Access Grant Program ($50,000).
In compliance with HUD regulations, any significant change or addition to the approved CDBG
or HOME annual plan must undergo an amendment process which includes obtaining citizen
views and comments on the proposed change for a period of 30 days. A notice was published
on November 14, 2010 requesting comments and to date no comments have been received.
Staff is proposing the following amendments to CDBG:
1) Create South Mill Creek Park and Parking Project in the amount of $350,000 to create a
small park and parking on 12,546 square feet of land, adjacent to the South end of Mill
Creek Linear Park at 1231 R Street and 700 California Avenue.
2) Create Home Access Grant Program in the amount of $50,000 to provide grants up to
$3,500 for handicap accessibility in privately or publicly owned residential structures in
neighborhoods.
3) Reduce McDonald/Stockdale Area Sewer Assessment Project in the amount of $158,751 in
project savings. This project is complete.
S:\Admins\City Council\City Council Admins 2010\action plan amendment 12-15-10.doc
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4) Transfer Unprogrammed Project Savings which are to be utilized and adjusted accordingly
for cost overruns, tied to specific projects/programs or reprogrammed for a new activity(s)
at a later date in the amount of $241,249.
S: \ Admins\ City Council \City Council Admins 2010\action plan amendment 12-15-10.doc
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ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: q, i j,
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 2, 2010 CITY ATTORNEY
CITY MANAGER ~eS
SUBJECT: Transfer $171,115 Community Development Block Grant (CDBG) Contingency
Funds within the CDBG Fund Operating budget for the South Mill Creek Park and
Parking Project,
RECOMMENDATION:
Staff recommends approval,
BACKGROUND:
Economic and Community Development staff is proposing to transfer $171,115 in Community
Development Block Grant Contingency Funds and $178,885 in program savings from
McDonald/Stockdale Area Sewer Assessment Project ($158,751) and various other projects
($20,134) to create the South Mill Creek Park and Parking Project ($350,000),
The South Mill Creek Park and Parking Project will create a small park and parking which will be
located adjacent to the southern end of the 1,5 Mill Creek Linear Park, This small park will provide
additional green space for the new residents of the Creekview Villa Townhomes (36 units for-
sale), City Place (70 units affordable multi-family units), and the future Millcreek Courtyard (57
market-rate multi-family rental units).
December 2, 2010, 3:28PM
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ds
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OS ~cnn,ox„~~~
ADMINISTRATIVE REPORT
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: GI , '
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: December 3, 2010
APPROVED
DEPARTMENT HEAD `
CITY ATTORNEY _
CITY MANAGER F~
SUBJECT: Appropriate $13,520.80 Federal Grant Revenues (FY2010-1 1 Next Generation - Click
It or Ticket Mini-Grant Award from the State Office of Traffic Safety) to the General
Fund Police Operating Budget, to fund overtime for seatbelt enforcement
mobilizations in the Traffic Division.
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND:
On November 10, 2010 the Bakersfield Police Department was awarded $13,520.80 from the
State Office of Traffic Safety (O.T.S.) for the FY2010-1 1 Next Generation - Click It or Ticket Mini-
Grant Program.
The purpose of the "Next Generation Click-It or Ticket" program is to promote sustained seatbelt
enforcement. This will be accomplished through a highly publicized seat belt enforcement
mobilization in November of 2010 and May of 2011, in which the Bakersfield Police Department
will be aggressively enforcing the State's occupant protection laws. In addition, the Click It or
Ticket campaign will promote sustained seat belt enforcement conducting intensified monthly
enforcement efforts.
The campaign relies on heavy enforcement and public education as a means to help California
achieve the highest seat belt use rate in the nation. The goal of this campaign is to increase
seatbelt use, statewide to 96 percent.
DB
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t ~JO~,Y
ADMINISTRATIVE REPORT
~C~'+4xrn~'
MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar
ITEM: (I .kV_.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: December 3, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY a k~
CITY MANAGER
SUBJECT: Appropriate $57,462.00 Fed eral Grant Revenues ( FY2010-11 So briety Checkpoint
Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division.
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND:
On November 22, 2010 the Bakersfield Police Department was awarded $57,462.00 from the
State Office of Traffic Safety (O.T.S.) for the FY2010-1 1 Sobriety Checkpoint Mini-Grant Award.
The goal of the Sobriety Checkpoint Mini-Grant Program for FY2010-11 is to reduce the number
of victims killed and injured in alcohol-impaired crashes in participating cities. The Bakersfield
Police Department will conduct a total of six (6) sobriety checkpoints between the two
mobilization periods (Winter Holiday Mobilization - 12/17/10 through 01/02/1 1, and the Labor Day
Mobilization - 08/19/11 through 09/05/11).
DB
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ADMINISTRATIVE REPORT
LIF
MEETING DATE: December 15, 2010 AGENDA SECTION: Hearings
ITEM: 11, (k.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 30, 2010 CITY ATTORNEY Q~
CITY MANAGER
SUBJECT: Public Hearing to consider a Resolution ordering the vacation of Hopper Court
between Union Avenue Loop West to the north right-of-way of the Southern
Pacific Railroad tracks, adjacent to 2501 Union Avenue Loop West. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate Hopper Court
between Union Avenue Loop West to the north right-of-way of the Southern Pacific Railroad
tracks, adjacent to 2501 Union Avenue Loop West.
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 City sewer and storm drain facilities in
this area, along with street light electrical conduits. The City will reserve a Public Utility
Easement (PUE) over the vacated 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 October 5, 2010, the Planning Department found the proposed vacation of Hopper Court,
between Union Avenue Loop West to the north right-of-way of the Southern Pacific Railroad
tracks, adjacent to 2501 Union Avenue Loop West 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. 1678 declaring intention to order said proposed vacation was
adopted by City Council at the regular meeting of November 3, 2010.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
G:\GROUPDAT\ADMINRPT\2010\12-15\Hopper Street Vacation.doc
ADMINISTRATIVE REPORT
IF
MEETING DATE: December 15, 2010 AGENDA SECTION: Report
ITEM: , 0.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 2, 2010
APPROVED
DEPARTMENT HEAD YZ LA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Status of Thomas Roads Improvement Program (Various Wards)
Staff will provide a brief update on TRIP.
kpb
G:\GROUPDAT\ADMINRPT\2010\12-15\TRIP Update.docx
MEETING DATE: December 15, 2010 AGENDA SECTION: New Business
ITEM: , a,.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: December 2, 2010
SUBJECT: Election of Vice-Mayor.
APPROVED
DEPARTMENT HEAD k1
CITY ATTORNEY
CITY MANAGER /w
RECOMMENDATION:
To be determined by Council.
BACKGROUND:
Following a Council election, and in accordance with City Charter, Council shall elect one of its
members Vice-Mayor.
At the next regularly scheduled City Council meeting on January 12, 2011, and in accordance
with Section 2.02.020 of the Municipal Code, the newly elected Vice-Mayor makes appointments
to all committees. The following is a list of current standing, ad hoc committees and other
Special Board appointees, to be filled on that date:
Standing Committees:
Budget and Finance
Community Services
Legislative and Litigation
Personnel
Other Vice-Mayor Appointments:
Planning and Development
Safe Neighborhoods and Community Relations
Water Resources
Kern Council of Governments San Joaquin Valley Air Pollution Control District
Kern Economic Development Solid Waste Management Advisory
Kern County Museum Authority Planning Commission Liaison
pl
December 3, 2010, 9:23AM
Selections\admin rpt\2006\vice-mayorelection
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 17, 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 the request of the City
Attorney, Closed Session Item 15.a. is being pulled from
tonight's agenda. In addition, staff has requested Consent
Calendar Item 8.v. be removed from the agenda.
2. INVOCATION by Rabbi Cheryl Rosenstein, Temple Beth
El.
3. PLEDGE OF ALLEGIANCE by Jocelyn and Jacqueline
Sala, Pre-K and 2nd grade students at St. Francis
School.
Mayor Hall acknowledged the political science class from
Bakersfield College in attendance at the meeting to learn
about City government.
4. WORKSHOPS
ACTION TAKEN
None.
Bakersfield, California, November 17, 2010 - Page 2
5. PRESENTATIONS
a. Presentation by Caryn Claiborne, Human
Resources Analyst II, to department winners of
the 2010 Excellence in Action Awards and the
Extra Mile Award in recognition of outstanding
service to the City.
Jena Covey, City Manager's Office; Pete
Jackson, Development Services; Wendy
Zielsdorf, Economic and Community
Development; Cyndee Hluza, Finance; Bonnie
Bradshaw and Kevin Mullins, Fire; Angelica
Mendoza and Jeff Saso, Police; Jaime Flores
and John Williams, Public Works; Abel Aguilar
and Lisa Moton, Recreation and Parks; and
Carlos Tijerina, Water Resources.
The recipient of the Extra Mile Award for 2010
was Wiladene Sawyer, Webmaster, Information
Technology Division of the City Manager's
Office.
b. Presentation by Mayor Hall of Proclamation to
Matthew Constantine, Kern County Public
Health Director, declaring November 17, 2010,
Smokeout Day.
Mr. Constantine received the Proclamation,
made comments, and submitted written
material.
C. Presentation by Mayor Hall of keys to the City to
Councilmembers Irma Carson and Zack
Scrivner.
Councilmember Carson received the key to
the City and made comments.
Vice-Mayor Scrivner received the key to the
City and made comments.
6. PUBLIC STATEMENTS
a. John Decker spoke regarding unregistered
vehicles parked on the street and painting the
curb red at the pedestrian island by Mexicali so
vehicles won't park there.
ACTION TAKEN
Councilmember Benham asked staff to follow
up on Mr. Decker's Issues to determine if some
of his suggestions might be implemented.
Bakersfield, California, November 17, 2010 - Page 3
6.
7.
8.
PUBLIC STATEMENTS continued ACTION TAKEN
b. Jeff Wer introduced himself and his new
restaurant, at 3825 Ming Avenue, Suite B, and
expressed his interest in serving the community.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 3, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR, COUCH
October 22, 2010 to November 4, 2010 in the
amount of $10,280,796.06 and self-insurance
payments from October 22, 2010 to
November 4, 2010 in the amount of $190,659.44.
Ordinances:
C. First Reading of Ordinance approving a zone FR
change from P.C.D. (Planned Commercial
Development) to C-2/P.C.D. (Regional
Commercial/Planned Commercial
Development) on approximately 5.14 acres
located at 5001 Ming Avenue. (ZC No. 10-0395)
(G.C. Corporation)
d. Adoption of the following Ordinances (FR
11/03/10):
1.
Amending Section 2.84.570 relating
ORD 4629
employee sick leave payment.
ORD 4630
2.
Amending Section 8.32.060 relating to
solid waste billing.
ORD 4631
3.
Amending Section 12.16.150 relating to
construction work in streets.
4.
Amending Section 14.04.240 relating to
ORD 4632
water service connections.
5.
Amending Sections 16.16.050 and
ORD 4633
16.16.060 relating to tentative maps.
6.
Amending Section 16.32.060 relating to
ORD 4634
tract map improvements.
ORD 4635
7.
Amending Section 17.71.020 relating to
outdoor lighting.
Bakersfield, California, November 17, 2010 - Page 4
8.
CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance amending Chapter ORD 4636
15.65 of the Municipal Code relating to the Fire
Code. (FR 11103110)
Adoption of Ordinance amending Sections ORD 4637
15.04, 15.05, 15.07, 15.09, 15.1 1, 15.13, 15.15 and
adding Sections 15.17 and 15.19 of the Building
and Construction Codes, specifically the
California Building Code, Mechanical Code,
Plumbing Code, Electrical Code, Existing
Building Code, Historical Building Code and
California Green Building Code. (FR 11103110)
Resolutions:
g. Resolution amending the official list of RES 132-10
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
h. Resolution confirming approval by the City RES 133-10
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 authorize
collection of the assessments by the Kern
County Tax Collector.
Resolution approving application proposing RES 134-10
proceedings for annexation of uninhabited
territory to the City identified as Annexation
No. 623 consisting of 1,597.73 acres generally
located on the west side of Santa Fe Way
between Seventh Standard Road and
Kratzmeyer Road, east of Greeley Road (future
alignment).
RES 135-10
Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation
No. 625 consisting of 793.26 acres located west
of Renfro Road between Kratzmeyer Road and
Reina Road, east of Nord Avenue.
Bakersfield, California, November 17, 2010 - Page 5
8.
CONSENT CALENDAR continued ACTION TAKEN
k. Amendment No. 1 to Resolution No. 088-10 RES 088-10(1)
approving the destruction of certain obsolete
City records, documents, instruments, books
and papers, pursuant to Government Code
Section 34090, et. seq. (Public Works
Department)
Resolution of Intention No. 1680 to add territory, ROI 1680
Area 5-60 (2213 & 2217 Coy Avenue) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public works Director's Report.
Agreements:
M. Final Tract Map and Improvement Agreement AGR 10-161
with Symbolic Investment & Operating Co., LLC
for Tract 6364 Phase 1 located east of Renfro
Road and south of Kratzmeyer Road.
n. Memorandum of Understanding with Kern
Council of Governments for conceptual AGR 10-162
planning and visualization activities for areas
surrounding the proposed location(s) of the
Bakersfield High Speed Rail terminal.
o. Amendment No. 2 to Agreement No. 05-429 AGR 05-429(2)
with Bright House Networks ($500,000)
extending the license and naming rights for the
Amphitheatre at The Park at River Walk.
P. Amendment No. 1 to Agreement No. 09-016 AGR 10-163
with Littler Mendelson ($25,000; revised not to
exceed $65,000) to provide outside legal
services in the matter of Bakersfield Police
Officers' Association v. City.
q. Amendment No. 2 to Agreement No. 08-208
with Precision Fertilizer Spreading (no AGR 08-208(2)
increase and extend term one year) for hauling
and spreading biosolids.
Bids:
r. Reject all bids for Install Traffic Signal
Interconnect - Part 8 Project.
S. Reject all bids for piping materials and butterfly
valves for the Stine Road Finished Water
Pipeline Project.
Bakersfield, California, November 17, 2010 - Page 6
8. CONSENT CALENDAR continued
Accept bid and approve contract with West
Coast Structures, Inc. ($282,712.97) for bridge
rehabilitation projects: Manor Street at Carrier
Canal and Union Avenue Overhead at UPRR.
U. City in the Hills Park Project:
Accept Base Bid only and approve
contract with Elite Landscaping, Inc.
($1,598,000) for the project.
2. Appropriate $597,200 Park Development
Fees to the Recreation and Parks
Department Capital Improvement
budget within the Park Improvement
Fund (Zone 3).
V. Accept bid and approve contract with
Hercules, Inc. (Ashland) ($540,276.83) to
supply dewatering polymers for Wastewater
Treatment Plant No. 3.
W. Accept bids and approve annual contracts
with Falcon Fuels, Inc. ($1,824,000) and Valley
Pacific Petroleum Services, Inc. ($1,976,000) for
fuel.
Miscellaneous:
X. Appropriate $15,000 Other State Shared
Revenues from the Kern County Remote Access
Network (RAN) to the General Fund Police
Operating Budget, to fund overtime for Crime
Scene Unit employees to process latent
fingerprints into the AFIS database and clear
the backlog of latent print comparisons.
Y. California Emergency Management Agency
(Cal EMA) Grant:
1. Accept Federal grant ($811,936) for
mobile command unit, training and
consultant.
2. Appropriate $811,936 Federal Grant
Revenue to the Fire Department Urban
Area Security Initiative (UASI) Fund
Capital Improvement and Operating
Budgets.
ACTION TAKEN
AGR 10-164
AGR 10-165
REMOVED
AGR 10-166
AGR 10-167
Bakersfield, California, November 17, 2010 - Page 7
8.
10.
CONSENT CALENDAR continued ACTION TAKEN
City Clerk Gafford announced that a bid protest was
received regarding item 8.v.; therefore, staff is
requesting item 8.v. be removed from the agenda.
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.y., with the removal of
item 8.v.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
a. Public Hearing to consider Resolution adopting RES 083-07(1)
the Amended Panama and Union Planned
Sewer Area fee schedule and boundary.
City Clerk Gafford announced correspondence has
been received from Humberto Figueroa in opposition
to this item.
Public Works Director Rojas made staff comments and
recommended adoption of the Resolution.
Hearing opened at 5:53 p.m.
No one spoke.
Hearing closed at 5:53 p.m.
Motion by Councilmember Carson to adopt the APPROVED
Resolution.
11. REPORTS
None.
Bakersfield, California, November 17, 2010 - Page 8
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Weir asked staff to research the
the issue of the Impact of price Increases and
decreases on houses, and how many people are
excluded from the market and how many people
would enter the market, and the feasibility of
adopting a pilot program (which would run for a
certain period of time and phase out once certain
conditions are met, and would stimulate the market,
perhaps create jobs and produce revenue) where the
City can offer fee credits for houses built on
established and ready-to- build lots.
Councilmember Benham announced she received a
thank-you note from Luigi's for the Proclamation.
Councilmember Benham expressed her appreciation
to Vice-Mayor Scrivner and Councilmember Carson
for their service to the City on the Council.
Councilmember Sullivan thanked Councilmember
Carson and Vice-Mayor Scrivner, and wished them
well in their future endeavors.
Councilmember Carson thanked Councilmembers
Benham and Sullivan for their kind words, and
expressed her appreciation to her colleagues on the
Council and staff.
Mayor Hall announced he had the honor of
participating today in a groundbreaking for a 70-unit
affordable housing project and a grand opening of
an affordable living center.
Mayor Hall advised he appreciated the proactive
opportunities that Councilmembers Benham and
Sullivan have done in their wards with various projects
(the Oak Street undercrossing cleanup in Ward 2 and
the adoption of a neighborhood for cleanup and
graffiti removal in Ward 6).
ACTION TAKEN
Bakersfield, California, November 17, 2010 - Page 9
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced he participated in a ribbon
cutting for Abate-A-Weed, a long-term business in
Bakersfield, which celebrated its 45th Anniversary, and
whose owner expressed his appreciation to
Councilmember Couch and staff for their efforts in
alleviating his left-turn pocket area when they made a
change in their building several years ago.
Mayor Hall wished everyone a Happy Thanksgiving.
15. CLOSED SESSION
a. Public employee performance evaluation -
City Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
16. CLOSED SESSION ACTION
None.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:09p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
REMOVED
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 3, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting 2:00 p.m.
SPECIAL MEETING - 2:00 P.M.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Hanson, Sullivan
Absent: Councilmember Couch
2. PUBLIC STATEMENTS
None.
3. NEW BUSINESS
a. Accept low bid and approve contract with
Security Paving Company, Inc. ($22,167,156.45)
to construct the Westside Parkway Phase 4
(Truxtun Avenue Tie-in) Project. (TRIP)
City Manager Tandy made staff comments regarding
the Truxtun Tie-in and the STIP allocation.
Public Works Director Rojas explained the project and
the bids received; and recommended approval of the
low bid.
In response to a question from Councilmember
Benham, City Manager Tandy explained the reason
for the urgency of acting on this item today.
ACTION TAKEN
AGR 10-168
Motion by Councilmember Benham to accept the low APPROVED
bid and award the contract. AB COUCH
Bakersfield, California, December 3, 2010 - Page 2
4. ADJOURNMENT
Mayor Hall adjourned the meeting at 2:23 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
ACTION TAKEN
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield