HomeMy WebLinkAbout09/14/11_CC_AGENDA_PACKET16A BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF SEPTEMBER 14, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor Roger Norwood, Bakersfield First Assembly of God Church.
3. PLEDGE OF ALLEGIANCE by Carlos Garcia, 4th grade student at Del Rio Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Links for Life Board of Directors,
President Stephanie Lynch, declaring October, 2011, Paint the Town Pink Month.
b. Presentation by Mayor Hall of a Proclamation to KC the Bull and Kern County Fair
CEO Bill Blair, declaring September 21 - October 2, 2011, as Kern County Fair Days.
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Update on the Review of the Draft Environmental Impact Report for the High Speed
Rail Project.
Staff recommends acceptance of report.
7. APPOINTMENTS
a. Application for Appointment of the Large City Member from Kern County to the
San Joaquin Valley Air Pollution Control District Governing Board.
Staff recommends Councll determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 17, 2011 Regular City Council Meeting.
Payments:
b. Receive and file department payments from August 4, 2011 to September 1, 2011 in
the amount of $34,375,769.22 and self-insurance payments from August 4, 2011 to
September 1, 2011 in the amount of $1,156,668.86, totaling $35,532,438.08.
Ordinances:
(ward 7) c. First Reading of Ordinance amending Municipal Code Section §1.12.070 by adding
Annexation No. 604 consisting of 26.40 acres located along the north and south side
of Taft Highway, east of S. H Street to Ward 7.
d. Adoption of Ordinance determining to permit the continued existence and
operation of the Bakersfield Redevelopment Agency. (FR 8117111)
8. CONSENT CALENDAR continued
Resolutions:
(Ward 1,2) e. Resolution authorizing the Police Department to apply for the Edward
Byrne Memorial Justice Assistance Grant ($185,624) from the U.S. Department of
Justice to expand the downtown surveillance system, by adding cameras to cover
the Police Headquarters building and areas on Union Avenue identified by high
crime rates.
f. Cry Wolf Alarm Permit and False Alarm Management Services:
1. Resolution determining that Cry Wolf False Alarm Management Software,
Billing and Collection services cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to dispense
with bidding therefor and establish Cry Wolf False Alarm Management
Software, Billing and Collection services with Public Safety Corporation.
2. Agreement with Public Safety Corporation to integrate the Cry Wolf Alarm
Management system with the Police Records Management System to
facilitate the administration of false alarm charges and collections.
g. Resolution in support of the ACR 42 regarding "Eat Local, Buy California Grown Day".
(ward 7) h. Resolution to add territory, Area 3-82 (2739 Panama Lane) to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector.
(ward 2) i. Resolution to add territory, Area 4-102 (2408 & 2420 Eye Street) to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector.
(ward 7) J. Resolution of Intention No. 1697 to add territory, Area 5-63 (6801 Colony Street) to the
Consolidated Maintenance District and preliminarily approving, confirming and
adopting the Public Works Director's Report.
(Ward 4) k. Resolution of Intention No. 1698 to add territory, Area 1-88 (2700 Calloway Drive) to
the Consolidated Maintenance District and preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
(Ward 1) I. Agreement with Covanta Delano, Inc. (anticipated annual revenue to the City is
estimated at $750,000) for the sale of wood chips from the Mt. Vernon Recycling
Facility.
(ward 2) M. Agreement with SMG (not to exceed $60,000) for reimbursement of costs associated
with renting Rabobank Area for the Christian Congregation of Jehovah's Witnesses
2012 conventions.
n. Amendment No. 4 to Agreement No. 08-179 with Sungard Public Sector, Inc.
($168,853.33) for service support of licensed software.
City Council Meeting of 09/14/2011
8. CONSENT CALENDAR continued
o. Amendment No. 2 to Agreement No. 10-151 with Jim Alfter Cement Contractor
($150,000; revised not to exceed $463,352.50 and extend term one year) for canal
liner repair.
(Ward 2,4,5) p. Amendment No. 2 to Agreement No. 09-058 with Nolte Associates, Inc. ($446,159.98;
revised not to exceed $6,532,920.93) for Construction Management Services for the
Westside Parkway Project Phase 2.
Bids:
(Ward 2) q, Reject all bids for Street Improvements, Padre Hotel Block Project and Street
Improvements, 19th and H Street Staging Area Project.
(Ward 2) r. Reject all bids for the Development Services HVAC Replacement Project.
S. Reject all bids for four-axle refuse trucks with roll-off bins.
(ward 1) t. Accept bid and approve contract with Rock Bottom, Inc, ($140,725.01) for
Landscape Improvements, Municipal Airport Project.
U. Accept bid from Central California Power ($299,910) for the engine replacement on
six Elliot trailer-mounted generators used by the Streets and Wastewater Divisions.
V. Accept bid from Quinn Co. ($76,697.40) for one replacement pneumatic rubber
tired roller for the Streets Division.
W. Accept bid from Cyber Computers, Inc, ($131,592.66) for 33 replacement Panasonic
Toughbook laptops for Information Technology Division.
X. Accept bid from Cyber Computers, Inc. ($92,704.68) for 84 replacement Lenovo
office laptops for the Information Technology Division.
Y. Accept bid from Dell Marketing L.P. ($49,026.75) for one additional Dell Equal Logic
Storage Area Network for the Information Technology Division.
Z. Accept bid from Impex Technologies, Inc. ($63,014.74) for three replacement Dell
8810 servers for the Information Technology Division.
aa. Accept bid and approve contract with Vulcan Materials Co. (not to exceed
$6,000,000) for the supply of street materials.
Miscellaneous:
bb, Budget and Finance Committee Report regarding Department of Housing & Urban
Development (HUD), Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) Amendment No. 1 (FY11-12).
1. Reduce CDBG, HOME and ESG Operating and Capital Budgets by $799,422 in
accordance with HUD FY 2011-12 Action Plan Amendment No. 1.
3 City Council Meeting of 09/14/2011
8. CONSENT CALENDAR continued
cc. Appropriate $50,000 State Grant Revenues (FY 2011-12 Grant Assistance Program
from the State Office of Alcoholic Beverage Control) to the General Fund Police
Operating Budget, to fund overtime for the BPD Vice division to conduct minor
decoy, shoulder tap operations, and provide ABC training.
dd. City position on 2011 League of California Cities resolutions.
ee. City Event Promotion during Council Meetings.
Staff recommends adoption of Consent Calendar items 8.a. through 8.ee.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter)
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for the following:
Youngblood, Harold v, City, KCSC Case No. S- 1 500-CV-271785-DRL,
2. Halley, Darren v. City; KCSC Case No. S-1500-CV-264464-DRL.
3. Torres, James Arthur v. Bakersfield Police Department; KCSC Case No. S-1500-
CV-269344-WDP.
4. Anderson, Leon, Sr., et al v. City, et al; KCSC Case No. S-1500-CV-267009-DRL.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. REPORTS
(Ward 1,4,6,0 a. Report regarding proposed budget amendments to add specific median island
improvements to the FY 2011/12 budget.
1. Appropriate $936,000 Developer Share Project Cost to the Public Works
Department Capital Improvement budget within the Capital Outlay Fund to
fund median island landscape improvements.
Staff recommends acceptance of report and approval of appropriation.
b. Thomas Roads Improvement Program (TRIP):
Program Update.
2. Agreement with Parsons Transportation Group Corp. ($27,665,816) for program
delivery/engineering and environmental support services for TRIP; and,
preliminary engineering and coordinating/managing completion of the
environmental document for the Centennial Corridor Loop (SR-58 Connector)
Project.
Staff recommends acceptance of report and approval of agreement.
4 City Council Meeting of 09/14/2011
13. HEARINGS
14. DEFERRED BUSINESS
(Ward 1,2) a. Traffic Signal, Lighting System and Median Modification on California Avenue and
Chester Avenue Project;
1. Accept bid and approve contract with PTM General Engineering Services,
Inc, ($237,037) for project.
2. Appropriate $30,000 Gas Tax fund balance to the Public Works Deparment
Capital Improvement Budget.
Staff recommends acceptance of low bid and approval of contract and appropriation.
b. Proposal to Create a Housing Incentive Task Force.
Staff recommend Council determination.
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
q1
Alan Tandy
City Manager
9/8/1) 2:36pm
5 City Council Meeting of 09/14/2011
AGENDA HIGHLIGHTS
September 14, 2011 COUNCIL MEETING
Staff will present an update on the review of the Draft Environmental Impact Report for the High
Speed Rail project. The document is challenging to review, as it is very lengthy, complex and
poorly constructed. It fails to adequately address mitigation for a multitude of impacts related to
City projects and facilities, TRIP, redevelopment projects, traffic circulation, and many other highly
significant impacts that may cause extreme hardship and financial damage to the City and the
community. The typical length of an Administrative Report for a Workshop presentation is very
brief. In this case, staff is providing a lengthy and detailed written report for the Council's
information that describes the numerous concerns staff has identified thus far - and we are only in
the initial stages of reviewing the document.
Item dd. Adoption of an Ordinance to permit the continued existence and operation of the
Bakersfield Redevelopment Agency. The first reading for this item was on August 17, 2011. On
August 11 and 17, 2011, the State Court issued a Partial Stay to the portion of the State budget bills,
AB 26 and AB 27, that would require suspension of all activates of the Agency, unless the City
adopts an "opt-in" ordinance to participate in the "Alternative Voluntary Redevelopment
Program and make required payments to the State. As the final outcome of the litigation
challenging the State legislation remains uncertain, the California Redevelopment Association and
the Redevelopment Agency legal counsel have advised that the most appropriate action at this
time is to move forward with adoption of the ordinance. The ordinance includes a provision that
makes it conditional and operative only if the State law is ultimately upheld or if the Partial Stay is
lifted. Staff surveyed 16 cities and found that 15 of them have either adopted their opt-in
ordinance or are moving forward with the second reading. Staff recommends adoption of this
ordinance as a protective measure to allow for the Agency to meet its obligations and continue its
programs with the least amount of disruption, should AB 26 and AB 27 be upheld.
Item BE Resolution and Agreement with Public Safety Corporation forte Crv Wolf Alarm Permit
and False Alarm Management Services. On August 17, 2011, the City Council approved
ordinance changes to more clearly address the duties of false alarm users and
Installation/monitoring companies, false alarm allowances and the fee system. As the next step,
staff recommends that the City's alarm management system be outsourced, which will be the
best method for thorough oversight and application of the new regulations. After comprehensive
research on this issue, staff further recommends entering into an agreement with Public Safety
Corporation (PSC), which provides the "Cry Wolf" false alarm administration system. The Cry Wolf
system is the only known specialty software available that is compatible with the Bakersfield Police
Department's computer aided dispatch system, Versaterm. PSC's fee is to be 23% of the total
revenue they collect from the alarm related fees, and there will be no start-up costs to the City to
implement the service. This action requests approval of a resolution to dispense with bidding and
to enter into an agreement with PSC for false alarm tracking and billing services for a two year
period, to be renewed annually at the City's option.
Item 8p. Amendment to Agreement with Nolte Associates for Construction Management Services
on the Westside Parkway Project - Phase 2. The west end of Phase 2 of the Westside Parkway
project (also referred to as Phase 6a, as it Includes preparatory work for the future Alien Road
Interchange, which will be Phase 6b) has been revised to save costs, eliminate the need to install
and then remove some of the improvements originally planned, and minimize traffic disruption
when the freeway is extended to the west. To date, Nolte Associates has been doing the
construction services for this segment by utilizing savings in their current contract. This amendment
is to add $446,159.98 to the current agreement, not to exceed $6,532,920.93, for the additional
construction management needed for the modified project.
M
Item 8aa. Annual Contract to Supply Street Materials. Invitations to bid on this contract were sent
to over 400 suppliers. Three bids were received, all acceptable. The bidders were required to
provide pricing for various types and quantities of asphalt to be used for street maintenance, and
the total cost was based on the unit price bid, plus the City's hauling cost added to bids from
vendors for items picked up at the vendor's plant. Staff recommends award to the low bidder, a
local firm, Vulcan Materials Company, for $6,000,000. Funding in that amount has been budgeted
in the Gas Fax Fund and Capital Outlay Fund. (Although the bid calculations exceed the
budgeted amount, the bidders are aware that they bid on per unit prices, and not an overall
dollar award.) The contract will be for one year, renewable for four one-year periods.
Item 8bb. Amendment No. 1 to the FY 2011 /12 HUD Action Plan. Due to Federal budget cuts, the
City's funding for CDBG, HOME, and ESG programs will be less than anticipated for FY 2011/12.
Administration, programs, and projects will be reduced by 14.6%, totaling $799,422. The Budget
and Finance Committee reviewed and approved the proposed amendment to the Action Plan;
this action requests the approval of the full Council.
There will be a conference with legal counsel regarding one matter of potential litigation and four
matters of existing litigation.
Item 12a. Proposed Medan Island Improvements. Staff is proposing to construct some median
island improvements at various locations throughout the city where hadscape improvements are
already in place, but the landscaping has never been completed. These are areas that have
specific and unique circumstances, such as when a canal is located on one side of the street, or in
older developments. Staff has identified eight locations where the installation of median
landscape improvements is needed and is requesting an appropriation of $936,000 from the
Developer Share Project Cost to the Public Works Capital Improvement budget to fund those
improvements. The future maintenance costs will be paid from the Consolidated Maintenance
District.
Agenda Highlights - September 14, 2011 Council Meeting
Page 2
Item 12b. Thomas Roads Improvement Program (TRIP) - Update and Agreement with Parsons
Transportation Groff, Corl2ortion. Staff will provide a progress report on the various TRIP projects
in conjunction with a request to approve a new agreement for Parsons to continue to perform
comprehensive program management services. Parsons was originally selected to perform the
TRIP management services in 2006 for a five year term, with a termination date of June 30, 2011.
The original agreement was subsequently amended to terminate on December 31, 2011. An RFQ
as issued in July, 2011 for Program Delivery/Engineering and Environmental Support Services for
TRIP, as well as for Preliminary Engineering and Coordinating/Managing Completion of the
Environmental Document for the Centennial Corridor Loop (SR-58) Project. Two submittals were
received, but one did not contain all the required RFQ items and information, so only the Parsons
RFQ was found to be acceptable. In accordance with Federal procurement procedures, the cost
for Parsons services was negotiated by City staff after Parsons was selected. The proposed
agreement, in the amount of $27,665,816.00, is for a five year period, through June 30, 2016, and
can be terminated by the City at anytime. Funding will be from the Federal transpiration funds
that were specifically allocated for the TRIP program, with an estimated 12% to be paid from local
matching funds. TRIP is an extremely complicated program to administer; it would be most
beneficial to have Parsons continue the program management services, as they are familiar and
experienced with the TRIP projects and have established relationships in place with the various
agencies involved in the program.
Approved:
cc: Department Heads
Alan Tandy, City Manager City Manager's File
ft f City Clerk's File
News Media File
Agenda Highlights - September 14, 2011 Council Meeting
Page 3
A
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Presentations
ITEM: 14,o-,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 1, 2011
Presentation by Mayor Hall of Proclamation to Links for Life Board of Directors President,
Stephanie Lynch, declaring October, 2011 Paint the Town Pink Month in Bakersfield.
APPROVED
DEPARTMENT HEA I~
CITY ATTORNEY
CITY MANAGER ts
RECOMMENDATION:
BACKGROUND:
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A
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Presentations
ITEM: , b,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: September 1, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair
CEO Bill Blair, declaring September 21 It through October 2nd as Kern County Fair
Days in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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O~y R4
U
ADMINISTRATIVE REPORT
C9'wwEr,,.I
1
MEETING DATE: September 14, 2011 AGENDA SECTION: Workshop
ITEM NO: 6. 0.
TO: Honorable Mayor and City Council APPROVED
DEPARTMENT HEAD
FROM: Jim Eggert, Planning Director CITY ATTORNEY
DATE: September 8, 2011 CITY MANAGER
SUBJECT: Update on the review of the Draft Environmental Impact Report for the High Speed
Rail Project
RECOMMENDATION:
Staff recommends acceptance of the report.
BACKGROUND:
On August 9, 2011 the California High Speed Rail Authority (Authority) released the Draft
Environmental Impact Statement/Report (DEIS/EIR) for the Fresno-Bakersfield High Speed Rail
segment. Public comments were initially due September 28, 2011, but were extended by the
Authority 15 days to October 13, 2011, due to technical issues concerning availability of
information.
The DEIS/EIR includes over 3,300 pages spread over three volumes and is challenging to review,
even for professionals who have experience with these types of documents. Due to the length
and complexity of the document a team of staff members from Planning, Public Works, TRIP,
EDCD, and Property Management have been tasked to review various components of the
document.
Upon initial review, staff has found the DEIS/EIR to be poorly constructed and it fails to adequately
address mitigation measures for a whole host of impacts in the Metro Bakersfield area. This is
disturbing given the significant time and effort that has been expended by City staff over the past
couple years articulating impacts, conflicts and potential mitigation options to Authority staff.
In addition to reviewing the DEIS/EIR, we have recently requested an additional 30-day extension
to the comment period in order to provide our staff, and the public as a whole, more time to
adequately review this complex document and provide appropriate responses. We believe that
the County of Kern, Kern COG, representatives from Bakersfield High School, and others may join
us in asking for more time as well. However, we will continue to prepare comments for submittal
by the current October deadline in case the extension is not granted.
September 8, 2011, 3:36PM
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ADMINISTRATIVE REPORT page 2
Adoption of the final environmental document, after circulation of the draft and public comment,
is a significant action in and of itself. This will allow for the selection of one of the alternate
alignments, which would then permit right of way acquisition and construction to move forward at
some point in the future, currently unknown at this time. This action will cast a cloud over the
various properties on the selected alignments, in terms of their value. For this reason, mitigation
must be incorporated into the final EIR, or protection of assets is at risk.
This workshop is intended to cover the major points thus far accumulated by staff; some comments
are more detailed than others. However, we will be continuing to add comments as the team
reads through the document. As is presented below, the DEIS/EIR places at risk millions of dollars in
City assets, with little or no mitigation being offered at this time.
General Overview Comments:
• The Authority is analyzing two rail alternatives through the metropolitan area. Before the EIR
was published, these were identified as the "Blue" line and "Red" line. If you recall, the Blue
line generally followed the BSNF rail from the north, then through downtown following the
southern side of the BSNF yard impacting Bakersfield High, then continuing east along the
BNSF track. The Blue Station was proposed directly across from the Amtrak Station. The Red
line split off south of Rosedale Hwy paralleling the Blue line to the north, then through
downtown along the north side of the BSNF yard impacting Mercy Hospital, then crossed
the Blue line near the convention center impacting the new Mill Creek apartments. It
continued east along the north side of California Avenue, rejoining the Blue line near Oswell
Street. The Red Station would be closer to California Avenue.
The EIR now identifies the Blue line as the "BSNF Alternate" and the Red line as the
"Bakersfield South Alternate". However, if you happen to be looking at the volumes
containing the rail profile maps, these routes are shown as B1 and B2 (BSNF/Blue and
Bakersfield South/Red, respectively). Also note that on the maps showing impacted parcels,
neither route is identified.
• The lead agency for the project is the California High Speed Rail Authority, which was
established in 1996 as a State entity (as defined on their web site). As such, we question
why the draft document is not following more detailed and higher standards of the
California Environmental Quality Act (CEQA) and related CEQA Guidelines.
• The main EIR (Volume 1) is over 1,500 pages. Overall, there are over 3,300 pages covering
three volumes. For the entire metropolitan Bakersfield area (population approximately
500,000 people), only one hard copy of all of the volumes and sections was provided for
public review. This is insufficient and does not provide the public with adequate means to
review the document. This is a lengthy and complicated report that is extremely difficult to
review on a computer screen.
• Both NEPA and CEQA state that an EIS and/or EIR shall be written in plain language and use
appropriate maps and graphics so decision-makers and the public can rapidly understand
the documents. Additionally, the draft document should normally be less than 105 pages,
and for proposals of unusual scope or complexity, may be up to 300 pages. This draft
document is five times the recommended maximum. Its size and inclusion of technical
discussions, and the inclusion of technical engineering drawings are undecipherable to the
majority of the general public.
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ADMINISTRATIVE REPORT
page 3
The City received public notice based on their ownership of impacted properties, which
was identified by an Assessor's parcel number at the upper right-hand corner of the notice
(note: some of these numbers were incomplete for proper identification). We presume that
other individuals with impacted properties may have also received this notice and that
these notices were sent only to those property owners impacted as identified in "Volume II -
Parcels Within the HSR Footprint". However, there is no indication to the property owner why
they are receiving the notice. The notice only states that the property owner, resident, or
business owner is "in the project area" but this area is not defined. The map included in the
notice provides no guidance since it shows the entire rail route between Fresno and
Bakersfield at a scale that does not help the property owner determine if their property is
truly impacted. There is nothing in the notice that states these properties are within the
footprint of the HSR, or does it give any indication that the HSR directly affects their property
or business. This is very misleading to those owners.
In all early meetings with Authority staff, the City and public were provided maps showing
the rail through the populated area from 7th Standard Road to Oswell Street. These maps
also included the two alternatives beginning from where they split near Rosedale Highway.
to where the joined back together at Oswell Street. However, the EIR only shows the
alternates ending near Baker Street. The document states that the remainder of East
Bakersfield is to be analyzed in a subsequent EIR that may be available within the next year
or so. Furthermore, some maps in Volume III and the portions of the EIR (Socioeconomics)
generally discuss impacts to East Bakersfield but no defined rail line maps or parcel
information is available to fully evaluate potential impacts.
II. Major Impacts by Topic/Area:
A. TRIP Projects:
Significant impacts to the Westside Parkway and Centennial Corridor project. There
are conflicts with our TRIP projects currently under construction, as well as the future
Centennial Corridor. Furthermore, if High Speed Rail adopts their EIR or plan
alignments with such conflicts, it may create environmental document conflicts that
could significantly impact the Centennial Corridor project, a $400 million centerpiece
of the TRIP Program, and which is to be the extension of Highway 58.
Caltrans in cooperation with the City of Bakersfield is currently preparing a Caltrans
Project Study Report (PSR), and a Project Report (PR) and Environmental Document
(EIR/EIS) for the Centennial Corridor Loop Project. This project, which will be
adopted as State Route (SR) 58 immediately after construction, provides a
continuous route along SR-58 from Interstate 5 (1-5) to Cottonwood Road on existing
SR-58, east of SR-99. The proposed continuous route has been divided into three
distinct segments. Segment 1 is the furthest eastern segment that would connect the
eastern terminus of the Westside Parkway to the existing SR-58 (East) freeway.
Segment 2 is composed of what is locally known as the Westside Parkway (WSP) and
extends from Heath Road to Mohawk Street, and is currently under construction.
Segment 3 extends from 1-5 to Heath Road.
• Three build alternatives (A, B, & C) are under consideration within Segment 1 of the
Centennial Corridor. The proposed high speed train (HST) alignments are in direct
conflict with Alternative C. This segment includes future direct connectors from
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Southbound SR-99 to westbound SR-58 and from eastbound SR 58 to northbound SR
99. The future direct connectors would be located east of the Mohawk Street
Interchange, skewing across the BNSF rail yard, and tying into SR-99 near the
Rosedale Highway Interchange. Estimated at $275 million, the direct connectors are
not included in the build alternatives at this time; however, the project cannot
preclude the construction of these connectors in the future.
B. Redevelopment Project Impacts:
Impacts the new South Mill Creek apartment project currently under construction
(approximately $17 million). Although both alignments affect the project, the
Bakersfield South (Red) alignment would remove the entire project. The Draft EIR/EIS
does not adequately discuss nor address impacts to the City's South Mill Creek
Redevelopment Project. South Mill Creek, generally bounded by 'N' Street,
California Avenue, 'S' Street and the BNSF railway, and adjacent to the described
Bakersfield HSR station, is an approximate 20-acre mixed-use development which
includes over 160 affordable housing units, and approximately 100,00 square feet.of
commercial uses on a former brownfield site. According to the document, all
affordable housing in South Mill Creek will be permanently impacted by the project.
It further acknowledges that the City of Bakersfield has adopted redevelopment
plans in the vicinity of Bakersfield's proposed HST station. However, the document
does not adequately recognize direct impacts to the 160 units of South Mill Creek
affordable housing, nor does the EIR/EIS accurately address the economic impact
on the redevelopment project as a whole.
C. Traffic Circulation Impacts:
• Closes Hayden Court (off Union) and affects all of the businesses along that street.
• Although it is outside the city limits, maps show that Palm Avenue, a major east-west
collector, is proposed to be permanently closed west of Calloway Drive.
Multiple roadway grade separations - construction will affect traffic circulation during
project construction.
D. City of Bakersfield Facility Impacts:
• Impacts the loading area of the convention center - no discussion or design of how
this will be mitigated. (BLUE)
• Removes portions of the convention center parking south of the existing railroad.
(BLUE)
• Relocation of the pedestrian bridge from the parking lot to the convention center.
(BOTH)
• Relocation of the City Corporation facility - this is the facility from which we run
sanitation, streets, parks, and do all of the automotive work for City operations. This is
a $150 million asset, and the City previously requested that they move the proposed
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ADMINISTRATIVE REPORT
rail facility off City property. The
would accommodate our request,
entire City facility. (RED).
page 5
Authority replied on June 215' that implied they
but in the draft EIR, the rail again impacts the
Relocation of the City's communication/Police garage along 15th Street and
removes portions of the parking lot at City Hall South (approximately $10 million,
including the land). (RED)
• Removes most parking south of the convention center, including parking for the
aquatic center. Months ago, we provided the High Speed Rail Authority with an
outline of what mitigation would be needed for the Arena's parking needs based on
previous commitments and obligations for events. Nothing appears in the draft EIR
regarding impacts or mitigation.
• Financial compensation for park land replacement is noted, but the DEIR does not
identify the parks affected or how much land would be affected.
E. Miscellaneous Community Impacts:
• Relocation of the City Credit Union. (RED)
• Both alignments impact the Bakersfield Commons, a 225-acre mixed use project with
retail, office and residential components.
• Impacts Bakersfield High School by removing all buildings north of 14th Street. Those
and other issues concerning student safety have not been fully identified nor
mitigated. (BLUE)
• Impacts to Mercy Hospital unresolved. (RED)
• Biological impacts do not identify or discuss how the project is consistent with the
Habitat Conservation Plan.
• Visual impacts only require the HSR designers to "consider" local input, but no
specifics are given. Impacts remain significant after mitigation.
• The discussion for the Kern River Parkway discusses the effects of construction
activities and the creation of noise and visual changes. The analysis does not address
the effects of operational noise from trains operating overhead on an elevated track
and the effect on recreational use of the adjacent parks, bikeway and hiking trails.
The visual change with the introduction of an elevated rail system is expected to be
dramatic and not negligible as concluded.
Significant Historic Architectural Resources by Alternative does not identify SR-204 or
Union Avenue as an historic resource. In August 2010, the Department of
Transportation (Caltrans) prepared a Historical Resources Compliance Report (HRCR)
for the Relinquishment of State Route 204. Caltrans determined that SR 204 (Historic
US 99) from Airport Drive and SR 99 to Brundage Lane meets the National Register of
Historic Places (NRHP) criteria. The California State Historic Preservation officer (SHPO)
concurred on September 21, 2010 with Caltrans' determination and agreed to add
September 8, 201 1, 3:25PM
P:\HighSpeedRail\EIS-EIR\Administrative Report DEIR comments.docx
ADMINISTRATIVE REPORT
page 6
SR 204 to the Master List of State-owned Historical Resources. SR 204 may require
additional mitigation subject to SHPO approval.
PROJECT STATUS:
The current status of the High-Speed Rail Project, as best as staff can determine, is that the Initial
Construction Segment (ICS) includes construction of a track from the area of Borden to
someplace north of Bakersfield. At present, there is no budget to complete the link between any
major cities; there is no funding for any trains, heavy maintenance facilities, or electrification of the
tracks. Currently, the project is at a 15% design status and actual limits of construction (how far
north of Bakersfield the project will end) is dependent on the design-build bids for each phase of
construction of the ICS.
Future funding for the completion/extension of the project would seem unlikely in the identifiable
future. Future state and federal funding is in question and reliance on private sector investment is
anything but a given. Public scrutiny of the project is intensifying as new and updated information
is made public. It seems inevitable that costs will continue to escalate on various stages of the
project (especially given how little is identified in terms of mitigation costs). An updated cost
estimate and business plan is supposed to be forthcoming from the Authority in October,
potentially after the deadline for comments on the DEIS/EIR has closed.
Notwithstanding the fact that the ICS appears to be a track connecting "nowhere to nowhere,"
the eventual adoption of the environmental documents will potentially create a significant impact
in the City and we are taking this effort very seriously.
September 8,2011, 3:25PM
P:\HighSpeedRail\EIS-EIR\Administrative Report DEIR comments.docx
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: q.&.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD /
DATE: September 7, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Application for Appointment of the Large City Member from Kern County Jthe
San Joaquin Valley Air Pollution Control District Governing Board
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Leadership and direction of air pollution control activities in the San Joaquin Valley are provided
by the Governing Board of the San Joaquin Valley Air Pollution Control District (District). The
Governing Board is comprised of 15 members: eight county supervisors from each of the eight
valley counties (Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare)
selected by their respective county Boards of Supervisors, five city council members selected by
the cities within the District, and two public members appointed by the Governor. These locally
elected officials and appointees, acting as policy makers, ensure that implementation of state
and federal air pollution mandates in the Valley is tailored to local conditions and is responsive to
local needs.
On March 31, 2009, the Valley-Wide Special City Selection Committee of the San Joaquin Valley
Air Pollution Control District adopted procedures and a rotation schedule for the appointment of
City Council members to the District Governing Board. Under that rotation schedule, a "Large
City" representative from Kern County is eligible for an appointment to the Governing Board for a
three-year term, beginning January 1, 2012. The Large City designation applies to cities with a
population of 100,000 or more. As Bakersfield is the only city in Kern County in that population
category, only council members from the City of Bakersfield are eligible to apply for the current
Large City vacancy.
Vice Mayor Couch is requesting approval from the City Council to submit to the District the
application of Councilmember Hanson as the nominee from the City of Bakersfield.
The District stipulates that the City hold a public hearing for the City Council to formally vote for
their nominee between October I It and October 31 It, 2011 and submit the voting results to the Air
Pollution Control Office (APCO). Therefore, the October 19, 2011 City Council agenda will
include a Public Hearing for the Council to vote for the selection of Councilmember Hanson. On
November 15, 2011, the APCO will tally the votes and forward the nomination to the Special City
Selection Committee and the Committee will make the appointment in December, 2011.
September 8, 2011, 10:OOAM - RS
SJVAPCD Appt
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,0,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: September 2, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the August 17, 2011 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
nw
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: Qg. b ,
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA
DATE: September 1, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from August 4, 2011 to September 1,
2011 in the amount of $34,375,769.22 and Self Insurance payments from
August 4, 2011 to September 1, 2011 in the amount of $1,156,668.86,
totaling $35,532,438.08.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
September 1, 2011, 4:24PM
S:1Kim G\ADMIN\COUNCIL-ADMIN-AP-2012\ADMIN-AP 091411.doc
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: O. o,.
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: August 26, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section
§ 1. 12.070 by adding Annexation No. 604 consisting of 26.40 acres located along
the north and south side of Taft Highway, east of South H Street to Ward 7. (Ward
7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexation No. 604 into the
corresponding Council ward. This annexation was recently approved by LAFCO.
Annexation No. 604 is located along the north and south side of Taft Highway, east of South H
Street. The annexation consists of seven parcels on 26.40 acres. Property owners consented
to annexation for development purposes and to receive city services. The territory includes
the Valley Manufactured Homes sales office and storage site (owned by Douglas & Miriam Fox
and Zunno Family Trust) and four undeveloped parcels (owned by Elmer Karpe and Voleti
Properties). This area will be included into Ward 7.
JE:dl\S:\Annexation\Ordinances\2011\Admin Draft 9-14 604.doc
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6 ,d ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
August 31, 2011
Adoption of an Ordinance to permit the continued existence and operation of
the Redevelopment Agency of the City of Bakersfield.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends adoption of the Ordinance. The Ordinance had first
reading on August 17, 2011.
BACKGROUND:
At its meeting on August 17, 2011, the City Council introduced for first reading the attached
Ordinance, which is now presented to the City Council for adoption. On August 11 and 17,
2011, respectively, the California Supreme Court issued a Partial Stay and Modification of its
Partial Stay Order ("Partial Stay") in California Redevelopment Association v. Matosantos
(S 194861) (Matosantos). The Matosantos lawsuit challenges recent state legislation which would
dissolve Redevelopment Agencies. This report apprises the City Council why the Ordinance
adoption is consistent with developments in the Matosantos litigation.
Legal Action
As part of the State's budget bills, ABX1 26 (AB 26) and ABXI 27 (AB 27) became law. AB 26 will
suspend all activities (except enforceable obligations) of the Bakersfield Redevelopment
Agency (the Agency) as of June 29, 2011, dissolve the Agency as of October 1, 2011, and
liquidate the assets of the Agency subsequent to dissolution, unless the City timely adopts an
"opt-in" Ordinance. Such Ordinance will continue the Agency's existence by authorizing the
City to participate in the AB 27 "Alternative Voluntary Redevelopment Program" and agreeing
to make remittance payments.
AB 27 has been stayed by the Supreme Court, including the portions of AB 27 authorizing the
adoption of ordinances agreeing to participate in the voluntary redevelopment program and
the requirement to pay the remittance amount. Despite this stay and even though the
Supreme Court has directed the parties to the lawsuit to suggest extended deadlines for actions
required by the legislation in the event that AB 26 and AB 27 are upheld, the California
Redevelopment Association (CRA) is recommending that cities move forward with the
adoption of the ordinances required to opt in to the voluntary redevelopment program.
While it is difficult to predict the ultimate effect of the current litigation on AB 27 statutory
compliance dates, including the enactment of the opt-in Ordinance or payment of the
remittance amount, Staff is concerned that the Agency will be subject to interruption in the
S:\COUNCIL\Admins\ 11-12\RDA.AItRedevPrgm.2d.docx
performance of its obligations and programs in the event that AB 26 and AB 27 are ultimately
upheld.
Special Counsel for the Agency and City as well as counsel for the CRA have advised that to
ensure the least possible disruption in light of the Partial Stay and litigation, an Ordinance
adopted to participate in the Alternative Voluntary Redevelopment Program be conditional
and operative only if AB 26 and 27 are upheld or the Partial Stay lifted. Section 4 of the
attached Ordinance provides for that conditional approval.
If the state statutes are upheld, the Agency will be in the best position to continue its existence
under this Ordinance. If the state statutes are not upheld, our Ordinance has language making
it null and void. Finally, nothing in this Ordinance is intended to violate the conditions of the
Supreme Court's Stay.
In addition, Staff surveyed 16 cities and only one was waiting on preparing their AB 27
ordinance (first reading) to see what the Court will do. The rest of the cities either already
adopted their AB 27 ordinance or are moving forward with second reading.
Conclusion
Staff recommends and encourages the City Council to adopt the Ordinance required by the
State to continue redevelopment efforts in Bakersfield.
JHR:Isc
S:\C0UNCIL\Adm1ns\11-12\RDA.AItRedevPrgm.2d.docx
BAK
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ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: September 2, 2011
ITEM:
ON: Consent Calendar
APPROVED
DEPARTMENT HEAD)
CITY ATTORNEY ✓6-t
CITY MANAGER &
SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward
Byrne Memorial Justice Assistance Grant ($185,624.00) from the U.S. Department of Justice to
expand the downtown surveillance system, by adding cameras to cover the Police
Headquarters building and areas on Union Avenue identified by high crime rates. (Ward 1 & 2)
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
Since 1996 the City of Bakersfield Police Department has applied for and received grant funding
from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program.
Funding from the L.L.E.B.G. Program has helped the City underwrite various projects to reduce
crime and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has
been eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the
primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system, from multi jurisdictional drug and gang task
forces to crime prevention and domestic violence programs, courts, corrections, treatment, and
justice information sharing initiatives."
Grants from the J.A.G. Program have a term of four years and do not require any match from the
City. Prior to submitting the application to the Department of Justice, the Bakersfield Police
Department must comply with a number of grant conditions including the requirement that the
grant application be reviewed by "the governing body of the unit of local government." This
agenda item fulfills this requirement.
The Police Department wishes to submit the following list of items to the Department of Justice for
grant approval. The dollar amounts in the proposed budget below are estimates. If department
db
AK
OFyu~roeer RS
U t7
ADMINISTRATIVE REPORT
needs change or the amounts spent differ from those proposed, the Police Department will
expend the differences in accordance with the JAG/Byrne Grant Guidelines.
2011 JAG/BYRNE GRANT REQUESTS
Funding is requested to purchase radio broadcast capable, 360 degree pan, zoom, tilt
and low light capable surveillance cameras. The price quote includes the software
needed for the systems to be operational. The procurement of these items will be
accomplished by following the established procedure set forth in the City of Bakersfield
Municipal Code. Since the equipment requested will be an expansion of an existing
system, which has specific compatibility requirements, a sole source resolution from the
Bakersfield City Council will be submitted to complete this project.
DESCRIPTION
COST/EA
QTY
TOTAL
Union Avenue Surveillance
Cameras
$11,828
8
$94,624
Main Police Building Cameras
$3,640
25
$91,000
TOTAL EQUIPMENT= S 185,624
db
BAKE
ADMINISTRATIVE REPORT
'L P
9LIF0
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: a. -F.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Greg Williamson, Chief of Police
September 2, 2011
Cry Wolf Alarm Permit and False Alarm Management Services
1. A resolution determining that Cry Wolf False Alarm Management Software,
Billing and Collection services cannot be reasonably obtained through the usual
bidding procedures and authorizing the Finance Director to dispense with
bidding, therefore, and establish Cry Wolf False Alarm Management Software,
Billing, and Collection services with Public Safety Corporation ("PSC").
2. Agreement with Public Safety Corporation to integrate the Cry Wolf Alarm
Management System with the Police Records Management System to facilitate
the administration of false alarm charges and collections.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ✓G'
CITY MANAGER
RECOMMENDATION: Staff recommends approval of the proposed resolution and agreement.
The Bakersfield Police Department has spent the last two years analyzing issues that pertained to
alarm fees charged by the City of Bakersfield. The research began as a result of increasing
response requests to burglar alarms on an annual basis, with the majority of those alarms being
false. In addition to responding to alarms that were false ninety-seven percent of the time, the
systems that were in place to reduce false alarms were inadequate. Those systems included:
the Bakersfield Municipal Code sections that govern alarms;
the City's alarm tracking software; and
the process by which the City has addressed false alarms as they pertained to the
accountability of the individual alarm user.
On August 17, 2011, the City Council approved ordinance changes to the Bakersfield Municipal
Code. The provisions of the new alarm ordinance clearly address the duties of alarm users and
installation/monitoring companies, false alarm allowances per alarm user, and the civil/criminal
remedies available to the City. The Police Department is now recommending outsourcing the
City's alarm management as the next and final step in the revamping of the alarm management
system.
JB
Admin-PSC-CryW olf-AlarmMgt-090211.docx
ADMINISTRATIVE REPORT
Outsourcing alarm management will provide for the most thorough oversight of the new
Municipal Code regulations. Furthermore, outsourcing will ensure that the City's false alarm
regulations are being consistently applied to alarm system users and alarm company operators
through daily monitoring of false alarm responses by Police Department personnel, the
identification of repeated false alarm responses, and monitoring the issuance of alarm system
permits.
Staff recommends dispensing with the bidding requirements, in accordance with subsection D.2
of Section 3.20.060 of the Bakersfield Municipal Code, and entering into an agreement with
Public Safety Corporation (PSC), an outside firm that is experienced and qualified to implement
and collect fees, and administer the procedures set forth in the Bakersfield Municipal Code,
Chapter 5.08. PSC provides a patented, fully integrated, false alarm administration system, known
as Cry Wolf, and can implement a false alarm reduction program, utilizing the new ordinance
provisions, in less than six weeks of an executed contract. PSC will provide a full service system,
which includes an educational component for alarm companies and alarm users, an alarm
permit tracking system, a false alarm tracking system, and a secure payment system for permits
and fines related to false alarm responses by the Police Department. Public Safety Corporation
has over 80 clients that are utilizing their false alarm management system in an outsourcing
capacity.
The Bakersfield Police Department currently utilizes Versaterm as its computer aided dispatch
(CAD) provider. Versaterm has developed a program that interfaces with false alarm calls and
also allows for the import of alarm permit information into the Cry Wolf System. To date, the only
commercially available false alarm management software that can interface with Versaterm is the
Cry Wolf system from PSC. The interface was initially deployed in 2005, and other clients have since
implemented it with their existing Versaterm Cad/RMS systems. Versaterm has no ownership or
financial interest in the Cry Wolf software or Public Safety Corporation.
The fee paid to PSC will be based on the revenue actually collected from the alarm related fees,
fines, and permits, with their revenue share being 23% of the total collected revenue. In addition,
the City will not incur any up front implementation costs for this service.
The initial term of the agreement with PSC is proposed to be a two (2) year period, with an
automatic renewal for additional one (1) year extensions, unless the City gives notice within 90
days prior to the then applicable termination date. In addition, at any time, the City may give 60-
days' notice to terminate the contract without cause. However, if the termination notice is given
within the first two years of the contract, the City would be required to pay PSC for their startup
costs, in an amount not to exceed $36,000, which would be reduced as the two year period
reduces, as well as any other amounts due under the contract.
Staff recommends approval of the agreement, which will authorize PSC to commence with the
alarm monitoring processes described above, as well as the billing and collection services that
have been established in the Bakersfield Municipal Code for alarm fees and permits.
JB
Admin-PSC-CryW olf-AlarmMgt-09021 l.docx
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 7, 2011
Resolution in Support of the ACR 42 Regarding "Eat Local, Buy California Grown
Day"
DEPARTMENT HEAD //g--
CITY CITY ATTORNEY MANAGER
RECOMMENDATION:
Staff recommends approval of resolution.
BACKGROUND:
The California State Legislature is considering Assembly Concurrent Resolution 42 (ACR 42)
declaring that Sundays are "Eat Local, Buy California Grown Day" and encourages families,
restaurants, and grocers to buy California-grown floriculture, fiber, and foods.
Councilmember Salas has requested that the City Council approve a similar resolution, which
includes the following key points in support of eating and buying local, California grown food.
• California is one of the world's most prolific agricultural regions and produces abundant,
diverse, fresh, high quality foods;
• Buying California-grown food helps local family farmers, California food producers,
employees and their families, contributing billions of dollars to the local economy each
year;
• 85% of California consumers say it is important to purchase California grown foods and
41 % say that California-grown is more important to them than it was a year ago;
• Buying locally grown California products is better for the environment, as food trucked or
flown into California has a heavier carbon footprint;
• California strictly regulars food producers for the benefit of consumers and products such
as produce, livestock, milk, fish, floriculture, wine, dried fruit, nuts, and canned fruits and
vegetables have the strictest safety and quality assurance standards of any state in the
nation or world;
September 7, 2011, 9:44AM - RS
P:1Adm1nReport9BRe1ated\Adm-2011 Wdmin-EatLocalBuyCallfDay-09071 1.doc
ADMINISTRATIVE REPORT
• California farmers grow more than 300 food products valued at $35 billion each year;
Buying California food helps ensure that family farmers will sustain their historical
production systems and valuable land that grows crops and raises livestock; and
• In a time of economic distress, supporting California products will help keep critical dollars
within the state for the benefit of Californians.
September 7, 2011, 9:44AM - RS
PAAdm1nReportsBRe1ated\Adm-2011 Wdmin-EatLocalBuyCailfDay-09071 1.doc
A
ADMINISTRATIVE REPORT
I - , +--0- , "
t
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 25, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D A.
CITY MANAGER
SUBJECT: Resolution to add territory, Area 3-82 (2739 Panama Lane) to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector. (Ward 7)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On August 17, 2011, the Council adopted Resolution of Intention No. 1695 adding
the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. The area will be under park and/or streetscape
zones of benefit and will be assigned the appropriate tier levels when parks and/or street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdividers)/developer(s) to be recorded with the subdivision map.
Ps
G:\GR0UPDAT\ADMINRPT\2011\09-14\Res Estab admin - CMD 3-82.docx
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: , d ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 25, 2011
APPROVED
DEPARTMENT HEAD IV
CITY ATTORNEY
CITY MANAGER _
SUBJECT: Resolution to add territory, Area 4-102 (2408 & 2420 Eye Street) to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On August 17, 2011, the Council adopted Resolution of Intention No. 1694 adding
the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. The area will be under park and/or streetscape
zones of benefit and will be assigned the appropriate tier levels when parks and/or street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdivider(s)/developer(s) to be recorded with the subdivision map.
ps
G:\GR0UPDAT\ADMINRPT\2011\09-14\Res Estab admin - CMD 4-102.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 . '
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 31, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1697 to add territory, Area 5-63 (6801 Colony Street)
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:\GR0UPDAT\ADMINRPT\2011\09-14\ROI est CMD 5-63.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8, 4,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 31, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1698 to add territory, Area 1-88 (2700 Calloway
Drive) to the Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcel to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is
attached for reference.
ps
G:\GR0UPDAT\ADMINRPT\2011\09-14\ROI est CMD 1-88.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 24, 2011
APPROVED
A/Ir
DEPARTMENT HEAD
CITY ATTORNEY
45-
CITY MANAGER
SUBJECT: Agreement with Covanta Delano, Inc. for the sale of wood chips from the Mount
Vernon Recycling Facility (Anticipated Annual Revenue to City is Estimated at
$750,000) (Ward 1).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: As part of the City's recycling program, the Mount Vernon Recycling Facility
accepts lumber and wood materials from the public and grinds these materials into wood
chips. Currently, the wood chips are sold to two different firms based upon the level of
screening of the wood chips. Finer screenings are sold to Synagro West and the remainder are
sold to Covanta Delano. The two current agreements with these firms will soon expire. Staff has
determined that the additional cost incurred with screening of the wood chips does not
generate sufficient income to offset the incremental cost of screening. Therefore, since the
wood chips will no longer go through the fine screening process, the wood chips are proposed
to be sold in bulk to one firm to yield a pricing structure most favorable to the City. In addition,
staff wanted to be able to minimize the time wood chips were stored at the Recycling Facility
because of clean air concerns.
Staff mailed Request for Proposals (RFP) to eight companies whereby we requested their bid
proposals to purchase wood chips from the Mount Vernon Recycling Facility. These eight
companies were contacted because they have historically expressed an interest in purchasing
the City's wood chips at a bulk-sale level.
Proposals to the RFP were received from four of the eight firms as summarized below.
Qualifications were based on staff's review of each firm's ability to efficiently process and
transport the City's anticipated volumes of wood chip material.
• Biostream
• Bradco Environmental
• Covanta Delano, Inc.
• Synagro West, LLC/Inc.
G:\GROUPDAT\ADMINRPT\2011 \09-14\admin report - covanta - revised 9-6-1 l .docx
The RFPs were evaluated by staff. The evaluation process encompassed several key factors
such as:
• Minimum quantity of wood chips that firm would purchase;
• Rates per ton for wood chips;
• On-site loading and transport factors; and,
• Responsiveness to potential new air rule requirements limiting how long wood chips can
be stored on-site.
After reviewing the qualifications and fee proposals of all four submitted RFPs, staff recommends
approval of an agreement with Covanta Delano (Covanta), a cogeneration facility in Delano,
as being the most favorable to the City for the following reasons:
• Covanta ranked favorably cost-wise in comparison with responding firms;
• Covanta has a proven record of good performance on a prior contract purchasing
wood chips at the Mount Vernon Green Waste Facility;
• Covanta's proposal had the best approach for the City in regards to handling and
transport of City's wood chips; and,
• Covanta's proposal was most responsive to potential air rule changes that might limit
storage time of wood chips at the Recycling Facility.
Staff estimates annual revenue to be generated from the sale of the wood chips to reach
$750,000 contingent upon projected amounts of incoming material. Staff projects processing
70,000 tons at $10.80 per ton. However, it is important to point out that this estimate is not
concrete. Projected revenue will be less if the volume of wood chips processed at the
Recycling Facility is less than anticipated.
This Agreement is for a five year term. Revenue generated from this Agreement offsets
operating costs of the Recycling Facility.
Sm
G:\GROUPDAT\ADMINRPT\2011 \09-14\admin report - covanto - revised 9-6-1 l .docx
A
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ADMINISTRATIVE REPORT
~'9LI 11
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 0. rh .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD C
DATE: August 16, 2011 CITY ATTORNEY
CITY MANAGER ;PS
SUBJECT: 2012 Reimbursement Agreement with SMG in an amount not to exceed $60,000
for the reimbursement of costs associated with renting the Rabobank Arena for
the Christian Congregation of Jehovah's Witnesses conventions. (W".1)
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND:
On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB)
entered into Agreement No. 07-314 regarding the management of the CVB and the marketing
of Bakersfield as a destination center for conventions, sporting and other events including
individual/group travel and tourism.
Over the past several years, the CVB has provided incentives to various non-profit organizations
to hold their events in Bakersfield in order to ultimately generate more sales tax and Transient
Occupancy Tax (TOT) and to market the benefits and advantages of the City as a destination
center for holding conventions. For the past 16 years the CVB has contributed to the cost of
renting Rabobank Convention Center on behalf of the Jehovah's Witnesses Congregation
(JWC). The JWC puts on six weekend events during the summer and the CVB has contributed
$10,000 rental reimbursement to SMG for each of the six events. The conventions draw a total in
excess of 32,000 attendees with an estimated TOT from $59,000 to $118,000 and economic
impact in excess of $1,000,000. The conventions are held Friday through Sunday at a time
during which hotel occupancy is typically below normal. Six conventions are being requested
in order to keep the number of attendees at or below 6,200 per convention and thereby
minimize the parking impact on Fridays in the downtown area.
The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to
continue the contribution of the costs associated with the rental of Rabobank Arena. Upon
receipt of the invoices, the City, on behalf of the JWC, shall pay SMG $10,000 for rental
reimbursement for each weekend event scheduled to occur between May and July 2012.
Planned dates for the 2012 conventions are:
May 25-27; June 8-10; June 22-24; June 29-July 1; July 20-22; July 27-29.
S:\Admins\City Council\City Council Admins 2011-CVl3VW-SMG 2011 Reimbursement Admin Report 8-16-1 l.docx
8/2/10; DC
` AR4f
fr
ADMINISTRATIVE REPORT
~ ~ts
10
MEETING DATE: September 14, 2011 [AEM: GENDA SECTION: Consent Calendar
A n
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: August 31, 2011 CITY ATTORNEY 4
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 08-179 with Sungard Public Sector, Inc' (SP'S) for
Service Support of Licensed Software in the amount of $168,853.33.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
On October 22, 2008, the Council approved Agreement No. 08-179 with SunGard Public Sector (SPS)
under which SPS agreed to provide software maintenance services for the licensed programs owned by
the City. In accordance with the original agreement the City pays maintenance fees for those licenses
being used.
SPS developed many of the software programs which the City runs on the AS/400 computer. Such
programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable;
Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning &
Zoning; Park Reservations, etc. This amendment will ensure that SPS continues to update software and
provide service for any problems encountered with these programs.
The yearly maintenance and service support payments have been fairly constant over the past three years
of this agreement. The original payment for 2009 was $170,326.75; 2010 was $168,436.74. This
agreement calls for a one-time payment of $168,853.33 which will ensure support through July 31, 2012.
IVECH
S:\Eddie\Contracts\HTE Amendment\201 1 \Admin for SPS Maint Agreement Amendment 4.doc
A
u
ADMINISTRATIVE REPORT
0
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 5. V.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: August 30, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p,.
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 10-151 with Jim Alfter Cement Contractor
adding $150,000 (for a total not to exceed amount of $463,352.50), and
extending the contract term one year to the Annual Contract for canal liner
repair. (City Wide),
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 13, 2010, Council awarded the annual contract for canal liner
repair to Jim Alfter Cement Contractor in the amount of $190,577.50; renewable annually
thereafter for four (4) consecutive one-year periods. On May 4, 2011, Council executed
Amendment No. 1 adding $122,775 for a revised not to exceed amount of $313,352.50.
Currently there is $31,400 remaining on this contract. Increasing the contract amount
$150,000, and extending the contract term one year will allow the city to meet the canal liner
repair needs for the next year.
If approved, Amendment No. 2 will add $150,000 for a revised not to exceed amount of
$463,352.50, and extend the contract term one year. Funds are budgeted in the Agricultural
Water Enterprise Funds operating accounts for canal maintenance. No General Fund dollars
will be used for this service. Approval of the amendment will allow the Water Resources
Department to continue the City's canal maintenance program.
Purchasing Division/ch
&VURCMADMIMAmendments 10-11 Wmendment #2 to Agmt 10-151, AC Canal Liner, Sept. 4, 2011.docx
August 30, 2011, 9:27AM
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: g, ,
TO: Honorable Mayor and City Council
FROM: Raul M, Rojas, Public Works Director
DATE: September 2, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY -4, 1
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement 09-058 with Nolte Associates, Inc., ($446,159.98; for
a revised not to exceed total of $6,532,920.93) for Construction Management
Services for the Westside Parkway Project Phase 2. (TRIP) (Ward 2, 4, 5)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: This Amendment is for construction management services for the additional work
and modifications made to the west end of the Westside Parkway Phase 2 Project, recently
referred to as Phase 6A. This segment of the Westside Parkway was re-scheduled and modified
to realize cost savings and operational enhancements by eliminating some temporary "throw-
away" improvements originally planned, and to minimize traffic interruptions when the freeway is
extended to the west in the future, The City awarded a construction contract for this initial
revised work last spring for $4,644,222.40 to MGE Underground, and Nolte has been performing
construction management services for this work since then by utilizing savings under their current
contract.
Nolte was selected for construction management services for the Westside Parkway previously
through a qualifications based selection process,
Adequate funds have been previously budgeted for this work.
Rev.: September 2, 2011, 10:25AM
Tdw:G:\GR0UPDAT\ADMINRPT\2011\09-14\Admin -Nolte Amendment # 2-.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council
FROM: Raul M Rojas, Public Works Director
DATE: August 30, 2011
APPROVED
DEPARTMENT HEAD 19SLA,
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Reject all bids for Street Improvements, Padre Hotel Block, Project No. T1 K202, and
Street Improvements, 19th and H Street Staging Area, Project No. T1 K229. (Ward 2)
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: This Capital Improvement Project would have reconstructed curb, gutter and
sidewalk between G and H Streets, and between 18th and 19th Streets, made improvements to
the staging area at the southwest corner of 19th and H Streets, and reconstructed the Wall
Street Alley within this block. The apparent low bidder was 28% under the Engineer's Estimate
and 23% under the next low bidder. The apparent low bidder did acknowledge making some
mistakes in his understanding of the bid items and although the firm is willing to stand by its bid,
staff does not think that is a credible position for ensuring construction completion before the
holiday season. In addition, the pursuit of the proper federal paperwork documentation from
the apparent low bidder has already delayed this project from moving along at the schedule
required in the contract documents. That schedule is desired to minimize impact to both the
Padre Hotel and to the downtown Post Office operation during the upcoming holiday season.
Funding for this project is from a HUD grant that will not be lost by readvertising the project
early next calendar year. Staff plans to re-bid the project in early 2012 and have construction
occur in the summer of 2012, a time when it is much less likely to be disruptive to the affected
properties.
The Engineers Estimate of the project cost is $325,000.00.
On August 23, 2011, a total of four bids were received as follows:
Global International Development
4780 W. Ann Rd. # 5-293
North Las Vegas, NV 89031
in amount of
$235,181.80
DOD Construction
3501 Edison Hwy.
Bakersfield, CA 93304 (County)
in amount of
$303,493.62
Kern Pacific Construction Co.
4001 Patton Way # 1
Bakersfield, CA 93308 (County)
in amount of
$366,444.30
Griffith Company
1128 Carrier Parkway Ave.
Bakersfield, CA 93308 (County)
in amount of
$524,542.77
PW/ENGR; WGM
GAGR0UPDAT\ADMINRPT\2011\09-14\T1K202 & T1K229 Street Imp. Padre Hotel Project.Doc
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 0. .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 23, 2011 CITY ATTORNEY
CITY MANAGER k-J
SUBJECT: Reject all bids for the Development Services HVAC Replacement project.
(Ward 2)
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Invitations to bid were sent out for Development Services HVAC Replacement.
Bids were received from Strategic Mechanical, Incorporated (Fresno, CA) in the amount of
$739,500 and ACCO Engineered Systems (Bakersfield, CA) in the amount of $873,650.
Both bids exceeded the amount budgeted for the project.
Staff will re-structure a bid based on an alternate HVAC system and will re-bid at a future date.
Purchasing Division/kb
&VURMADMINWdmin 11-lZRoject Bids - Development Services HVAC Replacement, 10-11-79, September 14, 2011.docx
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 .5.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA
DATE: September 2, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Reject bids for Four Axle Refuse Trucks with Roll off Bins. (Citywide)
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for the
purchase of seven (7) refuse trucks. Bids were received from Inland Kenworth US,
Incorporated (Montebello, CA) in the amount of $1,519,300.86 and Bakersfield Truck Center
(Bakersfield, CA) in the amount of $1,558,385.43.
Both bids exceed the amount budgeted and failed to meet the minimum bid specifications.
Staff will re-structure bid specifications and will re-bid at a future date.
Purchasing Division/kb
S:IPURCHWDMINWdmin 11-12VWject Bids - Refuse Truck Roll Off LNG Fueled, 11-12-08, September 14, 2011.docx
F A„
U L4 r i
ADMINISTRATIVE REPORT
L(
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6.+.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M, Rojas, Public Works Director
September 1, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid and award contract to Rock Bottom, Inc. ($140,725.01) for Landscape
Improvements, Bakersfield Municipal Airport (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: This landscape improvement along Union Avenue will complete the airport's
landscaping on Union Avenue and will enhance the appearance of the airport,
Funding for this project is from a HUD Grant in the amount of $200,000. The Engineer's Estimate
was $170,735.00.
On August 11, 2011, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Rock Bottom, Inc.
2724 Lanco Drive
Bakersfield, CA 93308 (County)
Brown & Fowler Construction
3008 Antonino Avenue
Bakersfield, CA 93308 (County)
Elite Landscaping, Inc.
2972 Larkin Avenue
Clovis, CA 93612
PW/ENGR: WGM
in the amount of $140,725.01
in the amount of $169,183.10
in the amount of $177,557.00
August 31, 2011, 2:20PM
G:\GR0UPDAT\ADMINRPT\2011\09-14\P9K119 Landscape Imp. Bakersfield Airport-Doc
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 . u
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 1, 2011 CITY ATTORNEY p~
CITY MANAGER
SUBJECT: Accept bid in the amount of $299,910 from Central California Power for the
engine replacement on six (6) Elliot trailer-mounted generators used by the
Public Works Department Streets and Wastewater Divisions. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to two hundred (200) suppliers for engine
replacement of generators. Two (2) bids were received in response to solicitation.
The California Air Resources Board (CARE) has emission regulations specifically relating to
portable equipment. The Fleet Services Division has determined that engine replacement
(repower) of the City's trailer-mounted generators is more cost effective than replacing the
units. The engine replacement will satisfy the CARB emission requirements.
Staff finds the bid from Central California Power to be acceptable and recommends
acceptance of the bid.
The two (2) bids received are as follows.
Amount
Central California Power $299,910.00
Shaffer, CA
Quinn Power Systems $321,421.82
Bakersfield, CA
Funds are available in the Equipment Replacement Fund for the engine replacement on six
(6) trailer-mounted generators used by the Public Works Departments Streets and
Wastewater Divisions.
Purchasing Division/kb
Trailer Mounted Generators, 11-12-10, September 14, 2011.doac
S:\PURCHWDMINWdmin 11-12~Repower Elliott
September 1, 2011 -
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 1, 2011 CITY ATTORNEY I X,
CITY MANAGER
SUBJECT: Accept bid from Quinn Company, Bakersfield, in the amount of $76,697.40 for
one (1) replacement pneumatic rubber tired roller for the Public Works
Department, Streets Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid. avy
BACKGROUND: Invitations thounl of $76,697.40 was received fromr bidders for
Company and ae' No
equipment. A bid
Bid" response was received from Coastline Equipment.
The bid from Quinn Company is within the amount budgeted and is considered acceptable
by staff. Funds are available in the Equipment Replacement Fund for the purchase of one (1)
replacement pneumatic rubber tired roller to be used by the Streets Division.
Staff contacted Coastline Equipment regarding their "No Bid" submittal and found they could
not supply a roller unit that was not articulated. An articulated roller can damage the paving
surface and Fleet staff had denied a previous request from Coastline Equipment to allow an
exception to the non-articulated bid specification.
Purchasing Division/Kb
SAPURCHWDMIMAdmin 11-12\Pneumatic Rubber Tired Roller, 11-12-16, September 14,201 I.doc
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Cyber Computers, Incorporated, in the amount of $131,592.66
for thirty three (33) replacement Panasonic Toughbook Laptops for the
Information Technology Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer
equipment. Thirteen (13) bids were received in response to the solicitation.
The Panasonic Toughbook laptops are units that provide protection from water, high heat,
and are built to withstand elements associated with outdoor use. These laptops are replacing
existing laptops in various City departments including the Police Department, Fire Department,
Code Enforcement and the Public Works Department. Funds are budgeted in the Equipment
Replacement Fund for the purchase of thirty three (33) Panasonic Toughbook laptops.
The thirteen (13) bids received are as follows:
Cyber Computers, Inc., Irvine, CA
$131,592.66
CDCE, Inc., Yorba Linda, CA
$132,384.39
EDX Information Systems, Inc., Fremont, CA
$133,450.76
Lehr Auto Electric, Sacramento, CA
$138,051.79
OM Office Supply, Inc., Mechanicsburg, PA
$141,768.00
Millennium Information Technology, Tempe, AZ
$142,341.71
PCS Mobile, Phoenix, AZ
$142,378.52
The Very Last Word, Milpitas, CA
$143,546.47
Purchasing Division/kb
SAPURCHWDMINWdmin 11-12\Panasonic CF-31 Laptop, 11-12-14, September 14,201 I.docx
ADMINISTRATIVE REPORT
Ablegov, Inc., Citrus Heights, CA
$144,564.01
Waring Enterprises LLC, Vista, CA
$145,625.78
Howard Technology Solutions, Laurel, MS
$146,616.77
Nordisk Systems, Inc., Milwaukie, OR
$148,493.28
Aprisa Technology LLC, Roslyn, NY
$148,775.72
Staff finds the bid submitted by Cyber Computers, Incorporated to be acceptable.
Purchasing Division/kb
SAPURCHWDMIN1Admin 11-121Panasonic CF-31 Laptop, 11-12-14, September 14,2011 -docx
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 31, 2011 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Accept bid from Cyber Computers, Incorporated, in the amount of $92,704.68
for eighty four (84) replacement Lenovo office laptops for the Information
Technology Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer
equipment. Sixteen (16) bids were received in response to the solicitation. Bids received from
En Pointe Technologies and Millennium Information Technology failed to acknowledge receipt
of an Addendum that modified the bid document whereby rendering their bids
unacceptable.
The laptops will replace existing office laptops in various City departments that have been in
use beyond their recommended replacement date. Funds are budgeted in the Equipment
Replacement Fund for the purchase of eighty four (84) Lenovo laptops.
The fourteen (14) acceptable bids received are as follows:
BIDDER
AMOUNT
Cyber Computers, Inc., Irvine, CA
$ 92,704.68
EDX Information Systems, Inc., Fremont, CA
$ 95,531.58
Y & S Technologies, Brooklyn, NY
$ 97,758.21
CompuWave, Fresno, CA
$ 98,756.67
New Tech Solutions, Fremont, CA
$101,659.84
Ablegov, Inc., Citrus Heights, CA
$102,595.28
Nordisk Systems, Inc., Milwaukie, OR
$104,342.18
Purchasing Division/kb
SAPURCHWDMINWdmin 11-12\Lenovo Thinkpad Laptops, 11-12-15, September 14, 2011.docx
ADMINISTRATIVE REPORT
Howard Technology Solutions, Laurel, MS
$106,366.19
CDI Computers, Inc., Markham, ON
$111,031.56
Ewiz Express Corporation, San Jose, CA
$131,301.81
OM Office Supply, Inc., Mechanicsburg, PA
$135,639.00
The Very Last Word, Milpitas, CA
$137,323.75
Waring Enterprises LLC, Vista, CA
$139,989.06
Coast to Coast Computer Products, Inc., Simi Valley, CA
$146,041.37
Staff finds the bid submitted by Cyber Computers, Incorporated to be acceptable.
Purchasing Division/kb
SAPURCHWDMINWdmin 11-12\Lenovo Thinkpad Laptops, 11-12-15, September 14, 2011.docx
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /
DATE: August 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Dell Marketing L.P. in the amount of $49,026.75 for one
additional Dell Equallogic Storage Area Network (SAN) for the Information
Technology Division. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer
equipment. Two (2) bids were received in response to the solicitation.
The SAN will provide high speed storage to the City's database systems and will support all City
applications. The SAN will increase the speed of accessing these large and often used
Databases. Funds are budgeted in the Equipment Replacement Fund for the purchase of the
Dell Equallogic SAN.
The two (2) bids received are as follows:
BIDDER AMOUNT
Dell Marketing L.P. $49,026.75
Round Rock, TX
Impex Technologies, Inc. $63,422.29
Torrance, CA
Staff finds the bid submitted by Dell Marketing L.P. to be acceptable.
Purchasing DivisioNkb
SAPURCHWDMINWdmin 11-12\Dell Equallogic SAN, 11-12-13, September 14 2011.d0cx
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: , -Z,
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
11<5
DATE:
September 2, 2011
CITY ATTORNEY-
&
CITY MANAGER
,
SUBJECT:
Accept bid from Impex Technologies, Incorporated in the amount of $63,014.74
for three (3) replacement Dell R810
servers for the Information
Technology
Division. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer
servers. Five (5) bids were received in response to the solicitation.
The three (3) new servers will be replacing eight (8) existing servers which currently run the
City's virtual infrastructure. Programs to be run on the new servers include Laserfiche,
MaintStar, RecTrack, Cognos and Microsoft Exchange. Funds are budgeted in the Equipment
Replacement Fund for the purchase of three (3) replacement Dell servers.
The five (5) bids received are as follows:
BIDDER AMOUNT
Impex Technologies, Inc. $63,014.74
Torrance, CA
Dell Marketing L.P. $64,227.83
Round Rock, TX
EDC Systems $65,698.13
Lafayette, CA
Net Xperts, Inc. $68,195.88
San Ramon, CA
Millennium Information Technology $76,924.79
Tempe, AZ
Staff finds the bid submitted by Impex Technologies, Inc., to be acceptable.
Purchasing Division/kb
SAPURCHADMINAdmin 11-12%Dell R810 Servers, 11-12-12, September 14, 2011.docx
A
4
ADMINISTRATIVE REPORT
c~
0
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 9. 0.0 -
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 25, 2011 CITY ATTORNEY
CITY MANAGER k5-
SUBJECT: Accept bid and approve contract to Vulcan Materials Company (not to exceed
amount of $6,000,000) for the annual contract for the supply of street materials.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to Bid were sent to over four hundred (400) suppliers for the Annual
Contract for street materials. Three (3) bids were received in response to solicitation.
Acceptable bids were received from Vulcan Materials Company, Bowman Asphalt and
Granite Construction. The bid required suppliers to provide pricing for various types and
quantities of asphalt to be used in the maintenance of City streets.
In accordance with the terms of the bid, the total cost was based upon the unit price bid plus
the City's cost of hauling ($0.30 per ton mile) added to bids from vendors for items picked up
from vendor's plant. Distance for computation of ton miles is the distance from City
Corporation Yard to the vendor's plant. (See attached spreadsheet).
The lowest overall bid after accounting for material transportation costs was Vulcan Materials
Company, Bakersfield. Funds in the amount of $6,000,000 are budgeted in the Gas Tax Fund
and Capital Outlay Fund. Staff anticipates minimal impact (if any) to the General Fund. Even
though the mathematical calculations of the various bidders' unit prices multiplied by the
City's estimated number of units exceeds the budget figure, we only enter into the contract
for the amount of budgeted funds available. The bidders understand that they are bidding on
per unit prices and not an overall dollar award. The contract award is for a one year period;
renewable annually for four consecutive one-year periods at the City's option and upon
mutually agreeable terms.
Staff finds the low bid to be acceptable and recommends approval of the contract in the
amount of $6,000,000 to Vulcan Materials Company.
Purchasing Division/kb
S:IPURCHIADMINWdmin 11-12WC for Street Materials, 11-12-09, September 14,201 1.docX
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d ADMINISTRATIVE REPORT
1 0
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: , to.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 31, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Budget and Finance Committee Report regarding Department of Housing & Urban
Development (HUD), Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) Amendment No. 1 (FY 11-12). (Wards All)
1, Reduce CDBG, HOME and ESG Operating and Capital Budgets by $799,422
in accordance with HUD FY 2011-12 Action Plan Amendment No. 1,
RECOMMENDATION:
Staff recommends acceptance of the report and approval.
BACKGROUND:
On April 13, 2011, the City Council approved the FY 2011-12 Action Plan, which included projects
to be funded with HUD Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME) and Emergency Shelter Grant (ESG) entitlements, However, at that time,
information for final entitlement funding had not been issued by HUD, and the City submitted the
Action Plan to HUD by the requisite May 15, 2011 deadline without final allocations.
The Action Plan projects approved by the City Council were based on FY 2010-11 funding,
reflecting a total of $5,477,998 in Federal entitlement funding. Staff projected program income
for CDBG in the amount of $7,000 and $30,000 for HOME, However, due to Federal budget cuts,
the actual entitlement funding the City will be receiving from HUD is less than anticipated. The
following table summarizes the reductions to the City's FY 2011-12 entitlement funding:
Program
Anticipated Funding
Actual Funding
Change
% Change
CDBG
$3,634,857
$3,034,484
-$600,373
-16.5%
HOME
$1,695,784
$1,496,828
-$198,956
-11.7%
ESG
$147,357
$147,264
-$93
0.1%
Totol
$5,477,998
$4,678,576
-$799,422
S:\Admins\City Council\City Council Admins 2011\Action Plan FY11-12 Amendment9.14.11admin.Doc
August 31, 2011 11:17 AM rab
ADMINISTRATIVE REPORT Page 2
Staff still anticipates that the projected program income will remain the same for the CDBG and
HOME programs, in the amounts of $7,000 and $30,000 respectively.
Thus, the City of Bakersfield is required to amend the Action Plan to account for the cuts in
funding. Staff presented an Action Plan Amendment to the Budget and Finance Committee on
July 15, 2011 to review and consider. The Amendment proposes reductions to administration,
programs and projects in the total amount of $799,422 for CDBG, HOME and ESG, and is
summarized in the following tables:
For CDBG:
Proposed
Change
Revised
Budget
Reduce Administration
-$120,074
$608,297
Cancel Graffiti Removal
-$163,000
$0
Cancel Bakersfield Senior Center Improvements
-$150,000
$0
Cancel Central Park Splash Pad
-$332,000
$0
Increase Acquisition and Demolition in HUD Areas
$60,479
$312,638'
Increase California and P Area Curb, Gutter, Sidewalk
and Reconstruction
$104,222
$624,222*
Total Changes -$600,373
'Includes $20,000 Direct Delivery
For HOME:
Proposed
Chan a
Revised
Budget
Reduce Administration
-$19,895
$152,683
Reduce CHDO Set Aside
-$29,844
$224,524
Reduce New Construction
-$149,217
$1,149,621
Total Changes -$198,956
*Includes $75,000 Direct Delivery
The Budget and Finance Committee unanimously supported the proposed FY 2011-12 Action
Plan Amendment No, 1, and forwarded the Amendment to the City Council for review and
approval,
A public notice was published on July 27, 2011 concerning the availability of the draft annual
Action Plan for a HUD-required 30-day citizen review and comment period. The public notice is
attached. The public review period ended on August 26, 2011 and no public comments were
received on the proposed use of FY 2011-12 HUD funds,
S:\Admins\City Council\City Council Admins 2011 \Action Plan FY11-12 Amendment9.14.1 Iadmin.doc
8/31/2011 11:17 AM
ds
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o.,<( ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 -CC, .
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: September 2, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY _
CITY MANAGER ~+J
SUBJECT: Appropriate $50,000.00 State Grant Revenues [FY2011-12 Grant Assistance Program
(GAP) from the State Office of Alcoholic Beverage Control(ABC)j to the General
Fund Police Operating Budget, to fund overtime for the BPD vice division to
conduct minor decoy, shoulder tap operations, and provide ABC training.
RECOMMENDATION: Staff recommends approval of the proposed resolution.
BACKGROUND:
The City of Bakersfield has received notification from the ABC that a grant in the amount of
$50,000.00 has been awarded to the BPD under the Grant Assistance Program (GAP). The grant
funds under the ABC GAP program will fund, in part, the joint operations of the BPD / Kern
County Sheriff's Office Joint Vice Task Force (JVTF) to conduct undercover surveillances and
investigations; and conduct minor decoy and shoulder tap operations.
On June 29, 2011, the City Council accepted the grant funds by Resolution 059-11, to complete
the grant application process. The Bakersfield Police Department now requests that the grant
funding be appropriated into the General Fund Police Operating Budget for ABC grant
operations.
DWB
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 11-12\ADMIN RPT - (09-14-11) 2011-12 ABC GAP GRANT (11G-LA03).docx
8/25/2011 11:01 AM Page 1 of 1
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: $ , d ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: September 6, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: City Positions on 2011 League of California Cities Resolutions
RECOMMENDATION:
Staff recommends that the City Council take a neutral position on the proposed 2011
resolutions.
BACKGROUND:
The League of California Cities Annual Conference will be held September 21-23, 2011 at the
Moscone West Convention Center in San Francisco. The conference includes an annual
business meeting, during which the member cities are given the opportunity to vote on the
propositions that have been proposed for consideration this year.
Typically, staff reviews the proposed resolutions and provides a recommendation to the
Legislative and Litigation Committee and the full City Council to support, oppose, or remain
neutral. This year, there are six proposed resolutions to be considered, as follows:
1. Resolution Supporting Alternative Methods of Meeting Public Notice Requirements and
to Advocate for Revisions to the Government code Recognizing Alternative Methods as
a Means to Meet Noticing Requirements.
2. Resolution relating to Tort Reform
3. Resolution related to Raising Public Awareness about the Imminent Health and Safety
Concerns for Bullied Children
4. Resolution Supporting the Prison Rape Elimination Act of 2003
5. Resolution Calling for the Replacement of the Death Penalty with the Sentence of Life
Imprisonment without the Possibility of Parole
6. Resolution in Honor of the City of Bell
September 7, 2011, 1:48PM
2011 LeagueResolutlons-rs
The City Manager and City Attorney have reviewed each of the resolutions and
corresponding background information. The majority of the resolutions lack a local
component, which is always given major significance in staff's analysis when determining a
recommendation. The resolution concerning Tort Reform is the closest to having a local fiscal
impact, but it has been attempted and defeated previously and has been highly controversial
for years. Any attempt to re-write the law would require the setting aside of years of case law
precedent.
In conclusion, staff recommends that the most appropriate course of action is for the Council
to take a neutral position on all of the proposed resolutions this year. However, in keeping with
the Council's historical directive, the City's Voting Delegate will have the authority to represent
the Council's position if the proposed resolutions change, and/or additional resolutions are
introduced during the course of the Annual Conference.
At the August 17, 2011, Vice-Mayor Couch was appointed as the City's Voting Delegate, as he
will be attending the Annual Conference and the quarterly Board of Directors meeting as the
Mayor's representative on the "Big 10" cities.
September 7, 2011, 1:48PM
2011 LeagueResolutions-rs
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8. ez.
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
Chris Huot, Administrative Analyst III
September 6, 2011
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
City Event Promotion During City Council Meetings
RECOMMENDATION:
Staff recommends Council receive and file this information.
BACKGROUND:
Counciimember Sullivan initially requested staff present a monthly report in front of the Council apprising
the Council and the public of events at City facilities for the upcoming month. Staff presented a report to the
Council during the August 17th Council meeting.
As a method of reaching a larger audience in place of a monthly report to the Council, staff has developed a
slide show presentation to run on the KGOV broadcast to promote the upcoming events during the time
period in which Council is in closed session. This will be a more effective venue to notify the public about
upcoming events.
Debuting during the closed session of the Council Meeting of September 14, 2011 is a loop of slides
showcasing the upcoming events and ticket information for events at Cityfacilities or events hosted bythe
City. The information will repeat, providing viewers multiple chances to obtain show and ticket information. It
will include all events at City facilities or events hosted by the City.
The event information is also included in the Council's weekly General Information Memorandum, on
various City web site calendars and promoted via local media outlets.
S:1Chris l Lac t'~1'r j~c~f ~Cc~ul~tii1 f✓hctit~ .vent Proln ticn\Sepr 14_Adrttin.doc
d
ADMINISTRATIVE REPORT
MEETING DATE September 14, 2011 AGENDA SECTION: Closed Session
ITEM: 10.0-
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓4-
DATE: September 2, 2011 CITY ATTORNEY VG
CITY MANAGER )eS
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b) (3) (A) of Government Code section
54956.9 (one matter).
VG:Isc
S:\COUNCIL\CI Sess\Admins\1 1-12\9-14-1 1 PotLit.docx
ADMINISTRATIVE REPORT
MEETING DATE September 14, 2011 AGENDA SECTION: Closed Session
ITEM: 10 , b.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD le,
DATE: August 29, 2011 CITY ATTORNEY ke-
CITY MANAGER )es
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Four cases).
• Youngblood, Harold v. City of Bakersfield
KCSC Case No. S-1500-CV-271785-DRL
• Hailey, Darren v. City of Bakersfield
KCSC Case No. S-1500-CV-264464-DRL
• Torres, James Arthur v. Bakersfield Police Department
KCSC Case No. S-1500-CV-269344-WDP
• Anderson, Leon, Sr., et al. v. City of Bakersfield, et al.
KCSC Case No. S-1500-CV-267009-DRL
VG:Isc
S:\COUNCIL\CI Sess\Adm1ns\1 1-12\9-14-1 1 Exiskit.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: September 14, 2011 AGENDA SECTION: Reports
ITEM: I?-. 6.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 1, 2011
APPROVED
DEPARTMENT HEAD F99u
CITY ATTORNEY k16__1
CITY MANAGER_4~
Report on Proposed Median Island Improvements (Wards 1, 4, 6, 7):
1. Staff report regarding proposed budget amendments to add specific
median island improvements to the Fiscal Year 2011 /12 budget.
2. Appropriate $936,000 Developer Share Project Cost to the Public Works
Department's Capital Improvement budget within the Capital Outlay Fund to
fund median island landscape improvements.
RECOMMENDATION: Staff recommends acceptance of report, and approval of appropriation
to fund median island improvements.
BACKGROUND: This Administrative Report summarizes staff's recommendations to increase
appropriations for the Fiscal Year 2011 /12 budget to fund additional median island landscape
improvements. There is no General Fund impact associated with any of the proposed projects.
Developers are required to construct median island improvements or pay an in-lieu median
island fee. These in-lieu fees are used by the City to construct and landscape median islands.
Staff proposes to appropriate $936,000 of in-lieu median fees to install landscape
improvements at several locations throughout the City where the hardscape improvements
have already been installed, but landscaping has not been completed. Normally, the trust
fund, where payments are held until the other half of the street develops, is used for site
specific instances. There are cases, however, where due to canals, older development, and
related conditions, the 'other side' will never come in. We are, therefore, necessarily using
some of the balance in the trust for problematic areas that need attention, but are not likely to
get done under 'normal' circumstances. The financial history in the fund was reviewed, and
staff believes the amounts proposed to be expended on these projects are appropriate.
The proposed project sites include the following:
1. Fairfax Road, for 2,400 feet south of Redbank Road (Ward 1) $175,000
2. Calloway Rd, for 400 feet south of Meacham Road (Ward 4) 62,000
3. Hosking Avenue, Tree Line Avenue to Zermatt Street (Ward 7) 71,900
G:\GR0UPDAT\ADMINRPT\2011\09-14\REPORTS - Median Islands.docx
A
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ADMINISTRATIVE REPORT
4. Olive Drive/Calloway Drive Intersection - west and south legs(Ward 4) 148,000
5. Ashe Road, Harris Road to SJVRR tracks (Ward 6) 161,000
6. McCutchen Road, Dazzle Lane to Stine Road (Ward 6) 39,700
7. Stine Road, north and south of Ambrister Drive (Wards 6 & 7) 32,400
8. Union Avenue, Arvin-Edison Canal to Panama Lane (Ward 1) 246,000
Total Appropriations
Maintenance of the landscape improvements will be funded through the Consolidated
Maintenance District. Only parcels within the benefit area for the above improvements will be
assessed annually on the tax roll.
Staff recommends acceptance of this Report and approval of appropriations for the
proposed median island improvements. In-lieu median fees will fund the proposed median
island improvements. Therefore, there is no General Fund impact associated with any of the
proposed projects.
Public Works/bu
G:\GR0UPDAT\ADMINRPT\2011 \09-14\REPORTS - Median Islands.docx
MEETING DATE: September 14, 2011 AGENDA SECTION: Reports
ITEM: ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 30, 2011
Thomas Roads Improvement Program (TRIP) (Various Wards)
1) Program Update
2) Agreement with Parsons Transportation Group Corporation, ($27,665,816.00)
for Program Delivery/Engineering and Environmental Support Services for TRIP;
and for Preliminary Engineering and Coordinating/Managing Completion of
the Environmental Document for the Centennial Corridor Loop (SR-58
Connector) Project (Ward 2)
APPROVED
DEPARTMENT HEAD P
CITY ATTORNEY
41-
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of the report and approval of the
Agreement.
BACKGROUND: In August 2005, Congress approved and President Bush signed the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-Lu).
Through the efforts of former Congressman William Thomas, this Act included $630,000,000 in
federal funds for a program of highway improvement projects in metropolitan Bakersfield. In
honor of Congressman Thomas, this program came to be known as the Thomas Roads
Improvement Program, or TRIP. The City of Bakersfield was designated as the lead agency for
the administration of this Program, which when combined with other state and local funds
totals over $1.2 billion. Because of the magnitude and limited duration of TRIP and the need
for specialized expertise in the delivery of major highway projects, it was determined that
retaining the services of a program management consultant would be the best and quickest
way to deliver the program of projects. A Request for Qualifications for Professional Services
for Program Management was Issued in November 2005, and through a qualifications based
selection process, Parsons Transportation Group (Parsons) was selected to perform these
services. Agreement 06-053 was approved by the City Council on February 22, 2006. The
Agreement included an initial five-year, four-month time-frame and had a termination date of
June 30, 2011, but was subsequently amended to revise the termination date to December 31,
2011.
On July 12, 2011 staff issued a Request for Qualifications (RFQ) for Professional Services for
Program Delivery/Engineering and Environmental Support Services for TRIP, as well as for
Professional Services for Preliminary Engineering and Coordinating/Managing Completion of
the Environmental Document for the Centennial Corridor Loop (SR-58 Connector) Project.
Two submittals were received from firms regarding this RFQ; but one of the submittals was not
for the services requested in the RFQ but was an offer to provide specific 'bridge design and
construction supervision services for one or two or more bridge projects." This submittal also
Tdw; G:\GR01JPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX
T A
ADMINISTRATIVE REPORT
did not contain several specific required RFQ items and information. As such, only the
submittal by Parsons was found to responsive to the RFQ and contains all the required items
and information, in accordance with federal procurement procedures for these types of
services, after Parsons was selected, their cost for providing these services was then
negotiated by the Public Works TRIP staff.
Under Parsons' current Program Management contract, substantial progress has been made
in advancing TRIP over the past five years including:
o Completion of construction of the SR-99/7m Standard Road Interchange and Grade
Separation at the Union Pacific Railroad;
o Completion of construction of the SR-178/Fairfax Road Interchange and extension of
one mile of the SR-178 freeway, for which Parsons provided construction management
services and also provided services to assist City staff in obtaining nearly 60 temporary
easements for building a sound wall adjacent to residences;
o Completion of construction of the extension of Mohawk Street from Rosedale Highway
to Truxtun Avenue, which opened to traffic on June 30, 2011, nearly a year earlier than
originally scheduled;
o The on-going construction of the Westside Parkway Phase 2 project from Mohawk Street
to Allen Road, which is on schedule for a late 2012 opening;
o The on-going construction of the Westside Parkway Phase 4 project which will connect
the Westside Parkway directly to Truxtun Avenue and Includes two long bridges over
the Kern River. This project is scheduled for completion in late 2012, concurrent with the
Phase 2 project;
o The on-going construction of the Westside Parkway Phase 6A project which relocates
utilities, builds a box culvert, and builds a detour for Allen Road all in preparation of the
Phase 6B project. The Phase 6B project will build the Allen Road Interchange, is
planned to be advertised for construction later this month, and is also planned to be
completed by late 2012, concurrent with the Phase 2 project.
Just these projects alone total nearly $200 million in transportation improvements that have
been constructed or are under construction in metropolitan Bakersfield. But much more work,
while less visible but very significant, also continues for TRIP on a daily basis:
o The Draft Environmental Document for the SR-178/Morning Drive Interchange has been
circulated to the public, comments have been received and addressed, and the
Biological Opinion (the final step) has been recently received from the U.S. Fish and
Wildlife Service and is currently being incorporated Into the Final Environmental
Document (FED). The FED should be approved later this month. A consultant has been
selected and an agreement approved by Council for the preparation of construction
plans and specifications for the project; a notice to proceed will be issued once the
FED is approved, anticipated to occur later this month. This project also includes the
extension of the SR-178 freeway for 1.5 miles, to the Mesa Marin ball fields recently
completed. Construction is scheduled to begin in early 2013 and be complete two
years later. Parsons staff developed a plan to lower the freeway portion of this project
east of Morning Drive, which eliminated the need to relocate a major underground gas
Tdw: G:\GR0UPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX
pipeline and saved the project over $6 million.
o The draft environmental document for the 24+h Street improvement projects has been
completed and is undergoing final review by Caltrans, after which it will be circulated
to the public for comments. This circulation is anticipated to occur early next year, with
final environmental clearance expected later next year after which construction plans
will be prepared and right of way acquisition will begin. Construction is scheduled to
begin on the project in mid-2013 and be completed by late 2014. Parsons has
successfully assumed the completion of the engineering work on this project necessary
for approval of the environmental document when the original project consultant was
struggling with various Caltrans requirements.
o The draft environmental documents for the widening of Rosedale Highway has been
completed and is undergoing final review by Caltrans, after which it will be circulated
to the public for comments. This circulation is anticipated to occur early next year, with
final environmental clearance expected later next year after which construction plans
will be prepared and right of way acquisition will begin. Construction is scheduled to
begin on the project in mid-2013 and be completed by late 2014.
o The draft environmental documents for the widening of SR-178 in northeast Bakersfield
have been completed and are being reviewed by Caltrans. It is anticipated that these
documents will be circulated to the public early next year, with final environmental
clearance expected later next year. Preparation of construction plans and right of way
acquisition would begin next year, with construction scheduled to begin in early 2013
and be completed two years later. Parsons completed the initial engineering
document for this project which was necessary to begin the environmental process.
And to avoid potential project delays, Parsons also undertook and completed the
traffic analysis necessary for approving the environmental document.
o The Hageman Flyover and the Centennial Corridor/SR-58 Connector projects are all
well underway and draft environmental documents are expected to be circulated on
these projects next year,
Besides the day to day management of the various consultant teams preparing documents
and plans for the various TRIP projects, Parsons has continued to step in where necessary and
provide the City a considerable amount of additional services not originally contemplated in
their contract budget. These services have been provided by Parsons to meet immediate and
time-critical needs to ensure that the TRIP projects stay on schedule and continue to move
forward, Some specific tasks Parsons has undertaken include:
o Preparing two environmental re-evaluation documents required due to minor
modifications to the Westside Parkway. These modifications occurred after the Tier 2
Environmental Document prepared for the project had been approved and so a re-
evaluation document was required. Parsons also quickly re-evaluated the noise
analysis prepared for the Westside Parkway to include the potential added traffic from
the Centennial Corridor/SR-58 Connector project (which was not originally
contemplated when the Westside Parkway noise study was completed 6-7 years ago).
This resulted in approval by the City Council of a change order to the Westside Parkway
contractor to raise the sound walls to accommodate this potential future traffic and will
save millions of dollars had the walls been raised in the future with the Centennial
project.
Tdw; G:\GROUPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX
o Providing all field biological reviews, inspections, studies, and training for projects under
construction. For all the TRIP projects, any areas where construction activities will take
place must be reviewed for various species and reported on to government wildlife
agencies shortly before construction begins. These agencies also require all
construction personnel on TRIP projects to have training regarding endangered species
prior to their working on the project, and this training is also provided by Parsons.
o Undertaking the engineering work necessary for approval of the environmental
document for the Centennial Corridor project. This new Agreement specifically
includes the extension of that work.
Further examples of additional services include developing a program-wide Kit Fox mitigation
plan, updating the regional traffic model, providing traffic forecasting services and traffic
analysis, and preparation of special visual simulations for Mohawk Street, 7m Standard Road,
the Fairfax/SR 178 interchange, and the Calloway Drive Interchange and the Truxtun Tie-in
portions of the Westside Parkway project. Even with the addition of these extended services,
Parsons has remained under budget on their current contract.
Parsons engineering and traffic staff have a strong relationship with and respect from Caltrans
staff that must review and approve most of the TRIP engineering documents. This relationship
has been a major benefit to both the City and the TRIP program and is why Parsons has
undertaken, and the Agreement proposes to continue, performance of additional services to
deliver the major component of TRIP - the Centennial Corridor SR-58 Connector. These
services, which amount to $7.8 million or 28% of the total proposed Agreement, will expedite
and advance the design and environmental effort for the freeway connection of SR-58 from
east of SR-99 to the new Westside Parkway freeway. This is a considerable undertaking that
will require close coordination with the City, Caltrans, Kern COG and Kern County. Other tasks
Parsons will undertake or continue with as part of the work under this Agreement include:
o Meeting on at least a weekly basis, as has been done for the past five years, to report
to the City Manager and the Public Works Director regarding the status of the program
and individual projects and to discuss various issues in their planning, design and
construction.
o Continuing to ensure compliance with all Federal, State, and local laws, regulations,
rules, and mandates applicable to the Thomas Roads Projects, including compliance
with environmental documents and mitigation measures.
o Providing technical expertise, management, and adequate staffing to keep pace with
required work effort which includes reviewing consultant submittals, tracking consultant
performance, and addressing technical issues as they arise.
o Monitoring and reviewing technical studies, reports and plans for the TRIP projects as
prepared by consultants and coordinate the subsequent review and approval of these
documents by Caltrans and other various government resource agencies.
Tdw; G:\GR0UPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX
o Ensuring that all requirements from environmental mitigation measures and regulatory
permits, as specified in the approved environmental documents for the projects, are
incorporated into the individual project designs,
o Continuing to coordinate with regulatory and permitting agencies to further define
mitigation issues and restrictions for the projects, particularly as they pertain to
construction procedures.
o For projects not on the State Highway System, providing constructability and value
engineering reviews at various stages of design and plan preparation.
o Maintaining and updating the master cost analysis and schedule for the various TRIP
Projects.
o Maintaining the Project Controls System that includes the TRIP schedule, cost/budget,
configuration management, and document control components. Primavera software
will continue to be utilized for this work,
o Recommending design and construction project packaging, based on analysis of
proposed project phasing, efficient contract sizing, and other considerations.
o Assisting City staff with preparation of Requests for Qualifications/Proposals to
consultant firms for final design services and the preparation of construction plans for
the various TRIP projects,
o Continuing to publish, in coordination with the City and Caltrans, an annual Progress
Report that highlights the advances made during the prior fiscal year.
o Preparing and coordinating public news releases and traffic advisories, particularly as
they relate to on-going construction.
o Assisting and supporting the City and KernCOG in obtaining State and Federal funding
from various sources and programs. This includes programs administered by the
California Transportation Commission and the Federal Highway Administration.
o Updating the Annual Financial Plan for TRIP required by SAFETA-LU for the Federal
Highway Administration. This will also Include annual updates of Project Descriptions.
o Assisting the City in programming expenditures of City funds required to match federal
funds and to complete delivery of the program.
o Representing TRIP as required and requested at public meetings, public hearings and at
service organization meetings.
o Providing additional technical expertise as required to expedite delivery of the TRIP
projects. Parsons has already provided such things as traffic demand forecasting,
traffic engineering, environmental document preparation, noise studies, geometric
design of highways, structure design, construction management, risk analysis and cost
Tdw; G:\GROUPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX
estimating; and they will continue to provide similar types of these filling the gap
services as needed preventing delays to the delivery of the various TRIP projects.
o Assuming management responsibility for of the delivery of the environmental phase of
the Centennial Corridor/SR-58 Connector Project.
Over the next 5 years, it is expected that:
o Construction of the Westside Parkway between Allen Road and Heath Road/Stockdale
Highway will be completed;
o Construction of the Morning Drive/SR 178 Interchange will be completed;
o Widening of 24th Street and Improvements at the Oak Street/24th Street Intersection will
be completed,
o Construction of improvements and the widening of Rosedale Highway from SR 99 to
west of Calloway Drive will be completed;
o Widening and Improvements on SR 178 from Canteria Drive to Miramonte Drive will be
completed;
o Construction of the Hageman Road Flyover across SR 99 will be underway;
o Construction of the SR 58 Centennial Corridor between the Westside Parkway and
Cottonwood Road will be underway.
This Agreement is for a 5 year period that extends until June 30, 2016. This Agreement also
contains several termination clauses so that it can be terminated at anytime by the City due
to non performance, lack of funding, or even without any cause with a 30 day notification.
Parsons was originally selected to manage the TRIP program based on their experience and
qualifications. Since Parsons' selection over 5 years ago, staff has been generally pleased with
their performance. Parsons has developed familiarity with the TRIP projects and relationships
with agencies on behalf of the City. TRIP is a complicated, intricate program that involves
coordination with, and often approval from, many local, state and federal agencies, many of
which have processes that can be frustratingly slow. Staff has learned that maintaining good
communication with these various agencies is the best way to advance the TRIP projects, and
Parsons has competently represented the interests of the City in these on-going
communications.
Funding for these Program Delivery/Engineering and Environmental Support Services will come
primarily from the federal earmarks received under SAFETEA-Lu, with about 12% of the cost of
these services paid from local matching funds. As was structured in the initial Agreement,
funds have continued to be appropriated by the City Council on an annual basis through the
Capital Improvement Budget to fund that Agreement; this process will need to continue in
subsequent fiscal years to fund this new Agreement. Staff recommends approval of the
Agreement.
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ADMINISTRATIVE REPORT
The original RFQ issued in 2005 and the subsequent agreement with Parsons had indicated the
anticipation of amending that contract in the future to add both additional time as well as
funding. Last spring, staff began the process with Parsons of developing scope and costs for a
proposed amendment to this contract but during this process, the Federal Highway
Administration (FHWA) recommended that instead a new RFQ should be issued for the
continuation of additional services. This new RFQ process resulted in delaying the City from
being able to award a contract for these additional services for several months. During this
time, Parsons and their team of 12 sub-consultants have continued with advancing the TRIP
projects under their original agreement as otherwise, progress on the projects would have had
to have been slowed or potentially even halted while waiting for a new agreement. Final
invoicing and accounting of the original agreement will not be concluded for several months
but once completed, there will likely need to be a concluding amendment for several
hundred thousand dollars to the original contract to allow final reconciliation of that
agreement.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City
Clerk's Office for review.
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F 6AK~
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ADMINISTRATIVE REPORT
cgLIFO
MEETING DATE: September 14, 2011 AGENDA SECTION: Deferred Business
ITEM: y,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 25, 2011
Traffic Signal, Lighting System, and Median Modification on California Avenue
and Chester Avenue (Wards 1 and 2):
1. Accept bid and approve contract to PTM General Engineering Services, Inc.
($237,037.00) for project.
2. Appropriate $30,000 Gas Tax fund balance to the Public Works Department's
Capital Improvement Budget.
APPROVED
DEPARTMENT HEAD I NV
CITY ATTORNEY V6--'
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract
and appropriation.
BACKGROUND: This project consists of modifying the existing traffic signal and lighting system
to current State of California Department of Transportation standards. This project also includes
constructing pavement to widen the left-turn channelization lanes of California Avenue
eastbound to Chester Avenue northbound, and modifying existing pavement markings and
striping. Access ramps will be constructed to meet current American with Disabilities Act (ADA)
requirements.
This item was included on the August 17, 2011, City Council agenda. Councilmember Salas
referred this item back to staff to assess if an Audible Pedestrian Signal (APS) system should be
installed at this intersection. The APS system provides pedestrians with visual disabilities an
audible indication that a walk phase has been activated.
In response to Councilmember Salas' referral, staff follows federal transportation guidelines in
installing APS devices. The Manual on Uniform Traffic Control Devices (MUTCD), issued by the
Federal Highway Administration, is the national standard for all traffic control devices including
APS. Section 4E.06 of the California MUTCD 2003 edition states, "If a particular signalized
location presents difficulties for pedestrians who have visual disabilities to cross reasonably,
safely and effectively, an engineering study should be conducted that considers the safety
and effectiveness for all pedestrians in general, as well as the information needs of pedestrians
with visual disabilities." The MUTCD provides information in conducting such a study and the
decision-making process for determining if there is a need for an APS.
Installation of APS devices are made on a case by case basis and are normally in response to
public requests. Public requests for APS devices are reviewed by staff in compliance with
MUTCD standards. Currently, there are no outstanding public requests for APS devices. The City
currently maintains over 375 signalized intersections. Of these, 13 intersections have APS
devices. City staff has installed all 13 of the APS devices at an approximate cost of $3,000
C:\Users\Rstarbuc\Documents\T1K213_SIG_MOD_CALIFCHESTER - Revised (3).Doc
ADMINISTRATIVE REPORT
each. On average, three APS devices are installed annually by City staff. Therefore, staff
recommends award of this bid without the addition of APS devices for the following reasons:
• Installation of APS devices should be in compliance with federal MUTCD regulations. A
particular intersection should undergo an engineering study that takes into account
many variables including the needs of pedestrians with visual disabilities. Past
experience has indicated a negative public response at unwarranted APS intersections
due to noise pollution, especially in areas in close proximity to residential
neighborhoods. Staff recommends deferring the decision of whether to install an APS
device at this intersection until actual field data becomes available.
• Installation of APS devices have historically been performed by City staff and not by
contractors. If an APS device becomes warranted at this intersection, City staff can
install the device at a cost of $3,000.
The project is funded with both gas tax funds and traffic impact fees. The portion of the
project related to widening the left-turn channelization, which then establishes three
eastbound lanes on California Avenue, is a Gap Project within the Transportation
Development Fund program.
On June 22, 2011 a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
PTM General Engineering Services, Inc
5942 Acorn Street
Riverside, California 92504
in the amount of $237,037.00
A-C Electric Company
2921 Hangar Way
Bakersfield, California 93308 (County)
Loop Electric Inc.
7040 Downing Avenue
Bakersfield, California 93308 (County)
in the amount of $242,745.70
in the amount of $248,187.20
An additional appropriation of $30,000 within the Gas Tax Fund is required for the award of this
project. There is no General Fund impact associated with this project.
RLT
C:\Users\Rstarbuc\Documents\T1K213_SIG_MOD_CALIFCHESTER - Revised (3).Doc
MEETING DATE: September 14, 2011 AGENDA SECTION: Deferred Business
ITEM: , h ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: September 6, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Proposal to Create a Housing Incentive Task Force
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: This item was brought before Council at the regular meeting of August 17,
2011. Vice Mayor Couch asked that it be deferred to the meeting of September 14, 2011 in
order to allow additional time to consider who will be appointed to the Committee.
At the regular meeting of the City Council on June 29, 2011, the City Council voted 6-1 to ratify
the Majority Report of the Planning and Development Committee, which was to not provide a
General Fund subsidy to new home buyers.
Councilmember Weir then asked that the Vice Mayor consider establishing a task force that
would specifically focus on what can happen to stimulate and prod the building of new homes
in our community.
For several months prior to June 29, 2011, the Planning and Development Committee met to
consider several variations of how fee reductions might be used to spur housing construction.
Those ideas were not carried forward for two main reasons: 1) The subsidy could not total
enough to offset the difference in cost between foreclosure/short sales and the cost of new
homes; and, 2) The City had already prevailed in a legal challenge to its fees, and was using
the validated fees to defend against three other lawsuits.
There may be other methods to look at ways to stimulate the housing market. Some of them
follow below:
At the June 29, 2011 meeting, Donna Carpenter raised the question of "transferring some
of the permit fees to the property taxes." That subject had also arisen earlier in
Committee deliberations. A memorandum from Finance Director Nelson Smith is
attached on that subject. Please note that there are certain complexities related to this
concept.
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9/6/2011 10:28 AM
A
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ADMINISTRATIVE REPORT
City staff conducted an internet search of alternatives to a fee-based housing stimulus
program. A copy of that report is attached. The programs are nearly all similar to the
proposal that did not receive approval by the City Council on June 29, 2011.
Staff notes that during the time adoption of the current traffic impact fees was being
considered, City staff recommended a 10% economic recovery period discount. That
proposal passed the nexus test because fees were to be raised adequately in future
years to fully recover the lost revenues. Kern County believed, however, that the
discount was illegal. In order to have a common fee, the City dropped the proposal.
The joint City-County fee is what will survive the legal challenge. The County could be
approached again to see if their view of the matter has changed.
The City adopted a one-year extension of final maps as an economic incentive. The
State legislature recently authorized another two-year extension of vested maps.
A Housing Incentive Task Force may envision possible incentives beyond those considered by
the Planning and Development Committee, or those items mentioned in this administrative
report.
Staff would respectfully request that such a task force not restudy the ideas recently considered
and rejected by the Planning and Development Committee and City Council.
Summary
The Vice Mayor may nominate the members of a Task Force for City Council confirmation.
The City Council may consider a time limit for such a task force to report back to the City
Council, if created.
The City Council may have other ideas, recommendations or guidance to provide relative to
the task force.
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 17, 2011
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 Couch,
Councilmembers Salas, Weir, Hanson,
Sullivan, Johnson
Absent: Councilmember Benham
2. INVOCATION by Pastor Toure Tyler, The Cross Christian
Church.
3. PLEDGE OF ALLEGIANCE by Vice-Mayor Couch.
Mayor Hall acknowledged the students from Valley Oaks
Elementary School and Freedom Elementary School in
attendance at the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Susan Hershberger, 2011 John Brock Community
Service Award winner, declaring September 8,
2011 as Susan C. Hershberger Day.
Ms. Hershberger accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. LaQuette Milner, Director of LQ's Performing
Arts Center, spoke regarding a special program
being offered during August and September for
dance classes or to sponsor a child for $20, and
submitted written material; she also announced
that a new production, "Hip-Hop Wizard of Oz",
will be coming to Bakersfield in February.
ACTION TAKEN
Councilmember Sullivan announced she will be
making a donation to help the students.
Bakersfield, California, August 17, 2011 - Page 2
5.
6.
7.
8.
PUBLIC STATEMENTS continued
b. Jack Rademacher spoke regarding our city's
air quality.
WORKSHOPS
None.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 13, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
July 1, 2011 to August 3, 2011 in the amount of
$25,125,711.55 and self-insurance payments
from July 1, 2011 to August 3, 2011 in the
amount of $1,522,816.26, totaling 26,648,527.81.
Ordinances:
C. Adoption of Ordinance amending Municipal
Code Section 14.12.390, Subsections B and C,
relating to sewers. (FR 07113111)
d. Adoption of Ordinance amending Chapter
5.08 of Municipal Code relating to alarm
regulations. (FR 07113111)
e. Adoption of Ordinance amending Municipal
Code Sections § 1. 12.040 and § 1. 12.070 by
adding Annexation No. 548 consisting of 567.66
acres located along the south side of Stockdale
Highway, west of Renfro Road and Annexation
No. 608 consisting of 287.88 acres located
along the south side of Seventh Standard Road,
north of Snow Road and west of Coffee Road
to Ward 4; and Annexation No. 627 consisting of
4.78 acres located along the east side of Stine
Road between McKee Road and Taft Highway
to Ward 7. (FR 07113111)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4649
ORD 4650
Bakersfield, California, August 17, 2011 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
First Reading of Ordinance determining the City
will comply with the Voluntary Redevelopment
Program pursuant to Part 1.9 of Division 24 of
the California Health and Safety Code in order
to permit the continued existence and
operation of the Bakersfield Redevelopment
Agency.
Resolutions:
g. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and authorize
collection of the assessments by the Kern
County Tax Collector. (Assessment hearing held
7/11/11)
h. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and authorize
collection of the assessments by the Kern
County Tax Collector. (Assessment hearing held
818111)
i. Resolution approving application for
annexation of uninhabited territory to the City
identified as Annexation No. 622 consisting of
.18 acres located at 4724 Frazier Avenue.
Resolution amending the official list of
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
k. Resolution determining that bidding for City
radio communications equipment cannot be
reasonably obtained through the usual bidding
procedures because of the need to integrate
into the existing City radio infrastructure and
authorizing the Finance Director to dispense
with bidding therefor, not to exceed $145,000.
REMOVED FOR
SEPARATE
CONSIDERATION
RES 071-11
RES 072-11
RES 073-11
RES 074-11
RES 075-11
Bakersfield, California, August 17, 2011 - Page 4
8. CONSENT CALENDAR continued
Resolution determining that Bioxide, a
proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing Finance Director to
dispense with bidding thereof for a period of
one year, not to exceed the budgeted amount
of $800,000.
M. Purchase of Mark VII car wash equipment:
Resolution determining that Mark VII car
wash equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $100,000.
2. Agreement with Banks & Company (not
to exceed $100,000) to supply and install
replacement Mark VII car wash
equipment.
n. Holmatro Rescue Equipment:
Resolution determining that Holmatro
rescue equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $70,000.
2. Approve the purchase of three
replacement Halmatro rescue tools from
FS3 for total not to exceed $70,000.
o. Repair and replacement of Mesa Marin Sports
Complex water pump station:
Resolution determining that the timely
repair and replacement of the water
pump station cannot be reasonably
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding
therefor and request water pump station
repair and replacement services from
Kern Sprinkler Landscaping, Inc. not to
exceed $102,000.
ACTION TAKEN
RES 076-11
RES 077-11
AGR I1-082
RES 078-11
RES 079-11
Bakersfield, California, August 17, 2011 - Page 5
8. CONSENT CALENDAR continued
Item 8.o. continued
2. Agreement with Kern Sprinkler
Landscaping, Inc. (total not to exceed
$102,000) to repair and replace water
pump station at Mesa Marin Sports
Complex.
3. Appropriate $102,000 from the Self-
Insurance Fund to the Self-Insurance
Operating Budget for project.
P. Disposal of real property located west of Union
Avenue and north of Hopper Court (24th Street):
1. Resolution declaring real property surplus
to the needs of the City.
2. Quitclaim Deed to Hopper Properties,
LLC conveying surplus property,
q. Resolution of Intention No. 1694 to add territory,
Area 4-102 (2408 & 2420 Eye Street) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Resolution of Intention No. 1695 to add territory,
Area 3-82 (2739 Panama Lane) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
S. Final Tract Map and Improvement Agreement
with Adavco, Inc. and Lantz Family, LP for Tract
7216 located east of Windermere Street and
north of Panama Lane.
Fire Department Training Agreements:
Agreement with Kern Community
College District and County of Kern for
instructional services.
2. Memorandum of Understanding with
Kern Community College District and
County of Kern to maintain, upgrade
and operate the Olive Drive Training
Facility.
ACTION TAKEN
AGR 11-083
RES 080-11
DEED 7480
ROI 1694
ROI 1695
AGR I1-084
AGR 11-085
AGR 11-086
Bakersfield, California, August 17, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.t. continued
3. License Agreement with Kern
Community College District and County
of Kern for Olive Drive Training Facility.
U. Agreement with T.Y. Lin International (not to
exceed $3,550,000) for SR-178 and Morning
Drive Interchange Project design services.
(TRIP)
V. Agreement with Pacific Gas & Electric Co.
($201,622) for the relocation of electric
distribution facilities in conflict with City's
Westside Parkway Phase 6A. (TRIP)
W. Amendment No. 1 to Agreement No. 10-072
with County of Kern ($160,500; revised not to
exceed $560,500) for reimbursement of
professional service costs for right-of-way of the
7th Standard Road Widening Project. (TRIP)
X. Hangar Lease:
1. Assignment of Agreement No. 93-63 from
Don Paul Martin to George S. Sturges, Jr.,
for Hangar A-9 at the Municipal Airport.
2. Amendment No. 1 to Agreement
No. 93-63 with George S. Sturges, Jr.,
extending term of lease.
Y. Amendment No. 9 to Agreement No. 04-214
with Parsons Water and Infrastructure (no
change in total compensation) to transfer
$60,000 from the Solar Energy Project scope of
work to the Plant 3 Expansion phase of work for
the Wastewater Treatment Plant 3 Expansion
Project design services.
Z. Amendment No. 1 to Agreement
No. 10-096/RA 10-008 with the City for use of
Federal HOME Investment Partnership Funds
($250,000; revised not to exceed $1,550,000) for
affordable housing located at the 19th Street
Senior Plaza Project.
aa. Amendment No. 1 to Agreement No. 10-144
with Ennis Paint, Inc. ($50,000; revised not to
exceed $198,221.31 and extending term one
year) for traffic paint.
AGR 11-087
AGR 11-088
AGR 11-089
AGR 10-072(1)
AGR 93-63(A)
AGR 93-63(1)
AGR 04-214(9)
REMOVED BY STAFF
AGR 10-144(1)
Bakersfield, California, August 17, 2011 - Page 7
8. CONSENT CALENDAR continued
bb. Amendment No. 1 to Agreement No. 10-132
with Jim Alfter Cement Contractor ($500,000;
revised not to exceed $2,709,172 and
extending term for one year.
CC. Amendment No. 1 to Agreement No. 10-1 13
with Zim Industries, Inc. dba Bakersfield Well and
Pump Co. (no increase in amount; extends term
for two years) for maintenance and repair of
the Olcese Wells.
dd. Contract Change Order No. 1 to Agreement
No. 10-057 with System 3, Inc. ($26,118.16;
revised not to exceed $5,385,136.16) for the
Wastewater Treatment Plant No. 3 Solar
Photovaltaic Project.
ee. Contract Change Order Nos. 1 through 3 to
Agreement No. 1 1-035 with GSE Construction,
Inc. ($245,018; revised not to exceed
$4,933,018) for the Wastewater Treatment Plant
2 Septage/Grease Receiving Station and Odor
Control Project.
Bids:
ff. Reject all bids for the four door police special
sedans for the Police Department.
gg. Extend bid from Golf Ventures West
($142,585.09) for three replacement diesel
powered rotary mowers for the Recreation and
Parks Department.
hh. Extend bid from Kern River Power Equipment,
Inc. ($63,261.41) for five replacement riding
mulching lawn mowers for the Recreation and
Parks Department.
ii. Accept bid from Gibbs Truck Center
($95,989.44) for one replacement brush truck for
the Recreation and Parks Department.
jj. Accept bid from Bakersfield Truck Center
($148,948.07) for one replacement water truck
with 3,000 gallon capacity for the Streets
Division.
ACTION TAKEN
AGR 10-132(1)
AGR 10-113(1)
AGR 10-057
CCO1
AGR I1-035
0001, 0002, 0003
Bakersfield, California, August 17, 2011 - Page 8
8. CONSENT CALENDAR continued
kk. Accept bid from Municipal Maintenance
Equipment, Inc. ($302,431.51) for one
replacement mechanical rear broom street
sweeper for the Streets Division.
Accept bid from Jim Burke Ford ($266,523.29)
for three replacement aerial lift trucks for the
General Services Division.
mm. Accept bid from Refuse Power Systems
($257,185.50) for two replacement side loader
automated refuse bodies for the Solid Waste
Division.
nn. Traffic Signal, Lighting System and Median
Modification - California Avenue and Chester
Avenue Project:
1. Accept bid and approve contract with
PTM General Engineering Services, Inc.
($237,037) for project.
2. Appropriate $30,000 Gas Tax fund
balance to the Public Works Department
Capital Improvement Budget.
oo. Accept bid and approve contract with Loop
Electric, Inc. ($107,550.51) for construction of
Traffic Signal and Lighting System at the
Intersection of Olive Drive and Verdugo Lane
Project.
pp. Mill Creek Linear Park Sister City Gardens Project
- Phase A:
Accept bid and approve contract with
Rock Bottom, Inc. ($1,100,000) for
construction of project.
2. Appropriate $200,000 Redevelopment
Agency (RDA) reimbursement to the
Public Works Capital Project Budget
within the Capital Outlay Fund for the
project.
qq. Accept bid and approve contract with
Raminha Construction, Inc. ($3,368,908) for
construction of Bakersfield City Sanitary Landfill
Final Closure Project.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 11-094
AGR 11-090
AGR 11-091
Bakersfield, California, August 17, 2011 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
rr. Accept bid and approve contract to Granite AGR 11-092
Construction Co. ($1,063,104) for the Pavement
Rehabilitation 2011 Phase 4 - Ming Avenue from
Wible Road to Hughes Lane.
ss. Accept bid and approve annual contract with AGR 71-093
Badget Meter, Inc. (not to exceed $593,763.94)
to supply water meters.
Miscellaneous:
tt. Appointment of voting delegate for 2011
League of California Cities Annual Conference.
(Staff recommends appointment of Vice-Mayor
Couch as delegate.)
City Clerk Gafford announced that a memorandum
was received from staff providing clarification to item
8.c. regarding an ordinance pertaining to sewers, and
staff has requested that item 8.z. be pulled from the
agenda.
Councilmember Johnson requested that item 8.f. be
removed for separate consideration.
Councilmember Salas requested that item 8.nn. be
removed for separate consideration.
Vice-Mayor Couch requested that item 8.c. be
removed for separate consideration.
Motion by Vice-Mayor Couch to adopt Consent
APPROVED
Calendar items 8.a. through 8.tt., with the deletion of
AB BENHAM
8.z., and the removal of items 8.c., 8.f., and 8.nn. for
separate consideration.
C. Adoption of Ordinance amending Municipal
ORD 4648
Code Section 14.12.390, Subsections B and C,
relating to sewers. (FR 07113111)
APPROVED
Motion by Vice-Mayor Couch to adopt Consent
AB BENHAM
Calendar item 8.c.
Bakersfield, California, August 17, 2011 - Page 10
8.
CONSENT CALENDAR continued ACTION TAKEN
f. First Reading of Ordinance determining the City FR
will comply with the Voluntary Redevelopment
Program pursuant to Part 1.9 of Division 24 of
the California Health and Safety Code in order
to permit the continued existence and
operation of the Bakersfield Redevelopment
Agency.
Councilmember Johnson requested that the payment
to the State be delayed until the last day possible.
Councilmember Johnson asked that staff, prior to the
second reading of this ordinance, look into why some
jurisdictions, like Hanford and Desert Hot Springs, have
opted to delay their second readings.
Motion by Councilmember Johnson to give First APPROVED
Reading to the Ordinance. AS BENHAM
nn. Traffic Signal, Lighting System and Median
Modification - California Avenue and Chester
Avenue Project:
1. Accept bid and approve contract with
PTM General Engineering Services, Inc.
($237,037) for project.
2. Appropriate $30,000 Gas Tax fund
balance to the Public Works Department
Capital Improvement Budget.
Motion by Councilmember Salas to modify the
agreement to Include audible signals for those
intersections and refer to committee to develop a
general policy for ADA compliance at major
Intersections throughout the City.
City Attorney Gennaro advised that in order to
approve the motion Council would have to reject the
bids and re-bid the project since the original bid did
not include the audible signal.
Motion by Councilmember Salas to refer Consent APPROVED
Calendar Item 8.nn. to the next City Council meeting. AB BENHAM
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
Bakersfield, California, August 17, 2011 - Page 11
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel; Closed Session
pursuant to subdivision (b) (3) (A) of Government
Code Section 54956.9. (One matter)
Motion by Vice-Mayor Couch to adjourn to Closed
Session at 5:50 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed
Session at 7.40 p.m.
RECONVENED MEETING AT 7:48 p.m.
11. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel; Closed Session
pursuant to subdivision (b) (3) (A) of Government
Code Section 54956.9. (One matter)
12. REPORTS
a. Report by City Manager regarding an event
schedule.
Administrative Analyst Huot made staff comments,
recommended Council receive and file the report,
and asked for direction regarding receiving future
event schedule information.
Councllmember Salas suggested utilizing social
mediums and asked staff to come back with a
recommendation as to which social medium could be
used to promote events; and he also asked for
Information regarding utilizing a reverse phone tree
system to notify the surrounding neighborhood
whenever a concert Is being held.
ACTION TAKEN
NO REPORTABLE
ACTION - STAFF
GIVEN DIRECTION
NO REPORTABLE
ACTION - STAFF
GIVEN DIRECTION
Councllmember Johnson advised that receiving the
information in the Friday General Information memo is
sufficient for him.
Bakersfield, California, August 17, 2011 - Page 12
12. REPORTS continued ACTION TAKEN
Item 12.a. continued
Councilmember Couch stated that he agreed with
Councilmember Johnson's suggestion.
Councilmember Sullivan advised that the purpose of
presenting the report at the Council Meeting is for the
benefit of the public, that it is an inexpensive way to
promote the excellent activities the City has to offer,
and that she would like these reports put on the
Council meeting agendas at least once a month.
Mayor Hall pointed out that each week The Bakersfield
Californian, in Its Entertainment section on Thursdays,
does a very good job of highlighting all of the City
activities, so there is additional opportunity there for
the public to be able to monitor the activities that are
being conducted in the City.
In response to a question by Vice-Mayor Couch,
Administrative Analyst Huot advised that City events
are posted on Rabobank's website as well as the
City's Recreation and Parks Department's website,
depending on the nature of the event.
Motion by Vice-Mayor Couch to receive and file the APPROVED
Report. AB BENHAM
b. Ward Reapportionment.
Planning Director Eggert made staff comments and
provided a PowerPoint presentation.
City Attorney Gennaro made staff comments.
Councilmember Johnson requested that as the
process moves forward he wants to ensure that the
public has enough ample opportunity to speak and
provide feedback; and that if staff has an option they
want to bring forward, please don't do so at the last
minute, so the public has more than enough time to
comment and participate in the process.
In response to a question by Vice-Mayor Couch, City
Attorney Gennaro advised that this process needs to
be completed prior to October 22nd of next year;
however, she suggested a much quicker time pace
than that, such as January or February of 2012.
Bakersfield, California, August 17, 2011 - Page 13
12. REPORTS continued
Item 12.b. continued
Councilmember Weir requested that a link be placed
on the City's homepage that would easily direct the
public how to find the proposed concepts.
Councilmember Sullivan asked Planning Director
Eggert to provide a copy of the variations In Council's
Friday delivery.
13. HEARINGS
None.
14. DEFERRED BUSINESS
a. Proposal to create a Housing Incentive Task
Force.
City Manager Tandy made staff comments.
Vice Mayor Couch asked that anyone who has any
particular ideas for this committee to consider, to
please submit them so staff can review them early In
the process, and he also requested that this Item be
deferred until the next Council meeting.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested that the Budget
and Finance Committee review the policy on rotation
of auditors.
Councilmember Johnson requested that the Budget
and Finance Committee review our wastewater
variable as it relates to our bonds.
Councilmember Johnson requested that the Safe
Neighborhoods Committee review an issue being
considered by the State Attorney General of
consolidating databases and merging them together.
ACTION TAKEN
Bakersfield, California, August 17, 2011 - Page 14
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Johnson advised he received an
e-mail from a constituent regarding excessive noise in
vehicles and that he is going to invite him to make a
public presentation at the Safe Neighborhoods
Committee regarding this matter.
Councilmember Johnson thanked Building Director
Burns and his team for working with him and a local
business that has been very accommodating in
solving a neighborhood problem.
Councilmember Sullivan expressed her concern about
the condition of the litter on the freeway, specifically
from Ming to California avenues; she also mentioned
that the off ramp has not been getting any water for
weeks; and she commended the appearance and
improvements in the downtown area.
Councilmember Sullivan announced that on August
4th, In God We Trust America had their 7th annual
celebration of the 55th anniversary of the national
motto, and there was a wonderful turnout and guest
speaker Michael Reagan did an excellent job
promoting patriotism; there are now almost 90 cities in
California that display the national motto in their
county and city chambers; and she expressed her
appreciation to Councilmembers Salas, Weir and
everyone who attended the event.
Councilmember Sullivan mentioned that George
Raymond Boden, the father of her four children,
passed away unexpectedly on August 9th at the age
of 78.
Councilmember Salas thanked his online supporters
that continue to join him for a virtual chat prior to each
Council meeting, and advised that the next one will
be at a different website, www.rud)dorbakersfield.com.
Councilmember Salas thanked the Fire Department for
hosting another kids' fire safety academy with local
residents, which will be on Saturday, September 20th.
Councilmember Salas invited everyone to the ribbon
cutting/grand reopening at 2:00 p.m. tomorrow of the
Friendship House Community Center and he thanked
the City for its leadership in helping bring this about.
Bakersfield, California, August 17, 2011 - Page 15
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Solos thanked Public Works for the
street work being done in Ward 1 and for recently
redoing the street in front of the fairgrounds.
Councilmember Solos asked Public Works Director
Rojas to follow up with him regarding an issue with
Mr. Wallace.
Councilmember Solos asked Public Works Director
Rojas to follow up with him to resolve an issue
regarding Mr. Davidson, who collected signatures from
his neighbors for an issue in the neighborhood.
Vice-Mayor Couch thanked the City Manager and
staff for working diligently with PG&E to take down the
cooling towers and possibly the Quonset huts at the
Kern Power Plant at the corner of Rosedale Highway
and Coffee Road, which has been an eyesore of
Bakersfield for many years.
Vice-Mayor Couch asked staff to give him a call
regarding several referrals.
Mayor Hall announced that on July 27th, he had the
opportunity to go to the new Federal Courthouse
construction project and meet with the representatives
of the construction firm and saw how they put up the
walls and learn what they are doing to build the
courthouse; and the construction company had many
favorable comments regarding how City staff has
treated them.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:20 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield