HomeMy WebLinkAbout07/18/07_CC_AGENDA_ PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
JULY 18, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. WORKSHOPS
4. CONSENT CALENDAR
(Ward 4)
(Ward 5)
(Ward 1,2,6,7) g.
(Ward 4) * i.
Minutes:
a. Approval of minutes of the June 20, 2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from June 8, 2007 to July 6, 2007 in the amount of
$31,508,463.70 and self-insurance payments from June 8,2007 to July 6,2007 in the
amount of $457,367.73.
Ordinances:
First Reading of Ordinance approving a Negative Declaration and amending Title 17
(Zone Map No. 101-34) of the Municipal Code by changing the zoning from E (Estate) to
C-1/PCD (Neighborhood Commercial/Planned Commercial Development) on 2.98 acres
located on the southwest corner of Renfro Road and future Brimhall Road. (ZC 07-0768)
(Applicant: Porter-Robertson Engineering/Property Owner: Froelich, Inc.)
First Reading of Ordinance amending Title 17(Zone Map Nos. 102-31 & 102-32) of the
Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-2
(Regional Commercial) on 5.02 acres and from R-1 (One Family Dwelling) to C-2 on .47
acres located at the southeast corner of Calloway Drive and Brimhall Road. (ZC 06-1660)
(Applicant: M.S. Walker & Associates, Inc./Property Owner: Bakersfield Center Limited, LLC)
Adoption of Ordinance amending Chapters 5.48, 12.16 and 12.20 of the Municipal Code
regarding video service providers. (FR 06/20/07)
Adoption of Ordinance amending Chapter 5.14 of the Municipal Code regarding cabaret
permits. (FR 06/20/07)
Resolutions:
c.
d.
e.
f.
h.
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of weeds, debris and
waste matter and authorize collection of the assessments by the Kern County Tax Collector.
Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers pursuant to California Government Code Section 34090, et
seq. (Public Works Department.)
Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 553 consisting of 25.01 net acres located on
the north side of Rosedale Highway west of Allen Road.
j. Resolution authorizing participation in the State of California Department of General Services
State and Federal Surplus Property Program.
(Ward 2)
4. CONSENT CALENDAR continued
k.
(Ward 4,5)
(Ward 1)
(Ward 4)
(Ward 1,2,5)
Purchase and installation of Trane HVAC Control System for 1600 Truxtun Avenue:
1. Resolution determining that the HV AC Control System cannot be obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $200,000.
2. Agreement with Trane Company ($200,000) to furnish and install the system.
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 the Finance Director to dispense with bidding thereof for a period
of one (1) year, not to exceed budgeted amount of $500,000.
m. Resolution determining that bidding for Police radio communications equipment cannot be
reasonably obtained through the usual bidding procedures due to the need to integrate into
the existing Police radio infrastructure, and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $1,000,000.
I.
n.
Sewer Connection and Construction Fee Assessments:
1. Resolution confirming assessments for sewer connection fee, including construction
fee, and authorizing collection of assessments by Kern County Tax Collector.
2. Agreements to pay sewer connection and construction fee in installments and notice
of special assessment lien with:
a. Linda C. Swidecki for 124 N. McDonald Way
b. Gerald J. & Ester Trillo for 223 N. Stine Road
c. Javier A. & Francisca Duran for 19 Suzanne Street
d. Michael Freiberg for 219 N. Stine Road
e. Aaron & Sherri Mena for 121 N. McDonald Way
f. Thelma J. Davis for 116 Candy Street
g. Anna Toy for 100 N. McDonald Way
h. Augustine & Brenda Lopez for 100 Suzanne Street
i. Hugo Lopez for 129 N. McDonald Way
Sewer Connection Fee Assessments for 11706 Jenlee Avenue:
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Isaac E. & Rosa M. Garza to pay sewer connection fee in
installments and notice of special assessment lien.
Resolutions adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector for the following:
1. Area 3-71 (Mountain Vista, Panama SE)
2. Area 4-78 (King, Kentucky NW)
3. Area 5-38 (Cottonwood, Casa Loma SW)
o.
p.
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City Council Meeting of 07/18/2007
(Ward 3)
(Ward 4)
(Ward 4)
(Ward 5,6)
(Ward 5)
(Ward 1)
(Ward 3,4)
(Ward 2,4)
(Ward 3)
(Ward 2)
(Ward 2)
4. CONSENT CALENDAR continued
Resolution of Intention No. 1546 to add territory, Area 4-47 (Alfred Harrell, Lake Ming SE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1544 to order the vacation of a 25 foot wide sewer pipeline
easement at the northeast corner of Stockdale Highway and Buena Vista Road.
Resolution of Intention No. 1545 to order the vacation of a 15 foot wide public utility
easement located north of Stockdale Highway and east of Buena Vista Road.
Agreements:
q.
r.
s.
t.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Lennar Homes of California for Tract
6290 Unit 4 located south of McKee Road and west of Stine Road.
2. Final Map and Improvement Agreements with Standard Pacific Corp., for Tract 6387
Phase 1 located at the northeast intersection of McCutchen Road and Mountain
Ridge Drive.
3. Final Map and Improvement Agreements with Centex Homes, for Tract 6578 Units 6
& 7 located at the southeast corner of Pensinger Road and S. Allen Road.
Bridle Creek Park (Midnight Creek Way and White Rock Lane):
1. Agreement with Old River Road, LLC, for dedication of 3.23 net acres and purchase
of 5.7 net acres ($481,950) in Vesting Tentative Tract 6359 located on the northeast
corner of Old River and McCutchen Roads to the City for park purposes and
development ($1,199,000) of Bridle Creek Park.
2. Appropriate additional $66,450 Park Development Fund balance from the Southwest
Acquisition - Zone 1 to the Recreation and Parks Capital Improvement Project
budget for purchase of the property.
Agreement with Bakersfield Police Activities League (PAL) ($41,000 Community
Development Block Grant Funds) to re-roof the PAL Youth Center facility at 301 E. 4th Street.
Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-
2247; Saco Ranch Project generally located at the southeast and southwest corners of
Coffee and Seventh Standard Roads.
1. Agreement with Bidart Brothers ($193,570) for the preparation of EIR.
2. Agreement with RBF Consulting ($193,570) to prepare EIR.
3. Appropriate $193,570 (developer's contribution) to the Development Services
Operating budget in the General Fund.
Agreement with HNTB Corporation ($3,388,500) for engineering and environmental services
for the widening of Rosedale Highway. (TRIP)
Agreement with PSOMAS Corporation ($1,301 ,008) for engineering and environmental
services for the SR-178 and Morning Drive Interchange. (TRIP)
Agreement with RBF Consulting Corporation ($1,858,193) for engineering and environmental
services for the widening of 24th Street (SR-178). (TRIP)
Agreement with RBF Consulting Corporation ($1,513,799) for engineering and
environmental services for the 24th Street and Oak Street Interchange. (TRIP)
u.
v.
w.
x.
y.
z.
aa.
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City Council Meeting of 07/18/2007
(Ward 3)
(Ward 1)
(Ward 4)
(Ward 1)
(Ward 5,6)
(Ward 1)
(Ward 6)
(Ward 1)
(Ward 1)
4. CONSENT CALENDAR continued
bb. Update Kern Regional Transportation Model:
1. Memorandum of Understanding (MOU) with Kern Council of Governments
(KernCOG) for the City to complete the Kern Regional Transportation Model.
2. Amendment NO.1 to Agreement No. 06-053 with Parsons Transportation Group, Inc.
($160,000 increase) to complete the Kern Region Regional Transportation Model.
3. Appropriate $80,000 Other Agency Share and $80,000 fund balance to the Public
Works Department Capital Improvement Budget within the Transportation
Development Fund (County share to be determined at a later date).
Amendment NO.1 to Agreement No. WR 06-027 with Kennedy/Jenks Consultants ($7,500;
revised not to exceed $47,200) to include services to design a new access platform in the
rehabilitation of the Farmer Stine Anderson Weir Project.
cc.
dd. Amendment NO.1 to Agreement No. 06-257 with Duane Morris, LLP ($150,000; total not to
exceed $400,000) for outside counsel in the matter of North Kern Water Storage District v
Kern Delta Water District, et al.
ee. Amendment NO.1 to Agreement No. 07-098 with Gregory B. Bragg & Associates, Inc. to
adjust the rates for liability claims administration.
ff.
Amendment NO.1 to Agreement No. 06-370 with Universal Coating Inc. ($12,601.50; total
not to exceed $361,201.50) for additional concrete coating work in primary clarifier 1 and 2 at
Wastewater Treatment Plant NO.2.
gg. Amendment NO.1 to Agreement No. 06-180 with Argo Chemical, Inc. ($107,000; revised not
to exceed $214,000 and extending term of annual contract for one (1) year) for pool
chemicals.
hh.
Amendment NO.1 to Agreement No. 06-219 with Ameripride Uniform Services (extending
the term of the annual contract for one (1) year) for industrial laundry services.
Contract Change Order Nos. 1 and 2 to Agreement No. 06-141 with Nicholas Construction
Inc. ($145,826.79; revised not to exceed $2,411,616.79) for the Allen Road Sewer Project.
Contract Change Order NO.1 to Agreement No. 07-028 with Wallace and Smith Contractors
($23,353.68; revised not to exceed $3,334,043.68) for the Fire Station NO.5 and Police
Satellite Office Project.
Contract Change Order No.1 to Agreement No. 07-071 with Granite Construction Company
($89,300.66; revised not to exceed $1,955,138.66) for Pavement Reconstruction Gosford
Road and Olympia Drive (street improvements).
ii.
jj.
kk.
Bids:
II. Reject bid for one (1) electric in-feed bunker.
mm. Accept bid from Piranha Pipe and Pre-Cast ($811,351.61) for the purchase of sewer pipe
and manholes for 60-inch sewer main construction for Wastewater Treatment Plant 3 located
along McCutchen Road from Gosford Road to Ashe Road.
nn. Accept bid from Pacific Rock and Recycle ($1,549,705) for three (3) electric greenwaste
screening plants.
00. Accept bid from Morbark, Inc. ($248,673.07) for one (1) electric greenwaste sorting station.
pp. Accept bid from M&M Computers ($54,624.57) for Hewlett Packard Printers.
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City Council Meeting of 07/18/2007
(Ward 6)
(Ward 6)
(Ward 1)
(Ward 1)
4. CONSENT CALENDAR continued
qq. Auctioneer/Broker Services:
1. Accept proposal and award contract to Tri-State Auction Systems, Inc. dba Metro
Motors for auctioning and selling City surplus personal property and vehicles.
2. Accept proposal and award contract to Quality Team, Inc. for auctioning and selling
City surplus personal property and equipment.
rr. Accept bid and award annual contract to Ferguson Enterprises (not to exceed $80,000) for
fire hydrants and hydrant repair parts.
Miscellaneous:
Quitclaim Deed to KB Homes for Lots 14-17 of Tract No. 6190 located at the southwest
corner of Mt. Ridge Drive and Rockview Drive for incorporation into their development.
tt. Appropriate $86,416 State Grant Revenue for the Waste Tire Clean Up Grant Program to the
Development Services Operating Budget in the General Fund ($27,072) and the Solid Waste
Operating Budget in the Refuse Fund ($59,344).
ss.
uu. Appropriate $82,445 State Grant Revenue for the Waste Tire Enforcement Grant Program to
the Development Services Operating Budget in the General Fund.
w. Appropriate $598,126 State of California Workforce Housing Grant funds to the Capital
Outlay Fund for the Sports Village Park.
ww. Appropriate $10,000 contribution from the Bakersfield Foundation to the Capital Outlay Fund
in the Recreation and Parks Department Capital Improvement Budget for a community
garden at Dr. Martin Luther King, Jr. Community Center located at 1000 S. Owens Street.
xx. Transfer $190,000 from the Southeast Redevelopment Project Area Operating Budget to the
Capital Improvement Budget for the Union Avenue to P Street and California to 4th Street
Project (street improvements).
yy. Request for conversion of approved position from Associate City Attorney to Deputy City
Attorney I.
zz. Settlement of claim from Bakersfield Community House for sewage backup damage in the
amount of $78,599.76.
Staff recommends adoption of Consent Calendar items a through zz.
5. CLOSED SESSION
RECONVENED MEETING - approximately 6:30 p.m.
6. ROLL CALL
7. INVOCATION by Pastor Robert Proctor, Southwest Christian Center.
8. PLEDGE OF ALLEGIANCE by Devon Madera, 4th Grade Student at Leo B. Hart Elementary School.
9. CLOSED SESSION ACTION
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to John R. Roberts, Chief Probation Officer,
Kern County Probation Department, proclaiming July 15-21, 2007, as Probation, Parole &
Community Supervision Week.
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City Council Meeting of 07/18/2007
10. PRESENTATIONS continued
b. Presentation by Mayor Hall of Certificates to the Number 1 Ranked Graduates in the Kern
High School District.
11. PUBLIC STATEMENTS
12. APPOINTMENTS
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
(Ward 3)
Public Hearing for Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area as
required by Resolution of Intention No. 1536 (Opened & continued at 06/20/07 meeting.)
1. Resolution adopting the Miramonte Drive-Chase Avenue Planned Major
Thoroughfare Area and making findings thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to
bridge crossings and major thoroughfares. (FR 06/06/07)
Staff recommends overriding protests and adoption of resolution and ordinance.
a.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
(Ward 6)
Wastewater Revenue Bond Documents regarding the Sewer Enterprise Upgrade and
Expansion Project:
1. Resolution authorizing the issuance and sale of not to exceed $225,000,000 in
aggregate principal amount of City of Bakersfield, California, Wastewater Revenue
Bonds, Series 2007A, and not to exceed $50,000,000 in aggregate principal amount
of City of Bakersfield, California, Wastewater Revenue Bonds, Series 2007B;
approving Master Trust Indenture, First Supplemental Trust indenture, Second
Supplemental Trust Indenture, Remarketing Agreement, Standby Bond Purchase
Agreement, Preliminary and Final Official Statements, two Bond Purchase
Agreements, Continuing Disclosure Certificate and authorizing and directing
additional actions in connection with the issuance of the revenue bonds.
2. Amendment NO.1 to Agreement No. 07-001 with Kutak Rock LLP (not to exceed
$205,000) for bond counsel services.
3. Amendment NO.1 to Agreement No. 07-002 with Goodwin Procter LLP (not to
exceed $155,000) for disclosure counsel services.
Staff recommends adoption of resolution and approval of amendments to agreements.
a.
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
07/12/072:45pm
y submitted,
.----
~/ti-
Alan Tandy (
City Manager
6
City Council Meeting of 07/18/2007
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AGENDA HIGHLIGHTS
JULY 18, 2007 COUNCIL MEETING .
REGULAR MEETING - 5:15 D.m.
CONSENT CALENDAR
Ordinance.
Item 41:. First Readina of an Ordinance aDDrovina a Neaative Declaration and Amendina the Municical
Code and Zonina MaD from E (Estate) to C-1/P.C.D. (Neiahborhood Commercial/Planned Commercial
DeveloDment> on 2.98 Acres Located on the Southwest Comer of Renfro Road and Future Brimhall Road.
Porter-Robertson Engineering, on behalf of Froelich, Inc., proposes to bring the zoning into conformance
with the General Plan Land Use designation. The site is currently an undeveloped orchard, and is proposed
for development of single-family residential u~es.
The Kern County Board of Supervisors approved the Zone Change on October 28, 2003. However, during
the annexation ,process, a pre-zoning designation of E was. given to the project site in error. This current
Zone Change request corrects the designation.
The Planning Commission recommended approval on June 7, 2007. Two people spOke in opposition of the
project expressing concerns of increased traffic and the safety of children crossing ,to access the
commercial development.
Item 4d. First Readina of Ordinance Amendina the MuniciDal Code bv Chanaina the Zonina from C-1
lNeiahborhood Commerciall~o C-2 (Reaional Commerciall on 5.02,cres and from R-1 (One Familv
Dwellina) to C-2 (Recional Commercial) on .47 Acres Located at the Southeast Comer of Callowav Drive
and Brimhall Road. M.S. Walker & Associates, Inc., on behalf of Bakersfield Center Limited, LLC, proposes
commercial development. The site is designated GC (General Commercial) under the Metropolitan
Bakersfield General Plan.
Thirty feet of an abandoned portion on the eastern half of the site is currently zoned R-1. Due to its
compatibility with the proposed commercial uses on the project site, this lot is included with the current Zone
Change request in order to bring the entire project site's zoning into consistency. The consistent zoning Will
help facilitate future financing.
The Planning Commission recommended approval on June 7, 2007. No one spoke in opposition to the
pr~ect. .
Resolution.
Item 41. Resolution Authorizlna the Finance Director to Dleeense ~th the Formal BiddinaProcess to
Purchase the Chemical. Bloxide for Odor Control and Redu9llon of Sulfide Gas Levels in an amount. not to
ex~ $500.000. An odor alleviation study found that Bloxide is effective in controlling odors in the Buena
Vista Trunk Line. Due to the proprietary .nature of Bloxide and the continual need to control odors in the
trunk line, staff Is recommending dispensing with the bidding process and authorizing the purchase of the
product on a continuing basis in amounts to meet the City's requirements.
Item 4m. Resolution Authorizina the' Flnanpe Director to DlsDen~e with the Formal Biddina Process to
Purchase Police Radio Communications EquiDment in an amount n9t to exceed 51.000.000. The existing
Motorola radios purchased between 1988 and 1996 have deteriorated and are no longer reliable. The parts
required to maintain the equipment are no longer m.anufactured and are extremely hard to find. Because of
their excellent track record, the Motorola mobile, portable radio and fixed infrastructure equipment have
become a standard within the City. The new radio equipment must be compatible to integrate with existing
City radio infrastructure.
'--I;
The Public Works Communication Division has negotiated a 20% discount with Motorola for high quality
narrow band digital mobile, portable radios and fixed equipment. Sufficient funds are budgeted to purchase
250 Police replacement radios, 31 additional Police radios and 1 replacement digital Police radio channel
for the Police Department
Aareements
Item 4u. Aareement with Old River Road. LLC to for Dedication of 3.23 net Acres and Purchase of 5.7 Net
Acres (5481.950) for Park PurDoses and DeveloDment ($1.199.000) of Bridle Creek Park on Midniaht Creek
Wav and White Rock Lane. On October 20, 2005, the Planning Commission approved Vesting Tentative
Tract No. 6359, located on the northeast comer of Old River Road and McCuthen Road. The tract'approval
generated a park dedication of 1.22 nelaeres, a 2.01 net aeres drill $ite, and a reservation of 5.7 net aeres
to be purchased at 5481,950. An appropriation of $66,450 Is needed to supplement the $415,500 of
Southwest Acquisition Zone 1 Park Development Funds appropriated In the FY 2007-08 Recreatlonan
Parks Capital Improvement budget to cover the total purchase price.
The development agreement specifies that a sum nOlto exceed $1,199,000 be reimbursed to Old River
Road, LLC from future park development fees collected within Vesting Tentative Tract No. 6359 for
development of the park site.
Item. 4x., 4y., 4z. and ""a. Twelve firms responded to Requests for Qualifications for
Engineering and Environmental Services for each of the Thomas Road Improvement Program
(TRIP) Projects. Based on a review of qualification submittals, six to seven firms were Invited
to Interview.
The scope of services for each project Includes: project management, preliminary
engineering, environmental document preparation and approval, geotechnical support, and
public outreach. '
These four contracts represent major progre.. on the TRIP Projects I
Item 4x. AGreement with HNTB COl'DOration for Englneerina and Environmental 'Services for the Widenina
of Rosedale Hiahwav in an ,mount not to exceed $3.388.500. Based on the rankings of the qualification
submittals and the interviews, HNTB Corporation was selected to provide engineering and environmental
services,to widen Rosedale Highway.
Item 4y. Aare.,ment wi~h PSOMAS qOl'Doration for Enaineerina ,and Environmental Services for the SR-
178 and Momina Driv. Interchanae in an Amount not to exceed $1.301.008. This project will consist of
constructing an interchange at MomingDrive andSR-118; and extending the freeway 1.5 miles east of
Moming Drive to transitioning to a four-lane highway that will extend to Canteria Road west of,SR-184, to
connect to the existing four-Jane highway configuration. Based on the ranklngs of the qualification
submittals and Interviews, PSOMAS Corporation was selected to provide engineering and environmental
services for the SR-178 and Morning Drive Interchange.
Item 4z and ""a. Aareements with R~F Cons'rlltina COrDOrati~m for Enaineerina and EnvironmentMt
Servi~s for the Widening of 24m Street ($R-178l In an amo~nt not to exceed $1.858.193. and for the 24
Street and Oak ~treet Interchange In ana~ount not to exceed $1.513.799. The first item involves widening
of one mile of the existing four lanes of 24 Street' (SR-178)to six lanes from Elm Street to 0 Street. The
,second ,Item will Involve construction of a grade separated interchange at the existing intersection of 241h
Street and Oak Street.
Based on the rankings of the qualification submittals and the interviews, RBF Consulting Corporation was
selected to provide engineering and environmental services for the widening of 24th Street, and the 241h and
OaK Streets Interchange.
July 18, 2007 Agenda Highlights
Page 2
Items 4bb. Amendment No. 1 to Aareement No. 06-053 with Parsons TransDortation GroUD Inc. to
comDlete the Kem Reaional TransDortation Model in the amount of $160.000. In 2004, the Kern Council of
Govemments Board (Kern COG) entered into a contract with Dowling and Associates to update the Kem
Regional Transportation Model (Update) used for air quality analysis. Due to schedule delays, Kem COG
asked whether Parsons, through the Thomas Road Improvement Program (TRIP), could complete the Kem
Regional Transportation Model and Update Initially start~d by Dowling and Associates. On June 21, 2007,
the Memorandum of Understanding (MOU) between the City and Kern COG was approved and signed by
the Kem COG Board. In the MOU,Kem COG agreed to provide the City with the $80,000 that remains in
the initial budget. Parsons estimates the total cost to complete the Update will be approximately $160,000.
As this model is necessary for the continued development of the TRIP projects, staff is recommending that
$80,000 be appropriated to complete the work. Kem County staff recently agreed that the County should
participate in helping pay for this Update, and so a subsequent separate agreement between the City and
County will be forthcoming that outlines the County's proportionate share of the additional funding needed
to complete the Update.
The City has a Consultant Agreement with Parsons Transportation Group Inc., to provide Program
Management Services for TRIP. This Agreement needs to be amended to include the tasks required to
complete the Update. Upon Parson's review of Dowling's data, Parsons will prepare a schedule for
completing the work.
This work is critical to the update of the transportation development fees which is one of the nine points In
the recent Council adopted highway funding plan.
Item 4dd. Amendment No. 1 to Aareement No. 06-257 with Duane Morris. LLP for Leaal Services in the
Matter of North Kem Water Storaae District v Kern Delta Water District. et al. for an additional $150.000. for
a total amount not to exceed 5400.000. The City uses the services of Duane Morris, LLP, as outside
counsel on the North Kem Water Storage District v. Kern Delta Water District, et al (CEQA) 1st Point matter.
The 1't Point matter will be completed soon and the final billing will be issued. However, the $250,000
compensation limit under Agreement No. 06-257 has been exhausted. Additionally, the legal services for
the CECA action filed by the City against Kem Delta which is connected to, but not a part of the 1st Point
matter, has been invoiced under the same Agreement. Funding of this Agreement for $150,000 should be
adequate to finalize judgment on 1't Point and City of Bakersfield v Kem Delta, et al (CEQA) up to a trial
court decision.
Ill5!!
Item 12mm. Award Contract to Piranha Pioe and Pre-Cast for the Purchase of Sewer Ploe and Manholes
for a 60-lnch Sewer ~ain Constr,Jctlon for Wastewater Treatment Plant 3 located alona McCutchen Road
from Gosford Road to Ashe Road in the aMount of $811.351.61. This project consists of constructing anew
60-lnch sewer line. Since the developer to the north of McCutchen Road Is responsible for the construction
of the north part of the roadway between Gosford Road and Ashe Road, the developer will also construct
the City's south half of the roadway as part of an agreement. To meet the developer's construction deadline,
It is In the City's best Interest to pre-purchase the sewer pipe and manholes. The anticipated delivery date of
the sewer pipe and manholes is October 1, 2007, which gives the contractor three months to lay the sewer
pipe before the developer starts paving the roadway.
Four acceptable bids were received. Staff recommends awarding the contract to Piranha Pipe and Pre-
Cast.
Item 4nn. Award Contract to Pacific Rock and Recvcle for Three Electric Green Waste Screenina Plants in
the amount of ($1.549.705). In order to meet air pOllution control requirements while handling the
increasing work load at the Green Waste Recycling Facility, Council approved a capital project in the FY
2006-07 Budget to replace diesel-powered processing equipment with electric-powered equipment. The
City purchased two electric wood grinders from Morbark,lnc. However, additional equipment, one electric
July 18, 2007 Agenda Highlights
Page 3
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green waste sorting station, lhl'$e alectrlc screening plants, and ona electric In-feed bunker need to be (
purchased.
Invitations to Bid were sent to thirteen suppliers. Pacific Rock and Recycle submitted the sole bid. Staff Is .
recommending awarding the contract to Pacific Rock's.
Mlscenaneous
Items 4w. Aoorooriate $598.126 State of California Workforce Housing Grant funds to the Caoltal Outlay
Fund for the Soorts Village Park. In March of 2006, staff submitted a grant request for funds to design and
engineer the new 100 acre Sports Village Park. The WFH program grant funds are restricted for use for
only capital asset projects that benefit the community and add to the community's quality of life.
Item 4ww. Aoorooriate $10.000 Contribution from the Bakersfield Foundation to the Caoital OutlavFund in
the Recreation and Parks Deoartment Caoitil Imorovement Budget for a CommunitY Garden at Dr. Martin
Luth,r King. Jr. Community Center. The community garden will provide an area to educate children and
others about horticulture, land cultivation, and nutrition. The grand funds will be used to install a 10-foot
chain link fence, gardening equipment and supplies, and educational materials.
Item 4xx. Transfer$190.000 from the Southeast Redevelooment Proiect AreaO~erating Budaet to the
Caoitallmcrovement Budget for the Union Avenue to P Street and California to 4 Street Proiect. With
construction cost increases, the original budget of $300,000 for the Southeast Bakersfield Street
Improvement Project did not cover all the streets that were originally planned for Curb and Gutter
Improvements in this area. Funds for this project are budgeted within the Southeast Redevelopment
Project Area operating budget for Fiscal Year 2007-08 to cover the additional costs.
Item 4zz.. Settlement of Claim from Bakersfield Communltv House for Sewage backuo damage in the
amount of $78.599.76. On January 17, 2007, the City's sewer main backed up and sewage entered the
Bakersfield Community Center. Repairs were necessitated that resulted in the shutdown of the Center. To
date, the City has paid $24,978.09 to the Center for emergenCY repairs. However, there is a balance of
$78,599.76 due to the repair service providers. The total claim amount is $103,577.85. Staff recommends
approval of the settlement in order to obtain full release.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
.
HEARINGS
Item 1.... Public Hearing for Miramonte Drive-Chase Avenue Planned Maior Thoroughfare Area. First
reading of the ordinance was given on June 6, 2007. due to an error in noticing, the hearing was re-noticed
for July 18, 2007. .
The City proposes to extend Miramonte Drive south to Chase Avenue, and to extend Chase Avenue west to
Comanche Drive. These extensions will provide the residents of the Rio Bravo Area with a. connection to
Comanche Road and State Highway 58. Construction of this road connection was a requirement of the
property owner (Arnold Pettit) and the subdivider of Tentative Tracts 6839 through 6844 (GFC Properties
LLC). Other properties being developed in the Rio Bravo area are required to participate or contribute to
the cost of construction of this thoroughfare. As a part of the condition of the GPAlZC, the City agreed to
reimburse the owner for the cost of acquiring right-of-way, design of Improvement plans, and construction of
Miramonte Drive and Chase Avenue. The Bridge and Thoroughfare District will require payment of the
proportionate share of cost of the road of all undeveloped properties within the benefited area upon their
development.
July 18, 2007 Agenda Highlights
Page 4
NEW BUSINESS
Item 178. Wastewater Revenue Bond Documents Reaardina the Sewer Enterorise Uoarade and
EXDansion Proiect. Wastewater Plant # 3 is at or near the licensed capacity for the existing facilities. The
City has been working with design consultants for the past two years to expand the processing capacity
from 16 MGD (million gallons daily) to 32 MGD. The City opened the bids for the expansion and upgrade
construction project on July 10, 2007. The apparent low bid is $211 million.
Staff will provide a final cost overview of the proposed financing plan at the meeting. It is the City's desire to
complete the bond sale and have funds In place prior to award of the construction project, which is expected
to come before the City Council in August 2007. Based on the cost of the apparent low bid, it is anticipated
that the bonds will be repaid over a maximum time of 30 years.
The bid opening was essential to size the final bond documents. The bids carrie in close enough to
estimates that proper coverage is possible through a modest time extension on the repayment of the bonds.
Approved:
Alan Tandy, City Manager
cc: Department Heads.
Rhonda Smiley, Public Information Ot'ftcer
City Manager'a File
City Clerk's Office
News Media File
July 18, 2007 Agenda Highlights
Page 5
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.\. it .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City CleU-
June 27,2007
APPROVED
DEPARTMENT HEA~'~ ,4\
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the June 20, 2007 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: t..\. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
July 06, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from June 08, 2007 to July 06, 2007 i he ount of
$31,508,463.70. and self insurance payments from June 08, 2007 to July 06,20 7 in the
amount of $457,367.73.
RECOMMENDATION:
Staff recommends approval of payments totaling $31,965,831.43.
BACKGROUND:
RAR
July 6, 2007, 1:08PM
S:\RichardIAPIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~. Co .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD,
APPROVED
June 28, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance approving a Negative Declaration and a din Section
17.06.020 {Zone Map No.101-34} of Title Seventeen of the Bakersfield Municipa Code by
changing the zoning from E {Estate} to C-1/P.C.D. {Neighborhood Commercial/Planned
Commercial Development} zone on 2.98 acres located on the southwest corner of Renfro
Road and future Brimhall Road. {ZC #07-0768 - Porter-Robertson Engineering,
representing Froehlich Inc.} {Ward 4}
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On June 7, 2007, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council. The zone change request consists of changing the
zoning from E (Estate) zone to a C-1/P.C.D. {Neighborhood Commercial/Planned Commercial
Development} zone on 2.98 acres. The reason for the request is to bring the zoning into conformance with
the GC {General Commercial} General Plan Land Use designation on the subject property. The site is
currently undeveloped and is an orchard. The site is proposed for development of single family residential
uses.
Two people spoke in opposition to the project. Their concerns were increased traffic and the safety of
children crossing Renfro Road at Brimhall Road to access the commercial development.
The area under consideration had a zone change approved by Kern County Board Supervisors on
October 28, 2003 from E to C-1/P.D. {Neighborhood Commercial/Precise Development}. However,
during the annexation process to the City of Bakersfield, approved on February 15, 2007, a pre-zoning
designation of E was given to the project site in error. This current zone change request allows the
project site the zoning that was previously approved by Kern County.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Staff recommends approval of the zone change.
Elisheva S:\Dana\ADMINS\2007\July\7-18-Q768 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.{ . d
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD &~hc. ,c;6,
June 25, 2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zoning Map i 102 1 and
102-32) of Title Seventeen of the Bakersfield Municipal Code by changing th zoning
from C-1 (Neighborhood Commercial) to C-2 (Regional Commercial) on 5.02 a res, and
from R-1 (One-Family Dwelling) to C-2 (Regional Commercial) on 0.47 acres for
purposes of commercial development, located at the southeast corner of Calloway Drive
and Brimhall Road (ZC # 06-1660 - M.S. Walker & Associates, Inc. representing
Bakersfield Center Limited, LLC) (Ward 5).
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On June 7, 2007, the Planning Commission held an advertised publiC hearing on this zone change
request, and recommended adoption by the City Council. The zone change request consists of
changing the zoning from C-1 (Neighborhood Commercial) to C-2 (Regional Commercial) on 5.02
acres, and from R-1 (One-Family Dwelling) to C-2 (Regional Commercial) on 0.47 acres for purposes of
commercial development. The site is designated GC (General Commercial) under the Metropolitan
Bakersfield General Plan. No one spoke in opposition to the project at the Planning Commission
hearing.
The easterly 30 feet of the project site is currently zoned R-1(One-Family Dwelling), is described as Lot
C of Tract No. 5770, and is also an abandoned portion of the eastern half of a private road, Gondola
Drive. Tract No. 5770 is now a well established subdivision with single family residences, with the
exception of Lot C, which appears to have been intentionally excluded from the buildable portion of
Tract 5770. Due to it's compatibility with the proposed commercial uses on the project site, this lot is
included with the current zone change request in order to bring the entire project site's zoning into
consistency. Approval of the proposed zone change combined with the existing property already zoned
C-2 will result in 6 acres of property zoned C-2.
The site is currently under construction in accordance with the approved Site Plan Review No. 05-1344.
The purpose for the proposed zone change is to facilitate the future commercial development and to
create C-2 zoning for the entire project site in order to eliminate the split zoning on the property. The
applicant states that C-2 zoning will allow the three proposed restaurants proposed on-site to serve
June 28, 2007, 9:58AM
KShea S;\DanaIADMINS\2007Vuly\7-18-1660 1.doc
ADMINISTRATIVE REPORT
alcohol and provide outdoor seating. No drive-thrus are proposed, no structural changes will occur to
any of the buildings, and the entire project area will remain in compliance with the approved Site Plan
Review No. 05-1344. Additionally, the applicant desires the entire shopping center to have consistent
zoning to facilitate a future refinancing.
On December 6, 2005, Site Plan Review No. 05-1344 (Exhibit E) was approved for the project site. The
adopted Negative Declaration for Site Plan Review No. 05-1344 evaluated the construction of a 63,228
square-foot mixed use retail and office center on approximately 6 net acres. In accordance with CECA
Section 15162, no further environmental documentation is necessary because there are no substantial
changes in circumstances under which the project will be undertaken and no new environmental
impacts have been identified. The Negative Declaration adopted for Site Plan Review No. 05-1344
considered the environmental impacts of the commercial shopping center development of the site.
Staff recommends approval of the zone change.
June 28, 2007, 10:17AM
KShea S:\Dana\ADMINS\2007Vuly\7-18-1660 1. doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.j . e,
FROM:
DATE:
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
June 25, 2007
/
SUBJECT: An Ordinance Amending Chapters 5.48, 12.16 and 12.20 of the Bakersfiell
regarding video service providers.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was at the Council meeting on June 20, 2007. The City Charter sets forth
that the City can grant cable television franchises. The City has entered into franchise agreements with
two cable television providers, although Brighthouse is in the process of purchasing Cebridge/Suddenlink.
In late 2006, the California Legislature enacted Assembly Bill 2987 (AB 2987) which eliminated cities' and
counties' ability to grant local video franchises and transferred that power to the state Public Utilities
Commission.
Any entity desiring to provide video service in California and not already operating under an existing
franchise, must apply to the Public Utilities Commission for a state franchise. The state franchise
application must indicate where the entity plans on providing such service. A state franchise lasts for 10
years.
Current cable service providers can retain their local franchises or negotiate an early termination of the
local franchise agreements and apply to the state for a franchise. The City's current franchise agreements
will both expire in 2015.
In March, 2007, AT&T informed the City that it had applied for a state franchise to operate in Bakersfield.
In April, 2007, the franchise was granted. AT&T is required to let the City know at least 10 days and no
more than 60 days before it will begin offering cable service in the City. To date, the City has not received
any such notification.
AB 2987 requires local entities to enforce regulations regarding the video programming providers and to
adopt penalties for violations of these regulations. Additionally, the bill requires local entities to have a
mechanism in place to appeal the decision to deny either an encroachment permit or a permit allowing
work in city streets or rights-of-way to the City Council.
This ordinance amends the sections of the municipal code dealing with cable television franchises, street
cutting permits and encroachment permits to comply with the requirements of AB 2987.
JS:js
June 25.2007. 10:25AM
S:ICQUNCILlAdminsl06-07 AdminsIAB2987.2ndRdg.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.-F.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 25, 2007
SUBJECT: An Ordinance Amending Chapter 5.14 of the Bakersfield Municipal Code r
permits.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was at the Council meeting on June 20,2007. Currently, the City's cabaret
ordinance (Chapter 5.14) requires the police chief to immediately revoke a cabaret permit if he finds:
A. That misrepresentations were made on the application; or
B. That the owner or a manager has in the past three (3) years been convicted of a crime
substantially related to the qualifications, functions or duties of the business for which application is
made, unless he has obtained a certificate of rehabilitation; or
C. That the owner or a manager has in the past three (3) years done any act involving dishonesty,
fraud or deceit with the intent to substantially benefit himself or another, or substantially injure
another; or
D. That any of the terms or conditions of said permit have been violated or that the business has been
operated in violation of a local, state or federal law; or
E. That the operation of the cabaret is interfering with the peace and quiet of the neighborhood.
The way the ordinance currently reads, if a violation is found, whether major or minor, the chief must
revoke the permit. Since there are varying degrees of severity of permit violations, if would be beneficial
for the chief to have the ability to impose varying degrees of punishment to bring the permit holders into
compliance.
These amendments will give the chief the discretion to not only revoke a cabaret permit, but to suspend
the permit for up to one hundred and eighty days.
JS:js
June 25. 2007. 9:22AM
S:ICQUNCI LlAdminslOS-Q7 Adminslcabaretpermilamend2ndrdg.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent
ITEM t.../.Q.
o
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
June 29, 2007
CITY ATTORNEY /
CITY MANAGER
SUBJECT: Property Abatements
1. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of weeds,
debris and waste matter and authorize collection of the assessments by the Kern
County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on June 11, 2007, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Carson
1.
2.
3.
4.
1100 S. Brown St
217 - 217 ~ Daniels St.
1408 ~ EI Toro Dr.
1006 Melwood St.
019-051-06-00-6
139-351-05-00-5
011-440-09-00-5
170-132-19-00-8
$ 711.00
$ 645.00
$ 345.00
$ 295.00
June 20, 2007, 2:47PM
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. ADMINISTRATIVE REPORT
Page 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
5. 310 Obregon Ave. 516-241-11-00-9 $ 295.00
6. 309 Ohio Dr. 169-070-05-00-6 $ 370.00
7. 317 Ohio Dr. 169-070-07-00-2 $ 370.00
8. 1304 Rosalia Dr. 022-071-04-00-0 $ 1,345.00
9. 701 S. Tulare St. 139-222-06-00-7 $ 395.00
10. 901 Watts Dr. 170-142-05-00-0 $ 320.00
11. 205 E. th St. 139-221-01-00-5 $ 220.00
12. 235 E 8th St. 139-202-19-00-9 $ 270.00
Ward 2/Councilmember Sue Benham
13. 507 Butte St. 016-430-04-00-2 $ 320.00
14. 2700 Elm St 001-351-02-00-2 $ 595.00
15. 230 H St 010-280-20-00-3 $ 720.00
16. 503 Jefferson St. 013-100-01-00-6 $ 597.00
17. 509 King St 017-280-15-00-8 $ 268.09
18. N/E Corner of King & Jackson 014-300-15-00-2 $ 640.00
19. 3630 L St 120-140-20-00-4 $ 420.00
20. 309 Monterey St. 014-170-03-00-0 $ 2,545.00
21. 422 Monterey St. 014-070-13-00-0 $ 435.00
22. 1100 Niles St. 015-180-16-00-8 $ 1,195.00
Ward 6/Councilmember Jacauie Sullivan
23. 908 Valhalla Dr.
164-221-03-00-5
$ 920.00
Ward 7/Councilmember Zack Scrivner
24. 5513 Ramona Ct.
25. 4600 Alexander
372-372-08-00-8
171-230-49-00-7
$ 320.00
$ 395.00
June 21, 2007, 8: 11AM
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,
, . ADMINISTRATIVE REPORT
Page 3
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
June 20, 2007. 2:47PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report June 29.07.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2007
AGENDA SECTION: Consent Calendar
ITEM:q . h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
,'./
July 31, 2007
DEPARTMENT HEAD '
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution approving the destruction of certain obsolete City re
instruments, books and papers, pursuant to California Government Code
seq. (Public Works Department).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Until the City Council approves a comprehensive records retention schedule for the
Public Works Department, consent must be granted every time the Department desires to destroy
documents. The City Attorney's office has reviewed the list of items to be destroyed and determined that
the destruction of those documents would be consistent with California law and City policy.
This Resolution authorizes the Public Works Department to destroy the documents contained in the
exhibit.
G:\GROUPDAT\Gina\Admin Reports, Agreements. Amendments, etc\copy of Record Destruction Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L..{ i .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
June 28, 2007 CITY ATTORNEY
CITY MANAGER
Resolution approving an application proposing proceedings for annel ion
uninhabited territory to the City identified as Annexation No. 553 consistin of
25.01 net acres located on the north side of Rosedale Highway, west of lien
Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation identified as Annexation No. 553 consists of 25.01
acres of land and is located on the north side of Rosedale Highway, west of Allen Road.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The site will include the development of a community church and single family homes. The
proposal is to annex the land for development purposes and to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Applic\Admin Draft 553.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L..\. i .
\J
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
TO:
June 27, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution authorizing participation in the State of California Department lof General
Services State and Federal Surplus Property Program. (Citywide)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The State of California Department of General Services (DGS) disposes of salvage and
surplus property from California state agencies. Additionally, DGS has been designated by the United
States General Services Administration to manage Federal surplus property as the California State
Agency for Surplus Property. Both State and Federal surplus personal property are made available to
local agencies on a first come-first served and needs basis. Property available includes communication
equipment, construction equipment, electronic equipment, furniture, tools and vehicles. The equipment is
offered to local agencies at a considerable savings.
The City Council must approve (by resolution) the Eligibility Renewal Application which lists the names of
individuals authorized to purchase surplus property on behalf of the City. The State of California will not
accept position titles.
Purchasing Division
S:\PURCHIADMIN\DGS Surplus Property Program, July 18, 2007.doc
June 28. 2007, 3:58PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: w.K.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
July 3, 2007
SUBJECT: Purchase and installation of a Trane HV AC Control System for 1600 Truxtun Avenue.
(Ward 2)
1. Resolution determining that the HVAC Control System for the 1600 Truxtun Avenue
cannot be obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $200,000.00.
2. Agreement with Trane Company ($200,000.00) to furnish and install a Trane HVAC
control systems for 1600 Truxtun Avenue.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the Agreement.
BACKGROUND: The HVAC equipment installed at 1600 Truxtun Avenue is controlled through a
separate, non-integrated control system. In an effort to increase efficiency and control, ease of operation
staff productivity and facilitate troubleshooting, maintenance and repair of the system, staff is
recommending the installation of Trane Tracer Summit Control System. This system will integrate with the
existing Trane Tracer Summit Control Systems located at City Hall, City Hall Annex, the Convention
Center and the Ice Sports Arena. Installation of the control system will allow staff to control the HV AC
systems for the listed facilities from a single location and the maintenance and repair of the systems would
be accomplished through a single supplier. The system will also allow for zonal control for the building.
When this building was purchased, staff identified several required improvements. The HV AC Control
System improvements was one the required improvements. Pacific Gas and Electric will provide the City
a rebate on installation of the equipment, the amount of which is still to be determined.
Funds for the purchase are in the FY 2007-2008 Adopted Budget.
Purchasing Division
S:\PURCH\ADMIN\HVAC Control System for 1600 Truxtun Avenue, Sole Source, July 18, 2007.doc
July 10, 2007, 10:11AM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L!. I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 27,2007
SUBJECT: Resolution determining that Bioxide, a proprietary chemical for sewer bdor ntrol and
reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding thereof for a
period of one (1) year, not to exceed the budgeted amount of $500,000.00. (Wards 4 & 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Some areas of southwest Bakersfield experience continuing odor problems from the
Buena Vista Trunk Line thus creating a nuisance to residents and businesses. Nuisance odors are a
violation of the San Joaquin Unified Air Pollution Control District (District) policies and can be punishable
by a fine. The City has previously received a warning from the District to alleviate the nuisance odors and
reduce the high levels of sulfide gas found in the sewer system, or face a fine by the District. Carollo
Engineers conducted an odor alleviation study and, Bioxide, a proprietary and therefore sole source
product of U.S. Filters was found to be the only effective agent for controlling odors in the Buena Vista
Trunk Line.
Due to the proprietary nature of Bioxide, and the need to continually inject Bioxide to control odors in the
Buena Vista Sewer Trunk Line, staff is recommending adoption of the Resolution to dispense with bidding
for Bioxide and authorizing the purchase of Bioxide on a continuing basis in amounts to meet the City's
requirements, not to exceed the budgeted amount of $500,000.00. If at any time it is determined that
other products or more effective products are available, staff will re-evaluate the sole source designation
of Bioxide and will seek competitive pricing to insure the best interests of the City are met.
Purchasing Division
S:\PURCHIADMIN\Bioxide Sole Source Resolution, July 18, 2007.doc
June 28, 2007, 3:38PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/' ..'.1
! .
, II
/ L,
"/ --..---
July 2, 2007
SUBJECT: Resolution determining that bidding for Police radio communications equi ent cannot be
reasonably obtained through the usual bidding procedures because of the need to integrate
into the existing City Police radio infrastructure and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $1,000,000.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The existing Motorola radios were purchased and installed between 1988 and 1996.
The reliability of the old equipment has deteriorated and the radios are in need of major maintenance.
Parts are longer manufactured and are extremely hard to find. Because of their excellent track record the
Motorola mobile, portable radio and fixed infrastructure equipment have become a standard within the City
of Bakersfield. The new radio equipment must be compatible to integrate with existing City radio
i nfrastructu re.
The Public Works Communication Division has negotiated a 20% discount with Motorola for high quality
narrow band digital mobile, portable radios and fixed equipment. All radios are being purchased for the
Police Department. We will be purchasing 250 Police replacement radios, 31 additional Police radios and
1 replacement digital Police radio channel.
Sufficient funds are budgeted to purchase this equipment.
G:\GROUPDA T\ADMINRPT\2007\07 -18\Police Radio.doc
MP
ADMINISTRA liVE REPORT
MEmNG DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lt. (\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~ROVED
/1 ~
July 5, 2007
SUBJECT: Sewer Connection and Construction Fee Assessments (Ward 1):
1. Resolution confirming assessments for sewer connection fee including the construction
fee and authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Linda C. Swidecki, 124 N. McDonald Way to pay sewer connection and
construction fee in installments and notice of special assessment lien.
3. Agreement with Gerald J. & Ester Trillo, 223 N. Stine Road to pay sewer connection
and construction fee in installments and notice of special assessment lien.
4. Agreement with Javier A. & Francisca Duran, 19 Suzanne Street to pay sewer
connection and construction fee in installments and notice of special assessment lien.
5. Agreement with Michael Freiberg, 219 N. Stine Road to pay sewer connection and
construction fee in installments and notice of special assessment lien.
6. Agreement with Aaron & Sherri Mena, 121 N. McDonald Way to pay sewer connection
and construction fee in installments and notice of special assessment lien.
7. Agreement with Thelma J. Davis, 116 Candy Street to pay sewer connection and
construction fee in installments and notice of special assessment lien.
8. Agreement with Anna Toy, 100 N. McDonald Way to pay sewer connection and
construction fee in installments and notice of special assessment lien.
9. Agreement with Augustine & Brenda Lopez, 100 Suzanne Street to pay sewer
connection and construction fee in installments and notice of special assessment lien.
10. Agreement with Hugo Lopez, 129 N. McDonald Way to pay sewer connection and
construction fee in installments and notice of special assessment lien.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
S:\PROJECTS\SewerConFee\Admin\7-18-07 McDonald Adm.doc
July 5, 2007, 4:09PM
ADMINISTRATIVE REPORT
BACKGROUND: The owner's of the property shown above desire to connect their property to the City
sewer system. The property owner's claim that to pay the sewer connection and construction fee in one
payment would produce an economic hardship. To assist in paying the connection and construction fee
the City has contracted with the property owners to spread the connection and construction fee over a five
(5) year period to be collected with their property taxes in accordance with Municipal Code Section
14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23,2007, authorizes the Kern
County Tax Collector to collect the connection and construction cost in five equal payments over the next
five years.
S:\PROJECTS\SewerConFee\Admin\7-1S-07 McDonald Adm.doc
July 5, 2007, 4:09PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18,2007
AGENDA SECTION: Consent Calendar
ITEM: '4. o.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
d:~./i
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June 28, 2007
SUBJECT: Sewer Connection Fee Assessments (Ward 4):
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Isaac E. & Rosa M. Garza, 11706 Jenlee Avenue, to pay sewer
connection fee in installments and notice of special assessment lien.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 11706 Jenlee Avenue desire to connect their property
to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment
would produce an economic hardship. To assist in paying the connection fee the City has contracted with
the property owners to spread the connection fee over a five (5) year period to be collected with their
property taxes in accordance with Municipal Code Section 14.12.390.8. This resolution authorizes the
Kern County Tax Collector to collect the connection fee in five equal payments over the next five years.
de
S:\PROJECTS\SewerConFee\Admin\ 11706 Jenlee.doc
June 28, 2007, 2:46PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: LI. D.
,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 22, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
'/)
/(
SUBJECT: Resolutions adding the following territories to the Consolidated Maint nc District and
confirming the assessments, approving the Public Works Director's Report a d authorizing
collection of assessments by the Kern County Tax Collector. (Wards 1,2 and 5)
1. Area 3-71 (Mountain Vista, Panama SE)
2. Area 4-78 (King, Kentucky NW)
3. Area 5-38 (Cottonwood, Casa Loma SW)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On June 20, 2007 the Council adopted Resolution of Intention Nos. 1541, 1542 and
1543 to add the above territories 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 street landscaping. The areas 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 these territories to the Consolidated Maintenance District is not prohibited by Proposition
218.
The City of Bakersfield has received letters from the owners of the properties described above which
waive 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 owners 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 maps.
de
June 28, 2007, 2:49PM
S:\PROJECTS\MAINDIST\2007-2008 MD INFO\Folder for City Information\MD files from Consultant\MD3-71_ 4-78_5-38re07.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: t.f 4...
U
.~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 22, 2007
DEPARTMENT HEAD
CITY ATTORNEY
A~LVED
. I '
CITY MANAGER
SUBJECT: Resolution of Intention No. 1546 to add territory, Area 4-47 (Alfred Ha!J , La e Ming SE)
to the Consolidated Maintenance District and preliminarily adopting, co firming and
approving Public Works Director's Report. (yI/ard 3). '
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6465 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. Area 4-47 is generally bounded by Alfred Harrell Highway on the
north, a line approximately 2,600 feet east of Lake Ming Road on the east, a line approximately 1,200 feet
south of Alfred Harrell Highway on the south, and a line approximately 2,600 feet west of Lake Ming Road
on the west. 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 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 also has
submitted a Proposition 218 ballot indicating his 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/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
June 22, 2007, 2:41PM
MD4-47Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lf. v".
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 5, 2007
SUBJECT: Resolution of Intention No. 1544 to order the vacation of a 25-Foot Wid ew r Pipeline
Easement at the northeast corner of Stockdale Highway and Buena Vista Road
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Castle and Cook, is developing the area as a commercial center with shops. In order
to do this, they want the old sewer easement to be vacated. The sewer pipeline was relocated in 1997.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there are no City sewer or storm drain facilities in the proposed vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on April 4, 2007 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CECA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of August 29, 2007 J on the
proposed vacation.
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.5.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 5, 2007
SUBJECT: Resolution of Intention No. 1545 to order the vacation of a 15-Foot Ide ublic Utility
Easement located north of Stockdale Highway and east of Buena Vista Road (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Castle and Cook, is developing the area as a commercial center with shops. In order
to do this, they want the public utility easement to be vacated.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there are no City sewer or storm drain facilities in the proposed vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on June 11, 2007 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of August 29, 2007, on the
proposed vacation.
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~ .t-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~PPROVED
11:--
June 29, 2007
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Lennar Homes of California, for
Tract 6290 Unit 4 located south of McKee Road and west of Stine Road. (Ward 6)
2. Final Map and Improvement Agreements with Standard Pacific Corp., for Tract
6387 Phase 1 located at the northeast intersection of McCutchen Road and
Mountain Ridge Drive. (Ward 6)
3. Final Map and Improvement Agreements with Centex Homes, for Tract 6578 Units
6 & 7 located at the southeast corner of Pensinger Road and South Allen Road.
(Ward 5)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
June 29, 2007, 10:46AM
G:\GROUPDAT\ADMINRPT\2007\07-18\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~. Lt.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD 0 L H
Dianne Hoover
Director of Recreation & Parks
DATE:
July 10, 2007
CITY ATTORNEY
CITY MANAGER
/11
/'
j
SUBJECT:
Bridle Creek Park on Midnight Creek Way and White Rock Lane. (Ward 5)
1. Agreement with Old River Road, LLC, for dedication of 3.23 net acres and purchase of
5.7 net acres ($481,950) of property in Vesting Tentative Tract Map 6359 to the City for
park purposes and development ($1,199,000) of Bridle Creek Park.
2. Appropriate an additional $66,450 Park Development Fund balance from the Southwest
Acquisition - Zone 1 to the Recreation and Parks Capital Improvement Project budget
for purchase ofthe property.
RECOMMENDATION:
Staff recommends approval of the agreement and the appropriation.
BACKGROUND:
On October 20, 2005, the Planning Commission approved Vesting Tentative Tract No. 6359, located on
the northeast corner of Old River Road and McCuthen Road. The agreement sets forth the terms for
acquisition and development of Bridle Creek Park.
The acquisition specifies a park dedication of 1.22 net acres and 2.01 net acres drill site, and a reservation
of 5.7 net acres to be purchased at $481,950, from the Park Development Fund for a total of 8.93 net
acres of park land.
The development specifies that a sum not to exceed $1,199,000 be reimbursed to Old River Road, LLC
from future park development fees collected within Vesting Tentative Tract No. 6359 for development of
the park site. Improvements will include amenities such as a covered tot lot, covered playground, three
covered shelters, basketball court, two horse shoe pits, two volleyball courts, off leash dog area, and five
picnic areas.
An appropriation of $66,450 is needed to supplement the $415,500 of Southwest Acquisition - Zone 1
Park Development Funds appropriated in the FY 2007-08 Recreation and Parks Capital Improvement
Project budget to cover the total purchase price of $481 ,950.
Old River Road, LLC is developing homes near Bridle Creek Park and will develop the park site.
July 10, 2007, 9:48AM
S:\Park Tech Files\Admins 07\Dev&Acquisition of Bridle Creek Park.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 11. \J.
TO: Honorable Mayor and City Council
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
June 29, 2007
SUBJECT: Agreement with the Bakersfield Police Activities League (PAL) for $41,000 0 om uni~
Development Block Grant funds to re-roof their PAL Youth Center facility at 301 E. 4t
Street. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council approved the 2006-07 City of Bakersfield Action Plan in May of 2006, which allocated
$41,000 in Community Development Block Grant funds for the Bakersfield Police Activities League to
construct a free-standing 1,600 sq.ft. metal building to store equipment used in sports programs at their
youth center. However, since matching funds for the storage building did not materialize, PAL is
requesting to use CDBG funds instead to re-roof their commercial roof at 301 E. 4th Street.
The PAL Youth Center is owned and operated by PAL, a nonprofit, charitable organization. PAL provides
after-school, late night, and weekend athletic activities to area youth; a competitive amateur boxing
program; a learning center with computers and other educational resources. PAL's purpose is to reduce
crime by providing needed recreational, educational and community service opportunities to youths in the
Greater Bakersfield Metropolitan Area. The center primarily benefits youth from low income
neighborhoods.
The re-roof work will generally be a tear-off removal and clean up of the existing roof, new plumbing
flashing if needed with a minimum four (4) ply hot mop system, and compliance with State Title 24 energy
regulations. Estimated time to complete the project is about 3 months.
The grant funds will be secured by a Deed of Trust on the property for a term of 5 years. After 5 years of
successful operation of the facility and compliance with the conditions of the project agreement, the City
will reconvey title back to PAL.
S:\Admins\City Council\City Council Admins 2oo7\PAL RE-ROOF ADMIN.doc
6/29/2007 9:50 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L4. vJ.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
June 29, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
~
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I
SUBJECT: Environmental Impact Report (EIR) for General Plan AmendmentlZone Chl:lnge 0.06-
2247 (Saco Ranch Project) generally located at the southeast and southwest comers of
Coffee Road and Seventh Standard Road. (Wards 3 and 4).
1. Agreement with Bidart Bros., a California corporation ($193,570.00) for the preparation
of an Environmental Impact Report (EIR).
2. Agreement with RBF Consulting ($193,570.00) to prepare Environmental Impact Report.
3. Appropriate $193,570.00, (developer's contribution) to the Development Services
Operating budget in the General Fund.
RECOMMENDATION:
Staff recommends approval of the agreements and the appropriation of funds.
BACKGROUND:
Bidart Bros., a California corporation, is proposing the development of commercial centers on
approximately 108 acres, located at the southeast and southwest comers of Coffee Road and Seventh
Standard Road.
Applicant - City Agreement:
This agreement acknowledges that Bidart Bros. will pay for all costs associated with the preparation of
the environmental Impact Report (EIR). The total cost of the EIR is $259,093.00, which consists of
$193,570.00 for the consulting services and $64,523.00 to reimburse the City for its costs in managing
the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
Amendment/Zone Change No. 06-2247 by RBF Consulting.
RB: S:\GPA 3rt! 2007\06.2247 (Saco Ranch EIR)\Agl'88menlslAdmin Reportdoc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. \( .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
eYED
(Ii
e/~
July 10, 2007
SUBJECT: Design Consultant Agreement with HNTB Corporation ($3,388,500) for Engineering and
Environmental Services for the widening of Rosedale Highway. (Ward 2 and 4)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental
Services for Thomas Road Improvement Program (TRIP) Large-Sized Projects. Twelve firms responded
to this RFQ:
DMJM Harris (Orange County, California)
HNTB Corporation (Santa Ana, California)
Nolte/Mark Thomas (San Jose, California)
Parsons Brinckerhoff (Los Angeles, California)
Tetra Tech, Inc. (Longmont, Colorado)
Washington Group International (Irvine, California)
Lim and Nascimento (San Bernardino, California)
Mark Thomas (San Jose, California)
Moffatt & Nichol (Long Beach, California)
PSOMAS (Sacramento, California)
Katz, Okitsu (Monterey Park, California)
RBF (Camarillo, California)
Based on a review of their qualification submittals, the selection committee invited the first six of the firms
listed above to interview with the committee. Interviews were held on September 13 and 14, 2006. Based
on the rankings of the qualification submittals and the interviews, HNTS Corporation was selected to
provide engineering and environmental services for the TRIP project to widen Rosedale Highway. In
accordance with federal procurement procedures for these types of services, after HNTB Corporation was
selected, their cost for providing these services was then negotiated by the TRIP staff.
The scope of services provided by HNTB will include: project management, preliminary engineering,
environmental document preparation and approval, geotechnical support, and public outreach. Conceptual
engineering provided will support the environmental document and meet the needs of the National
Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The
work schedule for HNTB is approximately 24 months.
ADMfNISTRA TIVE REPORT
This project will consist of widening approximately 12 miles of the existing Rosedale Highway to four lanes
from SR-43 to Allen Road, and to six lanes from Allen Road to SR-99.
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L{.v.
,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~OVED
&'
t/tf/
~
July 10, 2007
SUBJECT: Design Consultant Agreement with PSOMAS Corporation ($1,301,008) for E gine
Environmental Services for the SR-178 and Morning Drive Interchange. (Ward 3)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental
Services for Thomas Road Improvement Program (TRIP) Medium-Sized Projects. Twelve firms
responded to this RFQ:
RBF (Camarillo, California)
PSOMAS (Sacramento, California)
LAN (Irvine, California)
Moffatt & Nichol (Long Beach, California)
Mark Thomas (San Jose, California
Nolte (San Jose, California)
Katz, Okitsu (Monterey Park, California)
Omni Means (Roseville, California)
David Evans (Ontario, California)
Stantec (Bakersfield, California)
T.Y. Lin (San Ramon, California)
Parsons Brinckerhoff (Oakland, California)
Based on a review of their qualification submittals, the selection committee invited the first seven of the
firms listed above to interview with the committee. Interviews were held on September 12 and 13, 2006.
Based on the rankings of the qualification submittals and the interviews, PSOMAS Corporation was
selected to provide engineering and environmental services for the TRIP project to construct an
interchange at Morning Drive. In accordance with federal procurement procedures for these types of
services, after PSOMAS Corporation was selected, their cost for providing these services was then
negotiated by the TRIP staff.
The scope of services provided by PSOMAS will include: project management, preliminary engineering,
environmental document preparation and approval, geotechnical support, and public outreach. Conceptual
engineering provided will support the environmental document and meet the needs of the National
July 9, 2007, 2:52PM NF PW Engr
G:\GROUPDA l\ADMINRPl\2007\07-18\PSOMAS Agreement Adm in .doc
ADMINISTRATIVE REPORT
Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The
work schedule for PSOMAS is approximately 24 months.
This project will consist of constructing an interchange at Morning Drive and SR-178. Extend the freeway
1.5 miles east of Morning Drive and transition to a four-lane highway that will extend to Canteria Road,
west of SR-184, to connect to the existing four-lane highway configuration.
July 9.2007, 2:52PM NF PW Engr
G:\GROUPDA l\ADMINRPT\2007\07-18\PSOMAS Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\. 7- .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 10, 2007
SUBJECT: Design Consultant Agreement with RBF Consulting Corporation ($1,858,193) for
Engineering and Environmental Services for the widening of 24th Street (SR-178). (Ward 2)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental
Services for Thomas Road Improvement Program (TRIP) Medium-Sized Projects. Twelve firms
responded to this RFQ:
RBF (Camarillo, California)
PSOMAS (Sacramento, California)
LAN (Irvine, California)
Moffatt & Nichol (Long Beach, California)
Mark Thomas (San Jose, California
Nolte (San Jose, California)
Katz, Okitsu (Monterey Park, California)
Omni Means (Roseville, California)
David Evans (Ontario, California)
Stantec (Bakersfield, California)
T.Y. Lin (San Ramon, California)
Parsons Brinckerhoff (Oakland, California)
Based on a review of their qualification submittals, the selection committee invited the first seven of the
firms listed above to interview with the committee. Interviews were held on September 12 and 13, 2006.
Based on the rankings of the qualification submittals and the interviews, RBF Consulting Corporation was
selected to provide engineering and environmental services for the TRIP project to widen 24th Street. In
accordance with federal procurement procedures for these types of services, after RBF Consulting
Corporation was selected, their cost for providing these services was then negotiated by the TRIP staff.
The scope of services provided by RBF Consulting will include: project management, preliminary
engineering, environmental document preparation and approval, geotechnical support, and public
outreach. Conceptual engineering provided will support the environmental document and meet the needs
July 9,2007, 3:09PM NF PW Engr
G:\GROUPDATlADMINRPT\2007\07-18\RBF Widen Agreement Admin.doc
ADMINISTRATIVE REPORT
of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA)
requirements. The work schedule for RBF Consulting is approximately 24 months.
This project will consist of widening one mile of the existing four lanes of 24th Street (SR-178) to six lanes
from Elm Street (the eastern limit of the SR-178/0ak Street Interchange project) to D Street.
July 9, 2007, 3:09PM NF PW Engr
G:\GROUPDAT\ADMINRPT\2007\07-18\RBF Widen Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: t.f . C\o....
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEADJt_
CITY ATTORNEY t/~
July 10, 2007
CITY MANAGER
SUBJECT: Design Consultant Agreement with RBF Consulting Corporation ($ ,51 ,799) for
Engineering and Environmental Services for the 24th Street and Oak Street Interchange.
(Ward 2)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental
Services for Thomas Road Improvement Program (TRIP) Medium-Sized Projects. Twelve firms
responded to this RFQ:
RBF (Camarillo, California)
PSOMAS (Sacramento, California)
LAN (Irvine, California)
Moffatt & Nichol (Long Beach, California)
Mark Thomas (San Jose, California
Nolte (San Jose, California)
Katz, Okitsu (Monterey Park, California)
Omni Means (Roseville, California)
David Evans (Ontario, California)
Stantec (Bakersfield, California)
T.Y. Lin (San Ramon, California)
Parsons Brinckerhoff (Oakland, California)
Based on a review of their qualification submittals, the selection committee invited the first seven of the
firms listed above to interview with the committee. Interviews were held on September 12 and 13, 2006.
Based on the ran kings of the qualification submittals and the interviews, RBF Consulting Corporation was
selected to provide engineering and environmental services for the TRI P project to construct a grade
separated interchange at the existing intersection of 24th Street and Oak Street. In accordance with
federal procurement procedures for these types of services, after RBF Consulting Corporation was
selected, their cost for providing these services was then negotiated by the TRIP staff.
The scope of services provided by RBF Consulting will include: project management, preliminary
engineering, environmental document preparation and approval, geotechnical support, and public
outreach. Conceptual engineering provided will support the environmental document and meet the needs
July 9,2007,2:51 PM NF PW Engr
G:\GROUPDAT\ADMINRPT\2007\07-18\RBF Interchange Agreement Admin.doc
ADMINISTRATIVE REPORT
of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA)
requirements. The work schedule for RBF Consulting is approximately 24 months.
This project will consist of constructing a grade separated interchange at the existing intersection of 24th
Street and Oak Street.
July 9, 2007, 2:51 PM NF PW Engr
G:\GROUPDAT\ADMINRPT\2007\07-18\RBF Interchange Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~. bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
I./i
(./':
DEPARTMENT HEAD , /h,
CITY ATTORNEY
CITY MANAGER
July 10, 2007
SUBJECT: Update Kern Regional Transportation Model (Various Wards):
1. Memorandum of Understanding (MOU) with Kern Council of Governments (Kern
COG) for the City of Bakersfield to complete the Kern Regional Transportation
Model.
2. Amendment No. 1 to Agreement 06-053 with Parsons Transportation Group Inc, to
complete the Kern Regional Transportation Model ($160,000.00 increase).
3. Appropriate $80,000 Other Agency Share and $80,000 fund balance to the Public
Works Department's Capital Improvement Budget within the Transportation
Development Fund (County share to be determined at a later date).
RECOMMENDATION:
Staff recommends approval of the MOU, Contract Amendment, and
appropriations.
BACKGROUND: In 2004, the Kern COG Board entered into a contract with Dowling and Associates to
update the Kern Regional Transportation Model (Update) used for air quality analysis. The contract
required the use of 2003 socio-economic data, assumptions, and counts. Delays in funding caused by
the late re-authorization of the federal transportation spending bill resulted in staffing problems at
Dowling and an Update that is 2 years behind schedule.
Due to the schedule delay, Kern COG approached the City of Bakersfield and asked whether Parsons,
through the Thomas Road Improvement Program (TRIP), could complete the work that Dowling started
and complete the Update. On June 21st, 2007 the MOU (Exhibit "A") between the City and Kern Cog
was approved and signed by the Kern COG Board. In the MOU, Kern COG agreed to provide the City
with the $80,000 that remains in the initial budget with Dowling and Associates. Parsons estimates the
total cost to complete the Update will be approximately $160,000. As this model is necessary for the
continued development of the TRIP projects, staff is recommending that the City provide the additional
funding ($80,000) needed to complete this work. Kern County staff has also recently agreed that the
County should participate in helping pay for this Update, and so a subsequent separate agreement
between the City and County will be forthcoming that outlines the County's proportionate share of the
additional funding needed to complete the Update.
The City of Bakersfield has a Consultant Agreement with Parsons Transportation Group Inc., to provide
Program Management Services for TRIP. This Agreement needs to be amended to include the tasks
required to complete the Update. Upon Parson's review of Dowling's data, Parsons will prepare a
schedule for completing the work.
July 10, 2007, 3:36PM
Tdw:G:\GROUPDA T\ADMINRPT\2007\07 -18\Parsons Amendment and Mou-Kern Cog Admin REV1.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: '-t. CL .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
June 22, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. WR 06-027 with Kennedy/Jenks Consultants
($ 7,500.00; revised not to exceed $ 47,200.00) to include services to design a new access
platform in the rehabilitation of the Farmer Stine Anderson Weir Project. (Ward 3)
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The cost of rehabilitating the Farmer Stine Anderson Weir is being shared with Kern
Delta Water District, part owner of the structure. Under the terms of our current agreement, Kern Delta will be
contributing 49% of the total costs of the project. This amendment to Agreement No. WR 06-027 will modify the
agreement to include services associated with the design of an access platform in the front of the slide gates.
This new feature will allow City staff access to clean the trash racks at the site in a safer and more efficient
manner. The increase in the contract amount is $7,500.00 for a not to exceed amount of $47,200.00.
Funding for this project is currently available within the Water Resources Capital Improvement Budget.
June 20, 2007
5:12007 ADMIN REPORT5IJune18AgrWR06027(1 ).doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: y. dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
June 22, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. One (1) to Agreement for Legal Services No. 06-257 with tside counsel,
Duane Morris, LLP, for legal services in the matter of North Kern Water Storage District v.
Kern Delta Water District, et aI, (Tulare County Superior Court Case No. 96-172919; Fifth
Appellate District Court Case No. F047706) California Supreme Court No. S150976, and
City of Bakersfield v. Kern Delta Water District (CEQA) (Kern County Superior Court Case
No. S-1500-CV-258097 -NFT) Ventura County Case No. CIV242067, for an additional
$150,000 for a total in an amount Not to Exceed $400,000.
RECOMMENDATION:
Staff recommends approval of the Amendment.
BACKGROUND:
The City has generally used the services of Attorney Colin Pearce, a partner in the firm of Duane
Morris, LLP, as outside counsel on the North Kern Water Storage District v. Kern Delta Water District, et al
(1st Point) matter. The 1st Point matter will be completed soon and final billing will be issued; however, the
$250,000 compensation limit under Agreement No. 06-257 has been exhausted. Additionally, the legal
services for the CECA action filed by the City against Kern Delta which is connected to, but not a part of
the 1st Point matter, has been invoiced under the same Agreement. Attorney Pearce has advised that
additional funding of this Agreement for $150,000 should be adequate to finalize judgment on 1st Point and
City of Bakersfield v. Kern Delta, et al (CEQA) up to a trial court decision, barring any unfor~seen
circumstances.
This Amendment One (1) of Agreement No. 06-257 will increase the compensation amount to
$150,000 for a total in an amount Not to Exceed $400,000.
VG:dll
S:ICQUNCIL IAdminsl06-07 AdminslAtlyRetainerAgr.DuaneMonisNKemv.KemDeltaAmd1 .dot
June 22.2007, 2:50PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
June 25, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.1 to Consultant Agreement 07-098 with Gregory B. Bragg & Associates,
Inc. to Adjust the Rates for Liability Claims Administration
RECOMMENDATION:
Staff recommends approval of the Amendment.
BACKGROUND:
On February 28, 2007, the City entered into Agreement 07-069 with Gregory B. Bragg & Associates, Inc.
(Bragg) to provide claim adjustment services for certain severe claims. That Agreement expired on June
30, 2007.
On March 28, 2007, the City entered into Agreement No. 07-098 with Bragg whereby Bragg provides
adjustment services on all claims against the City, regardless of severity.
The hourly rates charged by Bragg under Agreement 07-098 are slightly lower than the rates charged
under Agreement 07-069. It was agreed with Bragg that when Agreement 07-069 expired, the rates would
be adjusted slightly upward, as noted in Exhibit "A".
June 26, 2007, 8:03AM
S:lAdmin Rpts\2007\Bragg Amendment 071807.doc
AT:RK:al
ADMINISTRATIVE REPORT
MEETING DATE: July 18,2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/APPROVED
fl..1
/j ~.-'
!,'....~"
June 12, 2007
SUBJECT: Amendment No. 1 to Agreement No. 06-370 with Universal Coat n Inc rporated
($12,601.50 for a total compensation of $361,201.50), for additional concrete co ting work
in primary clarifier 1 and 2 at Wastewater Treatment Plant #2 (Ward 1).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Primary clarifiers 1 & 2 are concrete holding tanks at Wastewater Treatment Plant #2
that are used to process raw sewage. Corrosive gases and substances are produced during this
treatment process and will deteriorate the condition of the concrete. Therefore, scheduled maintenance is
required by application of a protective coating on the concrete effluent channel, effluent channel area, and
primary effluent junction box walls.
Universal Coating was hired to provide concrete coating services of primary clarifiers 1 & 2 at Wastewater
Treatment Plant #2. Universal Coating provided concrete surface preparation and applied coating
material. Additional time, surface preparation, and application of coating were needed to correct
approximately 1,065 square feet of concrete degradation on the short interior effluent wall in primary
clarifier 1 & 2.
(Ics. PW WW)
June 20, 2007. 9:24AM
E7K102
G:\GROUPOA T\AOMI NRPT\2007\07 -18\Amend 06-370 (1 ).doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18,2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 28, 2007
SUBJECT: Amendment No.1 to Agreement No. 06-180 with Argo Chemical, Inc. ($107,000.00, revised
not to exceed $214,000.00 and extending the term for one (1) year) for the Annual Contract
for Pool Chemicals. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 21, 2006, Council awarded the Annual Contract for Pool Chemicals to Argo
Chemical, Inc., Bakersfield, CA, in the amount of $107,000.00. The Agreement includes provisions for
extension for four additional one-year terms and price escalation based on the Consumer Price Index or
the Producer Price Index, whichever is lower. City staff and Argo Chemical, Inc. agree to an extension of
Agreement with a 2.78% price escalation based on the Consumer Price Index. Extending the Agreement
allows the City to continue working with a good provider and saves staff time and efforts required if this
item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-180, Argo Chemical, AC Pool Chemicals, June 20, 2007.doc
June 28, 2007, 3:36PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: '4.hh.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 27, 2007
SUBJECT: Amendment NO.1 to Agreement No. 06-219 with Ameripride Uniform Services extending
the term for one (1) year for the Annual Contract for Industrial Laundry Services. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 19, 2006, Council awarded the Annual Contract for Industrial Laundry Services
to Ameripride Uniform Services, Bakersfield. The Agreement allows for a one (1) year extension if all
parties agree. City staff and Ameripride Uniform Services agree to the extension of Agreement under the
same terms and conditions. Extending the Agreement allows the City to continue working with a good
provider and saves staff time and efforts required if this item were to be re-bid.
Purchasing Division
S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement 06-219, Ameripride Uniform Services, AC Industrial Laundry Services, July 18,
2007.doc
June 28,2007, 3:54PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lt. i,. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
tl\
, '--<
July 3, 2007
SUBJECT: Contract Change Order Nos. 1 and 2 to Agreement No. 06-141 with Nich
Inc. ($145,826.79 for a revised not to exceed amount of $2,411,616.79) fo
Sewer Project fY'Jard 4).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for sewer lift station modification, installation of storm drain on
Allen Road, and installation of a trunk sewer line on Allen Road and Hageman Road.
Change Order No. 1 provides for the following:
· Increases in contract item quantities and various items of additional work necessary to widen an
area of Meachum Road west of Allen Road. These changes are needed to improve the overall
function of the street drainage and storm drain system being provided under this contract.
· Increases and decreases in contract item quantities and various items of additional work needed
to modify and relocate the storm drain system. This storm drain relocation is necessary due to
numerous conflicts with existing utilities (previously undetected).
The increases and decreases in contract item quantities reflected in Change Order NO.1 will result in a
net cost increase of $43,615.39.
Change Order NO.2 provides for the following:
· Realignment of the trunk sewer at various locations on Allen Road. This realignment is necessary
to avoid numerous conflicts with various existing utilities (previously undetected). The result is
various increases and decreases in contract time quantities which are detailed in the attached
Change Order NO.2. The net cost of these adjustments is $26,423.57.
· Additional work necessary to locate and protect previously undetected utilities. The contractor
must pothole, expose, and protect a large number of additional utilities which were not discovered
until construction began on this project. Further, working around these additional utilities will
negatively impact the contractor's operations resulting in extra cost for production loss. The net
cost of these items is $31,740.82. .
G:\GROUPDAT\ADMINRPT\2007\07-18\CCO 1-2 Allen Rd Sewer.doc
RM
ADMINISTRATIVE REPORT
· Right of Way delay due to failure of AT&T to move their overhead lines. Work on this project was
staged and timed based on statements from AT&T that they would relocate their power lines by a
certain date. AT&T failed to perform their relocation on these dates thereby causing a delay of
approximately 3 months to the project. The cost payable to the contractor for this delay under the
agreement is $54,047.01. This cost has been calculated in accordance with section 8-1.09 "Right
of Way Delays" of the State Standard Specifications.
· Credit for sags found in the sewer pipe. During testing of the sewer pipe, two small areas of pipe
were discovered to have approximately 2 inches of sag. The contractor has agreed to provide a
credit of ($10,000) to the City of Bakersfield for allowing this pipe to remain in place. .
The net cost increase of Change Orders 1 and 2 is $145,826.79 (6.4% increase from the original contract
price) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$2,265,790.00
$2,411,616.79
$ 145,826.79
.
=
=
G:\GROUPDAT\ADMINRPT\2007\07-18\CCO 1-2 Allen Rd Sewer.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4 . i ,.
VJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
July 3, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 07-028 with Walla an
Contractors ($23,353.68 for a revised not to exceed amount of $3,334,043.'68) f
Station NO.5 and Police Satellite Office Project (Ward 1). '
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the construction of a fire station and police satellite office at
106 E. White Lane.
Office space at the project site is being provided to City staff assigned to monitor and administrate this
project. In order for Staff to interface with the City's network server, DSL service is needed for this office.
The contractor has agreed to provide DSL service for the duration of the project for the lump sum price of
$426.07.
During construction of the chain link fencing, it was discovered that an additional section of fence is
needed to secure the canal area which runs adjacent to the project site. Further, a concrete curbing is
needed under the chain link fence in order to provide for both erosion and rodent control. The contractor
has agreed to provide the additional fencing for a lump sum of $2,434.72 and the concrete curbing for a
lump sum of $12,749.04.
During the submittal phase of the masonry block, it was discovered that the specified color was incorrect.
In order to change to the proper color, the manufacturer must remake the molds for a new color run. The
contractor has agreed to accept a lump sum of $5,138.20 to make this color change.
During construction, it was discovered that the building footing needed to be modified in order to provide
proper pedestrian access in the area on the west side of the new building. The contractor has agreed to
modify the footing in this area for the lump sum of $1,457.24.
During construction, it was discovered that the number of outlets in the communications room were
insufficient for the amount of equipment ultimately planned for this area. In order to meet future equipment
requirements, three (3) additional outlets, each on a dedicated circuit, need to be installed. The contractor
has agreed to install these outlets for the lump sum price of $1,148.41.
G:\GROUPDAnADMINRPT\2007\07-18\CCO 1 Fire Station 5.doc
RM
ADMINISTRATIVE REPORT
This is the first change order to be submitted for this project. This change order will increase the project
total by $23,353.68 (which is an increase of 0.7% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$3,310,690.00
$3,334,043.68
$ 23,353.68
.
=
=
G:\GROUPDAT\ADMINRPT\2007\07-18\CCO 1 Fire Station 5.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 'i .IGK..
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 3, 2007
SUBJECT: Contract Change Order No. 1 to Agreement No. 07-071 with Granit' Co struction
Company ($89,300.66 for a revised not to exceed amount of $1,955,138.66) for the Street
Improvements: Pavement Reconstruction Gosford Road and Olympia Drive (Wards 5 & 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the reconstruction of Gosford Road from Pacheco Road to
Panama Lane and the reconstruction of Olympia Drive from South Laurelglen Boulevard to South Half
Moon Drive.
During the reconstruction of both Gosford Road and Olympia Drive, it was discovered that there were
large areas of saturated unstable earth underneath the old roadway. This previously unknown soil
condition is of such a nature that it will not support the new roadway to be constructed. The contractor has
agreed to excavate these areas and supply suitable material (asphalt concrete grindings) in place for the
lump sum price of $132,871.81.
While reconstructing the alley cross gutter on Olympia Drive just south of South Laurelglen Boulevard, it
was discovered that additional pavement and concrete removal and replacement will be necessary in the
alley area in order to provide for a proper transition from the alley to the newly constructed Olympia Drive.
The contractor has agreed to do this work for the lump sum price of $6,709.48.
During excavation in Gosford Road, a large void was discovered underneath the old roadway. This void is
of such a nature that backfill with cement sand slurry will be necessary in order to properly fill this area.
The contractor has agreed to do this work for the lump sum price of $228.81.
Several contract item quantities must be either increased or decreased in order to construct the project per
the plans and specifications. The net cost of these increases and decreases in quantity will result in a net
credit of ($50,509.44).
This is the first change order to be submitted for this project. This change order will increase the project
total by $89,300.66 (which is an increase of 4.8% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$1,865,838.00
$1,955,138.66
$ 89,300.66
.
=
=
G:\GROUPDAT\ADMINRPT\2007\07-18\CCO 1 Gosford Olympia Reconstruction.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4 . I\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 2, 2007
SUBJECT: Reject bid for one (1) electric in-feed bunker. (Ward 1)
RECOMMENDATION: Staff recommends rejection of the bid.
BACKGROUND: In order to meet air pollution control requirements while handling the increasing work
load at the greenwaste recycling facility, Council approved a capital project in the FY 2006-07 budget to
replace diesel-powered processing equipment with electric-powered equipment. On November 15, 2006,
Council approved the purchase of the first of this equipment, two (2) electric wood grinders, which were
purchased from Morbark, Inc. using of a Government Services Administration (GSA) contract. Additional
equipment to be purchased included one (1) electric green waste sorting station, three (3) electric
screening plants and one (1) electric in-feed bunker.
Invitations to Bid were sent to thirteen suppliers for the purchase of the electric in-feed bunker. Pacific
Rock and Recycle submitted the sole bid in the amount of $378,641.88 which exceeded the budgeted
amount.
Staff will revise the specifications for the electric in-feed bunker and re-advertise for bids.
Purchasing Division
S:\PURCHIADMIN\Reject Bid - Electric In-Feed Bunker, 06-07-78, July 18. 2007.doc
July 6,2007, 8:43AM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lf. rY\ f)'\ .
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Piranha Pipe and Pre-Cast ($811,351.61) for the purcha~e f sewer pipe
and manholes for SO-inch sewer main construction for Waste Water Treatment Plant #3
along McCutchen Road from Gosford Road to Ashe Road (Ward 6)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
1"/7
1',/
/,'
July 3, 2007
RECOMMENDATION: Staff recommends acceptance of low bid and issuance of purchase order.
BACKGROUND: This project consists of constructing a new sewer line 60-inch in diameter complete in
place with manholes and appurtenances. The sewer line extends from approximately 500 feet east of
Gosford Road to the main sewer trunk entering the Wastewater Treatment Plant #3 Headworks,
approximately 4,500 feet east of Gosford Road.
Since the developer to the north of McCutchen Road is responsible for the construction of the north part of
the roadway between Gosford Road and Ashe Road, the developer will also construct the city's south half
of the roadway as part of an agreement. The developer would like to start the roadway construction by
January 1, 2008. In order to meet this deadline it was in the City's best interest to pre-purchase the sewer
pipe and manholes. The sewer line will be built by the City's contractor on the WWTP #3 expansion. The
anticipated delivery date of the sewer pipe and manholes is October 1, 2007 which would give the
contractor three (3) months to lay the sewer pipe before the developer starts paving the roadway.
On July 3,2007, four acceptable bids were received as follows:
Piranha Pipe and Pre-Cast
P.O Box 760
Chowchilla, Ca 93610 (Out of Town)
in the amount of
($811,351.61 )
Hanson Pipe and Pre-Cast
7020 Tokay Avenue
Sacramento, Ca 95828 (Out of Town)
in the amount of
($834,988.92)
Rinker Materials
4150 N. Brawley
Fresno, Ca 93722 (Out of Town)
in the amount of
($983,697.27)
Ameron International
10681 Foothill Blvd, Suite 450
Rancho Cucamonga, Ca 91730
(Out of Town)
in the amount of
($1,202,669.33)
PW/design engineering/NSG (E4K114)
July 5, 2007, 8:39AM
G:\GROUPDAT\ADMINRPn2007\07-18\Sewer Pipe Purchase.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: LI.nn.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
July 2, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Pacific Rock and Recycle in the amount of $1,549,705.00 for three electric
greenwaste screening plants. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: In order to meet air pollution control requirements while handling the increasing work
load at the greenwaste recycling facility, Council approved a capital project in the FY 2006-07 budget to
replace diesel-powered processing equipment with electric-powered equipment. On November 15, 2006,
Council approved the purchase of the first of this equipment, two (2) electric wood grinders, which were
purchased from Morbark, Inc. using of a Government Services Administration (GSA) contract. Additional
equipment to be purchased included one (1) electric green waste sorting station, three (3) electric
screening plants and one (1) electric in-feed bunker.
Invitations to Bid were sent to thirteen suppliers for the purchase of the three (3) electric greenwaste
screening plants. Pacific Rock and Recycle submitted the sole bid in the amount of $1,549,705.00.
Staff finds the bid submitted by Pacific Rock and Recycle to be acceptable.
Purchasing Division
S:\PURCHIADMIN\Electric Green Waste Screening Plant (3), 06-07-01, July 18, 2007.doc
July 6,2007, 8:44AM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: I:.{ .00.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
July 2, 2007
SUBJECT: Accept bid from Morbark, Inc. in the amount of $248,673.07 for one electric greenwaste
sorting station. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: In order to meet air pollution control requirements while handling the increasing work
load at the greenwaste recycling facility, Council approved a capital project in the FY 2006-07 budget to
replace diesel-powered processing equipment with electric-powered equipment. On November 15, 2006,
Council approved the purchase of the first of this equipment, two (2) electric wood grinders, which were
purchased from Morbark, Inc. using of a Government Services Administration (GSA) contract. Additional
equipment to be purchased included one (1) electric green waste sorting station, three (3) electric
screening plants and one (1) electric in-feed bunker.
Invitations to Bid were sent to thirteen suppliers for the purchase of the electric greenwaste sorting station.
Two bids were received in response to solicitation and are as follows:
BIDDER AMOUNT
Morbark, Inc. $248,673.07
Winn, Michigan
Pacific Rock and Recycle $459,137.25
Olalla, Washington
Staff finds the low bid submitted by Morbark, Inc. to be acceptable.
Purchasing Division
S:\PURCH\ADMIN\Electric Green Waste Sorting Station, 06-07-77, July 18, 2007.doc
July 6, 2007, 8:43AM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 28, 2007
SUBJECT: Accept bid from M&M Computers ($54,624.57) for Hewlett Packard Printers. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to approximately two hundred fifty (250) suppliers for Hewlett
Packard printers to be used by various City departments. Eighteen (18) bids were received in response to
the solicitation.
Staff finds the low bid to be acceptable and recommends award of the bid to M&M Computers, Brooklyn,
New York in the amount of $54,624.57.
Spreadsheet attached.
Purchasing Division
S:\PURCHIADMIN\Hewlett Packard Printers, 06-07-108, July 18, 2007.doc
Created on 6/28/2007 1 :04:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L./.
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DATE:
July 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Annual Contracts for Auctioneer/Broker Services. (Citywide)
1. Accept proposal and award contract to Tri-State Auction Systems, Inc. dba Metro
Motors for auctioning and selling City surplus personal property and vehicles.
2. Accept proposal and award contract to Quality Team, Inc. for auctioning and selling City
surplus personal property and equipment.
RECOMMENDATION: Staff recommends acceptance of the proposals and award of contracts with the
option to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Requests for Proposals were sent to over forty (40) companies for providing an Annual
Contract for Auctioneering/Broker Services for City-owned surplus personal property and equipment. The
scope of work includes providing auctioneering/broker services for surplus vehicles and equipment,
surplus personal property such as desks, chairs and file cabinets and surplus computers and printers.
Two proposals were received in response to solicitation; both proposals are from the City's current
contractors - Tri-State Auction Systems and Quality Team, Inc.
The proposal submitted by Tri-State Auction Systems is for the sale of surplus equipment and vehicles
and other miscellaneous personal property. Tri-State Auction Systems has indicated in its proposal that it
will not charge the City a commission on the sale of City surplus personal property and equipment;
instead, they will collect a buyer premium from the purchaser for each sale.
The proposal submitted by Quality Team is for the sale of computers and related equipment only; the
commission for these sales will be twenty-five percent of the sales price.
Staff reviewed the proposals and has determined it is in the City's best interest to award contracts to each
of the offerors to ensure a reliable and continuing source for the sale of City surplus personal property and
equipment. The contracts are renewable annually for four consecutive one-year periods at the City's
option and upon mutually agreeable terms.
Purchasing Division
S:\PURCH\ADMIN\AC for Auctioneering and Broker Services for Surplus Personal Property, 06-07-112, July 18, 2007.doc
Created on 7/10/20074:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L1.....t".
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
June 28, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Ferguson Enterprises (not to exceed $80,000.00) for the
annual contract for fire hydrants and hydrant repair parts. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract with the option to
renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: Invitations to Bid were sent to twelve suppliers for the Annual Contract for Fire Hydrants
and Hydrant Repair Parts. Two bids were received in response to solicitation and staff finds the low bid
submitted by Ferguson Enterprises to be acceptable. The contract is renewable annually for four
consecutive one-year periods at the City's option and upon mutually agreeable terms.
Spreadsheet attached
Purchasing Division
S:\PURCH\ADMIN\AC for Fire Hydrants and Hydrant Repair Parts, 06-07-59, Ferguson Enterprises, July 18, 2007.doc
July 2,2007, 4:30PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: Y.5S.
TO:
Honorable Mayor and City Council
APPROVED
f-i/
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
DATE:
June 14, 2007
SUBJECT:
CITY MANAGER
Quitclaim Deed to KB Homes for Lots 14-17 of Tract No. 6190, located l e s uthwest
corner of Mt. Ridge Drive and Rockview Drive, for incorporation into their development
(Ward 6).
RECOMMENDATION: Staff recommends approval of quitclaim deed.
BACKGROUND: The Final Map for Tract No. 6190 was recorded on December 15, 2004. The recorded
Final Map specifies that Lots 14 -17 were dedicated to the City of Bakersfield for use, as a permanent
basin to retain drainage from Tract 6190 per conditions of approval. However, the drainage basin was
designed to be temporary until the terminal drainage basin located at the northwest corner of McKee Road
and High Ridge Drive was built. Since the terminal drainage basin has been constructed with Ridge View
High School, the temporary drainage basin within Tract 6190 is no longer needed. KB Homes has
requested that the City prepare a quitclaim deed to KB Homes lots 14-17 so they can backfill the
temporary drainage basin and incorporate the lots into their development. Public Works had reviewed
their request and has determined that the temporary drainage basin is no longer needed and should be
formally quitclaimed.
G:\GROUPDAT\ADMINRPT\2007\07-18\Quitclaim lots 14 -17 Tract 6190.doc
Mb
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. tt.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
June 22, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate a total of $86,416.00 State Grant Revenue for the Waste Tir lea Up Grant
Program; $27,072.00 to the Development Services Operating Budget in the Ge eral Fund
and $59,344.00 to the Solid Waste Operating Budget in the Refuse Fund. (All Wards).
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
The City has received a $86,416.00 state grant from the California Integrated Waste Management Board
(CIWMB) for Waste Tire Clean Up. The grant will offset funding for staff time in Code Enforcement and
Solid Waste directly related the collection and removal of waste tires illegally dumped on several locations
throughout the City. In addition to offsetting staff time, the grant will also fund the costs associated with
contracting with a licensed waste tire hauler to transport and dispose of waste tires at a permitted waste
tire storage facility.
Illegally dumped tires contribute to blight and create vector control and health and safety issues if not
addressed.
June 26, 2007, 9:51AM
C:\OOCUME-1\bbrown\LOCALS-1\Temp\xPgrpwise\Clean Up Grant Admin Appr Funds.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, .2007
AGENDA SECTION: Consent Calendar
ITEM: LI.uLt.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
June 22, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $82,445.00 State Grant Revenue for the Waste Tire E r ment Grant
Program to the Development Services Operating Budget in the General Fund (All Wards).
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
The City has received a $82,445.00 state grant from the California Integrated Waste Management Board
(CIWMB) for Waste Tire Enforcement. The grant will offset funding for Code Enforcement staff time
directly related to the development, monitoring and implementation of a program to educate tire dealers
and auto dismantlers of their responsibilities as waste tire generators and reduce the illegal disposal of
waste tires.
June 26. 2007. 9:50AM
C:\DOCUME-1\bbrown\LOCALS-1\Temp\XPgrpwise\TireEnforcment Grant Appr Funds Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.(,VV.
TO: Honorable Mayor and City Council
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
July 3, 2007
SUBJECT: Sports Village Park:
1) Appropriate $598,126 State of California Workforce Housing Grant funds to the Capital
Outlay Fund for the Sport Village Park. - (Ward 6)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Workforce Housing Reward Grant Program (WFH) rewards cities and counties that approve
affordable housing. The program was established in 2002 and funded through Proposition 46, the
Emergency Shelter Trust Fund Act.
In March of 2006, staff submitted a grant request for funds to design and engineer the new 100 acre
Sports Village Park. WFH selected our grant proposal and delivered a $598,126 check to fund the
program.
The WFH program grant funds are restricted for use to only capital asset projects that benefit the
community and add to the community's quality of life. The City received grant funds via this program in
2003 for $314,822 (used for The Park at Riverwalk children's playground); and in 2004 for $148,458 (used
for Chester Avenue Streetscape Phase II).
S:\Admins\City Council\City Council Admins 2007\sports village appropriation.doc
7/3/200711:51 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.wvJ.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
APPROVED
July 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $10,000 contribution to the Capital Outlay Fund in the Recreat a (:j Parks
Department Capital Improvement Budget from the Bakersfield Foundation for a c mmunity
garden at the Dr. Martin Luther King, Jr. Community Center, 1000 So. Owens Street
(Ward 1).
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Bakersfield Californian Foundation donated $10,000 to the Bakersfield Foundation for the Recreation
and Parks Department to establish a community garden at the Dr. Martin Luther King, Jr. Community
Center. The funds need to be appropriated from the Bakersfield Foundation to the Recreation and Parks
Department Capital Improvement Budget to expend the funds needed for the project.
The community garden will provide an area to educate children and others about horticulture, land
cultivation, and nutrition. In addition, children will be able to actively participate in growing their own food,
enjoying an outdoor activity, and learning about fresh and healthy foods. The program will include
assistance from staff and other organizations as well as college students majoring in this field. The grant
funds will be used to install a 10-foot chain link fence, planters, curbing, seed, fertilizer, plants, irrigation,
gardening tools, and educational materials. The garden will be approximately 2,000 square feet and
located adjacent to the tennis courts on the southeast area of the park.
July 6,2007, 10:26AM:rlj
S:\2007 Admins\Bak_CaLMLK-AdminJ-D7.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: LI. xx .
TO:
FROM:
Honorable Mayor and City Council
APP-BOVED
DEPARTMENT HEAD ~iJ
CITY ATTORNEY ~
Donna L. Kunz, Economic Development Director
CITY MANAGER
DATE:
July 8, 2007
SUBJECT: Southeast Bakersfield Street Improvements:
1) Transfer $190,000 from the Southeast Redevelopment Project Area Operating
Budget to the Capital Improvement Budget for Street Improvements for the Union Avenue
to lip" Street and California to 4th Street Project. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This budget transfer request is necessary to provide additional funds for the Southeast Bakersfield Street
Improvement Project from Union Avenue to lip" Street and California to 4th Street. With construction cost
increases the original budget of $300,000 did not cover all the streets that were originally planned for Curb
and Gutter Improvements in this area.
Funds are budgeted within the Southeast Redevelopment Project Area operating budget for Fiscal Year
2007-08 to cover the additional costs for this Capital Improvement Project.
S:\Admins\City Council\City Council Admins 2007\SEStreetProjectCC7.18.2007.doc
7/8/2007 1 :14 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: Ll.'Iv.
, I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
July 10, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Request for conversion of approved position from Associate City Attorney to
Attorney I.
RECOMMENDATION:
Staff recommends approval of conversion request.
BACKGROUND:
In January 2006, City Council established what is now commonly referred to as the Community
Prosecution Program. Initially, four Associate Attorneys were hired to handle "quality of life" issues
and to prosecute City Council approved Penal Code violations in conjunction with the District
Attorney's Office. As discussed during the budget presentation, two of the original four associates
have left the City Attorney's Office in order to work exclusively as state prosecutors. A recent
recruitment secured one associate and this leaves one vacancy.
With the recent resignation of the Assistant City Attorney, only the City Attorney and a Deputy City
Attorney II remain to handle the many municipal issues within the city. Therefore, the City Attorney
is recommending that the vacant Associate City Attorney position be converted to a Deputy City
Attorney I. This will allow for more flexibility to handle both municipal and community prosecution
issues and is a critical step for successive planning and future growth. No additional equipment,
computer or costs will be incurred with this request and the additional salary will be absorbed
through budget savings within the City Attorney's Office.
VG:dll
July 10,2007, 12:57PM
S:ICQUNCIL IAdminsl07 -08 AdminslAssociale2Dplyl.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Consent Calendar
ITEM: Ll:2.:%...
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
July 12, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Settlement of claim from Bakersfield Community House for sewage backup damag
amount of $78,599.76.
RECOMMENDATION:
Staff recommends approval of the settlement.
BACKGROUND:
On January 17, 2007 a City sewer main backed up and sewage entered the Bakersfield Community
Center. It was determined that the cause of the backup originated in the City's main line. Repairs were
necessitated that resulted in the shutdown of the Center.
Risk Management monitored the restoration and repair process. To date, the City has paid $24,978.09 to
the Center for emergency repairs. There is a balance of $78,599.76 remaining to be paid. Service
providers are awaiting payment. The entire claim totals $103,577.85. A full release will be obtained.
(Typist's Initials lower case)
July 12,2007, 2:06PM
S:\Ralph\Liability\Admin. Rpt.--BCH Sewage Claim.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Presentations
ITEM: (O.ct.
TO: Honorable Mayor and City Council
FROM:
DATE:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Mayor Harvey L. Hall
July 6, 2007
SUBJECT: Presentation by Mayor Hall of Proclamation to John R. Roberts, Chie ro tion Officer,
Kern County Probation Department, proclaiming July 15-21, 2007, as "Prob tion, Parole &
Community Supervision Week".
RECOMMENDATION:
BACKGROUND:
ndw
July 6,2007, 2:10PM
S:\MA YOR\ADMIN\2007\PROBA TION WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Presentations
ITEM: 10. h.
TO: Honorable Mayor and City Council
FROM:
DATE:
Mayor Harvey L. Hall
June 27, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Certificates to Number 1 Ranked Graduat
School District.
RECOMMENDATION:
BACKGROUND:
ndw
June 27, 2007, 10:46AM
S:\MA YOR\ADMIN\2007\NUMBER 1 GRADUA TES.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 18, 2007
AGENDA SECTION: Hearings
ITEM: ILJ. it.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
June 19, 2007
SUBJECT: Hearing as required by Resolution of Intention No. 1536 regarding the M'
Chase Planned Major Thoroughfare Area (Ward 3).
1. Resolution of the City of Bakersfield Adopting the Miramonte Drive-Chase Planned
Major Thoroughfare Area and Making Findings Thereto.
2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060
of the Bakersfield Municipal Code relating to Bridge Crossings and Major
Thoroughfares. (Second reading)
RECOMMENDATION: Staff recommends overriding protests and adoption of Resolution and Ordinance.
BACKGROUND: First reading of the ordinance was given on June 6, 2007. Due to an error in noticing,
the hearing was re-noticed for July 18, 2007.
The City proposes to extend Miramonte Drive south to Chase Avenue and to extend Chase Avenue west
to Comanche Drive. These extensions will provide the residents of the Rio Bravo Area with a much
needed connection to Comanche Road and State Highway 58. Construction of this road connection was a
requirement of the property owner (Arnold Pettit) of Section 23, T.29 S., R.29 E., M.D.M., and the
subdivider of Tentative Tracts 6839 through 6844 (GFC Properties LLC). Other properties being
developed in the Rio Bravo area have been required to participate or contribute to the cost of construction
of this thoroughfare. As a part of the condition of GPA/ZC 05-0875 on Section 23, the City agreed to
assist the owner in a method to reimburse him for the cost of acquiring right of way, design of
improvement plans and construction of Miramonte Drive and Chase Avenue as outlined above. A Bridge
and Thoroughfare District is the method which will accomplish this goal. The Bridge and Thoroughfare
District will require payment of the proportionate share of cost of the road of all undeveloped properties
within the benefited area upon their development.
A summary of the subject items follows:
Subject No.1: The hearing is in regard to the adoption of the Miramonte Drive-Chase Avenue Planned
Major Thoroughfare Area.
Subject NO.2: The Resolution Adopts the Miramonte Drive-Chase Avenue Planned Major Thoroughfare
Area.
Subject NO.3: The Ordinance adds the Miramonte Drive-Chase Avenue Planned Major Thoroughfare
Area to Section 16.32 060 of the Bakersfield Municipal Code.
mps
June 19,2007, 1:34PM
G:\GROUPDA 1\ADMINRPT\2007\07-18\Miramonte-Chase Adopt.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 20, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch (seated at 5:17 p.m.), Sullivan
(seated at 5:17 p.m.), Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (Three issues)
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Canyons, LLC and DKS Investments, LLC v
City and DOES 1 through 50, inclusive.
Kern County Superior Court Case No. S-
1500-CV-260175-AEW
2. DKS Investments, LLC; John M. Tarabino
and Joseph A. Tarabino; Canyons, LLC;
General Holding, Inc. v City; City Council;
DOES 1 through 50, inclusive. Kern County
Superior Court Case No. S-1500-CV-
259731-LPE
3. John M. Tarabino and Joseph A. Tarabino;
DKS Investments, LLC v City KCSC Case
No. S-1500-CV-257620-SPC
Bakersfield, California, June 20, 2007 - Page 2
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:17 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:42 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Couch, Weir, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Reverend Steven J. Hunt, First Assembly
of God Church.
7. PLEDGE OF ALLEGIANCE by Jordan January, 7th Grade
Student at Rosedale Middle School.
Mayor Hall acknowledged a Bakersfield College political
science attendance at the meeting.
8. CLOSED SESSION ACTION
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (Three issues)
b. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
a.
1.
Canyons, LLC and DKS Investments, LLC v
City and DOES 1 through 50, inclusive.
Kern County Superior Court Case No. S-
1500-CV-260175-AEW
2.
DKS Investments, LLC; John M. Tarabino
and Joseph A. Tarabino; Canyons, LLC;
General Holding, Inc. v City; City Council;
DOES 1 through 50, inclusive.
Kern County Superior Court Case No. S-
1500-CV-259731-LPE
3.
John M. Tarabino and Joseph A. Tarabino;
DKS Investments, LLC v City KCSC Case
No. S-1500-CV-257620-SPC
ACTION TAKEN
APPROVED
APPROVED
TWO ISSUES NO
REPORTABLE
ACTION, ONE ISSUE
A TTORNEY GIVEN
DIRECTION
A TTORNEY GIVEN
DIRECTION
A TTORNEY GIVEN
DIRECTION
A TTORNEY GIVEN
DIRECTION
Bakersfield, California, June 20, 2007 - Page 3
ACTION TAKEN
9.
PRESENTATIONS
None.
10. PUBLIC STATEMENTS
a. Kathleen Ramos spoke regarding the McDonald
Sewer Project.
Councilmember Carson stated it was her
understanding that the connection fees had been
frozen and requested the Public Works department
meet with Ms. Ramos regarding the issue.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 14, 2007 and June
4, 2007 Budget Meetings and the June 6, 2007
Regular City Council Meeting.
Payments:
b.
Approval of department payments from May 25,
2007 to June 7, 2007 in the amount of
$9,306,474.41 and self-insurance payments from
May 25,2007 to June 7, 2007 in the amount of
$350,626.59.
ASS WEIR
Ordinances:
c.
First Reading of Ordinance amending Chapters
5.48, 12.16 and 12.20 of the Municipal Code
regarding video service providers.
FR
d.
First Reading of Ordinance amending Chapter 5.14
of the Municipal Code regarding cabaret permits.
FR
e.
Adoption of Ordinances regarding Redevelopment
Legislation - SB 53 and SB 1809:
1. Downtown Redevelopment Project Area
2. Old Town Kern - Pioneer Redevelopment
Project Area
3. Southeast Bakersfield Redevelopment
Project Area
ORD 4443
ORD 4441
ORD 4442
Bakersfield, California, June 20, 2007 - Page 4
12.
CONSENT CALENDAR continued
Resolutions:
f.
Resolution designating certain City personnel as
certifying officers authorized to execute
Environmental Review Record pursuant to Federal
law.
g. Proposed Assessment District No. 07-1 (Vista View
Estates):
1.
Resolution accepting petition and
determining to undertake special
assessment proceedings.
Resolution approving boundary map.
Resolution of Intention No. 1540
2.
3.
h. Resolution adding the following territories to the
Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
1.
2.
Area 3-69 (Ashe, McCutchen NE)
Area 3-70 (McCutchen, Mountain Ridge NE)
i.
Resolution of Intention No. 1541 to add territory,
Area 3-71 (Mountain Vista, Panama SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Resolution of Intention No. 1542 to add territory,
Area 4-78 (King, Kentucky NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Resolution of Intention No. 1543 to add territory,
Area 5-38 (Cottonwood, Casa Loma SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
j.
k.
ACTION TAKEN
RES 128-07
RES 129-07
RES 130-07
RO/1540
RES 131-07
RES 138-07
RO/1541
RO/1542
RO/1543
Bakersfield, California, June 20, 2007 - Page 5
12.
CONSENT CALENDAR continued
Agreements:
I.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements
with Old River Road, LLC for Tract 6359
Phases 1 & 2 located south of Panama Lane
on Old River Road.
2.
Final Map and Improvement Agreements
with Stuart Thomas, Inc. dba Lenox Homes
for Tract 6520 Phase 1 located east of S.
Union Avenue on E. Berkshire Road.
m.
Assignment of Agreement No. 94-131 with Harry
Hackner to John Harmon for ground lease of hangar
space D-4.
Agreement with County of Kern to collect special
assessment and district fees.
n.
o.
Agreement with Griswold, LaSalle, Cobb, Dowd &
Gin, LLP (not to exceed $100,000) to provide legal
services for acquisition of right of way for
construction of Westside Parkway.
Property Insurance:
1. Joint Powers Agreement with the California
State Association of Counties Excess
Insurance Authority (CSAC EIA).
2. California Public Entity Insurance Authority
Property Program Memorandum of
Understanding.
q. Workers' Compensation Utilization Review and
Nurse Case Management:
p.
Agreement with Professional Dynamics, Inc.
(not to exceed $75,000 annually) to
provide utilization review services for Self-
Insured Workers' Compensation
Program.
2. Agreement with Comprehensive Care
Systems (not to exceed $50,000 annually) to
provide nurse case management services for
Self-Insured Workers' Compensation
Program.
1.
ACTION TAKEN
AGR 07-176
AGR 07-177
AGR 07-178
AGR 07-179
AGR 07-180
AGR 07-181
AGR 07-182
AGR 07-183
AGR 07-184
REMOVED FOR
SEPARA TE
CONSIDERA TION
AGR 07-187
AGR 07-188
Bakersfield, California, June 20, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
r. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 02-0193 (Panama
Lane Shopping Center):
1. Amendment No. 1 to Agreement No. 05-118 AGR 05-118(1)
with Michael Brandman and Associates
($475,000) for preparation of the EIR.
2. Appropriate $475,000 (developer's
contribution) to the Development Services
operating budget in the General Fund for the
EIR consultant.
s. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 02-0300
(Gosford Village):
1. Amendment No. 1 to Agreement No. 05-117 AGR 05-117(1)
with Michael Brandman and Associates
($478,500) for preparation of the EIR.
2. Appropriate $478,500 (developer's
contribution) to the Development Services
operating budget in the General Fund for the
EIR consultant.
t. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 06-1052 located at
the southwest corner of Panama Lane and Ashe
Road:
1. Agreement with Maurice J. Etchechury, AGR 07-189
representing the John M. Antongiovani Trust,
Inc. ($186,773) for preparation of the EIR.
2. Agreement with Jones and Stokes AGR 07-190
Associates, Inc. ($139,800) to prepare the
EIR.
3. Appropriate $139,800 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
u. Cooperative Agreement with the State of California AGR 07-191
Department of Transportation for control of storm
water run-off at the new interchange on State Route
178 at Fairfax Road.
Bakersfield, California, June 20, 2007 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
v. Agreement with Meyer Civil Engineering, Inc. AGR 07-192
($106,640) for the preparation of plans, ASS COUCH
specifications and estimate in accordance with City
requirements for the primary channel elements of
the Mill Creek Project along the Kern Island Canal.
w. Amendment NO.1 to Agreement No. 07-016 with AGR 07-016(1)
County of Kern for County jail booking and
processing services.
x. Senior Housing Project located at 24th and R
Streets:
1. Amendment No. 1 to Agreement No. 06-172 AGR 06-172(1)
with the Housing Authority of the County of
Kern ($500,000; revised total $2,000,000
HOME Investment Partnership funds) to
construct 60 affordable senior apartments.
2. Appropriate $100,000 prior year HOME
Investment Partnership Program Income to
the Economic and Community Development
Operating budget within the HOME
Investment Partnership Fund.
y. Amendment No. 1 to Agreement No. 06-158 with AGR 06-158(1)
Target Specialty Products ($245,000; revised not
exceed $490,000 and extending term for one (1)
year) for insecticides and herbicides.
z. Amendment No. 1 to Agreement No. 06-179 with AGR 06-179(1)
Kern Turf Supply ($210,000; revised not to exceed
$420,000 and extending the term for one (1) year)
for irrigation parts and supplies.
aa. Amendment NO.3 to Agreement No. 05-065 with AGR 05-065(3)
San Joaquin Fence and Supply ($100,000; revised
not to exceed $600,000) for fencing.
bb. Amendment No. 1 to Agreement No. 06-220 with AGR 06-220(1)
Kern Sprinkler Landscaping, Inc. ($175,000; revised
not to exceed $350,000 and extending term for one
(1) year) for irrigation and landscaping services.
cc. Amendment NO.1 to Agreement No. 06-221 with AGR 06-221(1)
Pestmaster Services, Inc. ($118,300; revised not to
exceed $236,600 and extending term for one (1)
year) for chemical application.
Bakersfield, California, June 20, 2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
dd. Contract Change Order No. 1 to Agreement No. 06- AGR 06-259 CC01
259 with Griffith Company ($24,455.56; revised not
to exceed $919,349.56) for the Mountain Vista Drive
At Grade Crossing Project.
Bids:
ee. White Lane at State Route 99 eastbound to
southbound on-ramp reconstruction project:
1. Accept bid and award contract to Griffith AGR 07-193
Company ($1,828,105).
2. Award contract to Lim & Nascimento AGR 07-194
Engineering Corporation ($219,303) for
construction management services.
3. Appropriate $400,000 Transportation
Development Fund balance to the Capital
Improvement Budget within the
Transportation Development Fund to fund
this project.
ff. Pre-Employment Background Investigations for the
Police Department:
1. Accept proposal and award annual contract AGR 07-195
to B&T Investigations (not to exceed
$80,000).
2. Accept proposal and award annual contract
to US Investigations Services, LLC (not
to exceed $20,000) for investigations of out-
of-state applicants.
gg. Accept bid and award annual contract to Jim Alfter AGR 07-196
Cement Contractor (not to exceed $2,000,000) for
concrete construction.
hh. Accept proposal and award annual contract to KSS AGR 07-197
Systems, Inc. dba Kern Security Patrol (not to
exceed $70,000) for park security services.
ii. Accept bid and award annual contract to Zim AGR 07-198
Industries, Inc. dba Bakersfield Well and Pump
Company (not to exceed $100,000) for maintenance
and repair of Olcese wells.
jj. Accept bid from Flo-Systems, Inc. ($101,244) for
self cleaning lift station for Fire Station 5.
Bakersfield, California, June 20, 2007 - Page 9
12.
CONSENT CALENDAR continued
Miscellaneous:
kk. Revised job specifications
1. Blue & White Collar Unit - Administrative
Analyst II; Development Assistant;
Development Associate; Fire Plans
Examiner; and, HR Analyst I and II.
2. General Supervisory Unit - Administrative
Analyst III and HR Supervisor.
3. Management Unit - Assistant to the City
Manager; Fleet Superintendent; General
Services Superintendent; Solid Waste
Superintendent; Street Maintenance
Superintendent; and Wastewater Treatment
Superintendent.
2007 Recreation and Parks Master Plan.
II.
Correspondence was received from Clifford &
Bradford Insurance in opposition to approval of item
12.p.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Councilmember Couch announced he would abstain
due to conflict of interest, client within three hundred
feet of the project, on item 12. y.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through item 12./1., with the
removal of item 12.p. for separate consideration.
p. Property Insurance:
1.
Joint Powers Agreement with the California
State Association of Counties Excess
Insurance Authority (CSAC EIA).
California Public Entity Insurance Authority
Property Program Memorandum of
Understanding.
2.
Motion by Councilmember Benham to approve the
Agreements.
ACTION TAKEN
REFERRED TO
COMMUNITYSERWCES
COMMITTEE
APPROVED
AGR 07-185
AGR 07-186
APPROVED
13.
Bakersfield, California, June 20, 2007 - Page 10
CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution approving the
issuance of California Statewide Communities
Development Authority Insured Revenue Bonds for
National Health Services, Inc. for the purpose of
financing and refinancing the acquisition,
construction, renovation, improvement and
equipping of certain medical and health facilities and
certain other matters relating thereto located at 3409
Calloway Drive #300.
Public Hearing to consider Resolution establishing
Underground Utility District No.2, Division 31
(Sports Village) as required by Resolution of
Intention No. 1537.
Public Hearing for Miramonte Drive-Chase Avenue
Planned Major Thoroughfare Area as required by
Resolution of Intention No. 1536.
b.
c.
1. Resolution adopting the Miramonte Drive-
Chase Avenue Planned Major
Thoroughfare Area and making findings
thereto.
2. Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
bridge crossings and major thoroughfares.
Acting City Clerk Gafford announced item 13.c.
must be re-noticed and continued to the July 18th
Council meeting.
Hearings opened at 7:43 p.m.
No one spoke.
Hearings 13.a and 13.b. closed at 7:45 p.m.
Motion by Vice-Mayor Hanson to approve
Consent Calendar Hearings 13.a. and 13.b. and
continue item 13.c. to July 18, 2007.
ACTION TAKEN
RES 132-07
RES 133-07
CONTINUED TO THE
7-18-07 MEETING
APPROVED
14.
HEARINGS
Bakersfield, California, June 20, 2007 - Page 11
ACTION TAKEN
a. Public Hearing to consider an appeal by Timothy A.
Chandler of Planning Commission approval of
Tentative Parcel Map 11473 located at the
northwest corner of E. Pacheco Road and
Cottonwood Road. (Engineer: Jerry Hendricks)
1.
Resolution upholding the Planning
Commission decision, denying the appeal
and approving Tentative Parcel Map 11473.
RES 134-07
Development Services Director Grady made staff
com ments.
Hearing opened at 7:50 p.m.
Tim Chandler spoke in opposition to the staff
recommendation.
Jerry Hendricks, Hendricks Engineering, spoke in
support of the staff recommendation.
Tim Chandler spoke in rebuttal opposition to the
staff recommendation.
Jerry Hendricks, Hendricks Engineering, spoke in
rebuttal support of the staff recommendation.
Hearing closed at 8:07 p.m.
City Attorney Gennaro stated for the record, "You are
being asked to approve a parcel map. There are very
narrow legal constraints why a legislative body,
such as the City Council, should not approve a parcel
map. One of those reasons would be that if the parcel
map was inconsistent with your General Plan, which we
have no evidence in front you tonight that the parcel
map is inconsistent. The other would be that if the
site was somehow physically unsuited for the type of
density, and again, there is no evidence in front of
you other than an opinion that that's just not the
way we like it. And the last one would be that if there
were some type of substantial environmental damage
that would occur as a result of your approval of the
parcel map. This parcel map is simply taking a piece of
property and splitting it into two. My guess is,
educated guess, is it's probably being done for
financial reasons. The map on top for the R-1 was
approved a long time ago with the proper
environmental documents and review. So the answer,
the short answer to your question is, yes, I believe that
Bakersfield, California, June 20, 2007 - Page 12
ACTION TAKEN
14.
HEARINGS continued
Item 14.a. continued
we have done everything that legally we need to do to
substantiate your decision tonight."
Motion by Councilmember Carson to adopt the
Resolution.
15. REPORTS
None.
16. DEFERRED BUSINESS
a. Fiscal Year 2007-2008 Budget:
1.
Resolution approving and adopting the City's
Operating and Capital Improvement Budget.
Resolution approving and adopting the
Bakersfield Redevelopment Agency
Operating and Capital Improvement Budget.
Resolution establishing the City's
appropriations limit.
2.
3.
Assistant City Manager Stinson made staff
comments.
Motion by Vice-Mayor Hanson to approve the
Resolutions adopting the City's Operating and Capital
Improvement Budget, Bakersfield Redevelopment
Agency Operating and Capital Improvement Budget
and establishing the City's appropriations limit.
Councilmember Couch announced he will vote to
approve the budget with the exclusion of his approval
for dues for the League of California Cities.
b. Accept bid from Quinn Company ($295,004) for one
(1) hydraulic excavator.
Acting City Clerk Gafford announced
correspondence was received from staff changing
the staff recommendation to reject all bids.
Staff comments by Public Works Director Rojas.
Motion by Vice-Mayor Hanson to approve the staff
recommendation to reject all bids.
APPROVED
RES 135-07
RES 136-07
RES 137-07
APPROVED
APPROVED
Bakersfield, California, June 20, 2007 - Page 13
ACTION TAKEN
17.
NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested Public Works
coordinate with Police staff to respond to a request
from the Golden Empire Historical and Modeling
Society and provided contact information.
Councilmember Benham requested the Legislation and
Litigation Committee address the issue of a proposed
revision to the Historic Preservation Ordinance.
Councilmember Benham requested the Mayor's office
send a letter to the Mayor and the people of Charleston
South Carolina expressing condolences on the recent
loss of nine firefighters.
Vice-Mayor Hanson requested information regarding the
condition of the Jastro Park pool. City Manager Tandy and
Recreation and Parks Director Hoover responded.
Councilmember Sullivan requested the issue of Jastro
Park pool and it's cost effectiveness be referred to the
Community Services Committee.
Councilmember Sullivan provided an update regarding the
new Home Depot being located in the old Zody's
property.
Councilmember Couch recognized Acting City Clerk
Gafford, who is providing City Hall tours on a weekly basis
for NAPD.
Councilmember Couch requested staff investigate
installing multipurpose bike/walking paths in lieu of
sidewalks in developing areas.
Councilmember Couch requested Assistant City
Manager contact Mr. Carr.
Councilmember Couch thanked staff for accompanying him
to a community informational meeting regarding the new
forty acre Aera baseball park.
Bakersfield, California, June 20, 2007 - Page 14
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Couch announced the County agreed with
the City's request regarding the responsibility for a gap
project on the north side of ih Standard Rd. facilitating the
widening of the road and thanked County Administrative
Officer Ron Errea and County Roads Commissioner Craig
Pope for that conclusion, the letter in support of the
decision and provided copies to the Council and media.
Councilmember Scrivner announced he had received
several thank you calls from citizens regarding Code
Enforcement cleanups.
Mayor Hall made comments regarding the annual Beautiful
Bakersfield Awards and noted the Recreation and Parks
Department had received two awards.
Mayor Hall noted that July is Recreation and Parks month.
Mayor Hall announced that Councilmember Benham's son
Thomas was recognized with a Beautiful Bakersfield
Awards for his fund raising efforts in local high schools to
benefit the Veteran's Memorial.
19. ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 8:46 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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