HomeMy WebLinkAbout06/25/08_CC_AGENDA_PACKET"~_ r BAKERSFIELD CITY COUNCIL
~ AGENDA
~.,~~~ MEETING OF JUNE 25, 2008
T 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 (Regarding Workshop & Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 (One case).
1. City v. North Kern Water Storage District, et al
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9
RECONVENED MEETING -approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church.
7. PLEDGE OF ALLEGIANCE by Eden Helston, 2nd grade student at Stockdale Christian.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation and Parks
Director, City of Bakersfield, proclaiming July, 2008 as "Recreation and Parks Month".
b. Presentation by Mayor Hall of Certificates to Number 1 ranked graduates in the Kern High
School District.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 11, 2008 Regular City Council Meeting.
12. CONSENT CALENDAR continued
Payments:
b. Approval of department payments from May 30, 2008 to June 12, 2008 in the amount of
$23,631,124.19 and self-insurance payments from May 30, 2008 to June 12, 2008 in the
amount of $225,967.29.
Ordinances:
(ward 1) c. Adoption of Ordinance amending Title 17 (Zone Map No. 124-29) of the Municipal Code
by changing the zoning from R-3 (Limited Multiple Family Dwelling) to C-2 (Regional
Commercial) on 0.63 acre located on the east side of South Union Avenue, approximately
500 feet south of East Panama Lane (ZC 08-0102 -Mark Sandoval representing Matthew
Mark and Partners, LP and RHPDB LLC).
(ward s) d. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 123-37) of the Municipal Code by changing the zoning from R-1 (One-Family
Dwelling) to M-1 (Light Manufacturing) on 1.79 acres generally located on the northeast
corner of McCutchen Road and Ashe Road (Applicant: Summit Engineering representing Old
River Land Company) (ZC 08-0179)
e. Adoption of Ordinance amending Section 2.28.030 of the Municipal Code relating to
Planning Commission -Creation -Members, incorporating only the technical changes
relating to dates for future appointments of Planning Commissioners.
Resolutions:
(Ward 1) f. Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 580 consisting of 1.20 acres, located on the
north side of Elcia Drive, between State Highway 99 and South Real Road.
(Wards 2, 5 & s) g. Resolution calling and giving notice of holding a General Municipal Election for the election
of Councilmembers for Wards 2, 5 & 6, and requesting consolidation with the County of Kern
State-wide General Election to be held on Tuesday, November 4, 2008.
(Ward 1) h. Resolution ordering the summary vacation of the 45-foot Right-of-Way Easement for
Quantico Avenue, South of Brundage Lane.
(Ward 1) i. 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 dangerous buildings have been demolished and authorize collection of the
assessments by the Kern County Tax Collector.
(Ward 1, 2, 3, 5
s & ~) j. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County Tax
Collector.
Agreements:
k. Agreement with The Segal Company (not to exceed $80,000 in 2008-09, $83,250 in 2009-10
and $87,000 in 2010-11) for Health Care Consulting.
2 City Council Meeting of 06/25/2008
12. CONSENT CALENDAR continued
Agreement with ComplQ (not to exceed $150,000 fora 12 month period to be paid from the
Self-Insurance Fund) for workers' compensation bill review services.
(Ward 2)
m. Westside Parkway -Mohawk Street Separation of Grade
Construction and Maintenance (C&M) Agreement with Burlington Northern and Santa
Fe Railway Company ($87,150) for the construction of the Mohawk Street Separation
of Grade.
2. Easement Agreement with Burlington Northern and Santa Fe Railway Company
($47,270) for the Mohawk Street Separation of Grade.
(Ward 2 & 5)
Westside Parkway and Cross Valley Canal
Utility Agreement with Kern County Water Agency ($2,000,000) to mitigate utility
conflict with the Cross Valley Canal (CVC) in preparation for the construction of
Mohawk Street and Westside Parkway.
2. License Agreement with Kern County Water Agency for the City to construct,
maintain, and operate the Westside Parkway and Mohawk Street roadways at the
CVC.
(UVard 4)
(Ward 2)
(Ward 1)
(Ward 1)
at the
(Ward 1)
o. Agreement with A & A Land Company, LLC ($85,900) to purchase real property located on
the east side of Mohawk Street south of Rosedale Highway and north of the BNSF railroad
for the Westside Parkway.
p. Agreement between City, State of California Department of Public Health and the U.S.
Department of Housing and Urban Development ($323,000) in Housing Opportunities for
persons with HIV/AIDS Entitlement Program.
q. Agreement with Rossetti Associates Incorporated (EI Segundo) ($85,000) for providing
design services for the Grape Room Renovation at the Rabobank Arena/Convention Center.
r. Assignment of Ground Lease Agreement 08-071 with T & R Brown Properties, LLC ($40
monthly) at the Bakersfield Municipal Airport for hangar space B-e44.
s. Amendment No. 1 to Ground Lease Agreement 03-015 with John Morehouse ($40 monthly)
Bakersfield Municipal Airport for hangar space A-5.
t. Amendment No. 1 to Ground Lease Agreement 03-016 with Kurt Sickles ($40 monthly) at the
Bakersfield Municipal Airport for hangar space A-3.
u. Metropolitan Bakersfield General Plan Update
Amendment No. 1 to Agreement No. 07-107 with Northcutt and Associates ($50,000)
for coordinating the update to the plan.
(Ward 3)
2. Amendment No. 1 to Agreement No. 07-320 with County of Kern ($25,000) for
sharing cost of consultant services of Northcutt and Associates to update the plan.
v. Amendment No. 2 to Agreement 07-304 with Security Paving Company, Inc.
($200,000) for supplemental work required for the construction of State Route 178 (SR-178)
and Fairfax Road Interchange Project.
3 City Council Meeting of 06/25/2008
12. CONSENT CALENDAR continued
w. Outside Legal Services
Amendment No. 1 to Agreement No. 07-100 with Duane Morris, LLP (additional
$150,000 not to exceed $400,000) for outside legal services regarding City v. City of
Shaffer, Oildale Mutual Water Company and North Kern Water Storage District, et al.
2. Attorney Retainer Agreement with Duane Morris, LLP (amount not to exceed
$150,000) for outside legal services State Water Resources Control Board,
Reference No. KMB:A31674.
x. Amendment No. 1 to Agreement 03-152 with Metropolitan Recycling Corporation (MRC)
(compensation of $4.66 per month, $55.92 per year, for each subscriber to the program
served by the contractor) for Collection of Recyclables.
(Ward 2) y. Contract Change Order No. 1 to Agreement No. 08-039 with V Lopez and Sons, Inc.
($35,835.15 for a revised not to exceed amount of $815,644.45) for streetscape and storm
drain improvements at the intersection of 19t" and Eye Street.
Bids:
(Ward 2) z. Construction of Beach Park Skate Park Expansion Project
Accept bid and award contract to Grindline Skateparks, Inc. ($159,264.79) for
construction of project.
2. Transfer $40,000 from Recreation and Parks Capital Improvement Project (Beach
Park Tank and Pump) to the Capital Improvement Budget within the Capital Outlay
Fund.
3. Accept and appropriate $10,000 donation from Kiewit Construction to the Recreation
and Parks Capital Improvement Budget within the Capital Outlay Fund for this
project.
(Wards 1 & 2) aa. Accept bid and award contract to Contra Costa Electric ($155,455) for installation of
emergency standby generators for Fire Stations 4 and 6.
(Ward 2) bb. Accept bid and award contract to A-C Electric Company ($298,095) for the construction of
traffic signals & lighting for Mill Creek Linear Park at 19t" & 21St Streets.
(Ward 2) cc. Accept bid and award contract to Bronco Electric ($66,900) for the construction of the
Electrical Distribution System -Mill Creek Linear Park.
(Ward 2) dd. Accept bid and award contract to D. Reese Construction ($99,248) for the construction of the
Pedestrian Bridge Covering at Mill Creek Linear Park.
ee. Accept bid and award contract to Western Farm Service, Inc. ($432,125.38) for the annual
contract for chemical insecticides/herbicides.
(Ward 3) ff. Accept bid and award contract to Tri Power Systems ($49,148) for emergency generator for
Kelso Peak Communications site.
(Ward 2) gg. Accept bid and award annual contract to PBC SolutionOne, Inc. ($47,740) for the Janitorial
Maintenance for City Hall North for the Public Works Department.
4 City Council Meeting of 06/25/2008
12. CONSENT CALENDAR continued
hh. Accept bid from CDW-G, Incorporated ($771,325.80) for 211 replacement toughbook laptop
computers for the Police Department.
ii. Accept bid from Bakersfield Truck Center ($663,964.84) for two (2) replacement combination
jet rodder trucks for the Public Works Department Street Division.
Accept bid from Bakersfield Truck Center ($275,250.41) for one additional LNG powered four
axle front-loading automated refuse truck for the Public Works Department Solid Waste
Division.
(Ward 2) kk. Accept bid from Jeskell, Inc. ($259,026.21) for a server room infrastructure upgrade.
Accept bid from GCS Western Power & Equipment, Inc. ($87,825.15) for one additional truck
mounted parking lot sweeper for the Public Works Department Streets Division.
Miscellaneous:
mm. Revised job specifications for Fleet Service Worker I and Fleet Service Worker II.
nn. Revised job specification for Fleet Mechanic I.
oo. Miscellaneous Appropriations
Appropriate $350,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's Operating Budget for increased chemical
costs associated with odor control for sewer lift stations.
2. Appropriate $150,000 additional revenue to the Public Works Department's operating
budget within the Equipment Management Fund for increased costs associated with
maintaining fleet equipment.
pp. Appropriate $300,000 Fund Balance and $190,000 additional Water Revenue within the
Agricultural Water Fund to augment the 2800 Acre Banking Program.
qq. Appropriate $10,000 Fire Trust, Hazmat Penalty account to the Fire Department's Operating
Budget within the General Fund for San Joaquin Air Pollution Control District settlement.
rr. Appropriate $227,000 from Office of Emergency Services and USDA Forest Service to the
General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid
assignments.
Staff recommends adoption of Consent Calendar items a through rr.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
a. Public Hearing to consider Resolution approving and adopting an adjusted fee for the
development and improvement of parks within the City of Bakersfield (proposed 3.53%
increase based upon Construction Cost Index).
Staff recommends adoption of Resolution.
5 City Council Meeting of 06/25/2008
14. HEARINGS continued
(Ward 1) b. Public Hearing to consider Resolution to authorize the Bakersfield Redevelopment Agency to
sell real property located at 701 Union Avenue for $1.00 to AMCAL Multi-Housing, Inc., for
the development of 55 affordable multi-family apartments and 3,000 square feet of
commercial/retail space.
Resolution approving the sale of real property located at 701 Union Avenue by the
Bakersfield Redevelopment Agency to AMCAL Multi-Housing, Inc. for $1.00.
2. Agreement with AMCAL Santa Fe Funds, L. P., (not to exceed $2,000,000) for HOME
Investment Partnership (HOME) funds for the construction and development of
approximately 3,000 square feet of commercial/retail space and 55 affordable multi-
family units at 701 Union Avenue to be known as Santa Fe Apartments.
Staff recommends adoption of resolution, approval of transfer and approval of agreement.
15. REPORTS
16. DEFERRED BUSINESS
a. Fiscal Year 2008-09 Budget
Resolution approving and adopting the City of Bakersfield Operating and Capital
Improvement Budget.
2. Resolution approving and adopting the Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution establishing the City of Bakersfield appropriations limit.
Staff recommends adoption of the resolutions.
17. NEW BUSINESS
a. Adoption of pilot program for Dog License Survey.
Legislative and Litigation Committee recommends Council adopt a pilot program and direct staff to
provide follow-up report to the committee at the conclusion of the policies.
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
--
~/ "
Ian Tan y /
City Manager /
06/20/08 11:23 am
6 City Council Meeting of 06/25/2008
AGENDA HIGHLIGHTS
JUNE Z5, 2008 COUNCIL MEETING
REGULAR MEETING - 5:15 a.m.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing litigation and one case of
potential litigation. There will also be a conference with the labor negotiator.
CONTINUATION OF REGULAR MEETING - aaaroximately 6.30 a m
CONSENT CALENDAR
As~reements
Item 12k.
~~su,uuu ror rY ~uue-ua. ~e3,5uu Tor FY 2009-10 and X87 000 for FY 2010-11 Five responses were
received to a Request for Proposals, two of which were rejected based on cost and/or not meeting bid
requirements. An interview panel reviewed the submittals and interviewed representatives from the three
remaining firms. The Segal Company was selected based on their resources, outstanding service and
extensive expertise. A three-year plan was proposed with an option for year four.
Items 12m., 12n. and 120. A_ areements- Related to the Westside Parkwav. The first item is a
Construction and Maintenance (C&M) Agreement and an Easement Agreement with the Burlington
Northern and Santa Fe (BNSF) Railway Company for the construction of the Mohawk Street Separation
of Grade in the amounts of $87,150 and $47,270, respectively. The project will construct/reconstruct
Mohawk Street from Rosedale Highway to Truxtun Avenue, provide an overpass allowing Mohawk Street
to cross over the rail lines and eliminate the existing at-grade crossing at Mohawk Street and the BNSF
Railway.
The second item is a Utility Agreement with Kern County Water Agency (KCWA) to mitigate a utility
conflict with the Cross Valley Canal (CVC) by building a box culvert in the amount of $2,000,000, and a
License Agreement with KCWA for the City to construct, maintain, and operate the Westside Parkway
and Mohawk Street roadways at the CVC.
The third item is an Agreement with A & A Land Company, LLC to purchase real property located on the
east side of Mohawk Street, south of Rosedale Highway and north of the BNSF Railroad in the amount of
$85,900. The agreement sets forth mitigation measures to reduce the company's operations that will be
impacted by the project.
Item 12v. Amendment No. 2 to Aareement 07-304 with Security Pavina ComDanY Inc for Suaalementai
in the amount of $200.000. Caltrans describes certain other items of work in a project as "Supplemental
Work"; these items are not included in the "Bid Item" list as their quantities and costs vary. The State has
found it to be beneficial to share in the cost of these items with the contractor, which includes such things
as traffic control, storm water pollution control measures, material cost fluctuations, and partnering
sessions. An itemized list of the Supplemental Work items for the second quarter of 2008 is attached to
the administrative report. Staff will monitor and verify the supplemental work items completed under this
amendment, and will report back to the Council when another amendment is required. Adequate funds
were included in the original budgeting of this project to pay for this Supplemental Work.
Bids
Item 12z. Award Contract to Gridline Skateparks, Inc. for the Construction of the Beach Park Skate
Park Expansion in the amount of $159,264.79. The Beach Park Skate Park Expansion Project will
provide improvements to the existing skate park at Beach Park including skate amenities that can be
used by more advanced skateboarders. Local skateboarders participated in two meetings to identify
desired improvements for the City's architect to incorporate into the expansion project.
The funding source is the Capital Outlay Fund along with a $10,000 donation from Kiewit Construction
and savings from the budget for the Beach Park Tank and Pump Improvement project.
Items 12bb., 12cc. and 12dd. Contracts for the Mill Creek Linear Park. This first contract allows for the
installation of the "theme" lighting and traffic signals that were selected by the Linear Park Architectural
Committee for the street crossing locations at 19"' and 215` Streets. Two acceptable bids were received.
Staff. recommends awarding the contract to A-C Electric in the amount of $298,095.
This second contract allows for the construction and installation of electrical equipment, which will be
performed by the contractor in coordination with work performed separately by PG&E. Seven acceptable
bids were received. Staff recommends awarding the contract to Bronco Electric in the amount of
$66, 900.
The third contract allows for the construction of a pedestrian bridge in the park. Two acceptable bids
were received. Staff recommends awarding the contract to D. Reese Construction in the amount of
$99,248.
Items 12fi, and 12jj. Award Contracts to Bakersfield .Truck Center for Two Trucks for the Streets
Division and One Refuse Truck for the Solid Waste Division in the amounts of $663,964.84 and
X275.250.41, respectively. Over 200 suppliers were invited to bid on the trucks. Three acceptable bids
were received for the trucks for the Streets Division and only one acceptable bid was received for the
refuse truck. Staff recommends awarding both contracts to Bakersfield Truck Center.
HEARINGS
Item 14a. Public Hearing to Consider a Resolution Approving and Adopting an Adjusted Fee for the
Development and Improvement of Parks. Staff recommends increasing the current $1,560 per dwelling
unit fee to $1,615 per dwelling unit, which is a 3.53% increase. This increase is based entirely on the
rise in the Construction Cost Index (CCI). No other changes are recommended.
Item 14b. Public Hearing to Consider a Resolution to Authorize the Bakersfield Redevelopment Agency
to Sell the Real Property Located at 701 Union Avenue for $1 To AMCAL Multi-Housing, Inc., for the
Development of 55 Affordable Multi-Family Apartments and 3,000 Square Feet of Commercial/Retail
Space to be known as Santa Fe Apartments. On July 11, 2005, the Bakerstteld Redevelopment Agency
approved the purchase of the property through a tax default property sale. Five acceptable proposals
were received from various developers in response to a Request for Proposals. After an extensive
developer interview and review process, AMCAL Multi-Housing Inc. was selected to continue on to the
exclusive negotiation phase of the process.
Construction is anticipated to begin by March, 2009 with anticipated completion in December, 2010. In
addition to the loan, the Bakersfield Redevelopment Agency will consider a Disposition and Development
Agreement on July 14, 2008 for the. conveyance of the approximately 2.5 acre site to the developer.
Agenda Highlights -June 25, 2008 Council Meeting
Page 2
Council will also be asked to approve an agreement with the firm for HOME Investment Partnership
(HOME) funds in an amount not to exceed $2,000,000 to construct and develop the project. The
$2,000,000 of HOME funds will be in the form of a loan at 3% interest and paid back to the City out of
residual receipts. The term of the loan will be for 55 years corresponding to the affordability period of the
project financing and secured by a Deed of Trust on the property. In addition, the City's assistance is
contingent upon AMCAL receiving a tax credit allocation from the State of California Tax Credit Allocation
Committee (TCAC) during calendar year 2008.
DEFERRED BUSINESS
Item 16a. Resolutions Related to the FY 2008-09 Budget. The City and Redevelopment Agency
(BRDA) Operating and Capital Improvement Budgets for FY 2008-09 total $595,885,848. The
resolution adopting the FY 2008-09 Appropriations Limit of $266,206,944 is also included for Council
consideration and adoption. The City's appropriations which are subject to the limit total of
$141,782,745 are significantly below the maximum limit allowed by State law.
NEW BUSINESS
Item 17a. Animal Control: Dog License Survey Team Proposal. At the March 12, 2008 City Council
Meeting, Councilmember Sullivan requested an overview of what was being done in the City regarding
unwanted pets. This matter was referred to the Legislative and Litigation Committee for review, and the
matter was heard on April 14, 2008. Concurrently, County staff was directed to develop a mandatory
spay/neuter ordinance and report back to the Board of Supervisors. City staff was directed to continue to
monitor the development of the County's draft ordinance and to develop a program for the City to
increase enforcement of existing dog vaccination and licensing laws.
Staffs research revealed that approximately 8% of the dogs in the City are currently licensed. In an
effort to increase this level of compliance and to help alleviate the issue of unwanted pets, staff was
directed to develop a program to increase enforcement of existing licensing laws. As a pilot program,
designed to ascertain the impact that a more proactive approach to enforcing dog license laws may
have, the Police Department developed a proposal that would designate, over the course of a three-
month period, two temporary Animal Control Officers to specifically canvass neighborhoods throughout
the City and participate in bi-weekly vaccination/licensing clinics. The total cost of this would be
approximately $14,000. The canvassing strategyis outlined in the administrative report.
~_
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights -June 25, 2008 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2008 AGENDA SECTION: Closed Session
ITEM: , ~ , -
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD t/G
DATE: June 13, 2008 CITY ATTORNEY v
CITY MANAGER
SUBJECT: 1. Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• City of Bakersfield v. North Kern Water Storage District, et al
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
2. Conference with Labor Negotiator pursuant to Government Code section 54957.6
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ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2008 AGENDA SECTION: Closed Session
ITEM: .i-~: L' ,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
APPROVED
DEPARTMENT HEAD ~/ ~
DATE: June 13, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel -Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9.
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MEETING DATE: June 25, 2008 AGENDA ECTION: Presentations
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: June 13, 2008
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~T Q~.
SUBJECT: Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation and Parks
Director, City of Bakersfield, proclaiming July, 2008, as "Recreation and Parks Month".
RECOMMENDATION:
BACKGROUND:
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June 13, 2008, 11:52AM
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MEETING DATE: June 25, 2008 AGENDA ECTION: Presentations
ITEM: ~
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FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
June 13, 2008
Presentation by Mayor Hall of Certificates to Number 1 Ranked Graduates i e Kern High
School District.
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ ,
TO: Honorable Mayor and City Council APPROVED
v1~
FROM: Pamela McCarthy, City Cle k DEPARTMENT HEA~ ~ It ~
DATE: June 17, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the June 11, 2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 12, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from May 30, 2008 to June 12, 2008 ir~he a,Enount of
$23,631,124.19 and Self Insurance payments from May 30, 2008 to June 12, 2008 in the
amount of $225,967.29.
RECOMMENDATION:
Staff recommends approval of payments totaling $23,857,091.48.
BACKGROUND:
RAR
June 12, 2008, 2:32PM
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ' . C
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD~~
DATE: June 4, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 1 29) f Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from R-3 (Limited
Multiple Family Dwelling) to C-2 (Regional Commercial) on 0.63 acre located on the east
side of South Union Avenue, approximately 500 feet south of East Panama Lane (ZC #
08-0102 -Mark Sandoval representing Matthew Mark and Partners, LP and RHPDB
LLC) (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on June 11, 2008.
On April 17, 2008, 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 R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 0.63
acre. The zone change is being requested to facilitate the future construction of a fast-food restaurant.
No one spoke in opposition to the project at the Planning Commission hearing
The proposed zone change is exempt from the provisions of the California Environmental Quality Act
(CEQA), pursuant Section 15061(b)(3), General Rule, because it will not affect the environment.
Staff recommends adoption of the ordinance.
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~: ~{ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEA[~
DATE: June 6, 2008
CITY ATTORNEY
CITY MANAG
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No.123-27) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from R-1 (One-Family Dwelling) zone to M-1 (Light Manufacturing)
zone on 1.79 acres generally located on the northeast comer of McCutchen Road and
Ashe Road (Applicant: Summit Engineering representing Old River Land company) (ZC #
08-0179) (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on June 11, 2008.
On May 1, 2008, 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 R-1 (One-Family Dwelling) zone to M-1 (Light Manufacturing) zone on 1.79 acres. The reason for the
request is to bring the zoning into conformance with the'/ mile "no residential" buffer zone surrounding the
City of Bakersfield's Treatment Plant #3. The zone change request will allow the applicant to have Light
Manufacturing zoning, which is allowed in the'/4 mile buffer. The site is currently undeveloped.
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, sta
significantly affect the physical environment or existing
Negative Declaration was prepared and advertised.
ff has determined the proposed project will .not
residential development in the area, therefore a
June 9, 2008, 9:03AM
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: /d~ e..
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD `~~~~"
DATE: June 12, 2008 CITY ATTORNEY ~pII
CITY MANAGER
SUBJECT: Adoption of Ordinance amending Section 2.28.030 of the Bakersfield Municipal Code
(Planning Commission -Creation -Members) incorporating only the technical changes
relating to dates for future appointments of Planning Commissioners
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
On March 26, 2008, Councilmember Weir made a referral to the Legislative and Litigation Committee
("Committee") requesting consideration of changes to the Bakersfield Municipal Code ("Code") dealing
with the appointment of Planning Commissioners. Councilmember Weir requested three specific
revisions: 1) to allow each Councilmember an appointment to the Planning Commission; 2) to have a
Planning Commissioner's term of office expire with that of the nominating Councilmember; and 3) to allow
removal of a Planning Commissioner upon a majority vote. The issue was subsequently discussed by the
City Council at its April 23, 2008 regular City Council meeting. At that meeting, Councilmember Carson
requested the Committee consider changing the Code so that a Commissioner could only be removed for
cause.
On May 20, 2008, the City Attorney's office presented two ordinances for the Committee to consider,
reflecting the requests of Councilmembers Weir and Carson. Additionally, both versions contained
technical changes by updating the dates for future appointments. The Committee discussed both
versions. Councilmember Couch commented that the current methodology of selecting Planning
Commissioners will not allow a block of four Councilmembers to exert control over the Planning
Commission, and that the current Code protects against having four new Commissioners in one year. The
Committee members also commented that while they understood the rationale for Councilmember
Carson's proposal, the required supermajority in the Code addressed the concern raised. Ultimately, the
Committee unanimously agreed that only the technical changes suggested by the City Attorney's Office
should be adopted and forwarded to the City Council for approval and adoption. The ordinance had first
reading on June 11, 2008.
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S:\COUNCIL\Admins\07-08 Admins\PCmodificafion2nd.doc
June 12, 2008, 2:55PM
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: .~.,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: June 4, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexat' n of
uninhabited territory to the City identified as Annexation No. 580 consisting of 1.20
acres, located on the north side of Elcia Drive, between State Highway 99 and
South Real Road. (Ward 1)
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. 580 consists of 1.20
acres of land, located on the north side of Elcia Drive, between State Highway 99 and South Real
Road. The annexation is adjacent to the City limits and is within the City's Sphere of Influence
boundary.
The property owner has consented to annexation. The property owner requests to annex the
parcel 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 05-015) between the City of Bakersfield and
County of Kem. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development.°
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MEETING DATE: June 25, 2008 AGENDA SECTION: CONSENT CALENDAR
ITEM: /~,
TO: Honorable Mayor and City Cou APPROVED
FROM: Pamela A. McCarthy, City CI DEPARTMENT HEA ten. 1rT
DATE: June 2, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution calling and giving notice of holding a General Municipal Election for the election
of Councilmembers for Wards 2, 5 & 6, and requesting consolidation with the County of
Kern State-wide General Election to be held on Tuesday, November 4, 2008.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This resolution calls for the General Municipal Election and requests consolidation with Kern County
Elections with a standard indemnity provision, to be approved by the Board of Supervisors, in accordance
with State election laws and City Charter §67.
The General Election will be held on November 4, 2008, is for the following Councilmember seats:
Ward 2 -Sue Benham
Ward 5 -Harold Hanson
Ward 6 - Jacquie Sullivan
Filing period for all seats is July 14, 2008 through August 8, 2008.
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June 2, 2008, 12:54PM
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: /,~, ~L .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 9, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the summary vacation of the 45-foot Right of Wa Eas ment for
Quantico Avenue, South of Brundage Lane. (Ward 1)
RECOMMENDATION: Staff recommends adoption of Resolution
BACKGROUND:
Delmarter and Deifel, on behalf of Bisque Realty Partners, LLC, has submitted a request to vacate the
above mentioned 45-foot Right of Way Easement.
The future extension of Quantico Avenue is no longer needed due to the current Metropolitan Bakersfield
General Plan Circulation Element, which does not designate this road, at this location as a collector. Also,
the right of way is not needed for access from abutting property nor for the traffic as no interchange is
planned for Highway 58.
The Right of way Easement is eligible for summary vacation per Section 8331 of the Streets and
Highways Code which authorizes the City Council to summarily vacate a street or highway if (a) for a
period of five consecutive years, the street or highway has been impassable for vehicular travel or (b) no
public money was expended for maintenance of the street or highway during such period.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there are no City sewer facilities in the vacating area. However, there is a 20 foot
storm drain easement reserved per Book 5704, Page 1280, of Official Records, in the vacating area.
The utility companies serving the area have been notified by mail. There has been no objection as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on June 4, 2008 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government
Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (Categorical Exemption), because there is no
possibility that the action may have a significant effect on the environment.
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S:\Street Vacations\Quantico Ave\summary vacation of 45 foot right of way easement Quantico Avenue-Admin.doc
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent
ITEM / '
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley G. Grady, Development Services Director DEPARTMENT HEAD
DATE: June 9, 2008 CITY ATTORNEY
CITY MANAGER,
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which dangerous buildings have been demolished 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 9, 2008, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were determined to pose an imminent
threat to the health and safety of the citizens of the City of Bakersfield and therefore, subject to
summary abatement under Bakersfield Municipal Code Chapter 8.80 and/or were determined to be in
violation of Chapter 1.5.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous
buildings and requires that such structures be repaired or demolished. The property owners were
notified and failed to comply with the notices to abate such public nuisance. The subject properties
are listed as follows:
PROPERTY LOCATION
Ward 1/Councilmember Irma Carson
1
2
3
3610 Hale Street
3620 Meeks Avenue
3608 Shellmacher Avenue
APN
172-052-09
172-134-12
172-133-15
COST
$ 4,125.00
$ 5,400.00
$ 4, 759.00
June 9, 2008, 11:23AM
P:~adminJune08demo.doc
ADMINISTRATIVE REPORT
Page 2 of Z
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 pertormed 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 9, 2008, 11:18AM
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent
ITEM f~ '
TO: Honorable Mayor and City Council
FROM: Stanley G. Grady, Development Services Director
DATE: June 9, 2008
SUBJECT: Property Abatements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorize collection of the assessments by the
Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on June 9, 2008, 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. 1815 Carver Street 172-051-08 $ 1,220.00
2. 120 Clifton Street 018-390-10 $ 1,189.00
3. 1023 Collins Way 019-030-05 $ 300.00
4. Vacant lot south of 3502 Hale St. 172-052-02 $ 125.00
5. 1103 L Street 009-022-08 $ 900.00
June 9, 2008, 11:23AM
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ADMINISTRATIVE REPORT Page 2 of 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 2832 Laurel Drive 022-082-02 $ 2,550.00
7. 2901 Laurel Drive 022-073-10 $ 690.00
8. 314 Madison Street 169-041-04 $ 544.00
9. 308 Ohio Drive 169-070-35 $ 615.00
10. 309 Ohio Drive 169-070-05 $ 395.00
11. 310 Ohio Drive 169-070-20 $ 415.00
12. 313 Ohio Drive 169-070-06 $ 415.00
13. 317 Ohio Drive 169-070-07 $ 395.00
14. 913 Pacheco Road 412-080-07 $ 475.00
15. 911 S Street 009-180-18 $ 1,450.00
16. North of 3617 Shellmacher Avenue 172-132-09 $ 510.00
17. 813 Watts Drive 170-142-07 $ 494.00
Ward 2/Councilmember Sue Benham
18. 131 Bernard Street 012-021-08 $ 500.00
19. 1220 K Street 006-450-15 $ 575.00
20. 3505 M Street 120-120-06 $ 775.00
21. 1108 Monterey Street 015-230-12 $ 375.00
22. 1110 Monterey Street 015-230-11 $ 375.00
23. 1117 Oregon Street 015-180-05 $ 784.00
24. 816 28th Street 002-102-13 $ 474.00
25. 625 30th Street 002-091-09 $ 910.00
Ward 3/Councilmember Ken Weir
26. 3307 Colgate Lane 383-244-10 $ 540.00
27. 3105 River Boulevard 021-241-15 $ 525.00
28. 1312 Telegraph Avenue 021-261-23 $ 845.00
29. 5801 Verano Court 365-241-21 $ 635.00
Ward 5/Councilmember Harold Hanson
30. 11219 Draper Court 393-240-07 $ 625.00
31. 9500 Valley Oak Court 512-222-03 $ 775.00
Ward 6/Coucilmember Jacauie Sullivan
32. 3818 Barbara Avenue 441-120-01 $ 925.00
33. 6613 Hanford Drive 498-702-04 $ 475.00
34. 5702 Pine Trail Drive 499-461-12 $ 799.00
35. 4012 Thoreson Court 441-031-05 $ 473.99
June 9, 2008, 11:18AM
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ADMINISTRATIVE REPORT Page 3 of 3
Ward 7/Councilmember Zack Scrivner
36. 1805 Bradley Avenue 023-135-13 $ 688.00
37. 6914 Cork Hill Court 516-232-26 $ 844.00
38. 5200 Debby Street 372-133-11 $ 650.00
39. 1301 Dodge Avenue 025-083-15 $ 524.00
40. 1305 Planz Road 025-072-04 $ 720.00
41. 4916 Stine Road 371-171-03 $ 645.00
42. 1809 Wade Avenue 372-045-11 $ 660.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
June 9, 2008, 11:18AM
P:ladminJune08.doc
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent
ITEM: CAA ~.
TO:
FROM:
Honorable Mayor and City Council Q
Javier Lozano, Human Resources Manager ,-DEPARTMENT HEAD
DATE: March 1, 2008 CITY ATTORNEY ~
CITY MANAGER
SUBJECT: Agreement with The Segal Company for Health Care Consulting, not to exceed $80,000 in
2008-09, $83,250 in 2009-10, and $87,000 in 2010-11.
RECOMMENDATION:
Staff Recommends approval of the agreement.
BACKGROUND:
BUCK Consulting has served as the City's health care consultant since 1998. Although staff has been
satisfied with their services, it was felt that it was appropriate as their contract expired in February 2008, to
do a request for proposals with appropriate health care consultant vendors.
Therefore, in May 2008, a request for proposals was issued by Human Resources to numerous health
care consulting firms. A total of five responses were received. Two of the five respondents were rejected
based on cost and/or not meeting the bid requirements. To objectively select one of the three remaining
firms, an interview panel was convened, which consisted of John Stinson, Assistant City Manager, Chuck
Waide, Regional Director, SEIU Local 521, Nelson Smith, Finance Director and myself, as Human
Resources Manager. We carefully reviewed the written submitted proposals and then met with
representatives of the three firms, asking clarifying and probing questions. Following the interview
sessions, the panel unanimously agreed to recommend The Segal Company as the appropriate
consultant.
It was readily apparent that The Segal Company has the resources the outstanding service and extensive
expertise to provide a high level of health care consulting for the City. The Segal Company will assist the
City with the design, implementation and management of its employee health care benefits program as
part of a multi-year strategy to control health care costs for active and retired employees.
The Segal Company has proposed a rate of not to exceed $80,000 in year 1, $83,250 in year 2, .and
$87,000 in year 3. The City also has a year 4 option which could be exercised at a cost of $90,750. All
references have stated that The Segal Company is professional, provides exceptional customer .service
and provides progressive solutions to support the goals of the organization and places the customer's
needs above their own. Based on the results of the RFP review, the extensive experience and ability to
support the City of Bakersfield's goals regarding health plans, staff recommends approval of the
agreement.
APPROVED
S:WDMINRPl1The Segal Company-Health Plan Consulting 2008-2011.doc
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: /~~, .-~ .
TO: Honorable Mayor and City Council
FROM: John W. Stinson, Assistant City Manager
DATE: June 9, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with ComplQ for Workers' Compensation Bill Review Services in an am
exceed $150,000 for atwelve-month period to be paid from the Self-Insurance Fund
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
nt not to
In July 2005, the City Council approved an agreement with the workers' compensation bill review
firm of ComplQ to provide medical bill review services that consist of reducing medical provider charges to
conform to State mandated guidelines and to take advantage of other discounts that may be available.
The original agreement was for a term of two years with an optional third year at the discretion of
the City. The City exercised that option. The City has been very pleased with the services received from
ComplQ.
This year, the City issued a Request for Proposals (RFP) for workers' compensation bill review
services. Seven (7) firms submitted proposals. After thorough review by staff including oral interviews of
the top five (5) proposers, it is recommended the City continue contracting with Comp IQ to provide bill
review services. The proposed contract term is for two (2) years with an optional third year at the
discretion of the City.
ComplQ charges $7 per bill reviewed plus twenty-five percent (25%) of savings realized. During
the past twelve (12) months, the City has realized a net savings (after ComplQ fees) of $1,978,735.32.
Fees paid to ComplQ during that period totaled $70,733.64. The contract calls for fees not to exceed
$150,000 in any single year.
Staff recommends approval of the contract with ComplQ.
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June 12, 2008, 9:04AM
S:\Ralph\Contracts\ComplQ Admin Report--2008.doc
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: /~, n ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
June 11, 2008
CITY MAN
Westside Parkway -Mohawk Street Separation of Grade (Ward 2)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
Construction and Maintenance (C&M) Agreement with the Burlington Northern and
Santa Fe Railway Company ($87,150.00) for the construction of the Mohawk Street
Separation of Grade.
2. Easement Agreement with Burlington Northern and Santa Fe Railway Company
($47,270.00} for the Mohawk Street Separation of Grade.
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND: The Mohawk Street Separation of Grade is part of Phase 1 of the Westside Parkway,
which will construct/reconstruct Mohawk Street from Rosedale Highway to Truxtun Avenue. Currently, an
at-grade crossing exists at Mohawk Street and the Burlington Northern and Santa Fe Railway. The
Mohawk Street Separation of Grade will be an overpass allowing Mohawk Street to cross over the rail
lines and eliminate this at-grade crossing. These two agreements are required to allow the City to
construct and then operate and maintain the overpass in BNSF right-of-way.
The City intends to advertise for bids in Fall 2008 for Phase 1 of the Westside Parkway.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
June 12, 2008, 11:11AM
G:\GROUPDAT\ADMINRP112008\06-25\BNSF C and M Agreement admin.doc KPB
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ a
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
June 12, 2008
Westside Parkway and Cross Valley Canal (Ward 2 and 5)
1. Utility Agreement with Kern County Water Agency to mitigate utility conflict with
the Cross Valley Canal (CVC) in preparation for the construction of Mohawk
Street and Westside Parkway ($2,000,000).
2. License Agreement with Kern County Water Agency for the City to construct,
maintain, and operate the Westside Parkway and Mohawk Street roadways at
the CVC.
AP ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of the utility and license agreements.
BACKGROUND: Mohawk Street from Rosedale Highway to Truxtun Avenue and Westside Parkway
from Mohawk Street to Calloway Drive are currently under design. The Westside Parkway between
Truxtun Avenue and the Mohawk Street Interchange will cross over the CVC. In addition, Mohawk
Street just south of the interchange will cross over the CVC. Through discussions with the Kern County
Water Agency (KCWA), it was determined that to mitigate this conflict it would be best to enclose the
canal with a box culvert where the roadways cross over the CVC. While the alignment for Mohawk
Street is finalized, the alignment for the Westside Parkway where it crosses the CVC is not yet
finalized; therefore, this agreement will be amended to construct the Westside Parkway box culvert
once this alignment is finalized
A License Agreement from KCWA is required because the City will own and maintain City facilities
within the KCWA right-of-way. This agreement will enable the City to work within the KCWA right-of-
way during construction, maintenance, and operation activities associated with Mohawk Street and
Westside Parkway. In addition, this License Agreement will allow the public to cross over this KCWA
facility.
June 12, 2008, 4:05PM
Tdw:G:\GROUPDATWDMINRPT\2008\06-25\KCWA Agreement Admin.doc
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: /07 _ ~r
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD _
DATE: June 13, 2008 CITY ATTORNEY~2. ~,~/1j,5
;~
CITY MANAGER~2~
SUBJECT: Agreement with A & A Land Company, LLC to purchase real property located on t ast ide
of Mohawk Street south of Rosedale Highway and north of the BNSF railroad fort a side
Parkway for $85,900.00. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway. The property currently
being acquired is owned by A & A Land Company, LLC (A&A) who operates a pipe yard that reconditions
pipelines and drill stems for the oil and gas industry. A&A's operations will be impacted by the project and
the agreement sets forth the mitigation measures that were mutually agreed to reduce the impact to their
operations. Also, A8~A is granting the Ciry a temporary construction easement to allow for the construction
of the Mohawk Street improvements. The purchase price is a product of negotiations based on appraisals
prepared by Randy K. Merriman, MAI and Michael C. Burger, MAI.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
June 13, 2008, 10:55AM
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: a
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: June 13, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield, State of California Department of ubli Health
and the U.S. Department of Housing and Urban Development for $ 323,000 in Housing
Opportunities for Persons with HIV/AIDS Entitlement Program (City-wide)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Housing Opportunities for Persons with HIV/AIDS (HOPWA) program was established in 1992 to
address the specific needs of persons/families living with HIV/AIDS. The HOPWA program makes grants
to local communities, state and non-profit organizations for projects that benefit low income persons
medically diagnosed with HIV/AIDS and their families. HUD notified the City last October that it is eligible
to receive a HOPWA Formula Program grant (a method for allocating funds to eligible cities on behalf of
their metropolitan areas) in the amount of $323,000 for FY 2008 because the City meets the HUD criteria
based on its population size and number of AIDS cases.
After reviewing the federal guidelines for this new HUD entitlement program, it was determined that the
federal regulations allow the State in which the participating jurisdiction resides in, to operate the HOPWA
program on behalf of a City. City staff notified HUD last January that it is prepared to recommend entering
into an agreement with the State of California to enable them to operate the HOPWA grant funds on behalf
of the City for use in the Bakersfield Eligible Metropolitan Statistical Area (EMSA).
Attached is a three party letter Agreement that states: 1) the City agrees that it will not directly accept the
HUD designation as a 2008 grantee for federal funds under the HOPWA program on behalf of the
Bakersfield EMSA; 2) by mutual agreement, the City and the State, agree the State will serve as the
grantee for these HOPWA funds to be used on behalf of eligible persons in the Bakersfield EMSA for
eligible housing support and related services (i.e., rental assistance, emergency housing payments,
payment of operating/capital costs); and 3) the City relinquishes complete responsibility for grant
management activities and administrative oversight for FY 2008 HOPWA funding to the State.
The State of California Department of Public Health will be responsible for administering the HOPWA
grant and they have executed the agreement. The HUD LA Office currently has the agreement and is
expected to execute and return it this month for City execution just in time for the start of the FY 2008
program year. There is no direct fiscal impact to the City's financial system for approving this agreement.
S:Wdmins\City Council\City Council Admins 2008\HOPWA_ADMIN.doc
6/13/2008 11:49 AM
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: a.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Department
DATE: June 12, 2008
APR VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY
SUBJECT: Agreement with Rossetti Associates Incorporated (EI Segundo) ($85,000.0 fo providing
design services for the Grape Room Renovation at the Rabobank Arena / nvention
Center (Ward 2)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: Currently the Grape Room is a meeting room off the Convention Center lobby. This
project will remodel the room to make it multi-purpose. It will still function as a meeting room, but will also
be used as an upscale concessions area, with seating, with the ability to serve troth the Arena and the
Convention Center /Theater patrons.
There are sufficient funds in the project account in next fiscal year's Capital Improvement Program budget
to cover this expense for the design of the project.
PW Engr / ADR
June 12, 2008, 2:30PM
G:\GROUPDAIIADMINRPT\2008\06-25\Grape Room Renovation.doc
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ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: a . d-.
TO: Honorable Mayor and City Council PPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Assignment of Ground Lease Agreement 08-071 with T & R Broarn Pr rties, LLC
($40.00 monthly) at the Bakersfield Municipal Airport for Hangar Space B-e44 (Ward 1).
RECOMMENDATION: Staff recommends approval of the Assignment of Ground Lease Agreement.
BACKGROUND: The Ground Lease Agreement for Hangar space B-4 is currently with Thomas and
Robin Brown who would like to assign their leasehold interest to T & R Brown Properties, LLC, a
California Limited Liability Company. The ground lease allows for this assignment. The assignment
will transfer all terms of the ground lease to T & R Brown Properties, LLC, including the monthly rent of
$40.00.
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June 10, 2008, 8:53AM
G:\GROUPDATVIDMINRPT12008\06-25\Ground Lease Agreement Assignment T and R Brown_Hngar 64.doc
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 ~. 5.
TO: Honorable Mayor and City Council PROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ,°~~
DATE: June 4, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Ground Lease Agreement 03-015 with John Moreh use ($40.00
monthly) at the Bakersfield Municipal Airport for hangar space A-5 (Ward 1).
RECOMMENDATION: Staff recommends approval of the Amendment to Ground Lease Agreement.
BACKGROUND: On Jan. 29~', 2003, the City and Lessee entered into Agreement No. 03-015 wherein
Lessee would lease a portion of the property located at 2000 S. Union Ave. Lessee had requested a 20
year lease which was denied due to extenuating circumstances at that time. The future of the Airport
had been uncertain but has since been resolved and the parties now desire to revise the length of the
term from 13 years to 20 years. Lessee will also pay the City for electricity he uses on a quarterly basis.
Agreement No. 03-015 does allow for extensions to terms of lease and utility modification.
elp
June 4, 2008, 10:48AM
G:\GROUPDATIADMINRPT\2008\06-25Wmendment to Airport Ground Lease Agrmnt 03-015 -John Morehouse.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: /,2 . ~,
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD _ , _
DATE: May 29, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Ground Lease Agreement 03-016 with Kurt Sickles 40.00 onthly)
at the Bakersfield Municipal Airport for Hangar space A-3 (Ward 1).
RECOMMENDATION: Staff recommends approval of the amendment to the ground lease agreement.
BACKGROUND: On Jan. 29th, 2003, the City and Lessee entered into Agreement No. 03-016 wherein
Lessee would lease a portion of the property located at 2000 S. Union Ave. Lessee had requested a 20
year lease which was denied due to extenuating circumstances at that time. The future of the Airport had
been uncertain but has since been resolved and the parties now desire to revise the length of the term
from 13 years to 20 years. Lessee will also pay the City for electricity he uses on a quarterly basis.
Agreement No. 03-015 does allow for extensions to terms of lease and utility modification.
elp
May 30, 2008, 1:55PM
G:\GROUPDAIIADMINRPl12008106-25Wmendment to Airport Ground Lease Agrmnt 03-016 -Kurt Sickles - A3.doc
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: Ja.l,~,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: June 10, 2008 CITY ATTORNEY ~
CITY MAN
SUBJECT: Metropolitan Bakersfield General Plan Update. (All Wards)
Amendment No. 1 to Agreement No. 07-107 with Northcutt and Associates for an
additional $50,000.00 for coordinating the update to the Metropolitan Bakersfield
General Plan.
2. Amendment No. 1 to Agreement No. 07-320 with the County of Kern for an
additional $25,000.00 for sharing the cost of consultant services of Northcutt and
Associates to update the Metropolitan Bakersfield General Plan.
RECOMMENDATION:
Staff recommends approval of amendment to the agreements.
BACKGROUND:
The Metropolitan Bakersfield General Plan is a joint City of Bakersfield/Kern County adopted general
plan document that will be updated over the next year. A consultant agreement with Northcutt and
Associates to coordinate the update was approved by the City Council on March 28, 2007 and an
agreement with Kern County ($50,000) for sharing one-half the cost of consultant services of Northcutt
and Associates was approved by the City Council on September 12, 2007. The City and County
previously agreed to share all costs associated with the. update and this agreement formalizes the
arrangement with fixed costs. These funds are budgeted in the Development Services capital
improvement budget.
The work effort involves providing on-going support for the City and County Planning Departments to
complete a final work program and budget for the preparation of the General Plan update EIR;
continuing efforts with reviewing and monitoring the work by PMC (the consultant preparing the General
Plan Update), coordinating meetings with various entities involved with implementing the General Plan
work program and CEQA process; incorporating comments from the public outreach component of the
MBGP update (including the KernCOG Blueprint process); and reviewing and commenting on
administrative draft documents and preparing comprehensive review comments for the consultants,
including incorporating various departmental staff comments (refer to scope of work letter from
Northcutt & Associates date March 29, 2008).
MG:js / S:\General Plan - 2007_2008 UpdateWgreementsWdm Rpt amend to agreemt_draft.docJune 10, 2008
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: / ~. ~'•
TO: Honorable Mayor and City Council.
FROM: Raul Rojas, Public Works Director
DATE: June 9, 2008
CITY ATTORNEY
CITY MANAG
SUBJECT: Approve Amendment No. 2 to Agreement 07-304 ($200,000) with Security ~ Paving
Company, Inc., for Supplemental Work required for the construction of State Route 178
(SR-178) and Fairfax Road Interchange Project (Ward 3).
RECOMMENDATION: Staff recommends approval of Agreement Amendment.
BACKGROUND: Agreement07-304/was entered into with Security Paving Company Inc. on August 15,
2007 for the construction of the interchange at Fairfax Road and SR-178. This project is located within
Caltrans right-of-way; therefore, it must be designed, administered and constructed in accordance with
Caltrans Standard Specifications and Special Provisions. During the bidding process all Contractors
submit a Bid Proposal which contained the same "Bid Item" list and the Contractor deemed the lowest
responsible bidder based on those items was awarded the contract.
In addition, Caltrans describes certain other items of work in a project as "Supplemental Work"; these
items are not included in the "Bid Item" list as their quantities and costs vary. The State has found it to be
beneficial to share in the cost of these items with the contractor, which includes such things as traffic
control, storm water pollution control measures, material cost fluctuations, and partnering sessions.
On December 12, 2007 Council awarded Amendment No. 1 to this agreement in the amount of $200,000
for Supplemental Work that occurred during the 1St quarter of 2008. Attached is a summary table of costs
for the 1St Quarter Supplemental Work Items. It was estimated that an additional amount of $200,000 will
cover the cost of supplemental work items for the 2nd quarter of 2008. Staff will monitor and verify the
supplemental work items completed under this amendment, and will report back to the Council when
another amendment is required. Adequate funds were included in the original budgeting of this project to
pay for this Supplemental Work.
AP ROVED
DEPARTMENT HEAD~~
June 13, 2008, 10:08AM
G:\GROUPDAT\ADMINRPl12008\06-25\Security Paving Amendment Admin.doc KPB
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: /
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: June 13, 2008
APPROVED
DEPARTMENT HEAD /G
CITY ATTORNEY
CITY
SUBJECT: 1. Amendment No. 1 to Agreement No. 07-100 with Duane Morris, LL~I'1 an ditional
$150,000 not to exceed $400,000 for outside legal services regardin City of
Bakersfield v. City of Shaffer, City of Bakersfield v. Oilda/e Mutual Water ompany,
and City of Bakersfield v. North Kern Water Storage District, et al.; and
2. Attorney Retainer Agreement with Duane Morris, LLP in an amount not to exceed
$150,000 for outside legal services State Water Resources Control Board,
Reference No. KMB:A31674
RECOMMENDATION:
Staff recommends approval of the Agreements.
BACKGROUND:
In March of 2007, the City of Bakersfield filed three lawsuits relating to water. Since then, the
lawsuit against the City of Shaffer and the lawsuit against Oildale Mutual have been resolved. The
remaining lawsuit against North Kern Water Storage District and others is a comprehensive lawsuit that
seeks a binding judicial conclusion in order to resolve the fundamental question as to whether the 1952
Agreement allows agriculture water to be used for urban or residential purposes. This lawsuit remains
active and is in the discovery phase. Duane Morris is the attorney of record for the City of Bakersfield.
The initial compensation limit which was set for Duane Morris, which also included legal services in the
lawsuit against the City of Shafter and Oildale Mutual, has been exhausted. An additional $150,000 for a
total amount not to exceed $400,000 is requested.
In addition, staff is seeking approval of an additional contract with Duane Morris to cover the off-
shoot of our victory in the First Point litigation (North Kern Water Storage District v. Kern Delta Water
District, et al, Tulare County Superior Court Case No. 96-172919, Fifth Appellate District Court Case No.
F047706). This contract will allow Duane Morris to continue its representation of the City as we make our
case before the State Water Resources Control Board that there is unappropriated water and that it should
remain in the Kern River.
Funds will be available in the Water Resources FY 2008-09 budget for the required outside legal
services outlined above.
GG:dll
S:\COUNCILWdminsW7-OB AdminsVlftyRtnrAgr.DuaneMorrisNKemCryldaleB~ShafterBSWRCB.dot
June 13, 2008, 10:44AM
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ADMINISTRATIVE REP
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ , ;..-
TO: Honorable Mayor and City Council APP,~OVED
FROM: Raul M. Rojas, Public Works Director A' `?
DEPARTMENT HEAD_ ~ ~`
~~ -''
DATE: June 11, 2008 CITY ATTORNEY /~
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 03-152 with Metropolitan Recycling Corpo a ion (M C) for
Collection of Recyclables (compensation of $4.66 per month, $55.92 per year, for each
subscriber to the program served by the contractor).
RECOMMENDATION: Staff recommends approval of Amendment
BACKGROUND: On June 11, 2003, the City entered into a five year agreement with the local
haulers, MRC, to jointly begin a voluntary curbside recycling program. As the agreement reaches
the end of its term (June 30, 2008), changing conditions require some amendments be made to the
original agreement to continue the program. The original agreement provided for MRC to collect,
process, and market the recyclable material they collect. This kept administrative and operational
costs down in the program's infancy when volumes collected were small and values insignificant. In
the current climate, market values have skyrocketed. Future economic downturns could just as
easily negatively impact market values. Because of this widely fluctuating market for recyclables,
staff recommends that the agreements for collection and processing of materials be handled
separately. While this amendment to Agreement No. 03-152 resolves the collection of curbside
recyclables, the processing of recyclables will be considered separately and more thoroughly in the
future, as decisions regarding location and type of processing are resolved.
This agreement reflects the cooperative nature of refuse and recycling collection in Bakersfield and
reduces the cost charged by MRC for collection from $5.25 to $4.66 per month for each subscriber.
The $4.66 per month per subscriber is the amount charged to the City by MRC to provide collection
services for recyclables. City staff will implement temporary measures to handle the processing
and marketing of recyclables while long term processing options are studied. It is important to note
that the revenue from collected recyclables will be reported within the City's Refuse Fund. The
revenue collected, after it first offsets the processing costs, will be used to offset the cost to the
subscribers. City staff anticipates increased participation in this voluntary program because of
ongoing education efforts. As a result of increased participation, volumes and revenues from these
sales should increase.
In addition, this amendment also includes provisions for both parties to annually negotiate in good
faith to adjust compensation rates (using municipal operation costs) for collection services which
could be impacted by rises in fuel costs or increases in participation levels, among other things.
Lastly, this amendment encourages continued cooperation between the City and County and allows
for the metro-wide curbside collection of recyclable material by MRC of both City and County
commingled loads. By establishing formulas based upon the percentage of City subscribers versus
non-City subscribers, operational efficiency for both the City and County can
continue without increasing administrative burdens.
G:IGROUPDAT\ADMINRPT\2008\06-25\admin report draft Voluntary Curbside Recycling Program_Agr 6-12-08.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~a
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD_~
DATE: June 9, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 08-039 with V Lope and ons, Inc.
($35,835.15 for a revised not to exceed amount of $815,644.45) for the Street cape and
Storm Drain Improvements 19th Street at Eye Street (Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides Streetscape and street improvements at the intersection of 19tH
Street and Eye Street.
During removal of the existing sidewalk, a previously undetected basement area was found within the
sidewalk area of the southwest corner of 19th Street and Eye Street. The removal operation disturbed and
damaged some of the building support within this basement area. A structural engineer was retained to
design a repair system for this damaged area. The contractor has agreed to accept a lump sum of
$35,835.15 to perform the repair operations.
This is the first change order to be submitted for this project. This change order will increase the project
total by $35,835.15 (which is an increase of 4.6% of the original contract amount) as illustrated below:
Original Contract Amount $779,809.30
Amended Contract Agreement after Change Orders = $815,644.45
Net Increase to date = $ 35,835.15
G:IGROUPDAT\ADMINRPl12006\06-25\CCO 1 Streetscape 19th at Eye.doc
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ADMINISTRATIVE REPORT
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ALIF 0
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: j Z
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 12, 2008
Construction of Beach Park Skate Park Expansion Project (Ward 2):
1. Accept bid and award contract to Grindline Skateparks, Inc. ($159,264.79) for
construction of project.
2. Transfer $40,000 from Recreation and Parks Capital Improvement Project (Beach
Park Tank and Pump) to the Capital Improvement Budget within the Capital Outlay
Fund.
3. Accept and appropriate $10,000 donation from Kiewit Construction to the Recreation
and Parks Capital Improvement Budget within the Capital Outlay Fund for this project.
AI3PROVED
~~ ~-
DEPARTMENT HEAD ~~~a--'
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, approval of
transfer, acceptance of donation, and approval of appropriation.
BACKGROUND: The Beach Park Skate Park Expansion Project will provide improvements to the
existing skate park at Beach Park including skate amenities that can be used by more advanced
skateboarders. Local skateboarders participated in two meetings to identify desired improvements for the
City's architect to incorporate into the expansion project. Features at the existing skate park were also
designed with input from local skateboarders which primarily serve beginning to mid-level skaters.
This project will consist of constructing reinforced concrete/shotcrete improvements. The major feature of
the expansion is a kidney shaped "bowl." Other skate boarding amenities include various sizes of stairs,
"Euro" gap, "Hubba" grind box/bleachers, banked ramps, retaining wall and perimeter flatwork.
The Engineer's Estimate for this construction contract was $152,000. The funding source is the Capital
Outlay Fund along with a $10,000 donation from Kiewit Construction. This $10,000 donation must first
be accepted and approved by the City Council before it can be expended. Also, additional funds are
needed to award this contract. Savings are available within the budget for the Beach Park Tank and
Pump Improvement project, which is also funded within the Capital Outlay Fund. The amount to be
transferred from this project ($40,000) also includes funds for potential change orders, materials testing,
consultant costs, and other miscellaneous costs.
June 11, 2008, 4:56PM
G:\GROUPDAT\ADMINRPT\2008\06-25\Beach Park Skate Park Expansion P7C703 Contract Award.doc
ADMINISTRATIVE REPORT
On May 20, 2008, three (3) acceptable bids were received as follows:
Grindline Skateparks, Inc.
4619 14th Avenue SW
Seattle, WA 98106 in the amount of $159,264.79
Sizemore Construction
13429 Main Street
Trona, CA 93562 in the amount of $172,350.00
GeoCon Engineering, Inc.
24738 Gallineta Way
Ramona, CA 92065 in the amount of $197,890.00
pw engr/jlm/ Project #P7C703
June 11, 2008, 4:56PM
G:\GROUPDATWDMINRPT\2008\06-25\Beach Park Skate Park Expansion P7C703 Contract Award.doc
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 11, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid and award contract to Contra Costa Electric ($155,455.00) for installation of
emergency standby generators for Fire Stations 4 and 6. (Wards 1 and 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to fifty three (53) contractors for providing and installing
emergency standby generators for Fire Stations 4 and 6. Two (2) bids were received in response to
solicitation and are as follows:
BIDDER AMOUNT
Contra Costa Electric $155,455.00
Bakersfield, CA
A-C Electric Company $207,290.00
Bakersfield, CA
The Fire Department budgets for installation of emergency standby generators for at least two fire stations
per budget year. Generators were installed at Fire Stations #2, #10 and #13 in the 2006-2007 budget
year. The standby generators allow the fire stations to be fully operational during a disaster or any
instance of power outage. It is the goal to outfit all fire stations with emergency standby generators.
Staff finds the low bid to be acceptable and recommends award of the contract to Contra Costa Electric,
Bakersfield, California. Funds are available in the 2007-2008 Adopted Budget.
Purchasing Division
DW
S:IPURCHWDMIN\Emergency Generators for Fire Stations 4 8 6, 07-08-88, June 25, 2008.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 9, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to A-C Electric Company ($298,095.00) for ffi'e construction
of the Traffic Signals & Lighting, Mill Creek Linear Park at 19th & 21St Streets (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City is currently constructing Phase 1 of the Mill Creek Linear Park Project. Meyer
Civil Engineering, our design consultant, along with City staff, has prepared plans and specifications to
construct traffic signals and lighting at 19th & 21St Streets. This construction contract allows for the
installation of the "theme" lighting and traffic signals that were selected by the Linear Park Architectural
Committee for these street crossing locations. There are sufficient funds available to award this contract.
On June 5, 2008, two (2) acceptable bids were received as follows:
BIDDER
A-C Electric Co.
315 30th Street
Bakersfield, CA 93301 (City)
Loop Electric, Inc.
7040 Downing Ave.
Bakersfield, CA 93308 (City)
in the amount of
in the amount of
(tma)
(P6K127)
AMOUNT
$298, 095.00
$334,000.00
June 9, 2008, 5:02PM
G:\GROUPDAT\ADMINRPT\2008\06-25\Mill Creek Traffic Signals & Lighting.doc
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ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 9, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Bronco Electric ($66,900.00) for the cons ru on of the
Electrical Distribution System -Mill Creek Linear Park (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract
BACKGROUND: The City is currently constructing Phase 1 of the Mill Creek Linear Park Project. Meyer
Civil Engineering, our design consultant, along with City staff, has prepared plans and specifications to
construct the electrical distribution system. This project will construct and install electrical equipment, thus
providing power to the lights and other electrical items at the park. The work to be performed by the
contractor will be done in coordination with work performed done separately by PG&E. There are
sufficient funds available to award this contract.
On June 5, 2008, seven (7) acceptable bids were received as follows:
BIDDER AMOUNT
Bronco Electric Inc.
1711 Art St.
Bakersfield, CA 93312 (City) in the amount of $66,900.00
Turnupseed Elec. Service, Inc.
5306 Aldrin Court
Bakersfield, CA 93313 (City) in the amount of $67,170.00
A-C Electric Co.
315 30~' Street
Bakersfield, CA 93301 (City) in the amount of $67,510.00
Loop Electric Inc.
7040 Downing Ave.
Bakersfield, CA 93308 (City) in the amount of $85,000.00
Leo Black Electric, Inc.
1420 James Road
Bakersfield, CA 93308 (City) in the amount of $86,089.00
June 10, 2008, 8:28AM
G:\GROUPDAl1ADMINRPT\2008\06-25\Mill Creek Elec. Dist. System.doc
ADMINISTRATIVE REPORT
Spring Mountain Industries, Inc.
4300 Armour Ave.
Bakersfield, CA 93308 (City)
Contra Costa Electric, Inc.
3208 Landco Drive
Bakersfield, CA 93308 (City)
(tma)
(P6K117)
in the amount of
in the amount of
$89,270.00
$101,089.60
June 10, 2008, 8:28AM
G:\GROUPDAT\ADMINRPT12008\06-25\Mill Creek Elec. Dist. System.doc
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ADMINISTRATIV
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LIFO
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 9, 2008
CITY ATTORNE
CITY MANAGE
Accept bid and award contract to D. Reese Construction ($99,248.01
of the Pedestrian Bridge Covering at Mill Creek Linear Park (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City is currently constructing Phase 1 of the Mill Creek Linear Park Project. Meyer
Civil Engineering, our design consultant, has prepared plans and specifications to construct a pedestrian
bridge in the park. This construction contract provides for the fabrication and installation of the bridge
cover which will give the pedestrian bridge its "covered bridge" effect. Resolution No. 073-08, approved
by the City Council on May 21, 2008, authorized construction of the bridge truss (pedestrian bridge).
There are sufficient funds available to award this contract.
On June 5, 2008, two (2) acceptable bids were received as follows:
BIDDER
D. Reese Construction
829 Beach Dr.
Needles, CA 92363
Stephen Watts Construction
612 Brightwood St.
Bakersfield, CA 93314 (City)
(tma)
(P6K117)
APP OVED
DEPARTMENT HEAD : ~~
AMOUNT
in the amount of $99,248.00
in the amount of $154,970.00
June 10, 2008, 10:23AM
G:\GROUPDAT\ADMINRPT\2008106-25WIill Creek Ped. Bridge Covering.doc
U
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 12, 2008
CITY ATTORNEY
CITY MANAGE
Accept bid and award contract to Western Farm Service, Incorporated in the amount of
$432,125.38 for the annual contract for chemical insecticides/herbicides. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid, award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Invitations to bid were sent to over two hundred (200) contractors for the Annual
Contract for Chemical Insecticides/Herbicides for the Recreation and Parks Department and Water
Resources Department. Six (6) partial bids were received in response to solicitation (spreadsheet
attached). The contract is renewable annually for four consecutive one-year periods at the City's option
and upon mutually agreeable terms.
Staff finds the most complete bid from Western Farm Service, Incorporated, Fresno, California to be
acceptable and recommends award of the contract.
APPROVED
DEPARTMENT HEAD /S/
Purchasing Division
S:IPURCHWDMIMAC Chemicals Insecticides-Herbicides, 07-OS-96, June 25, 2008.doc
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 d . -f`.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD it/~7
•--_--
DATE: June 11, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Tri Power Systems ($49,148.00) for emergency generator
for Kelso Peak Communications site. (Ward 3)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to eighty seven (87) contractors for providing an emergency
generator for the Kelso Peak Communications site. Two acceptable bids were received and are as
follows:
BIDDER AMOUNT
Tri Power Systems $49,148.00
Modesto, California
A-C Electric Company $58,500.00
Bakersfield, California
Kelso Peak Communications site supports numerous Police, Fire, Public Works, and Water Department's
radio repeaters. It covers the northeastern areas of the City, and because of the site's remote location, off
Rancheria Road, commercial power is often unreliable. The old 15 kilowatt generator is insufficient when
equipment is transmitting simultaneously. The new 30 kilowatt generator will be capable of handling
expansion and will be placed outside the existing generator room in aweather-resistant enclosure which
will free up interior space allowing room for upcoming equipment additions.
Staff finds the low bid of $49,148.00 from Tri Power Systems to be acceptable and recommends award of
contract. Funds are available in the 2007-2008 Budget.
Purchasing Division
S:\PURCHWDMIN\Emergency Generator for Kelso Peak, 07-08-85, June 25, 2008.doc
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: / .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 12, 2008
CITY ATTORNEY
CITY
SUBJECT: Accept bid and award contract to PBC SolutionOne, Incorporated in the amount of
$47,740.00 for the Annual Contract for Janitorial Maintenance for City Hall orth for the
Public Works Department. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Invitations to bid were sent to fifty two (52) suppliers for the Annual Contract for
Janitorial Maintenance for City Hall North. The contract is renewable annually for four consecutive one-
year periods at the City's option and upon mutually agreeable terms.
Four (4) complete bids and one (1) partial bid were received in response to solicitation as follows:
City staff finds the low bid from PBC SolutionOne, Fresno, California to be acceptable and recommends
award of the contract.
APPROVED
DEPARTMENT HEAD //~
S:IPURCHWDMINWC for Janitorial Maintenance for CHN, 07-08-79, June 11, 2008.doc
Created on 6/12/2008 8:53 AM
A
~ ~ ~
d ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD //j
DATE: June 10, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from CDW-G, Incorporated in the amount of $771,325.80 for two hundred
eleven (211) replacement toughbook laptop computers for the Police Department.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for two hundred eleven (211)
replacement toughbook laptop computers.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for replacement
toughbook laptop computers to be used by the Police Department. Nine (9) bids were received in
response to the solicitation as follows:
BIDDER AMOUNT
CDW-G, Inc $ 771,325.80
Vernon Hills, Illinois
Paradigm System Solutions, Inc. $ 782,310.46
Burnsville, Minnesota
Ridgeline Technology $ 788,096.88
Santa Cruz, California
EnPointe Technologies Sales, Inc. $ 799,961.66
Gardena, California
Portable Computer Systems, Inc. $ 803,356.13
Denver, Colorado
Howard Industries, Inc. $ 823,404.82
Ellisville, Mississippi
Brekford International, Inc $ 829,154.04
Hanover, Maryland
-,
Purchasing Division
S:IPURCHWDMIN\Panasonic Toughbooks for PD 07-08-100, June 25, 2008.doc
ADMINISTRATIVE REPORT
CompuCom Systems, Inc. $ 854,544.62
Dallas, Texas
EI Camino Resources, Inc. $1,053,537.06
Chatsworth, California
Staff finds the low bid to be acceptable and recommends award of the bid to CDW-G, Incorporated in the
amount of $771,325.80.
Purchasing Division
S:IPURCHWDMIN1Panasonic Toughbooks for PD 07-08-100, June 25, 2008.doc
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
' ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 10, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $663,964. f r two (2)
replacement combination_ jet rodder trucks for the Public Works Department Str et Division.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing two (2)
replacement combination jet rodder trucks for the Streets Division.
Three (3) acceptable bids were received in response to solicitation and are as follows.
BIDDER AMOUNT
Bakersfield Truck Center $663,964.84
Bakersfield, California
Gibbs International, Inc. $666,590.69
Bakersfield, California
Municipal Maintenance Equipment, Inc. $679,542.39
Sacramento, California
The combination jet rodder trucks were purchased in 1996 with a ten (10) year life expectancy and, as of
today, have been in operation for twelve (12) years. During the last year vehicle down time has increased
making them unreliable and a burden to the using department and repair costs for the trucks amount to
$19,800.00.
These trucks are used in the streets division, sewer section to clean storm drains and catch basins, and
are used during emergency situations. Staff finds the low bid to be acceptable and recommends award of
the bid to Bakersfield Truck Center, Bakersfield, California.
Purchasing Division
Kb
S:IPURCHWDMIN1Combination Jet Rodder Truck, 07-08-97, June 25, 2008.doc
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ~[/'S
DATE: June 9, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $275,250.41 f o additional
LNG powered four axle front-loading automated refuse truck for the Public Works
Department Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing one (1)
additional LNG powered four axle front-loading automated refuse truck be used by the Public Works
Department.
One (1) acceptable bid was received in response to solicitation as follows.
BIDDER AMOUNT
Bakersfield Truck Center $275,250.41
Bakersfield, California
Due to the long lead time in acquiring a vehicle of this type (9 to 10 months) staff believes it is important to
order this truck now to maintain adequate service levels over the next two years. This vehicle was
originally budgeted in the 2006-07 fiscal year but the purchase was deferred for one year. These types of
trucks are used primarily for commercial collection and staff is requesting to purchase the one additional
truck at this time to adequately serve the needs of our community. Staff recommends award of the bid to
Bakersfield Truck Center, Bakersfield, California
Purchasing Division
Kb
S:IPURCHWDMIN\LNG Front Loading Refuse Truck, 07-08-98, June 25, 2008.doc
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: a. (<
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 10, 2008
CITY ATTORNEY
CITY MANAGE
SUBJECT: Accept bid from Jeskell, Incorporated in the amount of $259,026.21 for a server room
infrastructure upgrade. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over four hundred (400) bidders for providing equipment to
upgrade a server room infrastructure. Jeskell, Incorporated submitted the only bid and staff finds the bid
to be acceptable.
The upgrade to the server room infrastructure will add processing power and storage space to both the
City and Police Departments IT infrastructures. Modem software and database applications require
storage space for data, photos, and digital documentation of all kinds. The Police Department alone
stores a tremendous amount of evidence and IT strives to stay ahead of their needs. This upgrade will
increase the ability of the IT Department to backup and recover as well as store safety offsite a copy of all
City data in the event of a localized disaster.
APPROVED
DEPARTMENT HEAD
Purchasing Division
DW
S:~PURCHWDMIN~Server Room Infrastructure Upgrade, 07-08-101, June 25, 2008.doc
Created on 6/11/2008 11:40 AM
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ,, ~/,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 10, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from GCS Western Power & Equipment, Incorporated in the amount of
$87,825.15 for one additional truck mounted parking lot sweeper for the Public Works
Department Streets Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing one (1)
additional truck mounted parking lot sweeper to be used by the Public Works Department.
One (1) acceptable bid was received in response to solicitation as follows.
BIDDER AMOUNT
GCS Western Power & Equipment, Inc $87,825.15
Buena Park, California
The truck mounted sweeper is necessary to sweep the basement parking area of City Hall North and
parking areas of the Development Services Building. The mobility of the truck mounted sweeper will allow
staff to maintain parking areas of City parks on a regular basis and will provide a means for sweeping the
Bike Path.
Staff recommends award of the bid to GCS Western Power & Equipment, Incorporated, Buena Park,
California
Purchasing Division
Kb
S:IPURCH\ADMIN\Truck Mounted Parking Lot Sweeper, 07-08-99, June 25, 2008.doc
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ADMINISTRATIVE REPORT
cy~w~ts
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: ,~~,,~
TO: Honorable Mayor and City Council ~ APPROVED
FROM: Javier Lozano, Human Resources Manager DEPARTMENT HEAD
DATE: June 6, 2008 CITY ATTORNEY ~
CITY MANAGER
SUBJECT: Revised Job Specifications: Fleet Service Worker I #14060
Fleet Service Worker II #14460
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Public Works Director is requesting modifications be made to job specifications of the Fleet Service
Worker I & IL
Currently, these positions require the employee to obtain a Class "A" California Driver's License within the
six-month probationary period. The request is to change the requirement to a Class "B" License. The
change is being requested for the following reasons:
• All towing and equipment transport is not performed by Fleet Services
• Any test driving of Class "A" equipment is conducted inside the Corporation Yard and not on
City streets
• Reduces the difficulty of attracting qualified candidates
Also, there is also a request to add language requiring certain State certifications as required by State and
Federal law for inspections and equipment operation.
There is no budgetary impact as the salary will remain the same for all classifications. SEIU concurs with
the proposed revisions. The revised job specifications will be presented to the Miscellaneous Civil Service
Board at their June 17, 2008 meeting.
(cc)
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: J r r
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Javier Lozano, Human Resources Manage DEPARTMENT HEAD,
June 2, 2008 CITY ATTORNEY
CITY MANAGER
Revised Job Specifications: Fleet Mechanic I #14330
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Public Works Director is requesting modifications be made to job specifications of the Fleet Mechanic
Currently, this position requires the employee to obtain a Class "A" California Driver's License within the
six-month probationary period. The request is to change the requirement to a Class "B" License. The
change is being requested for the following reasons:
• All towing and equipment transport is not performed by Fleet Services
• Any test driving of Class "A" equipment is conducted inside the Corporation Yard and not on
City streets
• Reduces the difficulty of attracting qualified candidates
There is no budgetary impact as the salary will remain the same for all classifications. SEIU concurs with
the proposed revisions. The revised job specifications were presented to the Miscellaneous Civil Service
Board and approved at their May 20, 2008 meeting.
APPROVED
(cc)
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ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: f
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: June 13, 2008
SUBJECT: Miscellaneous Appropriations:
APPROVED
DEPARTMENT HEAD _
CITY ATTORNEY
CITY MANAGER
1. Appropriate $350,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's operating budget for increased chemical costs
associated with odor control for sewer lift stations.
2. Appropriate $150,000 additional revenue to the Public Works Department's operating
budget within the Equipment Management Fund for increased costs associated with
maintaining fleet equipment.
RECOMMENDATION: Staff recommends approval of appropriations.
BACKGROUND: This Administrative Report appropriates funds for several operating budget line
items. There is no General Fund impact associated with any of the appropriation requests. Following is a
justification for each item.
Subject 1 -This Administrative Report appropriates funds within the Public Works Department's operating
budget for the Streets Division's Sewer Maintenance Section. Staff is projecting to be over-expended in
the chemicals account due to having to inject more chemicals in the sewer system to control odor
projections.
Subject 2 -Additional funds are needed to cover increases in several expenditure line items incurred for
the city's fleet equipment. There has been more equipment sent out to outside vendors for transmission
overhauls, engine overhauls, and suspension work. In addition, there has been an increase in the cost of
parts because of fuel surcharges. There is sufficient additional revenue to offset the increased costs. On
May 7, 2008, a $200,000 appropriation was approved. Additional funds are still needed due to
expenditures increasing more then previously expected. This is attributable to spikes in fuel prices,
causing parts and other expenditures to increase.
G:IGROUPDATWDMINRPT\2008\06-25\Misc Appropriations.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: j ,~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
June 12, 2008
CITY MANAGER "~ rr'
Appropriate $300,000 Fund Balance and $190,000 Additional Water
the Agricultural Water Fund to augment the 2800 Acre Banking Program.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~~ ~'~ ~' ~"
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: This appropriation is needed to cover the additional power cost to run eight water wells
to pump water from the City's 2800 Acre banking facility. The amount of electrical costs varies annually
within the Ag Water 2800 banking program depending on the availability of Kern River water supply and
State water supply. There has been an increase in the demand for use of our banking facility due to the
unforeseen drastic reduction in state water supplies in this area. Moreover, due to current conditions the
wells are running for a longer period of time than originally anticipated which has increased the annual
cost for power. The additional $190,000 in revenue is the anticipated reimbursement from the Kern County
Water Agency for power cost in accordance to our 2800 Acre Banking Program. This revenue is above the
amount previously included in the current year budget for this program.
June 13, 2008, 9:48AMR -Water Resources
C:\Documents and Settings\mrandall\Desktop\062508ExtractionProgram.doc
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~ , ~
° ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: / ~ ,
,,
TO: Honorable Mayor and City Council
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: June 11, 2008 CITY ATTORNEY
CITY MAN
SUBJECT: Appropriate $10,000 Fire Trust, Hazmat Penalty account to the Fire Depa
Budget within the General Fund for San Joaquin Air Pollution Control District settlement
RECOMMENDATION:
Staff recommends appropriation.
BACKGROUND:
The Fire Department Training Captain mistakenly proceeded with a "house burn" before receiving
asbestos clearance from the San Joaquin Air Pollution Control District (SJAPCD). An administrative
enforcement action ensued which resulted in a $10,000 settlement amount. The proposed funding source
to pay this settlement is the Fire Trust- Hazmat Penalty Account. Funds in this account are the result of
similar administrative enforcement actions taken by and settlements paid to the City.
The City Attorney's Office worked with SJAPCD to reduce or dismiss the fine. It was originally $30,000
and the City negotiated to pay a $10,000 settlement and the promise for an in-house employee to receive
asbestos accreditation. Howard Wines, Director of Enviornmental Services (Fire Dept) completed the
training for asbestos accreditation on June 6, 2008.
June 12, 2008, 3:25PM
S:1Coleen BlairWDMIN PRTSISJAPCD Penalty.doc
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ADMINISTRATIVE REPORT
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MEETING DATE June 25, 2008 AGENDA SECTION: Consent Calendar
ITEM: / ~ , ~ ~ ,
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Ron Fraze, Fire Chief DEPARTMENT HEAD ~~"'~
May 30, 2008 CITY ATTORNEY
CITY MANAGER
Appropriate $227,000 from Office of Emergency Services and USDA Forest Service to the
General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid
assignments.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Bakersfield Fire Department was involved in numerous Strike Teams during the 2007-08 fire season.
The total amount reimbursed was $227,000 which will be appropriated to the General Fund Fire
Department Budget to reimburse actual overtime costs.
The larger Federal fires attended were Angora, Zaca, Butler 2, and the Boulder Fires. The larger State
OES fires attended were Madera, Harris, and the October move up and cover.
sc
June 5, 2008, 4:35PM
S:\SUSANWdmin Report Word\OES and USDA fires.dot
C A
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TRATIVE REPORT
ADMIN S
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MEETING DATE: June 25, 2008 AGENDA SECTION: Hearings
ITEM: f
TO: Honorable Mayor and City Council PROVED
rsy
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 15, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Hearing to consider a Resolution approving and adopting an adju ed fee for the
development and improvement of parks within the City of Bakersfield (Proposed 3.53%
increase based upon Construction Cost Index) (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following
is the Public Works Director's annual report to the City Council with updated, new, or additional
information regarding the fee amount collected for the development of parks within the City. Staff
recommends increasing the current $1,560 per dwelling unit fee to $1,615 per dwelling unit (3.53%
increase). This increase is based entirely on the rise in the Construction Cost Index (CCI). Parks staff
has reviewed the cost components of the park development fee, and other than the CCI, no other changes
are recommended.
The park development fee was last adjusted in March, 2007.
Informational notices were mailed to the Building Industry Association (BIA), American Institute of
Architects, and North Bakersfield Recreation and Parks District.
phs
G:\GROUPDAT\Georgina\Park Development Fees\2008\Park Dev Fee Admin.doc
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MEETING DATE: June 25, 2008 AGENDA SECTION: Public Hearing
ITEM: f y b~
TO: Honorable Mayor and City Council OVED
:~_
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD- ~ `~=~.. ~~ /~~-~
DATE: June 18, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution to authorize the Bakersfield Redevelop nt gency
to sell the Real Property located at 701 Union Avenue for $1.00 to AMCAL Multi-Housing,
Inc., for the development of 55 affordable multi-family apartments and 3,000 square feet of
commercial/retail space. (Ward 1).
1. Resolution approving the Sale of Real Property, located at 701 Union Avenue by
the Bakersfield Redevelopment Agency to AMCAL Multi-Housing, Inc., for $1.00 to
AMCAL Multi-Housing, Inc.
2. Agreement with AMCAL Santa Fe Funds, L.P., for HOME Investment Partnership
(HOME) funds, not to exceed $2,000,000, for the construction and development of
approximately 3,000 square feet of commercial/retail space and 55 affordable multi-
family units at 701 Union Avenue to be known as Santa Fe Apartments. (Ward 1).
RECOMMENDATION:
Staff recommends adoption of resolution, approval of transfer, and approval of agreement.
BACKGROUND:
On July 11, 2005 the Bakersfield Redevelopment Agency approved the purchase of 701 Union Avenue
through the tax default property sale for the future development of a mixed use redevelopment project at
this site. On November 20, 2006, staff solicited requests for proposals to several interested developers
with various backgrounds in both residential and commercial development. On January 20, 2007, five
proposals were received from various developers depicting a broad range of development concepts from
commercial, mixed-use retail, affordable rental and for-sale housing. After an extensive developer
interview and review process, AMCAL Multi-Housing Inc. was selected to continue on to the exclusive
negotiation phase of the process to further discuss the development of the project.
During this exclusive negotiation period the deal points for the project have been negotiated and
incorporated into a HOME Investment Partnership Loan Agreement to provide new construction financing
for the Santa Fe Apartments. These funds will be used for off-site improvements including impact fees,
permit fees and utility hook-ups and on-site construction costs.
S:Wdmins\City Council\City Council Admins 2008WMCAL Revised 6.25.08.doc
6/18/2008 1:02 PM
ADMINISTRATIVE REPORT Page 2
The scope of the project consists of approximately 3,000 square feet of commercial/retail space and 55
units of affordable rental housing. A maximum of 11 of the HOME-assisted units may be rented to low
income persons at or below 60% of the area median income. All units of the project will be rented to
households and families of low and/or very-low income. In addition to the 55 rent restricted units there
will be a manager's unit constructed as part of the project that will not be rent restricted. The project
consists of 20 two-bedroom units, 32 three-bedroom units and four four-bedroom units with an average
square footage of 945 square feet.
Construction is anticipated to begin by March, 2009 with anticipated completion in December, 2010. In
addition to the loan, the Bakersfield Redevelopment Agency will consider a Disposition and Development
Agreement on July 14, 2008 for the conveyance of the approximately 2.5 acre site to the developer for
$1.00 which is the value established by a summary report and the reuse appraisal prepared by GRC and
Associates based on the economics of the project and the restricted 55 year affordability covenant on the
property. The parcel was acquired with redevelopment low-mod funds and although the project is
designed with a small store-front commercial component the overwhelming majority use will be used for
affordable residential.
1. Public Hearing
Pursuant to Section 33433 of the California Health and Safety Code, the Bakersfield City Council may,
after a duly noticed public hearing, authorize the Redevelopment Agency to sell or lease the property, for
development pursuant to the Southeast Area Redevelopment Plan upon a determination by the City
Council that the proposed consideration is not less than the fair reuse value of the Property, that the
disposition of the Property will assist in the elimination of blight, and is consistent with the implementation
plan adopted for the Southeast Redevelopment Project Area.
Under Redevelopment Law, Health and Safety Code Section 33433, whenever an agency disposes of
property acquired directly or indirectly with tax increment funds, the agency must sell the property for not
less than the fair market value at its highest and best use in accordance with the redevelopment plan, or at
a price not less that the fair reuse of the propose use and with the affordability covenants, conditions and
development costs authorized by the sale.
A summary report and reuse analysis prepared by GRC and Associates has been attached that reflects
that the Agency's sales price of $1.00 for the property is not less than the fair reuse value for the property
and with the required covenants and restrictions, and validated in the enclosed reuse analysis that is
based on the proposed use. The summary report and reuse analysis were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433. In addition, the project will
not result in any significant effects relating to traffic, noise, air or water quality and therefore qualifies as
CEQA exempt under Section 15332 under Infill Development.
The Redevelopment Agency will consider the Disposition & Development Agreement for the project to
facilitate the sell of the property under Health & Safety Code section 33433 at their regularly scheduled
meeting on July 14, 2008.
AMCAL Multi-Housing Inc. is a California based company which has focused on the affordable housing
sector, including family "workforce" and senior apartments over the past 30 years. During the past
several years, AMCAL has developed or is currently in the planning process of building and developing
approximately 1,000 housing units. In addition they have a successful track record in obtaining state and
federal tax credits in California in excess of $100,000,000. AMCAL's affordable developments offer
several attractive amenities including computer centers, child care and job training programs.
S:Wdmins\City Council\City Council Admins 2008WMCAL Revised 6.25.08.doc
6/18/20081:02 PM
ADMINISTRATIVE REPORT
2. Agreement with AMCAL Santa Fe Funds, L.P.
Page 3
The $2,000,000 of HOME funds will be in the form of a loan at 3% interest and paid back to the City out of
residual receipts. The term of the loan will be for 55 years corresponding to the affordability period of the
project financing and secured by a Deed of Trust on the property. In addition, the City's assistance is
contingent upon AMCAL receiving a tax credit allocation from the State of California Tax Credit Allocation
Committee (TCAC) during calendar year 2008.
AMCAL Santa Fe Funds, L.P., is a subsidiary of AMCAL Multi-Housing, Inc.
AMCAL is applying for 9% Federal Tax Credits to provide the majority of the financing for the project.
These tax credits are administered by TCAC to provide funding and to encourage private investment in
affordable rental housing for households meeting specific income requirements which are 60% of median
gross income or less. The application for the tax credits is very competitive and is due on July 24, 2008.
Santa Fe Apartments will be located in an area convenient to amenities, and transportation. The attractive
design will serve the family target population by providing much needed two-, three-, and four-bedroom
affordable units which are in great demand in the area. In addition, the project will eliminate a long-
standing blighted parcel of land within the Southeast Bakersfield Redevelopment Project Area.
S:Wdmins\City Council\City Council Admins 2008WMCAL Revised 6.25.OB.doc
6/18/20081:02 PM
,"'~
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2008 AGENDA SECTION: Deferred Business
ITEM:
TO: Honorable Mayor and City Council
FROM: John W. Stinson, Assistant City Manager
DATE: June 11, 2008
SUBJECT: Fiscal Year 2008-09 Budget:
APPROVED
DEPARTMENT HEAD _~5_I~
CITY ATTORNEY
CITY MANAGER
1. Resolution Approving and Adopting the City of Bakersfield Operating and
Improvement Budget.
2. Resolution Approving and Adopting the Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution Establishing the City of Bakersfield Appropriations Limit.
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
Attached are the resolutions adopting the Fiscal Year 2008-09 City of Bakersfield and Bakersfield
Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets which total $595,885,848.
The proposed budgets reflect the operating and capital expenditures for the 2008-09 fiscal year. They
reflect the funding of the City's operating cost and the funding of various capital improvements including
street and road resurfacing, park and recreational facilities, and improvements to other City owned facilities.
The City of Bakersfield budgets total $576,406,562 with the Operating Budget including transfers totaling
$372,166,431 and the Capital Improvement Budget totaling $204,240,131.
The Bakersfield Redevelopment Agency budgets total $19,479,286 with the Operating Budget totaling
$18,979,286 and the Capital Improvement Budget totaling $500,000.
The resolution adopting the Fiscal Year 2008-09 Appropriations Limit of $266,206,944 is also included with
this administrative report, for Council consideration and adoption as required by State law. The City's
appropriations which are subject to the limit total $141,782,745. Therefore, the proposed appropriations are
significantly below the maximum limit allowed by State law.
JWS:rk
6/11/2008 11:30 AM
S:\08-09BUDPRO\Resolutions\08-09 Budget Adoption Admin - 062508.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 25, 2008 AGENDA SECTION: New Business
ITEM: / 7,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager
DEPARTMENT HEAD
DATE: June 16, 2008
SUBJECT: Animal Control: Dog License Survey Team Proposal.
CITY ATTORNEY r'/~
CITY MANAGER
RECOMMENDATION: The Legislative and Litigation Committee recommends the City Council adopt the
pilot program as outlined below and direct staff to provide a follow up report to the Legislative and
Litigation Committee at the conclusion of the policies.
BACKGROUND: At the March 12, 2008 City Council Meeting, Councilmember Sullivan requested an
overview of what was being done in the City of Bakersfield regarding unwanted pets. This matter was
referred to the Legislative and Litigation Committee (Committee) for review. At the April 14, 2008 meeting
of the Committee, staff provided an overview of the animal control efforts of the City of Bakersfield as well
as a survey of what other jurisdictions are doing, including the implementation of mandatory spay/neuter
programs.
During the same period of time, the Kern County Board of Supervisors (Board) directed the Kern County
Animal Control Commission to develop a mandatory spay/neuter ordinance and report back to the Board
at their June 10, 2008 meeting. Staff was directed to continue to monitor the development of the County's
draft ordinance and to develop a program for the City of Bakersfield to increase enforcement of existing
dog vaccination and licensing laws. As a result of the April 14, 2008 Committee meeting, the Police
Department developed the proposal discussed below.
(The attached memo was provided to the Committee at their June 16, 2008 meeting and provides an
overview of the discussion and acfion that took place at the June 10, 2008 meeting of the Board).
PROPOSAL: Currently there are 5,998 dog licenses that expire after 12/31/07 in the City of Bakersfield.
According to the American Veterinary Medical Association 2007 U.S. Pet Ownership & Demographics
Sourcebook, 37.2% of households own dogs, with an average of 1.7 dogs per household. aCurrent
estimates show there are 107,948 occupied households in the City of Bakersfield. Assuming that 37.2%
of these households own 1.7 dogs, we can estimate that there are 68,266 dogs within the City of
Bakersfield. This would mean that roughly 8% of the dogs in the City of Bakersfield are currently licensed.
In an effort to increase this level of compliance and to help alleviate the issue of unwanted pets, staff was
directed to develop a program to increase enforcement of existing licensing laws.
a California Department of Finance, Demographic Research Unit, Ciry/County Population and Housing Estimates, 1/1/O8.
June 17, 2008, 9:07AM
S:\Steve Teglia\Leg ~ LitWnimal Control Spay_Neuter\Dog License Survey Team Proposal_Admin.doc
ADMINISTRATIVE REPORT
As a pilot program, designed to ascertain the impact that a more proactive approach to enforcing dog
license laws may have, the Bakersfield Police Department has developed the following proposal:
• Fill two approved and unfilled temporary Animal Control Officer positions.
Over the course of a three month period, assign these officers to specifically canvass
neighborhoods throughout the City and participate in bi-weekly vaccination/licensing clinics.
Costs
• 2 temporary Animal Control Officers
$12.38 per hour x 2 = $24.76
$24.76 x 40 hrs per week = $990.40
$990.40 x 13 weeks = $12,875.20
$12,875.20 x 1.45% (Medicare costs) _ $186.69
Sub-total = $13,061.89
• Fleet charge for vehicle
Maintenance & Operation costs for vehicle (#4162) = 900.00
Total Cost: $13,961.89
Canvassing Strategy
Animal Control will run a licensing report in the 25 beats of the City. Eliminating addresses with current
dog licenses, the temporary officers will be sent out to a representative sample of streets in each of the
beats. Officers will leave duplicate notices at the houses where dogs are present (either with the resident
or at the door). The notices will instruct the owner how to comply with licensing requirements and give
them a date to comply by as well as low cost clinic information. After the compliance date, Animal Control
will re-run a licensing report to determine compliance and return to verify dog ownership and cite non-
compliant residents when possible.
The proposal outlined above has a number of positive aspects to it. In addition to helping City Animal
Control collect data on licensing rates in various parts of the City, the program has the potential of
increasing the amount of registered dogs throughout the City.. Licensed dogs are more easily identifiable
and allow for animal control officers in the field to return animals to their owners as opposed to taking them
to the shelter. Furthermore, a three month pilot program will help the City determine if an ongoing license
enforcement program is self sustaining and viable or if periodic enforcement efforts are more appropriate.
June 17, 2008, 9:07AM
S:\Steve Teglia\Leg & Lit\Animal Control Spay_Neuter\Dog License Survey Team Proposal_Admin.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 11, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 12, 2008 Budget
Meeting and May 21, 2008 Regular City Council
Meeting.
Payments:
ACTION TAKEN
b. Approval of department payments from May 9, 2008
to May 29, 2008 in the amount of $17,840,816.92 AB WEIR
and self-insurance payments from May 9, 2008 to
May 29, 2008 in the amount of $475,442.02.
Ordinances:
c. First Reading of Ordinance amending Title 17 (Zone
Map No. 124-29) of the Municipal Code by changing FR
the zoning from R-3 (Limited Multiple Family
Dwelling) to C-2 (Regional Commercial) on 0.63
acre located on the east side of South Union
Avenue, approximately 500 feet south of East
Panama Lane (ZC 08-0102 -Mark Sandoval
representing Matthew Mark and Partners, LP and
RHPDB LLC).
Bakersfield, California, June 11, 2008 -Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
d. First Reading of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map No.
123-37) of the Municipal Code by changing the
zoning from R-1 (One-Family Dwelling) to M-1 (Light
Manufacturing) on 1.79 acres generally located on
the northeast corner of McCutchen Road and Ashe
Road (Applicant: Summit Engineering representing
Old River Land Company) (ZC 08-0179)
e. First Reading of Ordinance amending Section
2.28.030 of the Municipal Code relating to Planning
Commission -Creation -Members, incorporating
only the technical changes relating to dates for
future appointments of Planning Commissioners.
Adoption of Ordinance amending Municipal Code
Sections 1.12.010 and 1.12.060 by adding
Annexation No. 558 consisting of 42,706 square
feet, located on the south side of Terrace Way,
between Wible Road and Delfino Lane to Ward 1
and Annexation No. 586 consisting of 1.55 acres,
located on the south side of Taft Highway, between
Ashe and Stine Roads to Ward 6. (FR 05/21/08)
g. Adoption of Ordinance approving a Notice of
Exemption and amending Title 17 (Zone Map No.
102-19) of the Municipal Code by changing the
zoning from A (Agriculture) and R-S-1A (Residential
Suburban -1 acre minimum lot size) to E/CH
(Estate/Church Overlay) on 3.65 acres located at
the southwest corner of Meacham Road and
Calloway Drive (ZC 07-2273, Michael H. McAlister
representing Cornerstone Church) (FR 05/21/08)
Adoption of Ordinance adopting the Notice of
Exemption and approving a zone change from PCD
(Planned Commercial Development) to PCD on
approximately 1.8 acres of a larger 16.75 acre
commercial center located generally at 5200
Stockdale Highway. (ZC 07-2195 -Milestone
Management) (FR 05/21/08)
Adoption of Ordinance amending Title 17 (Zone
Map No. 123-06) of the Municipal Code from C-2 to
C-2/PCD (Regional Commercial/Planned
Commercial Development) on approximately 47
acres located west of Calloway Drive between
Stockdale Highway and the Kern River. (ZC 07-
2098 -McIntosh & Associates). (FR 05/21/08)
FR
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4508
ORD 4509
ORD 4510
ORD 4511
Bakersfield, California, June 11, 2008 -Page 3
4. CONSENT CALENDAR continued
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 (Zone Map No.
123-28) of the Municipal Code and amending
Zoning Map No. 123-28 from A (Agriculture Zone) to
R-2 (Limited Multiple Family Dwelling) on 39.94
acres and to M-1 (Light Manufacturing) on 19.99
acres generally located northwest of Ashe Road and
McCutchen Road. (ZC 07-1135 -Dave Dmohowski)
(FR 05/07/08)
k. Adoption of Ordinance approving a Notice of
Exemption and amending Title 17 (Zone Map No.
103-19) of the Municipal Code by changing the
zoning from R-3 (Multiple Family Dwelling) to C-O
(Professional and Administrative Office) on 0.92
acre at the northeast corner of San Dimas Street
and 33~d Street.) (GPA/ZC 08-0151 -City). (FR
05/07/08)
Adoption of Ordinance amending Title 17 (Zone
Map No. 123-32) of the Municipal Code by changing
the zoning from A (Agriculture) to M-2 (General
Manufacturing) on 19.55 acres generally located at
the southwest corner of Gosford Road and
McCutchen Road. (ZC 07-1930 -Brent Dezember,
representing Structure Cast). (FR 05/07/08)
m. Adoption of Ordinance approving the Negative
Declaration and amending Title 17 (Zone Map No.
104-16) of the Municipal Code by changing the
zoning from R-1 (One Family Dwelling Residential)
to R-2/PUD (Limited Multi-Family Dwelling
Residential/Planned Unit Development) on
approximately 18 acres generally located northeast
of Highway 178 and Masterson Street. (ZC 07-2342
-Spring Hill Development). (FR 05/07/08)
Resolutions:
n. Delinquent Sewer Charges:
1. Resolution providing for the collection of
delinquent sewer charges by the Kern
County Tax Collector.
2. Resolution authorizing the Kern County Tax
Collector to establish two special accounts to
track collection of Plant #2 and Plant #3
delinquent sewer charges.
ACTION TAKEN
ORD 4512
ORD 4513
ORD 4514
ORD 4515
RES 082-08
RES 083-08
Bakersfield, California, June 11, 2008 -Page 4
4.
CONSENT CALENDAR continued ACTION TAKEN
o. Resolution voiding the negative declaration for the RES 084-08
amendments to Chapter 17.66 relating to HD -
Hillside Development Combining Zone of Title 17 of
the Municipal Code.
p. 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.
1. Area 2-38 (Akers, Alum NE) RES 085-08
2. Area 4-84 (Canyons #1) RES 086-08
q. Resolution determining that Bioxide, a proprietary RES 087-08
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 the budgeted amount of $700,000).
r. Purchase of Bomb Response Vehicle:
1. Resolution authorizing the Finance Director RES 088-08
to dispense with normal bidding procedures
and authorize the purchase of a bomb
response vehicle from Braun Northwest Inc.
(not to exceed $285,000).
2. Appropriate $141,355 seized asset revenues
to the Capital Improvement Budget within the
Supplemental Law Enforcement Fund for the
purchase of a bomb response vehicle.
Agreements:
Agreement with BH Investments, Inc. ($231,000) to AGR 08-090
purchase real property located on the east side of qGR 08-091
Mohawk Street south of Rosedale Highway and DEED 6869
north of the BNSF railroad for the Westside
Parkway.
Agreement with A & A Land Company, LLC to
purchase real property located on the east side of DELETED
Mohawk Street south of Rosedale Highway and
north of the BNSF railroad for Westside Parkway.
Bakersfield, California, June 11, 2008 -Page 5
4. CONSENT CALENDAR continued
ACTION TAKEN
u. Settlement Agreement with Tricor Energy, LLC
($4,093,400) for reimbursement of costs to relocate AGR 08-092
facilities being impacted by the Westside Parkway AGR 08-093
Project within the Fruitvale Oil Field, Red Ribbon
Ranch Lease located on both sides of Mohawk
Street south of Rosedale Highway and north of the
Kern River.
v. Agreement with Wilson & Associates (not to exceed AGR 08-094
$114,200) to provide continuing disclosure services
for various Special Assessment Districts.
w. Agreement with Bakersfield Brigade SMUF (20% of AGR 08-095
fees collected to be paid to the City) for
management services at Saunders Park Multi-
purpose Recreational Facility.
x. Agreement with SMG (not to exceed $50,000) to
reimburse costs associated with renting the AGR 08-096
Rabobank Arena for the Christian Congregation of
Jehovah's Witness' Conventions.
Agreements with the following engineering firms
(each not to exceed $300,000) for providing on-call
engineering and surveying services for non-federally
funded Capital Improvement Projects during the
remaining portion of Fiscal Year 2007-08 and all of
Fiscal Years 2008-09 and 2009-10.
1. Harris & Associates
2. Meyer Civil Engineering, Inc. AGR 08-097
3. Ruettgers & Schuler Civil Engineers AGR 08-098
AGR 08-099
z. Amendment No. 1 to Agreement 92-250 with
California Water Service Company to allow service AGR 92-250(1)
pipe replacement as capital expense, establish a
deductible to repair costs and adjust percentage for
engineering and inspection fees.
aa. Amendment No. 1 to Agreement 07-417 with AGR 07-417(1)
Michael M. Hogan, Law Firm of Hogan Guiney Dick
LLP, (not to exceed $115,000) to provide outside
legal services in the matters of DKS Investments,
LLC; and Canyons, LLC v. City.
bb. Amendment No. 1 to Agreement 07-197 with KSS
Systems, Inc. dba Kern Security Patrol ($70,000) AGR 07-197(1)
extending the term to June 19, 2009 for park
security services.
Bakersfield, California, June 11, 2008 -Page 6
4. CONSENT CALENDAR continued ACTION TAKEN
cc. Amendment No. 1 to Agreement 07-198 with Zim AGR 07-198(1)
Industries, Inc. dba Bakersfield Well and Pump
Company ($100,000) extending the term to June 19,
2009 for maintenance and repair of the Olcese
wells.
dd. Amendment No. 4 to Agreement 07-192 with Meyer AGR 07-192(4)
Civil Engineering, Inc. ($20,000; revised not to AB COUCH
exceed $199,390) for additional engineering and
construction administration services for Mill Creek -
Phase 1 (Central Park).
ee. Contract Change Order No. 1 to Agreement 07-403 AGR 07-403
with Parsam Construction, Inc. ($13,871.78; revised CCO 1
not to exceed $667,871.78) for the Olcese 1 & 2
Block Pump Houses Project located at the River
Canal at Nord Road.
ff. Contract Change Order No. 1 to Agreement 07-302 AGR 07-302
with Kiewit Pacific Corporation ($169,165; revised CCO 1
not to exceed $211,190,165) for the Wastewater
Treatment Plant #3 - 2007 Expansion.
Bids:
gg. Accept bid from Bakersfield Truck Center
($297,628.74) for one additional three (3) axle side-
loading automated refuse truck for the Public Works
Department Solid Waste Division.
hh. Accept bid from Valmont Industries, Inc.,
($127,584.60) for traffic signal poles.
ii. Accept bid and award annual contract to Gilliam and AGR 08-100
Sons, lnc., (not to exceed $2,500,000) for
earthmoving and hauling services.
jj. Accept bid and award annual contract to Pestmaster AGR 08-101
Services, Inc. ($91,723.80) for chemical application
for the Water Resources and Recreation and Parks
Departments.
kk. Roof Replacement at 1715 Chester Avenue,
Development Services Building:
1. Accept bid and award contract to Best AGR 08-102
Contracting Services, Inc., ($159,647) for
roof replacement.
Bakersfield, California, June 11, 2008 -Page 7
4. CONSENT CALENDAR continued ACTION TAKEN
2. Transfer $70,000 from Public Works Capital
Improvement Project (Roof Replacement) to
the Capital Improvement Project entitled
Replace Roof at Development Services
Building within the Capital Outlay Fund.
II. Accept bid and award contract to Kern Pacific AGR 08-103
Construction Company ($228,462.50) for installation
of metered turnouts on the Northwest Feeder
Pipeline Project.
Miscellaneous:
mm. Authorize the Finance Director to forward to a
collection agency, accounts receivable in various
funds totaling $147,943.77.
nn. Planning and Development Committee Report
regarding standards for subdivision walls along
freeways, arterial and collector streets.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and to his employer, on item 4.dd.
Motion by Vice-Mayor Hanson to approve Consent gppROVED
Calendar items 4.a. through 4.nn., with item t. deleted
and the removal of item 4.e. for separate consideration.
e. First Reading of Ordinance amending Section
2.28.030 of the Municipal Code relating to Planning
Commission -Creation -Members, incorporating
only the technical changes relating to dates for
future appointments of Planning Commissioners.
Motion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar item 4. e. NS WEIR
5. CLOSED SESSION
a. Conference with Legal Counsel -Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9. (One
issue)
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9.
(One issue)
Bakersfield, California, June 11, 2008 -Page 8
5. CLOSED SESSION continued
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:19 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:35 p.m.
RECONVENED MEETING approximately 6:47 p.m.
6.
7.
8.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
INVOCATION by Reverend Elizabeth Price, Acts of Worship
Ministries.
PLEDGE OF ALLEGIANCE by Garrett LaFavor, 5th Grade
Student, Lakeside School.
Mayor Hall recognized the Bakersfield College
government class in attendance at the meeting.
10.
CLOSED SESSION ACTION
a. Conference with Legal Counsel -Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9. (One
issue)
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One issue)
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Margaret Gallegos, Principal, Juliet Thorner
Elementary School, proclaiming June 11, 2008, as
Juliet Thorner Elementary School Day.
Mayor Hall was joined by Councilmember Weir for
this presentation.
Ms. Gallegos accepted the Proclamation and made
comments, and acknowledged students, staff and
friends in attendance at the meeting.
ACTION TAKEN
APPROVED
APPROVED
STAFF GIVEN
DIRECTION
THE MATTER
REMAINS OPEN
Bakersfield, California, June 11, 2008 -Page 9
10. PRESENTATIONS continued
Item 10.a. continued
Councilmember Weir made comments commending
the school's accomplishments.
b. Presentation by Mayor Hall of Proclamation
to Sung Lim Koo, International Relations Team
Chief, Bucheon City, South Korea, bestowing on
him the title of Honorary Citizen of Bakersfield.
Mayor Hall recognized Frank Tripicchio, member of
Sister Cities International Board of Directors, who
made comments on behalf of Patrick Benton,
Executive Director of Sister Cities International,
expressing appreciation to Mr. Koo.
Mayor Hall acknowledged friends of Mr. Koo and
Sister City Board of Directors and the Korean
American Association in attendance at the meeting.
Mr. Koo accepted the Proclamation and made
comments.
11. PUBLIC STATEMENTS
a. Fuchsia Ward asked Tom Johnson, a member of
the Kiwanis Club of South Bakersfield to join her at
the podium to make a presentation from the 12
Kiwanis clubs of Division 33 of California, Nevada,
Hawaii Kiwanis International to Mayor Hall with the
Kiwanis Club Distinguished Service Award.
Mayor Hall accepted the Award and made
comments.
b. Captain Martin Coronado spoke regarding the 422nd
Military Police Company Army Reserve Change of
Command Ceremony on June 22, 2008, at 1:00
p.m., and extended a personal invitation to the
Mayor and City Council.
c. Takvor Takvorian, David Tabb, Amy Richardson and
Angelo Haddad spoke regarding Westpark.
Councilmember Couch requested that Mr. Takvorian's
comments be referred to staff for a response.
ACTION TAKEN
Councilmember Carson responded to the comments made
regarding the meeting that Cal Trans had for the Westpark
residents.
Bakersfield, California, June 11, 2008 -Page 10
11.
PUBLIC STATEMENTS continued
ACTION TAKEN
12.
13.
d. Scott Dragoun, Mercedes Noonan and Richard
Thompson spoke regarding the Fill the Boot
Fundraiser for Muscular Dystrophy, and Ms. Noonan
provided books to the Mayor and City Council.
APPOINTMENTS
None.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution to revise the
Countywide Siting Element of Kern County and
Incorporated Cities Integrated Waste Management
Plan.
b. Public Hearing to consider Resolution adopting
proposed sewer rate increase (14.8%) for Fiscal
Year 2008-09.
c. Public Hearing to consider Resolution
adopting proposed residential refuse rate increase
(3.9%) for Fiscal Year 2008-09.
d. Public Hearing to consider Resolution adopting
proposed commercial refuse rate increase (3.9%)
for Fiscal Year 2008-09.
e. Public Hearing to consider Resolution increasing the
domestic water quantity rate for Ashe, Fairhaven
and Riverlakes Ranch service areas of the City's
Water System.
Protest Hearing to consider Resolution approving
and adopting the Public Works Director's report for
the Consolidated Maintenance District and the
2008-2009 Budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
g. Protest Hearing to consider Resolution approving
and adopting the Pubic Works Director's report for
the Consolidated Maintenance District and the
2008-2009 Budget, confirming the street
landscaping assessments and authorizing collection
of assessments by the Kern County Tax Collector.
RES 089-08
REMOVED FOR
SEPARATE
CONSIDERATION
RES 090-08
RES 091-08
RES 092-08
RES 093-08
RES 094-08
Bakersfield, California, June 11, 2008 -Page 11
13. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
h. Protest Hearing to consider Resolution approving RES 095-08
and adopting the Public Works Director's report for
12 Traffic Signal Maintenance Districts and the
2008-2009 Budgets, confirming the assessments
and authorizing collection of assessments by the
Kern County Tax Collector.
City Clerk McCarthy announced correspondence
was received from ten citizens in opposition to the
sewer and refuse rate increases regarding items
13.b. and 13.c.
Consent Calendar Hearings opened at 7:36 p.m.
Robert Castro requested item 13.b. be removed for
separate consideration.
Mayor Hall announced the removal of item 13.b. for
separate consideration.
Hearings closed at 7:37 p.m.
Motion by Vice-Mayor Hanson to approve items 13.a. APPROVED
through 13.h, with item 13.b. removed for separate
consideration.
14. HEARINGS
a. Public Hearing for the Fiscal Year 2008-09
Operating, Bakersfield Redevelopment Agency and
Capital Improvement Program Budgets.
Assistant City Manager Stinson made staff
comments and recommended hearing public
testimony, with the final adoption of the budget
scheduled to come back to the City Council for
consideration on June 25, 2008.
Hearing opened at 7:41 p.m.
No one spoke.
Hearing closed at 7:41 p.m.
Mayor Hall announced this item will return to the
City Council for action at the June 25, 2008 Council
Meeting.
Bakersfield, California, June 11, 2008 -Page 12
13.
CONSENT CALENDAR HEARINGS ACTION TAKEN
b. Public Hearing to consider Resolution adopting RES 096-08
proposed sewer rate increase (14.8%) for Fiscal
Year 2008-09.
Hearing opened at 7:42 p.m.
Robert Castro spoke in opposition to the rate
increase.
City Clerk McCarthy provided clarification on this
item and that the record will reflect that Mr. Castro
was referencing the refuse rates and not the sewer
rates.
Hearing closed at 7:45 p.m.
15.
16.
Motion by Vice-Mayor Hanson to approve item 13.b. APPROVED
REPORTS
None.
DEFERRED BUSINESS
a. Proposed Quiet Zone on the Burlington Northern
Santa Fe (BNSF) railroad Mojave Corridor from L
Street to Sumner Street.
City Manager Tandy gave overviews of alternates x,
y, and z.
Public Works Director Rojas made a computer
presentation.
Councilmember Benham announced that she will be
recommending alternate "z".
11. PUBLIC STATEMENTS continued
d. Rose Long, Dean Gardner, Ruth Gardner and Evon
Nichols, spoke in support of alternate "z".
e. Ernest Raft, Betty Giuffre, Phillip Barney and Doris
Warnell spoke in opposition to the train horn noise.
Councilmember Couch suggested asking for
assistance from the League of California Cities with a
comprehensive statewide plan.
Motion by Councilmember Benham to submit a detailed APPROVED
plan by June 24, 2008, recommending alternative "z".
Bakersfield, California, June 11, 2008 -Page 13
17.
18.
NEW BUSINESS ACTION TAKEN
None.
Recess taken from 9:03 p.m. to 9:13 p.m.
COUNCIL AND MAYOR STATEMENTS
Councilmember Couch turned in referrals and asked
staff to contact him.
Councilmember Couch asked staff to look into the
issue of the placement of The Californian newspaper
dispensing machines and suggest they be located by
the bank of mail boxes located in most communities as
a recommended location.
Councilmember Scrivner referred a letter from the HBA
regarding traffic impact fees to staff for comment and
answers to the questions.
Councilmember Benham referred a suggestion from
the Metropolitan Recycling Corporation fo staff to
include comments on their proposal for a July City
Council Meeting.
Councilmember Benham requested staff contact a
constituent who has applied for the garbage rebate as a
senior and provide him assistance in completing the
form.
Councilmember Benham requested staff look at
correspondence from Senator Boxer regarding federal
funding for transportation to determine if the City of
Bakersfield is eligible for any funding.
Councilmember Benham referred two items of
correspondence on which she would like staff's
assistance.
Vice-Mayor Hanson asked staff to respond to a referral
from Peter Bacon.
Motion by Vice-Mayor Hanson to close item 5.b. of APPROVED
Closed Session. ABS CARSON
Councilmember Sullivan recommended looking into the
issue of spaying and neutering the pet population and
would like the City Council to make a decision, then
make a recommendation to the County.
Bakersfield, California, June 11, 2008 -Page 14
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall congratulated Steve Hollingsworth on his
promotion to Public Works Operations Manager.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:20 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield