HomeMy WebLinkAbout10/08/08_CC_AGENDA_PACKET`~`~ BAKERSFIELD CITY COUNCIL
° AGENDA
''~` .:~~~~~ MEETING OF OCTOBER 8, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
(5 min.)
(10 min.)
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. WORKSHOPS
a. Update on the Wastewater Treatment Plant 3 Expansion and Upgrade Construction Project
(Staff presentation by Raul Rojas, Public Works Director)
b. Overview of the "Life Interrupted" Program (Staff presentation by Chief Rector, Police
Department) (Council will recess to view "Life Interrupted" vehicle.)
4. CLOSED SESSION
a.. Conference with Legal Counsel -Potential Litigation; Initiation of litigation pursuant to
subdivision (c) of Government Code Section 54956.9. (One potential case)
RECONVENED MEETING -approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Pam Fine -Wesley United Methodist Church.
7. PLEDGE OF ALLEGIANCE by Haley Witt, 7"' grade - St. Francis School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation of the Helen Putnam Award in the category of Public Safety by Hilary Baird,
League of California Cities, to the Police Department for the "Life Interrupted" Program.
b. Presentation by Mayor Hall of Proclamation to Paula Mande, proclaiming October 2008 as
"White Cane Awareness Month" in Bakersfield.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 17, 2008 Regular City Council Meeting.
Payments:
b. Approval of department payments from September 5, 2008 to September 25, 2008 in the
amount of $30,537,549.78 and self-insurance payments from September 5, 2008 to
September 25, 2008 in the amount of $360,558.85
12. CONSENT CALENDAR continued
Ordinances:
(Ward 1,4,5, c. First Reading of Ordinance amending Sections §1.12.010, §1.12.040, § 1.12.050, §1.12.060
s & >> and §1.12.070 by adding Annexation No. 551 consisting of 0.85 acres located on the east
side of Cottonwood Road, north of Pacheco Road to Ward 1; Annexation 491 consisting of
40.28 acres located north of Snow Road, between Calloway Road and Allen Road to Ward
4, Annexation No. 602 consisting of 1.7 acres, located on the north side of Taft Highway and
west of Gosford Road to Ward 5, Annexation No. 525 consisting of 32.54 acres located at
the southeast corner of Taft Highway and Ashe Road and Annexation No. 576 consisting of
26.11 acres located at the southwest corner of Ashe Road and Taft Highway to Ward 6; and
Annexation No. 570, consisting of 21,071 square feet located on Southgate Drive, between
South "H" and South Union Avenue to Ward 7.
d. First Reading of the following Ordinances:
Ordinance amending Sections 1.17.030 and 1.17.040 relating to elections.
2. Ordinance amending Section 2.76.130 relating to resolution of impasses.
3. Ordinance amending Section 3.40.070 relating to records retention.
4. Ordinance amending Sections 10.24.010 and 10.24.020 relating to speed zones.
5. Ordinance amending Section 10.44.060 relating to truck routes.
6. Ordinance amending Section 10.48.010 relating to crosswalks.
7. Ordinance amending Sections 14.12.030 Subsection Y.2, 14.12.080 Subsection F,
14.12.220 Subsection B.22 and 14.12.390 Subsection B relating to sewers.
9. Ordinance amending Section 17.52.020 Subsection B and 17.54.020 Subsection B
relating to zoning.
10. Ordinance amending Section 17.60.060 Subsections B.6 and B.8 relating to sign
development standards.
e. First Reading of Ordinance amending Section 15.09.060 relating to sewers required.
(Ward 4) f. Adoption of Ordinance amending Section 17.06.020 (Zone Map No. 122-12) of the
Municipal Code by changing the zoning from P.U.D. (Planned Unit Development) to R-
1/P.U.D. (One Family Dwelling/Planned Unit Development) on 93.55 acres located at the
northeast corner of White Lane and South Allen Road (ZC 08-0594 -McIntosh and
Associates representing Castle and Cooke Development). (FR os~~ro8)
g. Adoption of Ordinance Amending Chapter 15.84 of the Bakersfield Municipal Code Relating
to a Transportation Impact Fee on new development. (FR oa/~~ros)
Resolutions:
h. Resolution adopting an amended Conflict of Interest Code for City departments.
2 City Council Meeting of 10/08/2008
12. CONSENT CALENDAR continued
(Ward 2) i. Purchase of Slide Gates & Operators for Mill Creek Linear Park Project Phases 4 & 5
1. Resolution determining that slide gates & operators for the project cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $170,000.
2. Agreement with Waterman Industries, ($169,575.12) for the purchase of slide
gates & operators.
j. Resolution amending the official list of designated speed zones, pursuant to Sections 22357
and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code.
(Ward 1, s & ~) k. 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 5-53 (Redbank, Glebe SW)
2. Area 5-54 (S Fairfax, Redbank SE)
3. Area 4-87 (Chester Avenue E. between 36th & 38th)
4. Area 3-80 (Panama, Gosford SW)
5. Area 5-55 (Panama, Cottonwood SE)
6. Area 5-56 (8601 S. "H" Street)
7. Area 5-57 (Massey, E. Pacheco)
(Ward 1 & 4) I. Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the city identified as:
Annexation No. 596 consisting of 50.12 acres located at the southwest corner of
Washington Street and Belle Terrace.
2. Annexation No. 598 consisting of 30.26 acres located on the north side of
Washington Street, north of Casa Loma Drive.
3. Annexation No. 603 consisting of 77.31 acres located on the south side of Seventh
Standard Road, on the east and west side of Verdugo Lane.
(Ward 2) m. Amendment No. 1 to Resolution No. 076-08 establishing the South Mill Creek Underground
Utility District, District 2, Division 32.
n. Amendment No. 1 to Resolution No. 170-94 approving the destruction of certain obsolete city
records, documents, instructions, books and papers, pursuant to Section 34090 et. seq. of
the Government Code -City Clerk's Office.
3 City Council Meeting of 10/08/2008
12. CONSENT CALENDAR continued
Agreements:
o. 2009 Health Care Contracts
1. Agreement with Anthem Blue Cross for Indemnity Health and Dental Services
2. Agreement with Anthem Blue Cross HMO for medical services for active employees
and retirees.
3. Agreement with Anthem Senior Secure for the Medicare Risk Plan -Senior Secure
for retirees.
4. Amendment No. 4 to Agreement No. 05-417 with Kaiser Permanente -Managed
Care Health Plans for medical services for employees.
5. Amendment No. 4 to Agreement No. 05-418 with Kaiser Permanente -Managed
Care Health Plans for medical services for retirees.
6. Amendment No. 3 Agreement No. 05-419 with Medical with Medical Eye Services
(MES) for vision services.
7. Amendment No. 3 to Agreement No. 05-420 with Pacific Union Dental for pre-paid
dental services.
8. Amendment No. 3 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for
pre-paid dental services.
9. Amendment No. 3 to Agreement No. 05-422 with PacifiCare Behavioral Health of
California for Employee Assistance Program (EAP).
10. Amendment No. 3 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for emotional health care service.
11. Amendment No. 2 to Agreement No. 06-337 Independent Contractors Agreement
with Fort Dearborn Life Insurance Company for employee life insurance.
12. Amendment No. 1 to Agreement No. 08-019 Independent Contractors Agreement
with HealthComp, Inc. for any employee un-reimbursed medical expenses and
dependent care expenses under the IRS Section 125.
(Ward 3) p. Right Turn Channelization on Mt. Vernon at State Route 178:
1. Agreement with Pacific Gas & Electric (PG&E) (not to exceed $84,000) for the
relocation of an existing underground transformer.
2. Appropriate $84,000 Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget.
(Ward 2) q. Agreement with Bakersfield Redevelopment Agency ($50,000) to purchase property located
east of P/Q Streets and south of the B.N.S.F. railroad tracks for an easement on the 1.95
acre linear parcel shall be retained by the City.
4 City Council Meeting of 10/08/2008
12. CONSENT CALENDAR continued
City Physician Services' Agreements:
Agreement with Central Valley Occupational Medical Group, Inc. (not to exceed
$100,000 annually).
2. Agreement with Vernon C. Sorenson, M.D. dba Memorial Occupational Medicine (not
to exceed $100,000 annually).
s. Agreement with Kern Regional Foundation (not to exceed $500,000) of Home Investment
Partnership Funds (HOME) to be used to assist low income special needs families with
home ownership at 609 Taylor Street.
(Ward 1) t. Agreement with County of Kern and Bakersfield Association of Retarded Citizens (BARC) for
$300,000 of Community Development Block Grant funds to construct an Industrial Training
Facility at 2240 South Union Avenue.
(Ward 4) u. Settlement Agreement with Sunray Petroleum, Inc. ($2,088,000.00) for the reimbursement of
costs to relocate facilities being impacted by the Westside Parkway Project within the
Fruitvale Oil Field, Red Ribbon Ranch Lease located west of Mohawk Street south of
Rosedale Highway and north of the Kern River.
(Ward 4) v. Agreements to purchase real property located on the east side of Mohawk Street south of
the BNSF railroad for the Westside Parkway:
Robin C. Leonard, Trustee of the Leonhard Exemption Trust created U/D!T dated
January 9, 1990 for $150,270.09
2. Patricia Burns Gebhardt for $5,574.93
(Ward 1) w. Assignment and Assumption for Agreement No. 97-109 and Amendments from Restoration
Community Project, Inc. to Bethany Services Inc. for the provision of transitional housing
services at 721 & 725 8th Street.
(Ward 4) x. Amending Agreement No. PW 08-094 with M.H. Wolf & Associates Environment Consulting
Inc. ($37,899.00; total not to exceed $77,643.00) for biological consulting on the Allen Road
Bridge.
y. Amendment No. 1 to Agreement No. 76-61 with Kern-Tulare Water District and Agreement
No. 76-63 with Rag Gulch Water District to consent to Assignment and Consolidation of
Agricultural Water Contracts.
z. Amendment No. 1 to Agreement No. 07-367 with Ennis Paint, Incorporated ($110,000
revised not to exceed $220,000) and extending the term to October 9, 2009 for the annual
contract for traffic paint.
(Ward 2) aa. Amendment No. 2 to Agreement No. 06-324 with RM Industries ($80,000; not to exceed
$240,000) extending the term for one year and for janitorial and hardscape maintenance for
the Amtrak Station.
(Ward 2) bb. Amendment No. 3 to Agreement No. 04-003 to assign interest from Maya Cinemas North
America, Inc. to Maya Bakersfield, LLC and to incorporate anon-exclusive easement to the
City and public in general for ingress and egress over portions of the Maya Cinema complex
main access drives.
5 City Council Meeting of 10/08/2008
12. CONSENT CALENDAR continued
(Ward 2) cc. Amendment No. 1 to Agreement No. 08-130 with Soils Engineering, Inc. ($17,352; not to
exceed $890,472) to clean-up City owned property at 1433 Union Avenue (former Navy Oil
site).
(Ward 6) dd. Wastewater Treatment Plant #3 - 2007 Expansion Project:
Contract Change Order No. 2 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($335,852; revised not to exceed $211,526,017.00).
2. Transfer $505,017 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
(Wards 4 & 6) ee. Contract Change Order No. 2 to Contract No. 07-402 with Parsam Construction, Inc.
($80,237.77; revised total not to exceed $840,822,51) for the project known as CBK-47 &
49 Block Pump Houses, in the vicinity of Pensinger Road & Buena Vista Road and Panama
Lane & Progress Road.
(Ward 2) ff. Contract Change Order No. 3 to Agreement No. 08-039 with V Lopez and Sons, Inc.
($18,154.55; revised total not to exceed $840,922.95) for Streetscape and Storm Drain
Improvements - 19th Street at Eye Street Project.
Bids:
gg. Accept bid from Jim Burke Ford ($89,226.98) for one (1) replacement 19,000
GVW service truck for Water Resources Department.
hh. Accept bid from Jim Burke Ford (total $94,575.73) for three (3) replacement four-door
police special sedans ($71,215.74) and one (1) replacement four-door police special
administration sedan ($23,359.99) for the Police Department.
ii. Accept bid from Gibbs International, Inc. ($613,175.63) for three (3) replacement sewer
cleaner jet rodder trucks for the Streets Division.
Accept bid and award contract to Carvalho Construction, Inc. ($549,999) for the Park at
River Walk Maintenance Facility.
(Ward 4) kk. Traffic Signal and Lighting System Installation at the Intersection of Brimhall Road and
Verdugo Lane:
Accept bid and award contract to Woeste Electric ($134,256.95) for project.
2. Appropriate $15,000 Transportation Development Fund balance to the Public Works
Department's Capital Improvement Budget.
(Ward 4) II. Reject all bids for the Bakersfield Liquefied Natural Gas (LNG/Compressed Natural Gas
(CNG) Fueling Facility Project.
g City Council Meeting of 10/08/2008
12. CONSENT CALENDAR continued
Miscellaneous:
mm. Department of Housing & Urban Development (HUD), HOME Investment Partnership Action
Plan Amendment No. 5 (FY 07/08).
(Ward 3) nn. Ditch Eradication and Pipeline Easement with R & L Carter Properties, LLC Robert Kevin
Witcher and Caryl Ann Witcher, Trustees of the Witcher Family Trust for property located
west of Patton Way and north of Meany Avenue.
Staff recommends adoption of Consent Calendar items a through nn.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
Alan Tandy v
City Manager
10/02/08 2:40 pm
7 City Council Meeting of 10/08/2008
AGENDA HIGHLIGHTS
OCTOBER 8, 2008 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
WORKSHOPS
The Public Works Director will provide a presentation on the status of the Wastewater Treatment Plant
No.3 Expansion project. In addition, the Police Chief will also be providing an overview of the "Life
Interrupted" program.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation.
CONTINUATION OF REGULAR MEETING -approximately 6:30 p.m.
CONSENT CALENDAR
Ordinances
Item 12d. First Reading of Ordinances. The requested changes to the Municipal Code are minor in
nature. They are designed to make a section read better, to reflect current practice or to correct
typographical errors.
Item 12e. First Reading of Ordinance Amending the Municipal Code Relating to Sewer Required The
Municipal Code adopts the Uniform Plumbing Code. However, the City can and does allow for certain
exceptions to the Plumbing Code. This ordinance provides for minor modifications to sections of the
Plumbing Code so they read more clearly. In addition, staff is proposing to memorialize in writing, by use
of this ordinance, historic City policy regarding connection to the public sewer upon annexation.
Resolutions
Item 12i.
in the amount of $169.575.12. Work directly_involving the canal portion of the Mill Creek Project, such as
the installation of prefabricated slide gates & operators, can only be conducted during a specific period of
time each year when the canal is shut down for regular maintenance. Given these circumstances, it is
increasingly difficult to find suppliers that can meet these specified delivery dates. After contacting
several suppliers, staff was able to negotiate a price and guaranteed delivery date with Waterman
Industries that met the requirements for this project.
Item 12m. Amendment No 1 to Resolution No 076-08 Estabiisningtne 5outn nnm c:reeK unaerarouna
Utility District. District 2. Division 32. On May 21, 2008 the -City Council adopted a Resolution which
established the South Mill Creek Underground Utility District. This amendment will add two paragraphs
to the resolution which were inadvertently omitted in the original resolution but were .included in the
Resolution of Intent establishing the boundaries for the district.
Agreements
Item 120. 2009 Health Care Contracts. The health insurance contracts are up for renewal for the plan
year of 2009. The health care consultants, The Segal Company worked diligently with the established
health care vendors to arrive at the most favorable renewal rates. The Personnel Committee reviewed
the 2009 proposed rates and the current structure of the health care plans. In addition, the .Insurance
Committee has agreed with the City's recommendation and approved the 2009 rates with no proposed
changes to the current plan structures.
Item 12r. CitX Physician Services Agreements. The City utilizes contract physicians for a range of
services including: pre-employment physicals, HAZMAT physicals, fitness for duty exams and drug and
alcohol testing. Following an evaluation process of the proposals submitted to the City, two providers
were selected based upon specific evaluation criteria. The first agreement is with Central Valley
Occupational Medical Group, Inc. and the second agreement is with Vernon C. Sorenson, M.D. d/b/a
Memorial Occupational Medicine. Each agreement is for a three (3) year period and in an amount not to
exceed $100,000 annually.
Item 12s. Agreement with Kern Regional Foundation (KRF) for a Loan, in an amount not to exceed
X500 000 of Home Investment Partnership Funds (HOME) to Assist Low Income Special Needs
Families with Home Ownership at 609 Taylor Street. KRF is anon-profit organization that provides
housing assistance, employment training and other services to special needs families. These funds will
assist 13 eligible low income families with the purchase of condominiums that include amenities for
special needs families. The loan is for a period of 30 years and is interest free. EDCD will monitor the
project and certify the eligibility requirements of the homebuyers.
Item 12t. Aareement with County of Kern and Bakersfield Association of Retarded Citizens (BARC) for
$300 000 of Community Development Block Grant (CDBG) Funds to Construct an Industrial Trairnna
Facility at 2240 South Union Avenue. In May of 2007, the City Council approved $300,000 m CDBG
funds for the BARC Industrial Training Facility. The County of Kern will also be contributing $300,000 in
CDBG funds for this project. The project will expand BARC services and provide job training
opportunities for individuals who are unemployed, underemployed or developmentally disabled.
Item 12u. and 12v. Agreements Related to the Westside Parkway. The first item is a Settlement
Agreement with Sunray Petroleum, Inc. in the amount of $2,088,000. Sunray Petroleum will be
reimbursed for removing, relocating and reconstructing certain oil wells, pumps, power lines and other
equipment related to their operation.
The second item involves Agreements with Robin C. Leonard, Trustee of the Leonard Exemption Trust
and Patricia Burns Gebhardt in the amount of $150,270.09 and $5,574.93, respectively. The. purpose is
to purchase property located on the east side of Mohawk Street, south of BNSF railroad.
Item 12cc. Amendment No 1 to Aareement No 08-130 with Soils Engineering. Inc to Clean uo City
Owned Proaertv at 1433 Union Avenue, the Former Navy Oil Site. On July 30, 2008, the City Council
approved an agreement with Soils Engineering, Inc. to clean up the contaminated site at 1433 Union
Avenue in an amount not to exceed $890,472. Funding for this agreement comes from a grant from the
State Water Resources Board. Due to unforeseen events, the costs for the clean up have increased,
thus necessitating an amendment to the agreement in the amount of $17,352.
Item 12dd. Wastewater Treatment Plant #3 - 2007 Expansion Project. Due to unanticipated site
conditions and required design revisions, for various reasons, a second contract change order to the
original agreement (No. 07-302 with Kiewit Pacific Corporation) is requested for $335,852 (not to
exceed the total contract agreement of $211,526,017.00). A contingency fund was established for this
project, but requires Council action for use. Staff is also recommending the transfer of $505,017 in
contingency funds to the Public Works Department's Capital Improvement Budget to cover the
combined cost increases of the two change orders to date.
Agenda Highlights -October 8, 2008 Council Meeting
Page 2
Bids
rodder trucks in the Streets Division. The vehicles have a 10 year life expectancy and wil
use for 12 or 13 years by the time they are replaced. 5 bids were received and 4
acceptable. Staff recommends awarding the contract to Gibbs International.
Iver cleaner jet
I have been in
of them were
Item i2jj. Award Contract to Carvalho Construction, Inc._ for I ne F'artc at rsiver waiK nnain><enance
Facility in the amount of $549.999. This project includes the construction of a maintenance facility
located in the Park at River Walk. The facility will include an office, restroom, storage room and
covered/gated storage for equipment. The facility will be used by Recreation and Parks as a staging area
for major events at the park as well as for a landscape and maintenance facility, which will service the
Park at River Walk and other adjacent neighborhood parks. 7 bids were received all of which were
acceptable. Staff recommends awarding the contract to Carvalho Construction.
Approved:
Rhonda Smiley, Assistant to the City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights -October 8, 2008 Council Meeting
Page 3
MEETING DATE: October 8, 2008 AGENDA SECTION: Workshop
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 2, 2008
PROVED
;~;.
DEPARTMENT HEAD !~ '``°°---~
CITY ATTORNEY per.
CITY MANAGER N~
SUBJECT: Update on the Wastewater Treatment Plant 3 Expansion and Upgrade
Construction Project.
BACKGROUND: Staff will present a brief presentation on the construction progress to date for
the Wastewater Treatment Plant 3 expansion and upgrade project.
ac wastewater division -10/2/2008 4:17:07 PM
G:\GROUPDATVIDMINRP712008\10-08\Wastewater Treatment Plant 3 construction update workshop.doc
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MEETING DATE: October 8, 2008 AGENDA SECTION: Workshops
ITEM: ~ , 1D,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
W. R. Rector, Chief of Police
September 30, 2008
Overview of the "Life Interrupted" Program by the Bakersfield Police Department
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~~~
CITY MANAGER ~w
RECOMMENDATION:
BACKGROUND:
The "Life Interrupted" program was created in 2002 by the Police Department to better educate local teen
drivers about taking personal responsibility and making wise choices to prevent alcohol and unsafe driving
related car crashes. "A Life Interrupted" features. amulti-media presentation which includes actual,
sometimes graphic, collision scene photos, as well as original 911 recordings. Each presentation features
one or more parents of a victim killed in a collision to relate the personal impact on the parent and the
family.
In 2005, the mothers of two young men killed by drunk drivers formed the 501(c)(3) non-profit organization
"A Life Interrupted" to support the efforts of the program and to ensure it continues to be active and
available in our community.
Along with the assistance of the local media and the Kern High School District, "A Life Interrupted" has
been presented in every local high school in the county. By the end of 2008, the program will have been
presented more than 300 times and will have reached more than 150,000 people in our community.
September 30, 2008, 4:06PM
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ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2008 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: September 23, 2008 CITY ATTORNEY
APPROVED
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CITY MANAGER
SUBJECT: Conference with Legal Counsel -Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9
One (1) potential case.
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MEETING DATE: October 8, 2008 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: September 30, 2008
APPRQVED
DEPARTMENT HEAD
CITY ATTORNEY v~
CITY MANAGER
SUBJECT: Presentation of the Helen Putnam Award in the Category of Public Safety by Hilary Baird,
League of California Cities, to the Bakersfield Police Department for the "Life Interrupted"
Program
RECOMMENDATION:
BACKGROUND:
Established in 1982 by the League of California Cities, the California Cities Helen Putnam Award for
Excellence program recognizes outstanding achievements by California's 478 cities. The purpose of the
program is to recognize and promote the outstanding efforts and innovative solutions by city governments
to:
Improve the quality of life in local communities
• Implement efficiencies in service delivery and operations, and
• Provide services responsive to the local community
The Bakersfield Police Department is the recipient of the 2008 Helen Putnam Award in the Category of
Public Safety for the "Life Interrupted" Program. In addition to this official presentation at the City Council
meeting, the award was announced at the League's Annual Conference in Long Beach, and will be
recognized in the League's Western City Magazine and on their website.
September 30, 2008, 4:OOPM
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MEETING DATE: October 8, 2008 AGENDA SECTION: Presentations
ITEM: ~ ~ .
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: September 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Paula Mande, proclaiming October 2008 as
"White Cane Awareness Month" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ a , ~,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
September 25, 2008
CITY MANAGER ~S
Approval of minutes of the September 17, 2008 Regular Council Meeting.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /~
DATE: September 26, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from September 5, 2008 to September 25, 2008 in the
amount of $30,537,549.78 and Self Insurance payments from September 5, 2008 to
September 25, 2008 in the amount of $360,558.85.
RECOMMENDATION:
Staff recommends approval of payments totaling $30,898,108.63.
BACKGROUND:
RAR
September 25, 2008, 3:34PM
S:\RichardW PWDMIN-AP.doc
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: September 12, 2008 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010,
§1.12.040, §1.12.050, §1.12.060 and §1.12.070 by adding Annexation No. 551
consisting of 0.85 acres, located on the east side of Cottonwood Road, north of Pacheco
Road to Ward 1, Annexation 491 consisting of 40.28 acres, located north of Snow
Road, between Calloway Road and Allen Road to Ward 4, Annexation No. 602
consisting of 1.7 acres, located on the north side of Taft Highway and west of Gosford
Road to Ward 5, Annexation Nos. 525 consisting of 32.54 acres, located at the
southeast comer of Taft Highway and Ashe Road and Annexation No. 576 consisting of
26.11 acres, located at the southwest corner of Ashe Road and Taft Highway to Ward 6
and Annexation No. 570, consisting of 21,071 square feet, located on Southgate Drive,
between South H and South Union Avenue to Ward 7. (Wards 1, 4, 5, 6 & 7)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 551, 491, 602, 525, 576 and
570 into corresponding Council wards. These annexations were recently approved by LAFCO.
Annexation No. 551 is located on the east side of Cottonwood Road, north of Pacheco Road. The
annexation territory consists of 0.85 acres. The property owners requested annexation to receive
city services.
Annexation No. 491 is located north of Snow Road, between Calloway Road and Allen Road. The
annexation territory consists of 40.28 acres. The property owner is proposing estate residential and
commercial development for the project site. The property owner requested annexation for
development purposes and to receive city services.
Annexation No. 602 is on the north side of Taft Highway and west of Gosford Road. The annexation
territory consists of 1.7 acres. The property owner requested annexation for development purposes and
to receive city services.
Annexation No. 525 is located at the southeast corner of Taft Highway and Ashe Road. The
annexation territory consists of 32.54 acres. The property owner is proposing multi-family residential
ADMINISTRATIVE REPORT
Page 2
development on the project site. The property owner requested annexation for development
purposes and to receive city services.
Annexation No. 576 is located at the southeast corner of Taft Highway and Ashe Road. The
annexation territory consists of 26.11 acres. The property owner is proposing multi-family residential
development on the project site. The property owner requested annexation for development
purposes and to receive city services.
Annexation No. 570 is located on Southgate Drive, between South H and South Union Avenue. The
annexation territory consists of 21,071 acres. The property owner requested annexation for
development purposes and to receive city services.
S:Wnnexatlon\Ordinances\2008\Admin Draft 10-8-08 551,491,602,525,576 8 570 .DOC
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MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 2, 2008
APPROVED
DEPARTMENT HEAD ~~ F°r ~G'
CITY ATTORNEY ~0~
CITY MANAGER
1. First Reading of Ordinance Amending Sections 1.17.020, 1.17.030 and 1.17.040
Relating to Elections.
2. First Reading of Ordinance Amending Section 2.76.130 Relating to Resolution of
Impasses.
3. First Reading of Ordinance Amending Section 3.40.070 Relating to Records Retention.
4. First Reading of Ordinance Amending Sections 10.24.010 and 10.24.020 Relating to
Speed Zones.
5. First Reading of Ordinance Amending Section 10.44.060 Relating to Truck Routes.
6. First Reading of Ordinance Amending Section 10.48.010 Relating to Crosswalks.
7. First Reading of Ordinance Amending Sections 14.12.030 Subsection Y.2, 14.12.080
Subsection F, 14.12.220 Subsection B.22, and 14.12.390 Subsection B Relating to
Sewers.
8. First Reading of Ordinance Amending Section 17.52.020 Subsection B and 17.54.020
Subsection B Relating to Zoning.
9. First Reading of Ordinance Amending Section 17.60.060 Subections B.6 and B.8
Relating to Sign Development Standards.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
BACKGROUND:
About once a year, various Departments throughout the City request changes to the Bakersfield
Municipal Code that are minor in nature. Generally, the changes are being sought to make a section read
better or to reflect current practice or correct typographical errors.
This year, the following is a list of ordinances that are being recommended by Staff for changes:
1. BMC Sections 1.17.020, 1.17.030 and 1.17.040. The amendment to Section 1.17.020
adds annexation elections to subjects approved for all-mail elections. The statewide election language
was repealed and Elections Code Section 1500 sets out the established dates; therefore, BMC Section
1.17.030 was amended to read accordingly. Section 1.17.040 was amended to refer to the Elections
Code in general as Elections Code Section 4100 does not outline the procedures, and section 4000(c)(9)
was deleted in the Elections Code.
2. BMC Section 2.76.130. This amendment corrects a reference to subsection 16 (instead of
15) of BMC Section 2.76.030.
October 2, 2008, 12:22PM
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3. BMC Section 3.40.070. This amendment requires that people liable for collection and
payment of taxes imposed by the City to retain their tax records for three years (in contrast to two years),
which is consistent with State law.
4. BMC Sections 10.24.010 and 10.24.020. The California State Legislature revised the
California Vehicle Code effective January 1, 1997 to set the maximum speed limit at 65 mph on a two-lane
divided highway and 55 mph on a two-lane, undivided highway. This amendment brings the municipal
code into compliance with the Vehicle Code.
5. BMC Section 10.44.060. This amendment includes miscellaneous revisions to update
street names and add additional streets.
6. BMC Section 10.48.010. The original wording of the ordinance may have given the wrong
message regarding establishing crosswalks and it is probably from a past notion of many years ago when
most people thought a crosswalk marking made the crossing somehow "safe" and the pedestrian did not
have to take as much caution, etc. A marking on the road does not "magically" protect the pedestrian.
Therefore, the words "particular hazard to pedestrians crossing the roadway" has been deleted from this
section and the change "need to direct and guide pedestrians to a location to cross the roadway" has been
incorporated.
7. BMC Sections 14.12.030 Subsection Y.2, 14.12.080 Subsection F, 14.12.220 Subsection
6.22, and 14.12.390 Subsection B. These minor amendments include changing section numbers referred
to in certain paragraphs, increasing the number of days to file reports, and changing the vernacular from
zero to "non-detect" on discharge tests.
8. BMC Section 17.52.020 Subsection B and 17.54.020 Subsection B. This change removes
an inconsistency with subsections A in both chapters, which already addresses uses within the combining
zone.
9. BMC Section 17.60.060 Subsections B.6 and B.8. Section 17.60.060 Subsection B.6.b is
deleted in its entirety as the referenced section no longer exists. Section 17.60.060 Subsection. 6.8 will
add Subsection c as this is something the City already does.
JHR:dII/Isc
October 2, 2008, 12:22PM
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ADMINISTRATIVE REPORT
c9~,
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1;~. , e .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: October 2, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: First Reading of Ordinance Amending Section 15.09.060 Relating to Sewers Required.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendment.
BACKGROUND:
Our Bakersfield Municipal Code adopts the Uniform Plumbing Code. However, the City can and
does allow for certain exceptions to the Plumbing Code. The attached sections are exceptions to the
Plumbing Code and have been modified so they read more clearly. In addition, in light of the recent
discussions concerning connection to the public sewer upon annexation, Staff is proposing to memorialize
in writing, by way of this ordinance, what has always been City policy.
VG:Isc
October 2, 2008, 10:54AM
S:\COUNC ILWdmins\08-09 Admins\SewersRequired.doc
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: September 18, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving and amending Section 17.06.020 (Zone Map No.
122-12) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from P.U.D. (Planned Unit Development) to R-1/P.U.D. (One Family Dwelling/ Planned
Unit Development) on 93.55 acres located at the northeast corner of White Lane and
South Allen Road (ZC # 08-0594 -McIntosh and Associates representing Castle and
Cooke Development) (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on September 17, 2008.
On July 17, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council, The request consists of changing the zoning
from P.U.D. (Planned Unit Development) to R-1/P.U.D. (One Family Dwelling/ Planned Unit
Development) on 93.55 acres. The reason for the request is to allow the developer the opportunity to
modify the project's design by eliminating most of the alleys within the original subdivision (recorded
Tract Map 6223) and increase lot sizes. Additionally, the amount of park/open space would be reduced
by 1.7 acres (but still 6.2 acres above city minimum), and the number of lots reduced from 242 to 224.
Six residents of the subdivision spoke in opposition to the project at the Planning Commission hearing.
Their concerns were that the elimination of the alleys would increase traffic and parking on the interior
streets, property values would decrease as the unique design of the project would be diminished
negatively affecting the character of the existing neighbofiood, larger lots would negatively affect
property values, and that the new architectural style with front-loaded garages and driveways to the
street would lessen the neighbofiood's walkability.
In addition to the applicant and project engineer, the Commission also heard from two people in support
of the changes. An existing resident stated that the increased lot sizes would attract more buyers and
increase property values. These comments were also echoed by a real estate professional that
markets homes in the area.
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September 18, 2008
ADMINISTRATIVE REPORT
The proposed design continues to remain consistent with incorporating many elements of "new
urbanism", which includes detached sidewalks, green space throughout the subdivision, intemal parks,
street trees, and traffic calming features. The project will remain a gated community and all internal
streets, parks, and landscaping will be privately maintained.
The project area is designated LR (Low Density Residential) under the Metropolitan Bakersfield
General Plan. The proposed zone change will result in providing zoning that permits flexibility to
accommodate the revised design of the project site, while maintaining the "new urbanism° concept.
The zone change is compatible with the property's Low Density Residential land use designation. The
purpose for the proposed zone change is to satisfy Condition No. 24 of VTTM 7161, which require the
site zoning be changed to R-1/P.U.D. (One Family Dwelling/ Planned Unit Development) prior to
recordation of any final map.
Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the
original project (Tract 6223) of the subject property and a Negative Declaration was adopted on
November 20, 2003. In accordance with CEQA section 15162, no further environmental documentation
is necessary because no substantial changes to the original project are proposed, there are no
substantial changes in circumstances under which the project will be undertaken and no new
environmental impacts have been identified. Mitigation measures from the related project have been
included in the attached conditions of approval (Condition No. 6-10).
Staff recommends adoption of the ordinance.
TJI S:IDanaIADMINS1200810ct110-8-0594 2.doc
September 18, 2008
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MEETING DATE: October 8, 2008 AGENDA SECTION: Deferred Business
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: August 28, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of Ordinance Amending Chapter 15.84 of the Bakersfield Municipal Code
Relating to a Transportation Impact Fee on New Development. (All Wards)
RECOMMENDATION: Staff recommends second reading and adoption of the ordinance.
BACKGROUND: In 2007, after a period of unprecedented growth, City and County staff were instructed
to once again update the Metropolitan Bakersfield Transportation Impact Fee program to address a variety
of issues such as increased unit costs, changes in growth patterns, and the need to help fund the required
match for the Thomas Roads Improvement Program. The proposed General Plan update addresses
growth in the Metropolitan Bakersfield area through the year 2035, so this was chosen as the program's
horizon year. City and County staff have performed a comprehensive study of the planned growth and
have developed a transportation system to try to accommodate this growth and provide a funding
mechanism for this transportation network. New facilities that are required to maintain a LOS "C", or not
degrade the existing levels of service, have been added to the new Facilities List. Also included in the
new Facilities List are the matching funds for transportation projects in the Thomas Roads Improvement
Program (TRIP). This proposed fee includes the unfunded portion of the regionally significant projects
made necessary by new development.
There has been a significant amount of public input on this issue. Staff made a presentation of the
Transportation Impact Fee update process to the City Council on February 27. Since this presentation,
the Planning and Development Committee has met on this item 5 times, and there have been eight
meetings with the "stakeholders° -the Home Builders Association, the Board of Realtors, the Chamber of
Commerce, and various representatives of the commercial developers and others. A list of the meetings
held to date and future scheduled meetings was provided in the General Information memo dated August
29, 2008.
There are, of course, inherent differences of opinion between public officials and the development
community regarding the level of the fees. Public officials have identified a need for revenue to deal with
road system demand caused by growth, while development businesses must account for the costs
involved in pricing of residential and commercial properties. Despite that difference in perspective, efforts
have been made to listen and adjust the fee schedules and, where feasible and prudent, to make some
adjustments in response to comments.
The most persuasive comment made during the review of the previous draft pertained to the state of the
economy and the need for a recovery period prior to implementing the ultimate fee schedule. This position
was taken by both residential and commercial developers. The argument on the residential side,
September 22, 2008, 9:12AM
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ADMINISTRATIVE REPORT
realistically, has less merit than it does on the commercial side because, under State laws, vested maps
carry the old fees that were in place on the vesting date until and unless the map expires. The State
legislature just added a mandatory year of life to all vested maps. There are approximately 35,000 such
lots in Bakersfield.
Commercial properties generally do not have the "vested lot" advantage. Many have been "in process" for
along period of time with budgetary assumptions that could not predict the level of the new fees. The
"hardship" claim in these instances is real and could have meaningful consequences.
To adjust for these concerns, staff is recommending that the revised full fees be adopted but that, for one
year after adoption, an "economic recovery fee" level be put in place with a fee level at 90% of the full
amount. Despite the vested map issue, it is proposed for both residential and commercial schedules in
both the Core and the Non-Core areas. It provides a full year with an incentive to stimulate the economy
and bring projects to the building permit issuance stage. It would also be possible for the City Council to
add another "recovery" year if, 12 months after adoption, the economy has yet to recover. The full fee
schedules will be implemented, and, absent additional Council action, will go into effect in one year.
The Facilities List includes $2 billion in transportation projects. This list has been able to be reduced due to
the $630 million earmark from former Congressman Thomas for the TRIP program. For single-family
homes, the initial fee presented was $14,490, for both the City and County. The new full fee is now
$13,595. The economic stimulus rate for the first year is $12,228.
The Facilities List includes $2 billion in transportation projects. As before, the more built-out nature of the
central portion of the City is accounted for by structuring the fee schedule with a Core and Non-Core area,
with the Core area responsible for a lower fee. In response to input from the stakeholders on the current
economic climate, the Planning and Development Committee has directed that there be a reduced fee for
the first year for both the Core and Non-Core areas.
On September 4, 2008, the City Council's Planning and Development Committee voted to approve the
fee.
The first reading of the ordinance took place at the September 17, 2008 City Council meeting. The
ordinance, the new fee and the facilities list will become effective 60 days after adoption by both
jurisdictions. The adoption of this fee will not affect any project, building or subdivision currently being
reviewed by the City. The new Phase IV fee will only affect those projects, buildings and subdivisions that
are started after the effective date of the fee.
mps
September 22, 2008, 9:12AM
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MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 ~~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
September 18, 2008
CITY MANAGER ,~S
Resolution adopting an amended Conflict of Interest Code for City of Bakersfield
departments.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY `~
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Political Reform Act ("PRA") requires a biennial review of local agency conflict-of-interest codes and
that each governmental agency review, update and amend its Conflict of Interest Code whenever
positions are created, deleted or modified so as to conform with the positions designated for reporting of
economic interests. The positions identified in this update were created or modified subsequent to the
Council's approval of Resolution No. 281-06 on November 15, 2006 which completed the year 2006
biennial review of the Conflict of Interest Code.
The positions created or modified as set forth in the resolution (Exhibit "A") meet the criteria for filing
Statements of Economic Interest under the PRA as they are either involved in purchasing of equipment,
materials or services and/or participate in or influence government decisions on behalf of their respective
departments.
The current Code was reviewed by the City Manager, then provided to each department head with
recommended changes. Those changes included adding new designated positions, revising titles of
existing positions, adding responsibilities to existing positions, and deleting abolished titles and positions
no longer requiring designation.
The proposed amendments to the Conflict of Interest Code (all additions are in bold) is attached and
incorporated by reference into the resolution as Exhibit "A".
September 18, 2008, 11:44AM
S:\COUNCILWdmins\OS-09 Admins\Conflictlnterest2008.doc
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ` `, .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_-,~!~~
DATE: September 24, 2008 CITY ATTORNEY i"/~
CITY MANAGER
SUBJECT: Purchase of Slide Gates & Operators for Mill Creek Linear Park Project Phases 4 & 5.
1. Resolution determining that slide gates & operators for Mill Creek Linear Park
Project cannot be obtained through the usual bidding procedures and authorizing
the Finance Director to dispense with bidding therefore, not to exceed $170,000.00.
2. Award the contract to Waterman Industries, Exeter, California for the purchase of
slide gates & operators for Mill Creek Linear Park Project in the amount of
$169,575.12.
RECOMMENDATION: Staff recommends adoption of the Resolution and award of the contract.
BACKGROUND: In August 2008, invitations to bid were sent to over two hundred (200) suppliers for
slide gates & operators for Mill Creek Linear Park Project Phases 4 8 5. No bids were received meeting
the delivery deadlines required. Prefabricated slide gates & operators can only be installed during the
canal shut down period from December 10, 2008 to December 31, 2008. City staff contacted several
suppliers and negotiated a price and guaranteed delivery date with Waterman Industries to meet the tight
time constraints for the essential fabrication. Staff recommends adoption of the resolution to dispense
with usual bidding procedures and award of the contract to purchase slide gates 8~ operators for Mill Creek
Linear Park and deliver items by December 15, 2008.
Purchasing Division
S:~PURCHWDMIMMiII Creek Slide Gates Phases 4&5, Dispense w-bidding, October 8, 2008.doc
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ADMINISTRATIVE REPORT
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10
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: l _ ,
TO
FROM
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 24, 2008
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY D,.
CITY MANAGER F~
SUBJECT: Resolution amending the official list of designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield
Municipal Code.(Wards 1, 2, 3, 4, 5, 6, & 7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: This resolution establishes speed zones which can be enforced by radar on
roadways within the City. The roadway segments below are proposed to have a speed zone change,
road segment limit change, or had been previously established by the County.
The method of establishing posted speed limits was revised in the California Manual of Uniform Traffic
Control Devices and applies to all engineering and traffic surveys performed after May 20, 2004.
Therefore, some previously established speed limits are proposed to increase to meet the new State
guidelines.
Speed Existing Proposed
Zone Speed Speed
Location Limit Limit
Council Ward #1
Brundage Lane, from Chester Avenue to P Street 35mph 40mph
H Street, from Belle Terrace to Brundage Lane 40mph 45mph
Madison Avenue, from Casa Loma Drive to Watts Drive 35mph 40mph
Council Wards #1 & #2
Brundage Lane, from Hughes Lane to Chester Avenue 35mph 40mph
Brundage Lane, from Oak Street to Hughes Lane 35mph 40mph
Council Wards #1 & #7
Ming Avenue, from Hughes Lane to South H Street 40mph 45mph
RJS~3995
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10
Councll Ward #2
30 Street, from Garces Circle to Union Avenue 30mph 35mph
California Avenue, from A Street to H Street 35mph 40mph
H Street, from Truxtun Avenue to California Avenue 30mph 40mph
Truxtun Avenue, from Pine Street to A Street 30mph 35mph
Council Ward #3
Fairfax Road, from Paladino Road to Alfred Harold Hwy 55mph 50mph
University Avenue, from River Blvd. to Haley Street 30mph 35mph
Councll Ward #4
Allen Road, from Stockdale Hwy to Brimhall Road 55mph 50mph
Allen Road, from Ming Avenue to White Lane 65mph 50mph
Calloway Drive, from Snow Road to Norris Road 55mph 45mph
Calloway Drive, from Norris Road to Olive Drive 55mph 50mph
Chamber Blvd., from Buena Vista Road to Allen Road 55mph 40mph
Main Plaza Drive, from Rosedale Hwy to Granite Falls Drive 55mph 40mph
Ming Avenue, from Buena Vista Road to Allen Road 55mph 45mph
Old Farm Road, from Hageman Road to Reina Road 55mph 45mph
Old Farm Road, from Snow Road to Olive Drive 55mph 45mph
Old Farm Road, from Olive Drive to Reina Road 55mph 45mph
Renfro Road, from Stockdale Hwy to Culiacan Avenue 55mph 45mph
South Jenkins Road, from Borgan Avenue to Stockdale Hwy 55mph 40mph
Councll Ward #5
Harris Road, from Old River Road to Buena Vista Road 55mph 50mph
Harris Road, from Gosford Road to Old River Road 55mph 50mph
Mountain Vista Drive, from Trailblazer Drive to Harris Road 55mph 40mph
Old River Road, from Campus Park Drive to Harris Road 65mph 50mph
Old River Road, from Harris Road to Panama Lane 65mph 50mph
Councll Ward ill
Akers Road, from Pacheco Road to White Lane 55mph 45mph
Ardmore Street, from Stine Road to Akers Road 55mph 40mph
Ming Avenue, from Real Road to Stine Road 40mph 45mph
Ming Avenue, from Stine Road to New Stine Road 40mph 45mph
Councll Wards #6 & #7
Ming Avenue, from Real Road to Hughes Lane 40mph 45mph
Councll Ward #7
Berkshire Road, from Wible Road to Hwy 99 55mph 45mph
Hosking Road, from South H Street to Wible Road 55mph 50mph
Larson Lane, from Wilson Road to Planz Road 55mph 40mph
McKee Road, from Wible Road to Hwy 99 55mph 45mph
Monitor Street, from Hosking Road to Berkshire Road 55mph 40mph
RJS ®3995
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ADMINISTRATIVE REPORT
Chapter 7 of the California Vehicle Code (CVC) defines three different speed limits within which all
drivers should obey whether or not signs are erected indicating those speed limits. The three different
speed limits are as follows:
1. 15 m.a.h.
a. At "blind" railroad crossings. (CVC Section 22352.a.1)
b. At "blind" intersections. (CVC Section 22352.a.2)
c. On any alley. (CVC Section 22352.a.3)
2. 25 m.p.h.
a. Ina "residence" district. (CVC Section 22352.b.1)
b. Ina "business" district. (CVC Section 22352.b.1)
c. In a school zone. (CVC Section 22352.b.2)
3. 55 m.a.h.
Upon atwo-lane, undivided highway. (CVC Sections 22349 b., and 40802)
4. 65 m.g.h.
Any street which does not fall into the categories listed in numbers 1, 2 and 3 above.
(CVC Sections 22349.a. and 40802)
The California State Legislature revised the California Vehicle Code (CVC) effective January 1, 1997 to
set the maximum speed limit at 65 mph.
The CVC allows the 25 m.p.h. speed limit to be raised (Section 22357) or the 65 m.p.h. speed limit to
be lowered (Section 22358) to facilitate the smooth orderly flow of traffic. This increase or reduction is
done by an "Engineering and Traffic Survey". The survey must be done in accordance with State
mandated procedures and must be renewed every five (5) years.
The speed limit which is proposed in the subject resolution has been established as a result of an
"Engineering and Traffic Survey".
RJS ~ 3995
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~wBAMT R
'd EPORT
.~ ADMINISTRATIVE R
L] p
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: t ,~ , ~,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 5, 2008
AP OVED
DEPARTMENT HEAD ,~~
CITY ATTORNEY
CITY MANAGER ,~S
SUBJECT: 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. (Wards 1, 5, 7)
1. Area 5-53 (Redbank, Glebe SW)
2. Area 5-54 (S Fairtax, Redbank SE)
3. Area 4-87 (Chester Ave E, between 36th & 38th)
4. Area 3-80 (Panama, Gosford SW)
5. Area 5-55 (Panama, Cottonwood SE)
6. Area 5-56 (8601 S H Street)
7. Area 5-57 (Massey, E Pacheco)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 3, 2008 the Council adopted Resolution of Intention No's. 1613, 1614,
1616, 1617, 1618, 1619, and 1620 to add the above territories to the Consolidated Maintenance District as
required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District
will provide for the maintenance of parks and/or street landscaping. The areas will be under park and/or
streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street
landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition
218.
The City of Bakersfield has received a letter from the owner of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners have
also submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map.
phs
G:\GROUPDATWDMINRPT\2008\10-08\MD Admin Report.doc
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~`~
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~
DATE: September 15, 2008 CITY ATTORNEY b
CITY MANAGER
SUBJECT: Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 596 consisting of 50.12 acres, located at the southwest corner of
Washington Street and Belle Terrace. (Ward 1)
2. Annexation No. 598 consisting of 30.26 acres, located on the north side of
Washington Street, north of Casa Loma Drive. (Want 1)
3. Annexation No. 603 consisting of 77.31 acres located on the south side of Seventh
Standard Road, on the east and west side of Verdugo Lane. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited territory to the City of
Bakersfield identified as Annexation No. 596 consisting of 50.12 acres, located at the southwest comer
of Washington Street and Belle Terrace, Annexation 598 consisting of 30.26 acres, located on the north
side of Washington Street, north of Casa Loma Drive and Annexation No. 603 consisting of 77.31 acres
located on the south side of Seventh Standard Road, on the east and west side of Verdugo Lane.
These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The property owners have consented to annexation. The proposals are to annex the land for
development purposes and to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax split
agreement (Memorandum of Understanding 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."
DL:dc
S:Wnnexation~Res of ApplicWdmin Draft598, 598 & 803.doc
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ADMINISTRATIVE REPORT
c~
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~- ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 24, 2008
A,~PROVED
DEPARTMENT HEAD ~ ~~
CITY ATTORNEY /~~
CITY MANAGER /C~
SUBJECT: Amendment No. 1 to Resolution No. 076-08 establishing the South Mill Creek Underground
Utility District, District 2, Division 32. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to resolution (5 affirmative votes
required.)
BACKGROUND: On May 21, 2008, the City Council adopted Resolution 076-08 establishing the South
Mill Creek Underground Utility District, District 2, Division 32, under PG&E Rule 20A and California Public
Utility Commission regulations. In preparing the resolution document, Staff inadvertently omitted two
paragraphs; one that describes that the utility companies will remove their overhead facilities when the
underground work is done; and, the other allowing for Rule 20A funds to be used for electric service panel
conversion for each customer. These provisions were included in both the Resolution of Intent establishing
the boundaries for the district as well as the Administrative Report. This amended resolution corrects this
error.
PW-GS (StuartP)
September 25, 2008, 2:36PM
G:\GROUPDATWDMINRPl12008N0-08Wdmin So Mill Creek UndergroundDist Amend to Reso.doc
MEETING DATE: OCTOBER 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: `
TO: Honorable Mayor and City Council
FROM: Pamela McCarthy, City Clerk
DATE: September 24, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S',
SUBJECT: Amendment No. 1 to Resolution No. 170-94 approving the destruction of certain obsolete
city records, documents, instructions, books and papers, pursuant to Section 34090 et seq.
of the Government Code -City Clerk's Office.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The retention schedule for the City Clerk's Office has not been updated since November, 1994. Due to
amendments to the Government Code, it is necessary to modify the retention schedule to reflect these
changes.
pl
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ a , ,
TO: Honorable Mayor and City Council
FROM: Javier Lozano, Human Resources Manager ~ ,
DATE: September 29, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~~
CITY MANAGER _
SUBJECT: 2009 HEALTH CARE CONTRACTS
RECOMMENDATION:
Staff recommends approval of these contracts.
t.
1. Agreement with Anthem Blue Cross for Indemnity Health and Dental Services.
2. Agreement with Anthem Blue Cross HMO for Medical Services for active employees
and retirees.
3. Agreement with Anthem Senior Secure for the Medicare Risk Plan -Senior Secure
for retirees
4. Amendment No. 4 to Agreement No. 05-417 with Kaiser Permanente -Managed
Care Health Plans for Medical Services for employees.
5. Amendment No. 4 to Agreement No. 05-418 with Kaiser Permanente -Managed
Care Health Plans for Medical Services for retirees.
6. Amendment No. 3 to Agreement No. 05-419 with Medical Eye Services (MES) for
Vision Services.
7. Amendment No. 3 to Agreement No. 05-420 with Pacific Union Dental for pre-paid
Dental Services.
8. Amendment No. 3 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for
pre-paid Dental Services.
9. Amendment No. 3 to Agreement No. 05-422 with PacifiCare Behavioral Health of
California for Employee Assistance Program (EAP).
10. Amendment No. 3 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for Emotional Health Care Services.
11. Amendment No. 2 to Agreement No. 06-337 Independent Contractors Agreement
with Fort Dearborn Life Insurance Company for employee life insurance.
12. Amendment No. 1 to Agreement No. 08-019 Independent Contractors Agreement
with HealthComp, Inc. for any employee un-reimbursed Medical expenses and
Dependent Care expenses under the IRS Section 125.
ADMINISTRATIVE REPORT
BACKGROUND:
The City's contracts for health insurance are up for renewal for the plan year of 2009. Our health care
consultants, The Segal Company, have worked diligently with the various vendors in an effort to arrive
at the most favorable renewal rates for 2009. The following are the result of The Segal. Company's
negotiations with these providers.
Anthem Blue Cross increases:
- Active PPO Plan - 0.4%
- Active HMO Plan 8.3%
- Active PPO Dental Plan 8.3%
- Retiree PPO Plan -16.5%
- Retiree HMO Plan 43.3%
(Approximately 33% of the HMO increase is due to the five year transition to un-blend
the retirees from the active employee rates. This is the fourth year of the five year
transition. The remaining portion of the increase is due to the high experience rating)
- Retiree Senior Secure 8.5%
Kaiser increases:
- Active - 0.1
- Retiree (under 65) 14.2%
(A part of this increase is due to the three year transition to un-blend the retirees from
the active employee rates. This is the second year of the three year transition.)
- Senior Advantage (over 65 with Medicare) 1.1
All of the other plans have requested_mnimal or no increases for 2009
- Dedicated Dental 0.0%
- Pacific Union Dental Actives 0.0%
- Medical Eye Services 0.0%
- PacifiCare Behavioral Health 0.0%
- Pacific Union Dental Retirees 0.0% (Fully paid for by the retirees)
- Fort Dearborn Life 0.0% (Year three of three year rate)
It is important to note that on July 23, 2008 the Personnel Committee reviewed the proposed rates
and current structure of the health care plans. The Insurance Committee has agreed with the City's
recommendation and approved the acceptance of these premiums with no proposed changes to the
current plan structures. Also the City and the Insurance Committee have agreed to work together with
The Segal Company in reviewing alternative Health Plans and other cost management opportunities.
BA
u
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ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 12, 2008
Street Improvements: Right Turn Channelization on Mt. Vemon Avenue at State Route 178
(Ward 3):
1. Agreement with Pacific Gas 8 Electric (PG&E) (not to exceed $84,000) for the
relocation of an existing underground transformer.
2. Appropriate $84,000 Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget to fund Agreement.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of Agreement and appropriation.
BACKGROUND: The City of Bakersfield has a Capital Improvement Program project to construct a right
turn lane on Mt. Vernon Avenue at State Route 178. In order to construct this project, an existing PGB~E
underground transformer has to be relocated. PG8~E has estimated the cost to relocate this transformer at
$84,000. The relocation is not covered by the franchise agreement because the existing facility is within
the State's right of way.
An appropriation of $84,000 is needed to approve this agreement.
PW/Design Engineering/nsg
September 12, 2008, 4:41PM
G:\GROUPDAT\ADMINRPT\2008\10-08Wgreement with PGBE for Relocation of Underground Transfromer.doc
i I;e~ i
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y(' ~L~" A'-' ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: l a.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 30, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~ ~
CITY MANAGER
SUBJECT: Agreement with Bakersfield Redevelopment Agency to purchase property located east of
P/Q Streets and south of the B.N.S.F. railroad tracks for $50,000, an easement on the 1.95
acre linear parcel shall be retained by the City.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Redevelopment Agency held fee simple title to approximately 5.5 acres of real property located to the
east of P/Q Streets and south of the B.N.S.F. railroad tracks. The City determined a need fora 1.95 acre
linear strip portion of this property as right of way for the purpose of constructing the future Centennial
Freeway and in March 2007, purchased this linear strip portion for the appraised fair market value of $1
million dollars.
This property was acquired by the Redevelopment Agency in May, 2006 and was planned for the
development of affordable multi-family housing units in the South Mill Creek project. In August 2008, the
Agency completed negotiations with Chelsea Development to provide 70 units of affordable multifamily
residential rental units on the remaining portion of the property, however the 1.95 acre strip previously sold
to the City was determined to be necessary for the project development for surface parking, landscaping
and playground equipment. These development activities will have little or no impact to the freeway
design requirements. In order for Chelsea to obtain the necessary financing required for the project and
meet the required parking conditions, it was determined that it would be necessary for them to hold title to
the property as fee simple. It has also been determined by the City's Real Property Manager and the
developer, that an easement can be placed on the property to assure its availability when needed for the
freeway use. The Redevelopment Agency has agreed to replace any lost future parking for the developer
that may result from future freeway development.
The property on which the City easement will be placed will have severe building restrictions and be
limited to the surface parking lots, landscape and playground equipment. Due to these severely limiting
Building constraints, it has been determined that the property has a residual value with the easement of
$50,000.
S:Wdmins\City CouncillCity Council Admins 2008\Centennia Corridor Easement Transfer.doc
9/30/2008 3:33 PM
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O~ycovo~,,T RiS
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ADMINISTRATIVE REPORT
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7F 0
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ,-,r
TO: Honorable Mayor and City Council
FROM: John W. Stinson, Assistant City Manager
DATE: September 24, 2008
SUBJECT: City Physician Services Agreements:
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1) Agreement with Central Valley Occupational Medical Group, Inc., not to exceed $100,000,
annually.
2) Agreement with Vernon C. Sorenson, M.D. d/b/a/ Memorial Occupational Medicine, not to
exceed $100,000, annually.
RECOMMENDATION:
Staff recommends approval of the agreements.
BACKGROUND:
On May 8, 2008, a request for proposal for City Physician Services was published. The city physician
services include the following: pre-employment physicals; HAZMAT physicals; fitness for duty exams; and
drug and alcohol testing. Four (4) medical providers submitted proposals. The term of these agreements
is for a three (3) year period commencing November 1, 2008.
All four proposers were selected to participate in the oral interview process on September 5, 2008. The
four medical providers interviewed were Central Valley Occupational Medical Group (Dr. Davies); Vernon
C. Sorenson, M.D. d/b/a Memorial Occupational Medicine; Irene Sanchez, M.D.; and U.S. Healthworks,
Inc. The oral board consisted of the following staff: Ralph Korn, Risk Manager; Jena Covey,
Administrative Assistant-Risk Management; Gary Hutton, Deputy Fire Chief; Lyle Martin, Captain, BPD;
Rick Kirkwood, Management Assistant, City Manager's Office; Janet McCrea, Human Resources
Supervisor; and Steve Hollingsworth, Public Works Operations Manager.
The medical providers were rated on the following criteria: experience in occupational medicine, general
medical competence, customer service, adequacy of staff and facilities, and range and cost of services.
The top two providers selected were Central Valley Occupational Medical Group and Vernon C. Sorenson,
M.D. d/b/a/ Memorial Occupational Medicine as they best met the City's requirements.
Currently, Central Valley Occupational Medical Group is the sole provider of city physician services to the
City. Business Health Network had also been a provider of services under the previous contract, but after
being acquired by Concentra, the level of service fell to a point that resulted in the City's cancellation of
September 24, 2008, 1:02PM
S:\Ralph\Contracts\City Physician Admin Report.doc
ADMINISTRATIVE REPORT
their contract.
Fees for services are similar for Central Valley Occupational Medical Group and Vernon C. Sorenson,
M.D. d/b/a/ Memorial Occupational Medicine. There is no significant increase in fees from the 2005
agreements. Staff recommends Council approve agreements with Central Valley Occupational Medical
Group and Vernon C. Sorenson, M.D. d/b/a/ Memorial Occupational Medicine with annual fees not to
exceed One Hundred Thousand Dollars ($100,000) per provider.
RAK
September 24, 2008, 1:02PM
S:\Ralph\Contracts\City Physician Admin Report.doc
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MEETING DATE: October 8, 2008- - - I AGENDA SECTION: Consent Calendar
ITEM: ~ a , ~.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 23, 2008
APPROVED
DEPARTMENT HEAD L
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield and Kern Regional Foundation for a loan not to
exceed $500,000 of Home Investment Partnership Funds (HOME) to be used to assist low
income special needs families with home ownership at 609 Taylor Street.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Kern Regional Foundation (KRF) is a non profit foundation that provides housing assistance, employment
training and other services to families with special needs for developmentally disabled persons. In a
unique publiclprivate partnership, KRF negotiated the acquisition of 13 condominium units with amenities
for special needs families. KRF submitted a proposal to EDCD requesting a $500,000 loan to assist the
project by providing up to 13 eligible low income families funds to purchase the condominiums located at
609 Taylor Street in Bakersfield. These newly refurbished condominiums have a sales price of $89,900
each. The developer of the units will provide all new appliances including a dishwasher, stove, microwave
and washer and dryer and KRF will provide homebuyer counseling and mortgage assistance.
The agreement calls for the City to loan KRF $500,000 for a period of 30 years interest free to provide a
portion of the loan funds that are needed by the eligible families for home acquisition. KRF will provide
assistance up to $15,000 with a third trust position for each condominium. EDCD will monitor the project
and certify the eligibility requirements of the homebuyers. Eligible homebuyers may also access a City
Down Payment Program established for this project. Currently 13 families have been pre-qualified to
purchase the available condominiums in the project. Awaiting list has also been established.
Despite the recent decline in home pricing, homeownership is still out of reach for many low income
families. Special needs families with developmental disabilities are especially challenged in achieving
homeownership. This project will serve as a model for additional public/private collaborations to secure
more special needs homeownership opportunities in the future.
Staff recommends approval of the Agreement.
S:Wdmins\City Council\City Council Admins 2008\Kem reg.doc
9/23/2008 2:42 PM
''~1 ~
a„
'_ ~=-`.ps- ADMINISTRATIVE REPORT
"i~7j•~'
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 ~ _ ~ .
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 22, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER _~_
SUBJECT: Agreement between the City of Bakersfield, County of Kern and Bakersfield Association of
Retarded Citizens (BARC) for $300,000 of Community Development Block Grant funds to
construct an Industrial Training Facility at 2240 South Union Avenue. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council approved the FY 2007-08 City of Bakersfield Action Plan in May of 2007, which allocated
$300,000 in Community Development Block Grant (CDBG) funds for the Bakersfield Association of
Retarded Citizens (BARC) Industrial Training Facility. The purpose of the project is to increase the
availability/accessibility of economic opportunities for individuals with low/moderate incomes through job
training and creation. BARC currently provides a variety of services for more that 550 adults and 140 at-
risk young children who have developmental disabilities at their industrial campus located at 2240 South
Union Avenue. The project will expand those services through the construction of a new Industrial
Training Facility to provide job-training opportunities to individuals who are unemployed, underemployed
or developmentally disabled. It is anticipated that a minimum of 40 new jobs will be created as a result of
this project.
The multi-phased project will consists of design and construction of a 20,000 to 30,800 square foot pre-
fabricated building which will have a steel frame, metal roof, metal siding, six rollup doors, two in-ground
loading docks, and storage areas. The building will be constructed on a concrete slab, thickened at one
end to allow for heavy truck traffic. Site improvements will also include grading/compaction, extension of
utilities, on-site roads, loading docks, storage areas, drainage, landscaping and asphalt paving. Final
improvements to the facility will also include installation of beverage container sorting and recycling
equipment.
In addition to the City's CDBG contribution, the County of Kern will also be contributing $300,000 in CDBG
funds and are a legal party to this contract. BARC is also contributing monies from outside financial
sources such as Economic Development Administration (EDA) funds, foundation grants, loans, and equity
capital to complete this project. Total estimated cost of this multi-phased project is about $ 4.5 M.
The City's CDBG grant funds will be secured by a Deed of Trust on the property for a term of no
less than 5 years. After 5 years of successful operation of the facility and compliance with the
conditions of the project agreement, the City will reconvey title back to BARC.
S:Wdmins\City Council\City Council Admins 2008\BARC ADMIN.doc
9/22/200811:07 AM
A
ADMINISTRATIVE REPORT
M ,
1
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ v, „
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 25, 2008
APPROVED
DEPARTMENT HEAD /v
CITY ATTORNEY
CITY MANAGER
SUBJECT: Settlement Agreement with Sunray Petroleum, Inc. for the reimbursement of costs to relocate
facilities being impacted by the Westside Parkway Project within the Fruitvale Oil Field, Red
Ribbon Ranch Lease located west of Mohawk Street south of Rosedale Highway and north of
the Kern River for $2,088,000.00. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City has commenced the planning, engineering, acquisition and construction of certain public
transportation projects including the Westside Parkway and Mohawk Extension providing for an
interchange, realignment, extension, widening and associated road improvements of Mohawk Street from
the intersection of Truxtun Avenue extended to the intersection of Rosedale Highway.
The Project as planned, located and designed by City requires that Sunray remove, relocate and
reconstruct certain oil wells, pumps, power lines, pipelines, waterlines and other appurtenant and
interconnected equipment and associated facilities necessary to Sunray's current and ongoing business of
owning, operating and managing certain mineral interests granted pursuant to oil and gas leases existing
in the Project area.
This Agreement states the terms and conditions agreed to by the Parties for the removal, relocation and
reconstruction of Sunray's facilities made necessary by the City's Project.
September 25, 2008, 5:26PM
P:\MyFilesWdmin ReportslSunray purchase.doc
DMA/s
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ , e„r .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 25, 2008
APPROVED
DEPARTMENT HEAD ~/,~
CITY ATTORNEY ~~..'~.vJT~. ~-'~~ ~
CITY MANAGER GJ
SUBJECT: Agreements to purchase real property located on the east side of Mohawk Street south of the
BNSF railroad for the Westside Parkway. (Ward 4)
1. Robin C. Leonard, Trustee of the Leonhard Exemption Trust created U/DR dated
January 9, 1990 for $150,270.09.
2. Patricia Burns Gebhardt for 5,574.93
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND:
The City of Bakersfield has been purchasing properties for the Westside Parkway for several years. The
property currently being acquired is owned by approximately 20 different parties each holding an separate
interest in the total property. The purchase price of each interest being acquired represents the fair
market value of that interest as established by an appraisal prepared by Randy K. Merriman, MAI. The
combined total of the interests of the two parties listed above is approximately 18% of the property being
acquired.
Currently Tricor Energy operates several oil wells on the property which will be impacted by the project. To
address these impacts the City and Tricor previously entered into Agreement No. 08-092. The agreement
sets forth the mitigation measures that were agreed to by the City offset the impact to their operations.
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.
September 25, 2008, 1:17PM
P:\MyFilesWdmin Reports\Bonney, etal.doc
DMA/s
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MEETING DATE: October 8, 2008 I AGENDA SECTION: Consent Calendar
ITEM: ~~~., L,i?
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 24, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Assignment and Assumption for Agreement No. 97-109 and Amendments from Restoration
Community Project, Inc. to Bethany Services Inc. for the Provision of Transitional Housing
Services at 721 & 725 8`h Street. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In May, 1997, the City of Bakersfield entered into an agreement with subsequent amendments (July, 1998
8 April, 2000) with Restoration Community Project, Inc. (RCPT) for the provision of $190,000 in HOME
Investment Partnership funds for the acquisition and .rehabilitation of property located at 721 8 725 Stn
Street. One of the HUD regulatory provisions included in the agreement was that the facility was to
operate and provide transitional housing and rehabilitation services for women with children for a period of
15 years. RCPT discontinued operating at the location and has agreed to transfer all of its rights, title and
interest in the property to Bethany Services who has the capacity to operate the facility and has agreed to
assume the requisite and responsibilities of the agreement.
Bethany will be required to operate the transitional housing facility for women with zero or very low income
for an additional 15 years.
S:Wdmins\City Council\City Council Admins 2008\RCPIAssignment10.08.2008.doc
9/24/2008 10:30 AM
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ADMINISTRATIVE REPORT
u
1
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar.
ITEM: ~, ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 25, 2008
PPROVED
DEPARTMENT HEAD ~°
CITY ATTORNEY
CITY MANAGER ~(_
SUBJECT: Amendment No. 1 to Agreement No. PW 08-094 with M.H. Wolf and Associates
Environment Consulting Inc. ($37,899.00; total not to exceed $77,643.00), for biological
consulting on the Allen Road Bridge. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Agreement No. PW 08-094 was entered into on July 30, 2008 to provide biological
monitoring of the Allen Road Bridge project. Since then the scope of work has been expanded to include
conducting bat surveys and kangaroo rat trapping. Final reports required by both California Department of
Fish & Game and the United States Fish and Wildlife Service are part of this expanded work. This
amendment also expands the inspection of the construction site from 60 days to 100 days. The original
agreement was for $39,744.00. This amendment increases the compensation by $37,899.00 for a total
compensation of $77,643.00.
wgm
T4K142
September 25, 2008, 3:38PM
G:\GROUPDATWDMINRPT\2008\10-08Wnendment No. 1 to Agreement No. PW OS-094.doc
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ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,~
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: September 22, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY y
CITY MANAGER
SUBJECT: Amendment No.1 to Agreement No. 76-61 with Kem-Tulare Water District and Agreement No.
76-63 with Rag Gulch Water District to Consent to Assignment and Consolidation of
Agricultural Water Contracts.
RECOMMENDATION: Water Board and staff recommend approval of amendment to the agreements.
BACKGROUND: The Kem-Tulare and Rag Gulch Water District's are proposing to consolidate and have
initiated proceedings with Kern LAFCo to do so. Currently Kem-Tulare and Rag Gulch share common
boundaries, distribution system, management and staff. Consolidation will result in substantial savings of
staff and operating costs. Kern-Tulare is the designated surviving special district and is to succeed to all
rights and obligations of Rag Gulch.
The district's have separate agreements with the City for delivery of Kem River water and the contracts
have provisions that require City approval on any and all assignments. This amendment grants City
approval for the consolidation and assignment of the Rag Gulch contract to Kern-Tulare.
The City of Bakersfield Water Board reviewed and voted to recommend City Council approval of this
amendment to the agreement at its September 10, 2008 meeting.
September 19, 2008
S:12008ADMIN REPORTSWmendNo.1to76-61&76-63
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: , Z.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: September 26, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY py~
CITY MANAGER ~W
SUBJECT: Amendment No. 1 to Agreement No. 07-367 with Ennis Paint, Incorporated ($110,000,
revised not to exceed $220,000) and extending the term to October 9, 2009 for the annual
contract for traffic paint. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 10, 2007, Council awarded the Annual Contract for traffic paint, in the
"amount of $110,000. The Agreement allows for four (4) consecutive one-year extensions of agreement, if
all parties agree. Ennis Paint, Incorporated has requested a unit cost increase consistent with the U.S.
Department of Labor Producer Price Index and within the terms and conditions of the agreement. City
staff approves the increase and wishes to extend the agreement and add $110,000 which is the annual
budget for this commodity. Extending the Agreement allows the City to continue working with a good
provider and saves staff time and efforts required if this item were to be re-bid.
Purchasing Division
S:~PURCHWDMIN~AmandmentaWmendment #1 to Agreement 07-367, Ennis Paint, AC for Traffic Paint, October 8, 2008.doc
September 26, 2008, 10:56AM
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: September 24, 2008
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY yG
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 06-324 with RM Industries extending the term for one
(1) year and adding $80,000 (for a total not to exceed amount of $240,000) to the Annual
Contract for janitorial and hardscape maintenance for the Amtrak Station. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 25, 2006, Council awarded the Annual Contract for janitorial and hardscape
maintenance for the Amtrak Station to RM Industries, Bakersfield for a one (1) year period at $80,000;
renewable annually thereafter for four (4) consecutive one-year periods. On August 29, 2007, Council
executed Amendment No. 1 extending the agreement for one (1) year for an additional $80,000. The
Agreement allows for a one (1) year extension if all parties agree. City staff and RM Industries agree to
the extension of Agreement under the same terms and conditions with no cost increase for the third
consecutive year. Extending the Agreement allows the City to continue working with a good provider and
saves staff time and efforts required if this item were to be re-bid.
Purchasing Division
S:~PURCHWDMIMAmendmentsWmendment #2 to Agreement 06-324, RM Industries, October 8, 2008.doc
September 25, 2008, 4:59PM
1' (•, ~
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~_ ~, .,.e~ ADMINISTRATIVE REPORT
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MEETING DATE: October 8, 2008 I AGENDA SECTION: Consent Calendar
ITEM: ~ ~. , 1~ .
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 9, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D
CITY MANAGER DS
SUBJECT: Amendment No. 3 to Agreement 04-003 to assign interest from Maya Cinemas North
America, Inc. to Maya Bakersfield, LLC and to incorporate anon-exclusive easement to the
City and public in general for ingress and egress over portions of the Maya Cinema
complex main access drives. (WARD 2),
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On January 14, 2004 the City entered into Agreement No. 04-003 with D.W. Sivers Company, ajoint-use
parking agreement. The Joint-Use Parking Agreement assures that Sivers' patrons can use City's parking
facilities located south and west of Centennial. Garden Arena (Rabobank Arena), the Bakersfield
Convention Center, and the Holiday Inn Select Hotel on non-Arena event days and non-Aquatics center
event days. The Agreement also assures that Sivers will make his parking facilities available to users of
Centennial Garden Arena (Rabobank Arena), the Convention Center, the Ice center and Aquatics Center.
On May 12, 2004, Agreement No. 04-003 was amended and D.W. Sivers Company assigned all of its
rights and obligations under the Agreement to Maya Cinemas North America, Inc. On February 28, 2007,
Agreement No. 04-003 was .again amended due to Maya Cinemas North America's request of a longer
term to the Agreement and different language regarding termination of the Agreement.
Amendment #3 to 04-003 is a two-part amendment. Part one (1) will allow Maya Cinemas North America
to assign all of its rights and obligations under the Agreement No. 04-003, and all amendments thereto, to
Maya Bakersfield Cinemas, LLC, who will ultimately be constructing and operating the project.
Part two (2) of the Amendment will grant the City and the public, the requested non-exclusive easement
for ingress and egress to the Maya Cinemas complex main access drives. This will allow proper access
and parking to Maya Cinemas and the surrounding retail.
Staff recommends approval of the Amendment to assign the rights and obligations to the company who
will be in control of the project and approval of the non-exclusive easement for proper access to the Maya
Cinemas Complex. The amendment will provide the minor enhancements that are needed in the
Agreement, prior to completion of the Maya Cinema Project.
S:1Admins\City Council\City Council Admins 2008\MAYA Amend 3 joint use parking agreement.doc
9!9/2008 12:08 PM
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,~.~ :t° STRATIVE REPORT
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MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~,~ CC ,
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 30, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~L~
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-130 with Soils Engineering, Inc., in an amount of
$17,352., not to exceed $890,472., to clean up city-owned property at 1433 Union Avenue,
the former Navy Oil site. (Ward 2).
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On July 30, 2008 Council approved an agreement with Soils Engineering, Inc. to clean up the
contaminated site at 1433 Union Avenue. Funds for this project are from an Orphan Grant from the State
Water Resources Board. The city's expenses will be reimbursed by the Orphan Grant upon invoices
being approved by the City and paid to Soils Engineering, Inc.
Several unanticipated events occurred once the excavation began:
1. Because the area of contamination was larger than expected, additional excavation work was required.
2. The excavation uncovered the remnants of underground tanks.
3. Truck access to the site required a set up to allow trucks to transverse the railroad spur without
damaging the spur.
These unforeseen events have caused the expected costs to clean up the site to increase beyond the
original cost estimate.
The agreement had two levels of compensation. If the soil was discovered to be non-hazardous,
compensation would be $783,800; if hazardous, $873,120. Soil samples have found the site to be non-
hazardous. However, the language in the agreement does not allow the higher level of compensation to
be used of the site is non-hazardous.
This proposed amendment increases the total amount of the agreement with the contractor not to exceed
to $890,472, the full amount of the grant from the State Water Resources Board.
The Bakersfield Fire Department Prevention Services Division, as the Certified Unified Program Agency, is
the site manager and local oversight agency for the soils remediation and risk assessment under the
Orphan Grant.
S:Wdmins\City Council\City Council Admins 2008\Soils Engineering Amendment 10-08 admin.doc
9/30/2008 3:32 PM
MEETING DATE: October 8, 2008 AGENDA SEC~I~N: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 16, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,~S
SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 2 to Agreement No. 07-302 with Kiewit Pacific Corporation
($335,852; for a revised not to exceed amount of $211,526,017.00).
2. Transfer $505,017 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order, and transfer.
BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve odor
control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3 to
comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
The detailed descriptions of each change order item are summarized in the attached Change Order.
Change Order No. 2 provides for the negotiated resolution for these items. In general, the reasons for the
change order are either unknown site conditions or required design revisions due to various reasons.
Since the contractor's original bid did not provide for these items as shown in the attachment, a change
order is required.
This is the second change order to be submitted for this project. This change order will increase the
contract by $335,852. Cumulative change orders to date total $505,017 (which is an increase of 0.24% of
the original contract amount) as illustrated below:
Original Contract Amount = $211,021,000.00
Amended Contract Agreement after Change Orders = $211,526,017.00
Net Increase to date = $505,017.00
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action. The transfer from contingency was omitted from the
Administrative Report for Contract Change Order 1. Therefore, staff recommends transferring $505,017
(Change Orders 1 and 2) from contingency to fund the Change Orders.
G:\GROUPDATWDMINRPT\2008\10-08\CCO 2 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
AC
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!~ ADMINISTRATIVE REPORT
c'~LI 0
MEETING DATE October 08, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~;
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: September 5, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
v~
CITY MANAGER
SUBJECT: Contract Change Order No. 2 to Contract No. 07-402 with Parsam Construction, Inc. in the amount of
$80,237.77, (revised total not to exceed $840,822.517), for the project known as CBK - 47 8~ 49 Block Pump Houses,
in the vicinity of Pennsinger Road & Buena Vista Road, and Panama Lane 8 Progress Road. (Wards 4 & 6)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The two new CBK 47 & 49 domestic water wells currently under construction include block
pumphouses, new P.G.& E. service and meter panels, new pumps and motors, critical for supplying southwest
Bakersfield water demands. In the interest of attaining efficient pumping operations the specifications for the pumps
and motors were revised at additional costs. In addition, this change order provides for facilities upgrades to current
required specifications, and reimbursement for 2 magnetic flow meters specified to be supplied by the City of
Bakersfield which were contractor supplied and installed. Due to a design error, California Water Service has agreed
to reimburse the City of Bakersfield in the amount of $15,511.80 for P.G. & E. required modifications of the meter
panels.
7
Original contract amount of :......................................................................................... $ 55,500.00
Change Order #1 amount of :.......................................................................................... $5,084.74
80 2
Change Order#2 amount of :......................................................................................... $ 37.77
8
Total to Date :............................................................................................................ $ 40,822.51
S:~2008 ADMIN REPORTSWdmin0002 Parsam 07-402 09-05-2008.doc
A
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ADMINISTRATIVE REPORT
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I
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 22, 2008
PROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 3 to Agreement No. 08-039 with V Lopez and Sons, Inc.
($18,154.55 for a revised not to exceed amount of $840,922.95) for the project
known as Streetscape and Storm Drain Improvements 19'h Street at Eye Street.
(Ward 2)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: This project provides for installing decorative concrete and lighting as well as storm
drain facilities at the intersection of 19th Street and Eye Street. This will replace aged and deteriorated
roadway, sidewalk and street lighting with decorative streetscape features as well as improving the street
drainage in this area.
During construction of the project, PG&E changed the point of service location for the new electrical
facilities for this project. This change will result in additional conduit, primary power wiring, changing of
ballasts, upgrading the power pedestal, additional asphalt concrete trenching and patching, as well as
additional concrete removal and replacement. The contractor has agreed to do this additional work for the
lump sum price of $18,154.55.
This is the third change order to be submitted for this project. This change order will increase the project
total by $18,154.55. The change orders to date on this project reflect a net increase of $61,113.65 (which
is an increase of 7.8% of the original contract amount) as illustrated below:
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
$779,809.30
_ $840,922.95
_ $ 61,113.65
September 23, 2008, 2:20PM
G:\GROUPDATWDMINRPT12008\CCO 3 19th and Eye Streetscape.doc
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
September 25, 2008
DEPARTMENT HEAD
CITY ATTORNEY ~~"
CITY MANAGER ,~S'
Accept bid from Jim Burke Ford, Bakersfield, in the amount of $89,226.98 for one (1)
replacement 19,000 GVW service truck for the Water Resources Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing one (1)
replacement 19,000 GVW service truck for the Water Resources Department. Five (5) bids were received
and met all minimum specifications. In accordance with Bakersfield Municipal Code Section 3.20.060 to
award bids resulting in the lowest possible net cost to the City, staff recommends applying the 1 % local
sales tax policy to Jim Burke Ford's bid proposal. A one percent (1%) local preference will be extended to
those businesses located within the City of Bakersfield city limits. The 1 % Local Preference is based on
the amount of local sales or use tax that will be received by the City of Bakersfield.
Five (5) acceptable bids were received in response to solicitation and are as follows.
BIDDER
Jim Burke Ford
Bakersfield, Califomia
Downtown Ford Sales
Sacramento, California
Theodore Robins Ford
Costa Mesa, California
San Francisco Ford
San Francisco, California
Reynolds Buick/Pontiac/GMC
Covina, California
AMOUNT
$89,226.98 ($90,066.89 less 1 % sales tax)
$89, 673.25
$89,923.65
$90, 268.49
$98,478.48
The Service Truck is for the Water Resources Department and is replacing a vehicle purchased in 1992
with an expected life of ten (10) years, which has now been in service for sixteen (16) years.
Purchasing Division
Kb
S:IPURCHVIDMIM19,000 GVW Service Truck, 08-09-17, October 8, 2008.doc
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, ~ _
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 25, 2008
CITY ATTORNEY >~G
CITY MANAGER !~
SUBJECT: Accept bid from Jim Burke Ford in the amount of $71,215.74 for three (3) replacement four-
door police special sedans and $23,359.99 for one (1) replacement four-door police special
administration sedan for the Police Department. Total $94,575.73. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing four-door
police special sedans to be used by the Police Department. During the course of bidding, an addendum
' was processed requesting the additional pricing option for afour-door police special administration sedan.
The bid received from Theodore Robins Ford, Costa Mesa, California did not acknowledge receipt of the
addendum, and therefore their pricing for the administrative sedan is not available.
The two (2) bids received in response to solicitation are as follows.
FOUR DOOR
FOUR DOOR pOLICE SPECIAL
BIDDER POLICE SPECIAL ADMINISTRATION
SEDAN SEDAN
Jim Burke.Ford
I
Bakersfield, Califomia ; $23,738.58 . $23,359.99
Theodore Robins Ford
~
Costa Mesa, California $26,402.34 N/A
Staff finds the bid submitted by Jim Burke Ford to be acceptable.
APPROVED
DEPARTMENT HEAD
Purchasing Division
S:IPURCHWDMIN~Four-Door Police Special Sedans, 08-09-16, October 8, 2008.dx
September 25, 2008
A
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: \ a ~ .~:..~ . ''
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 18, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~~
CITY MANAGER ,~.5
SUBJECT: Accept bid from Gibbs International, Incorporated in the amount of $613,175.63 for three (3)
replacement sewer cleaner jet rodder trucks for the Public Works Department Street
Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing three (3)
replacement sewer cleaner jet rodder trucks for the Streets Division.
Five (5) bids were received in response to the solicitation. During review of the bid proposals, one of the
five (5) bids (Haaker Equipment Company) was found to be unacceptable in multiple areas. Most
significantly, the bid specified a 12-year warranty for the tank; the bid offered cone-year warranty plus a 9-
year conditional warranty. These trucks are intended for City use for at least 12 years and the warranty is
a significant issue for the City. In addition to the warranty issue, the Haaker Company bid a smaller water
pump with less pressure than the bid specifications requested.
Four (4) acceptable bids were received in response to solicitation and are as follows.
BIDDER AMOUNT
Gibbs International, Inc. $613,175.63
Bakersfield, California
Golden State Peterbilt $620,941.43
Bakersfield, California
Bakersfield Truck Center $622,991.78
Bakersfield, Califomia
Municipal Maintenance Equipment, Inc. $637,100.52
Sacramento, California
The sewer cleaning, jet rodder trucks that are due for replacement were purchased in 1996 and 1997 with
a ten (10) year life expectancy and, will be in operation for twelve or thirteen years by the time
Purchasing Division
Kb
S:~PURCHWDMIMSewer Cleaner Jet Rodder Truck, 08-09-06, October 8, 2008.doc
ADMINISTRATIVE REPORT
replacements are in service.
During the last year operation cost for repairs have increased and these units will require major engine
repairs and the addition of diesel pollution control devices if they are left in service beyond the schedule
proposed above (approximately $25,000 per unit).
These trucks are used in the Streets Division, Sewers section to clean, maintain, unclog City sewer lines
and are used during emergency situations. Staff finds the bid from Gibbs International, Incorporated,
Bakersfield, California to be acceptable and recommends award of the bid.
Purchasing Division
Kb
S:~PURCHWDMIMSewer Cleaner Jet Rodder Truck, 08-09-06, October 8, 2008.doc
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° ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 a . '
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 24, 2008
CITY MANAGER ,~S
Accept bid and award contract to Carvalho Construction Inc. ($549,999.00) for the Park at
River Walk Maintenance Facility (Ward 4).
APPROVED
DEPARTMENT HEAD ~,~,~~C,~.-
CITY ATTORNEY ~%'~/'~
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project includes construction of a maintenance facility located in the Park at River
Walk. The facility includes an office, restroom, storage room and covered/gated storage for equipment.
The facility will be used as a staging area by Recreation and Parks for their landscape maintenance at the
Park at River Walk and the adjacent neighborhood parks. In addition, the facility will be used for a staging
area for major events at the Park at River Walk amphitheater. There are sufficient funds budgeted to
award this contract. The Engineer's estimate for this project was $550,000.
On September 10, 2008, seven acceptable bids were received as follows:
Carvalho Construction Inc. (Out of Town) in the amount of $549,999.00
540 Doverlee Drive
Orcutt, CA 93455
Wallace and Smith Contractors (County) in the amount of $600,398.00
3325 Landco Drive
Bakersfield, CA 93308
Brown 8~ Fowler Construction Inc. (City) in the amount of $642,000.00
3008 Antonio Avenue
Bakersfield, CA 93308
Piper & Devries Inc. (County) in the amount of $663,000.00
16500 Barton Lane
Bakersfield, CA 93314
S.C. Anderson Inc. (County) in the amount of $704,000.00
2160 Mars Court
Bakersfield, CA 93308
SPntPmhr±r ~Fi ~(1(1R R•11AM
ADMINISTRATIVE REPORT
JTS Construction (City) in the amount of
7001 McDivitt Dr, Suite B
Bakersfield, CA 93313
Klassen Corporation (City) in the amount of
2021 Westwind Drive
Bakersfield, CA 93301
NF design
P7C719
$715, 000.00
$716,500.00
RantPmhPr 7F ~~~R R•11AM
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar '
ITEM: N~ . K . ~'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 4, 2008
APP OVED
DEPARTMENT HEAD
~~
CITY ATTORNEY
CITY MANAGER ,t°S'
Traffic Signal and Lighting System Installation at the Intersection of Brimhall Road and
Verdugo Lane (Ward 4):
1. Accept bid and award contract to Woeste Electric, Inc ($134,256.95).
2. Appropriate $15,000 Transportation Development Fund Balance to the Public Works
Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of
appropriation.
BACKGROUND: This project consists of installation of a complete traffic signal and lighting system,
modification of pavement markings and striping, and reconstruction of access ramps to meet current
American with Disabilities Act (ADA) requirements. This project is funded entirely with traffic impact fees
paid by developers. The Engineers Estimate for this construction contract was $135,000.
An additional appropriation of $15,000 is needed to fund potential change orders, materials testing,
inspection services, and other miscellaneous costs.
On August 27, 2008, three acceptable bids were received as follows:
Woeste Electric, Inc
9435 4th Street
Grover Beach, Ca 93433 in the amount of
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, Ca 93308 (County) in the amount of
A-C Electric Company
315 30"' Street
Bakersfield, Ca 93301 (City) in the amount of
$134,256.95
$135,942.25
$143,367.65
PW/Design Engineering/nsg
September 9, 2008, 1:15PM
G:\GROUPDATWDMINRPT\2008\10-08\T8K141-Traffic Signal at Brimhall Rd_Verdugo Ln.doc
A
ADMINISTRATIVE REPORT
c
1
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 25, 2008
Reject all bids for the Bakersfield Liquefied Natural Gas (LNG)/Compressed Natural Gas
(CNG) Fueling Facility Project (Ward 1).
APPROVED
"~
DEPARTMENT HEAD
CITY ATTORNEY y Q
CITY MANAGER ~'
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: The Bakersfield LNG/CNG Fueling Facility at South Mt. Vemon Avenue and East Planz
Road Project is comprised of two separate projects with separate federal allocations.
The two federal projects are: 1) LNG/CNG Fueling Facility and 2) Various Shoulder Paving Projects. The
Fueling Facility is the second Fueling Station constructed for City LNG/CNG vehicles. Whereas, the series
of shoulder paving projects were designed to construct additional pavement along the edge of various
existing roadways in order to reduce the generation of dust due to passing traffic.
A fire service line necessary for the LNG/CNG Fueling Facility was located within the shoulder paving
portion of work. Due to this overlapping work and the proximity to one another, staff advertised these two
projects as one larger project to realize economies of scale.
On September 16, 2008, the City received one bid from ET Environmental California, Inc. for
$4,202,104.27. The Engineering Estimate for the two projects was $2,025,425. There are insufficient
funds to award this contract.
Therefore, economies of scale were not realized.
Staff will research other available options to decrease the cost including: adjust the scope of work to a
smaller scaled project; and separate the two projects in anticipation of receiving more bids.
On September 16, 2008, one bid was received as follows:
ET Environmental Califomia, Inc.
28245 Avenue Crocker, Ste 101
Valencia, CA 91355 in amount of
(TMA /Design Engineering)
(Q6K103 & T5K155)
$4,202,104.27
September 25, 2008, 10:42AM
G:\GROUPDATWDMINRPT\2008\10-OS\Reject Bid - LNG_LCNG Fueling Facility.doc
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IVE REPORT
~,~ ~,
MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ a , ~r~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
September 18, 2008
APPROVED
DEPARTMENT HEAD DZ-
CITY ATTORNEY
CITY MANAGER
Department of Housing 8 Urban Development HUD, HOME Investment Partnership Action
Plan Amendment No. 5 (FY 07/08). (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to transfer $500,000 in HOME Investment
Partnership (HOME) to create the Kern Regional Center for the Developmentally Disabled-
Homeownership Program. The program proposed by Kern Regional Center will crea#E a homeownership
opportunity for 10 low-income developmentally disabled adults. In addition, funds in the amount of
$343,950 will be transferred to the HUB Downpayment Program.
In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME
annual plan must undergo an amendment process which includes obtaining citizen views and comments
on the proposed change for a period of 30 days. A notice was published on August 23, 2008 requesting
comments and to date no comments have been received.
Staff is proposing the following amendments to HOME activities:
1) Cancel New Construction -Baker Street Housing Component in the amount of $843,950 for
housing development assistance for cost associated with construction of affordable housing for the
Baker Street Village project.
2) Add Housing Urban Bakersfield -Downpayment Assistance in the amount of $343,950 for
downpayment and closing cost assistance for low-income buyers in Downtown, Southeast
Bakersfield and Old Town Kern-Pioneer Project Areas.
3) Create Kern Regional Center for the Developmentally Disabled -Homeownership Program in the
amount of $500,000 for 0% loans up to $40,000 to developmentally disabled low-income persons
to purchase a home located at 609 Taylor Street. Kern Regional Center will administer and
operate this homeownership program.
S:Wdmins\City CouncillCity Council Admins 20081action plan amendment 10-08-2008.doc
9/18/2008 1:30 PM
BA
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ADMINISTRATIVE REPORT
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MEETING DATE: October 8, 2008 AGENDA SECTION: Consent Calendar
ITEM: ` ~~ ~ „
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: September 25, 2008
PROVED
DEPARTMENT HEAD
CITY ATTORNEY 4~,'.-~.~ ~~'~""2- ~~~
v
CITY MANAGER
SUBJECT: Ditch Eradication and Pipeline Easement with R & L Carter Properties, LLC a California Limited
Liability Company; Robert Kevin Witcher and Caryl Ann Witcher, Trustees of the Witcher Family
Trust located west of Patton Way and north of Meany Avenue. (Ward 3)
RECOMMENDATION: Staff has reviewed and recommends City Council approval.
BACKGROUND: The City is the owner of a right of way and easement on the Beardsley Canal K.R.C. & I.
Company One Ditch, this section now exists as an open earthen ditch. A portion of the One Ditch traverses
certain real property owned by R & L Carter Properties, LLC a California Limited Liability Company; Robert
Kevin Witcher and Caryl Ann Witcher, Trustees of the Witcher Family Trust; (Developer),. The Developer
desires to fill in and eradicate said open ditch and substitute a reinforced concrete pipeline. The Developer will
construct the pipeline and when completed the pipeline shall become the property of the City. The original 100
foot canal easement becomes a pipeline easement that is 40 feet wide. The Developer gains additional use of
their property and the City acquires a pipeline facility that requires less maintenance and upkeep.
Septembert 25, 2008
S:\2008 ADMIN REPORTS\Oct8 lditchEradPipeEaseAgrmt.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 17, 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
Will Winn spoke regarding the need to put in place policies
and procedures that will produce a new attitude and
philosophy towards development and growth and submitted
written material.
3. WORKSHOPS
a. Status of Thomas Road Improvement Program
(TRIP) Projects.
Public Works Director Rojas made a Powerpoint
presentation.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 3, 2008
Regular City Council Meeting.
ACTION TAKEN
Payments:
b. Approval of department payments from August 22, ABS WEIR
2008 to September 4, 2008 in the amount of
$20,555,322.76 and self-insurance payments from
August 22, 2008 to September 4, 2008 in the
amount of $179,089.99
Bakersfield, California, September 17, 2008 -Page 2
4. CONSENT CALENDAR continued
Ordinances:
c. First Reading of Ordinance amending Section
17.06.020 (Zone Map No. 122-12) of the Municipal
Code by changing the zoning from P.U.D. (Planned
Unit Development) to R-1/P.U.D. (One Family
Dwelling/Planned Unit Development) on 93.55 acres
located at the northeast corner of White Lane and
South Allen Road (ZC #08-0594 -McIntosh and
Associates representing Castle and Cooke
Development).
Resolutions:
d. 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.
e. Resolution approving application proposing
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 591
consisting of 80.27 acres, located generally north of
Brimhall Road, east of Rudd Avenue, on south side
of Palm Avenue.
f. Purchase of Landscapeforms Decorative Benches
for Mill Creek Linear Park.
Resolution determining that landscapeforms
decorative benches cannot be obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$182,000.
2. Approve the purchase of decorative benches
from landscapeforms in the amount of
$182,000.
g. Purchase of Decorative Street Lights for 34"' Street
Streetscape.
ACTION TAKEN
FR
RES 160-08
RES 181-08
ABS COUCH
RES 182-08
Resolution determining that decorative street RES 183-08
lights cannot be obtained through the usual
bidding procedures and authorizing the
Finance Director to dispense with bidding
therefore, not to exceed $55,000.
4.
Bakersfield, California, September 17, 2008 -Page 3
CONSENT CALENDAR continued ACTION TAKEN
Item 4.g. continued
2. Approve the purchase of decorative street
lights from Consolidated Electrical
Distributors, Inc, Bakersfield in the amount of
$54,618.
h. Radio IP Project.
Resolution determining that a secure source RES 164-OS
of communication between police mobile
data computers, the communications center
and the records management system
(Versaterm) cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore and purchase one
data transfer system from Radio IP, Inc., not
to exceed $310, 000.
2. Independent Contractor's Agreement with AGR 08-146
Radio IP, Inc. (amount not to exceed
$310,000) for Radio IP Software to provide
the Police Department mobile data
computers the ability to communicate over
cellular data networks.
3. Appropriate $738,500 from the Equipment
Replacement Fund balance to the
Information Technology budget within the
Equipment Replacement fund for 211
replacement computers.
Audio/Photo File Management System for the
Bakersfield Police Department.
1. Resolution determining that a digital file RES 165-08
management system that stores and
manages both digital photo and audio files
cannot be reasonably obtained through the
usual bidding procedures, and authorizing
the Finance Director to dispense with bidding
therefore and purchase one Digital
Information Management Systems (DIMS)
from Linear Systems not to exceed $75,000.
2. Agreement with Linear Systems AGR 08-147
($71,657.54) to purchase DIMS.
Bakersfield, California, September 17, 2008 -Page 4
4. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
Amendment No. 2 to Agreement No. 07-098 with AGR 07-098(2)
Gregory B. Bragg & Associates assigning its interest
to York Insurance Services for liability claims
administration.
k. Amendment No. 2 to Agreement No. 04-380 with AGR 04-380(2)
Dokken Engineering ($19,000; revised not to
exceed $622,700) for additional engineering,
construction documents, and field work for the Allen
Road Bridge over Kern River Project.
Amendment No. 2 to Agreement No. 07-194 with
Lim & Nascimento Engineering Corporation
($66,896; revised not to exceed $368,896) for
construction management services for the
eastbound to southbound on-ramp reconstruction at
White Lane at State Route 99.
m. Agreements to purchase real property located on
the east side of Mohawk Street south of the BNSF
railroad for Westside Parkway:
1. Kerminette S. Bonney for $23, 821.26
2. Charles W. Bozarth and Anne Lane Bozarth,
Trustees for $43,250.00
3. Charles B. Randall for $5,169.72
4. Marshall Plan, LTD for $21,625.00
5. Annetta C. Lee for $23,821.26
6. Optimists Boys Home and Ranch for
$36,492.16
7. Judy Shultis Steffens for $9,478.09
n. Agreement with County of Kern regarding
annexation of the fairgrounds property.
o. Agreement with Dresser Services, Inc. ($75,000) to
provide on-call asbestos survey report services for
Capital Improvement Projects for fiscal years 2008-
09 through 2010-11.
AGR 07-194(2)
AGR 08-148
DEED 6943
AGR08-149
DEED 6944
AGR 08-150
DEED 6945
AGR 08-151
DEED 6946
AGR 08-152
DEED 6947
AGR 08-153
DEED 6948
AGR 08-154
DEED 6949
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 08-156
Bakersfield, California, September 17, 2008 -Page 5
4. CONSENT CALENDAR continued
ACTION TAKEN
p. Contract Change Orders Nos. 4 - 14 to Agreement AGR 07-193 0004,
No. 07-193 with Griffith Company ($153,868.35; 0005, 0006, 0007,
revised not to exceed $168,363.35) for the 0008, 0009, 00010,
eastbound to southbound on-ramp reconstruction at 00011, 00012, 00013,
White Lane at State Route 99. 00014
q. Contract Change Order No. 21 to Agreement No. AGR 07-304 00021
07-304 with Security Paving Construction
($30,462.50; revised not to exceed $29,443,829.64)
for the State Route 178 and Fairfax Road
Interchange Project. (TRIP)
Bids:
r. Accept bid to award contract to Griffith Company AGR 08-157
($230,949) for street improvements (right turn
channelization) on Mt. Vernon at State Route 178.
s. Accept bid to award contract to Belaire-West AGR 08-158
Landscape, Inc. ($518,893) for the construction of
the streetscape improvements on 34'h Street from
"Q" Street to Union Avenue.
t. Traffic Signals and Lighting System Installation on
Auburn Oaks Drive and Fairfax Road.
Accept low bid and award contract to A-C AGR 08-159
Electric Company ($131,295) for the project.
2. Appropriate $40,000 from the Transportation
Development Fund balance to the Public
Works Department's Capital Improvement
Budget.
u. Accept bid from Mid-State Precast, LP ABS COUCH
($106,123.88) for precast weir panels for Mill Creek
Linear Park Project Phases 4 & 5.
v. Accept bid from Lortz Manufacturing ($203,862.95) ABS COUCH
for miscellaneous metal fabrication for weir
construction for Mill Creek Linear Park Project
Phases 4 & 5.
w. Accept bid from Structure Cast ($427,927.50) for ABS COUCH
precast bridge arch units for Mill Creek Linear Park
Project Phases 4 & 5.
Miscellaneous:
x. Revised job specification for Construction
Superintendent.
4.
5.
Bakersfield, California, September 17, 2008 -Page 6
CONSENT CALENDAR continued ACTION TAKEN
y. Grant of temporary construction easement to DEED 6952
Southern California Gas to relocate a natural gas
pipeline adjacent to Mohawk Street extended.
z. Department of Housing & Urban Development HUD,
HOME Investment Partnership Action Plan
Amendment No. 2 (FY08/09), Amendment No. 4
(FY 07/08), Amendment No. 7 (FY 04/05)
Amendment No. 8 (FY03/04) and Amendment No.
12 (FY 00/01).
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on ftem 4.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income,
on items 4.f., 4.u., 4.v. and 4.w.
Motion by Vice-Mayor Hanson to approve Consent q ppROVED
Calendar items 4.a. through 4.z. with the removal of 4.n.
for separate consideration.
n. Agreement with County of Kern regarding AGR 08-155
annexation of the fairgrounds property.
Motion by Councilmember Couch to approve Consent APPROVED
Calendar Item 4.n. and asked staff to send a letter,
through the Mayor or the City Manager, to County staff
or County Supervisors thanking them for their support
in this matter.
CLOSED SESSION
a. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9.
Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED
Session at 5:40 p.m.
Motion by Councilmember Couch to adjourn from APPROVED
Closed Session at 6:02 p.m.
Bakersfield, California, September 17, 2008 -Page 7
RECONVENED MEETING - 6:35 p.m. ACTION TAKEN
6. ROLL-CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None
7. INVOCATION by Pastor Tom Touchstone -Valley Bible
Fellowship.
8. PLEDGE OF ALLEGIANCE by Camille Wood, 8th Grade
Student -Heritage Christian School.
Mayor Hall recognized the Bakersfield College
Political Science Class and the Ridgeview High
School Government Class in attendance at the
meeting.
9. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b)(1)(3)(A) of Government Code Section 54956.9.
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Stacy
Crooks and Jennifer Henry, proclaiming October
2008 at "Paint the Town Pink Month".
Stacy Crooks and Jennifer Henry, representing
Links for Life, accepted the Proclamation, and Ms.
Henry made comments and submitted written
material.
b. Presentation by Mayor Hall of Proclamation to
Aaron Markovits, proclaiming October 2008 as
"Disability Employment Awareness Month".
Aaron Markovits, from Kern Regional Center,
accepted the Proclamation and made comments.
11. PUBLIC STATEMENTS
a. Bob Lerude, Kern County Parks and Recreation
Department, spoke in support of the collaborative
efforts by the Bakersfield Police Department in
eradicating some of the problems occurring in the
Panorama Park area; he also thanked Dianne
Hoover, Recreation and Parks for her efforts in
resolving some of the issues.
Bakersfield, California, September 17, 2008 -Page 8
11. PUBLIC STATEMENTS continued
b. Louis Vegas spoke in support of creating tow-
away zones from 10:00 p.m. until 5:00 a.m. in the
parks, and announced that he is introducing an
initiative called ACT (Active Citation and Towing),
which will allow law enforcement a broader range of
investigations of subjects in the various parks.
Councilmember Weir referred the matter of a
tow-away zone to the Legislation and Litigation
Committee for consideration of adopting an
ordinance for the Panorama Drive area.
c. LaQuette Milner, Director of LQ's Performing Arts
Center, asked for the removal of a bench in front of
the Center's building at 1300 19"' Street, and she
announced a fundraising event on October 11th to
benefit the Center and provided handouts.
Councilmember Benham referred the issue of
the bench removal to staff to determine if it's
appropriate to do so.
12. APPOINTMENTS
None.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a. Public Hearing to consider PG & E Franchise
Renewals.
ACTION TAKEN
1. First Reading of Ordinance granting to FR
PG 8~ E a franchise for distributing electricity
within the City.
2. First Reading of Ordinance granting to FR
PG 8 E a franchise for distributing gas within
the City.
Assistant City Clerk Gafford announced
correspondence was received with one in support
and seven in opposition.
Bakersfield, California, September 17, 2008 -Page 9
14. HEARINGS continued
Item 14.a. continued
Assistant City Manager Stinson made staff
comments and recommended approval of a one
percent of gross annual sales for electricity for an
indeterminate term, that the City proceed with the
application to the PUC of the additional one percent
surcharge for electricity and gas, and that any
additional surcharge revenue would be earmarked
for road and highway projects.
City Manager Tandy made additional staff
comments regarding the issue of roads and
highways as it relates to the PG&E franchise for
electricity.
Hearing opened at 7:16 p.m.
Teny Arnold, Mack Wimbish, Dennis Reagan, Steve
Toll, Kevin O'Neill and Tom Parks spoke in
opposition to the one percent surcharge for
electricity.
Brent Rush, with PGBE, and Jim Baldwin, with
BARC, spoke in support of the franchise ordinances.
Debbie Moreno, President and CEO of the Greater
Bakersfield Chamber of Commerce, spoke in
support of the franchise agreement and stated, for
the record, that the Chamber does not have a
position on the proposed surcharge.
Michael Tumipseed, with the Kern County
Taxpayers Association, spoke in support of the
extension of the franchise agreement and bringing
the basic fee in line with adopted standards
statewide, but opposes the surcharge without a vote
by the citizens.
ACTION TAKEN
Hearing closed at 7:46 p.m.
Bakersfield, California, September 17, 2008 -Page 10
14. HEARINGS continued
Item 14.a. continued
Motion by Vice-Mayor Hanson to accept staff's
recommendation for First Reading of the
Ordinance granting to PGBE a franchise for
distributing electricity within the City of
Bakersfield and the First Reading of the
Ordinance granting PGBE a franchise for
distributing gas within the City of Bakersfield,
and also taking steps to earmark the new
revenue money of 7 percent surcharge plus the
additional half percent fee for the roads
programs.
Councilmember Weir offered a frfendly
amendment that at some time in the future it
maybe necessary for staff and Council to
reconsider a sunset provision for the surcharge.
Motion by Vice-Mayor Hanson to accept staff s
recommendation for First Reading of the
Ordinance granting to PGBE a franchise for
distributing electricity within the City of
Bakersfield and the First Reading of the
Ordinance granting PGBE a franchise for
distributing gas within the City of Bakersfield,
and also taking steps to earmark the new
revenue money of 1 percent surcharge plus the
additional half percent fee for the roads
programs, and that at some time in the future it
maybe necessary for staff and Council to
reconsider a sunset provision for the surcharge.
b. Public Hearing to consider Resolution to authorize
the Redevelopment Agency to sell 3.8 acres of real
property located at 1401 "S" Street for $660,000 to
Chelsea Investment Corporation for the
development of 70 affordable multi-family
apartments as phase I of the South Mill Creek Mixed
Use Redevelopment Project.
1. Resolution approving the sale of 3.8 acres of
Real Property located at 1401 "S" Street by
the Redevelopment Agency to Chelsea
Investment Corporation for $660,000.
ACTION TAKEN
APPROVED
NS BENHAM, COUCH
RES 166-08
Bakersfield, California, September 17, 2008 -Page 11
14. HEARINGS continued
Item 14. b. continued
2. Assignment Agreement with the
Redevelopment Agency for the use of $1.0
Million in HOME Investment Partnership
Funds for constructing 70 affordable multi-
family units at 1401 "S° Street with Chelsea
Investment Corporation.
Assistant Economic Development Director Bernhard
made staff comments.
Hearing opened at 9:53 p.m.
No one spoke.
Hearing closed at 9:53 p.m.
Motion by Councilmember Benham to adopt the
Resolution, approve the sale of real property
and approve the Assignment Agreement.
c. Public Hearing to consider the Metropolitan
Bakersfield Regional Transportation Impact Fee,
Phase IV.
1. Resolution adopting the 2008-2035 Regional
Transportation Facilities List Phase IV, and
adopting nexus.
2. First Reading of Ordinance amending
Chapter 15.84 of the Municipal Code relating
to a Transportation Impact Fee on new
development.
Civil Engineer Shaw initiated a Powerpoint
presentation and made staff comments.
Bob Scales, consultant with Parsons, provided
comments regarding the Kern COG Model Update.
John Shuler, with Rutgers-Shuler, provided
comments regarding the project list and cost
determination.
Administrative Analyst Teglia provided comments
regarding public outreach.
Public Works Director Rojas made staff comments.
ACTION TAKEN
AGR 08-160
APPROVED
AB COUCH
RES 167-08
FR
City Manager Tandy made staff comments.
14.
Bakersfield, California, September 17, 2008 -Page 12
HEARINGS continued ACTION TAKEN
Item 14.c. continued
Hearing opened at 10:42 p.m.
Dennis Fox spoke in opposition to the staff
recommendation.
Debbie Moreno, President and CEO of the Greater
Bakersfield Chamber of Commerce, spoke in
opposition and submitted a Resolution.
Chris Austin, Developing and Planning Group
representing the HBA of Kern County, spoke in
opposition and submitted a Resolution.
Craig Pope, Kern County Road Commissioner,
spoke in support of the staff recommendation.
Hearing closed at 10:52 p.m.
Councilmember Scrivner requested the
Planning and Development Committee look at
the feasibility of impaneling a citizens advisory
task force to monitor the TIF program.
Councilmember Scrivner referred to the
Planning and Development Committee the issue
of staff providfng contingency plans for funding
scenarios related to the TRIP projects.
Councilmember Scrivner referred to the
Planning and Development Committee the issue
of Identifying new sources of revenue that are
able to offset the TIF fund.
Councilmember Weir requested the Planning
and Development Committee look at the
feasibility of providing audits on the TIF
program, as well as semi-annual reports on the
TIF revenues and expenses by project
Motion by Vice-Mayor Hanson to adopt the APPROVED
Resolution and give first reading to the NS COUCH
Ordinance. AB BENHAM
Bakersfield, California, September 17, 2008 -Page 13
14. HEARINGS continued
d. Public Hearing to consider Resolution authorizing
the City to join the Statewide Community
Infrastructure Program (SCIP); authorizing the
California Statewide Communities Development
Authority to accept applications from property
owners, conduct special assessment proceedings
and levy assessments within the territory of the City;
approving the form of acquisition agreement for use
when applicable; and authorizing related actions.
Finance Director Smith made staff comments.
Hearing opened at 11:56 p.m.
Nick Ortiz, Greater Bakersfield Chamber of
Commerce, asked for staff clarification.
City Manager Tandy responded.
Hearing closed at 11:58 p.m.
Motion by Vice-Mayor Hanson to adopt the
Resolution authorizing the City of Bakersfield to
join the Statewide Community Infrastructure
Program.
15. REPORTS
None.
16. DEFERRED BUSINESS
17.
18.
None.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Vice-Mayor Hanson asked Public Works Director Rojas
to report back to him regarding the Kroll Park situation.
Vice-Mayor Hanson referred to stafif a lefter from the
City of Anaheim's Mayor regarding issues or
opportunities with employee benefits health programs
and exclusive care.
ACTION TAKEN
RES 168-08
APPROVED
AB BENHAM
Councilmember Sullivan announced that Councilmember
Scrivner is having another boy.
Bakersfield, California, September 17, 2008 -Page 14
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced Louis Peralez, Street Maintenance
Superintendent, celebrated 40 years of City service on
September 10th; Captain Bob Bivens of the Police
Department, on September 6h', celebrated 20 years; and
Assistant Police Chief Lyle Martin, on September 6th
celebrated 20 years, and thanked these employees for 80
years of City service.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 12:02 a.m.,
September 18, 2008.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield