HomeMy WebLinkAbout12/17/08_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
DECEMBER 17, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Ragular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - x:15 p.m.
1. ROLL CALL
2. INSTALLATION
a. Resolution Flo. 207-08 declaring the results of the General Municipal Election for election of
Councilmertber for Wards 2, 5, & 6, held in the City of Bakersfield on November 4, 2008.
Staff recommends adoption of resolution.
b. Administratitan of Oath of Office. (Reception to followin lobby)
CLOSED SESSION
a. Conference With Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding Henry J. Parson, Jr., et al v. City, et al.
b. Conference With Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding Perez, MAP (Miguel Angel Perez), et al
v. City.
c. Conference With Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) t~f Government Code Section 54956.9. (One matter)
d. Conference With Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(C) of Government Code Section 54956.9. (One claim)
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
5. INVOCATION by Fairer Perry Kavookjian from St. Elizabeth Ann Seton's Catholic Church.
6. PLEDGE OF ALLECafANCE by Matthew Schweikart, First Grade at Rio Bravo-Greeley School.
7. CLOSED SESSION ACTION
8. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement plaques and gift certificates to Frank Errecalde,
Conchita Walker, Stephen Walker and John Leon.
9. PUBLIC STATEMENT'S
10. APPOINTMENTS
a. One appointment to the Fire Civil Service Board due to the expiration of term of Dr. Ronald
Eaves, terrri Oxpires December 31, 2008.
Staff recommends t>ouncil determination.
10. APPOINTMENTS continued
b. Four (4) appointments to the Keep Bakersfield Beautiful Committee due to
the expiration of terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David
Taylor (Ward 5) and Patrick Frase (Ward 6) whose terms expired November 2008.
Staff recommends council determination.
c. Two (2) appointment to the Miscellaneous Civil Service Board due to the expiration of terms
of Gregory J: Klimko and Dr. B. J. Moore, term expiring December 31, 2008.
Staff recommends t~ouncil determination.
d. One appoinitnent to the Police Civil Service Board due to the expiration of term of Kenneth
E. Vetter, term expiring December 31, 2008.
Staff recommends council determination.
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 19, 2008, Regular Council Meeting.
Payments:
b. Approval of department payments from November 7, 2008 to December 4, 2008 in the
amount of $0,542,042.98 and self-insurance payments from November 7, 2008 to
December ~; 2008 in the amount of $401,911.17.
Ordinances:
c. First Reading of the following Ordinances:
Amending Section 2.40.050 Subsection A relating to Powers and Duties of Director
and Assistant Director of Emergency Services.
2. Amending Section 17.64.060 Subsection E relating to Modifications and Conditional
Use I~ermits.
3, Amending Section 15.66.030 Subsections A.3.b.iii and C.1 relating to drilling for and
prodOction of Petroleum Permits, and Section 15.66.040 Subsections C.2, C.3 and
C.7.ki relating to development standards for Class 1 Permits.
4. Deleting Section 17.68.020 Subsection G relating to Unreinforced Masonry Buildings.
(Ward 7>' d. Adoption of ordinance amending Section 17.06.020 (Zone Map 143-06) of the Municipal
Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone
on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres
located at the southwest corner of Taft Highway and Chevalier Road (ZC #08-0491 -
Moreland Consulting Inc. representing Mid Town Development). (FR 11/19/08)
(Ward 2) e. Adoption of ordinance amending Section 17.06.020 (Zone Map No. 103-19) of the
Municipal Code by changing the zoning from PCD (Planned Commercial Development) to
revised PC6 on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of
Union Avenue (ZC #08-0595 -Hughes Surveying representing Sigford Investment, LLC). (FR
11/19/08)
'upon annexation
2 City Council Meeting of 12/17//2008
11. CONSENT CALENDAR continued
(ward ~) f. Adoption of ordinance approving Negative Declaration and amending Section 17.06.020
(Zone Map 124-30) of the Municipal Code by changing the zoning from R-1 (One Family
Dwelling) to p-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 8.14
acres, located at the northeast corner of Monitor Street and Hosking Avenue. (ZC 08-0726 -
Mclntosh ano Associates, representing Trend Capital Group, the property owner) appealed
by McIntosh and Associates. (FR 11/19/08)
(ward ~>• g. Adoption of ordinance approving Negative Declaration and amending Section 17.06.020
(Zone Map 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to R-
1-CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres located
between the 99 Freeway and Ellashosh Street, south of McKee Road. (ZC 08-1036 -Marino
& Associates representing Citygate Christian Center). (FR 11/19/08)
(ward s>• h. Adoption of ordinance approving Negative Declaration, denying the appeal, and amending
Section 17.C)f0.020 (Zone Map 123-02) of Municipal Code by changing the zoning from R-S
(Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres
(10,384 squire feet), located at the northeast corner of Belle Terrace and Fiorito Street. (ZC
08-1044 Delmarter and Deifel representing Troy and Wilma Chastain). (FR 11/19/08)
(Ward 3) i. Adoption of ordinance approving Negative Declaration and amending Section 17.06.020
(Zone Map X04-07) of the Municipal Code by changing zoning from A (Agriculture) to M-1
(Light Manufiacturing) on 47 acres and A to R-2 (Limited Multi-Family Dwelling) on
approximately 14 acres, generally located at the northeast of Morning Drive and Paladino
Drive (ZC 0(3=1168 - Trimco, LLC) (FR 11/19/08)
(wards & ~)• j. Adoption of Ordinance approving Negative Declaration, amending Title 17 of Municipal Code
and amending Zoning Map 142-03 from R-1 (One Family Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on 18.53 acres, generally located at the
southwest dt`rner of Taft Highway (SR 119) and Stine Road. (ZC 07-1806 -Scott Underhill
and Mark Sftiith) (FR 11/19/08)
Resolutions:
(ward ~) k. Sewer Connt~ction Fee Assessments:
Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Barbara Allen Steele, 2605 Bernice Drive, to pay sewer connection
fee iii installments and notice of special assessment lien.
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.
'upon annexation
3 City Council Meeting of 12/17//2008
11. CONSENT CALENDdR continued
(Ward 6) m. Exchange of Real Property
Resolution declaring real property located at 2847 Van Buren Place surplus to needs
of tha City.
2. Agreement with Christ Cathedral Church to exchange city property for a sump within
Tentative Tract 6921 located north of Rosedale Highway and west of Allen Road.
(Ward 3) n. Sale of Real Property
Resolution declaring real property located north of Mall View Road, east of the East
Hills Mall surplus to needs of the City.
2. Agreement with Gardens at East Hills, LLC ($196,000.00) to purchase property
located north of Mall View Road, east of the East Hills Mall.
3. Amendment No. 1 to Agreement No. 08-025 with Gardens at East Hills Mall, LLC and
Irv Guinn Construction
o. Resolution adopting the Investment Policy of the City.
p. Purchase of Hazardous Materials Response Vehicle with combination of federal grant funds
and City furt~s:
1. Resolution determining that the Hazardous Materials Response Vehicle cannot be
reasonably obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $546.234.00.
2. Appropriate $500,000.00 federal grant revenue (Homeland Security) and appropriate
$46,34.00 Equipment Management Fund balance to the Public Works Department
Operating Budget within the Equipment Management Fund for the purchase of the
Hazardous Materials Response Vehicle from Pierce Manufacturing Inc.
q. Memorand~lrri of Understanding between City and County of Kern:
Resolution determining that the City Manager, or his designee, is appointed as agent
authorized to execute any actions necessary for the purpose of obtaining federal
financial assistance provided by the Department of Homeland Security and sub-
granted through the State of California to the County of Kern and through the County
of Kern to the City of Bakersfield.
2. Approval of Memorandum of Understanding between the City and the County of Kern
- Hol~ieland Security grant funding agreement for equipment, software, training,
planning or other professional services that require contractual waivers of liability,
mutu€a<I indemnification or other restrictive contractual requirements.
(ward 2 & 7> r. Resolutions forming the following Traffic Signal Maintenance Districts and preliminarily
adopting, confirming and approving the Public Works Director's Report:
1. Area TS-18 (NW corner of S. "H" Street and Berkshire Road)
2. Area TS-15 (420 34th Street)
(Ward 3) s. Resolution adding Area 4-89 (Mt. Vernon, Bernard NE) 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.
4 City Council Meeting of 12/17//2008
11. CONSENT CALENDAR continued
(Ward 5) t. Resolution ofi Intention No. 1629 adding territory Area 3-66 (Taft Hwy, Old River Rd NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
the Public Works Director's Report.
Agreements:
(Ward 3) u. Final Map acid Improvement Agreement with Bakersfield Scenic River, LLC, for Tract Map
7123 located north of Meany Avenue and east of Coffee Road.
(ward ~) v. Median Island on Hosking Avenue between Zermatt Street and Tract 6368 (Southwest
Corner of Hosking Avenue and Shannon Drive)
1. Agreement with Moreland Family, LLC ($42,000.00) for construction of Median Island
Improvements on Hosking Avenue between Zermatt Street and Tract 6368.
2. Apprtipriate $35,400 developer share of project cost to the Public Works
Department's Capital Improvement Budget within the Gas Tax Fund.
(ward 2) w. Agreement with Nolte Associates, Inc., ($4,193,571.48) for construction management
services for Westside Parkway Phase 1 -Mohawk Extension.
x. Agreement vVith Muxlow Construction ($50,000.00) of Community Development Block Grant
Funds to proi~ide handicap accessibility improvement services to qualified low-income
residents in privately owned structures.
(ward z) y. Purchase real property from Sean Minor and Zachary Forster ($470,717.00) located at 408
and 424 20111 Street for public parking and developing a staging area for Mill Creek and
Central Park:
(Ward 1, 2 & s) z. Agreement with Kern High School District ($50,000.00) for use of aquatic facilities for
practice and swim meets.
(wars a) aa. Traffic Impadt Fee Agreement with Castle & Cooke California, Inc. ($175,012.00 credit) for
improvements on Stockdale Highway.
(ward 2> bb. License Agreement with the North Kern Water Storage District for the construction,
operation, aid maintenance of canal intertie facilities between the Calloway Canal and the
Cross Valley Canal within City owned property.
(wars 2> cc. Reimbursement Agreement with Big West of California, Inc. ($323,000.00) for abandonment
and removal of certain pipeline facilities as part of the Westside Parkway Project.
dd. Amendment No. 1 to Agreement 07-416 with Krazan & Associates, Inc., ($31,500.00; not to
exceed $48,628.75) for material testing services for various construction projects, calendar
years 2008-009.
ee. Amendment No. 1 to Agreement 07-424 with Toter, Inc., ($100,000.00; not to exceed
$397,000.Ob and extending term for one (1) year) for the annual contract for trash carts.
(ward ~> ff. Amendment No. 1 to Agreement 07-175 with HPS Mechanical, Inc. (not to exceed
$401,870.0 and extending term to June 30, 2009) for annual contract -sewer connection
and abandonment.
5 City Council Meeting of 12/17//2008
11. CONSENT CALEND~-R continued
(Ward 2) gg. Amendment No. 1 to Agreement 06-208 with Dokken Engineering (additional $2,272,000.00)
for engineering design services for the Westside Parkway Project Phase IV. (TRIP)
hh. Amendment No. 1 to Agreement No. 06-023 with MuniServices, LLC to expand the scope of
work to include fuel tax and credit recovery services.
(Ward 1) ii. Amendment No. 1 to Agreement No. 08-192 with Bakersfield Senior Center, Inc.
($20,000.00, total not to exceed $85,000.00) of Community Development Block Grant funds
for operational expenses at 530 4th Street.
(ward z, a ~ s> jj. Amendment No. 2 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb,
Dowd & Girt; LLP (total not to exceed $175,000.00) to provide legal services to handle right-
of-way/emirt~nt domain cases for the Westside Parkway.
kk. Amendment No. 2 to Agreement No. 06-345 with Valley Pacific Petroleum Services, Inc.
($4,000,000:00; not to exceed $12,000,000.00 and extending term for one (1) year) to the
annual contri~ct for gasoline and diesel fuel.
(ward a) II. Contract Change Order Nos. 4 - 9 to Agreement 08-062 with Granite Construction
($50,279.50; total not to exceed $8,215.831.50) for the project known as Allen Road
Improvements between Ming Avenue and Stockdale Highway.
(Ward 3) mm. Contract Change Order No. 40 to Agreement No. 07-304 with Security Paving Construction
($74,641.25; total not to exceed $29,606.891.30) for State Route 178 and Fairfax Road
Interchange Project. (TRIP)
Bids:
nn. Accept bids from DDL Traffic, Inc. ($32,845.35), McCain, Inc. ($121,386.07) and Valmont
Industries ($9 32,014.10) for signal equipment.
(Ward s) oo. Accept bid ahd award contract to Granite Construction ($701,268.10) for double left turn lane
construction at the intersection of White Lane at Ashe Road.
(ward z ~ s) pp. Accept bid and award contract to Griffith Company ($1,319,645.00) for resurfacing and
reconstruction of various streets for fiscal year 2007/2008 -Phase I.
(Ward 1, 2 ~ 3) qq. Accept bid ahd award contract to Griffith Company ($1,296,794.00) for resurfacing various
streets for fiscal year 2007/2008 -Phase II.
(Ward 3) rr. Accept bid and award contract to Precision Analytical, Inc. ($183,980.60) to construct the
driveway entrance remodel for the United States Postal Service Hillcrest Carrier Annex
Project.
(warn ~> ss. Accept bid ahd award contract to Water Splash, Inc. ($78,475.68) for Saunders Park Wet
Play Equiprtient.
(ward ~) tt. Accept bid and award contract to A/C Materials, Inc. ($566,599.45) for the construction of
shoulder paying at S. Mt. Vernon Avenue and E. Planz Road.
uu. Accept bid and award contract to Pickinpaugh Concrete Construction, Inc., (not to exceed
$100,000.09) for the annual provision -block wall repair.
6 City Council Meeting of 12/17//2008
11. CONSENT CALENDAR continued
w. Rescind bid award to Bakersfield Truck Center ($297,628.74) for one (1) side loading refuse
truck.
ww. Accept bid from Golden State Peterbilt ($2,557,030.75) for two (2) replacement LNG front
loading refuse trucks and seven (7) LNG side loading refuse trucks (6-replacement, 1-
additional) for the Public Works Department Solid Waste Division.
sward 21 xx. Accept bid ahd award contract to Housley Demolition Excavation ($72,975.00) for the
demolition of 830 California Avenue the former Carriage Masters building.
Miscellaneous:
yy. Audit Reports for fiscal year ended June 30, 2008 (refer to Budget & Finance Comm/ttee):
1. Comprehensive Annual Financial Report (CAFR).
2. Independent Auditors Report -Compliance with contractual requirements relative to
the Bakersfield Subregional Wastewater Management Plan.
3. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of
the pity.
4. Independent Auditors Report - Rabobank Arena, Theater, Convention Center,
Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre.
zz. Fiscal Year X008-09 Budget Reductions
Reduce Council Contingency appropriations in the General Fund Non-
departmental budget by $200,000.
2. Reduce Retiree Health Insurance appropriations in the General Fund Non-
departmental budget by $2,500,000.00.
Staff recommends adoption of Consent Calendar items a through zz.
12. CONSENT CALENDAR HEARINGS
13. HEARINGS
a. Public Hearlrig to consider Resolution adopting the 2007-2008 Regional Transportation
Impact Fee f=acilities List and Fee Schedule, Phase III.
Staff recommends adoption of resolution.
14. REPORTS
7 City Council Meeting of 12/17//2008
15. DEFERRED BUSINESS
a. Report on Recycling Program Issues:
1. The frost of a Feasibility Study for recycling facilities.
2. Possible ways to expand the City's Blue Cart Recycling Program.
Staff recommends receive and file report for future reference.
16. NEW BUSINESS
a. Election of Vice-Mayor.
To be determined by Council.
17. COUNCIL AND MAYf~R STATEMENTS
18. ADJOURNMENT
Respectfully submitted,
~~`> ~~~
Alan Tandy
City Manager
12/11/08 11:05 am
8 City Council Meeting of 12/17//2008
AGENDA HIGHLIGHTS
December 17, 2008 COUNCIL MEETING
REGULAR MEETING - 5:15 g.m.
INSTALLATION
The results of the November 4, 2008 General Municipal Election declaring Sue Benham (Ward 2), Harold
Hanson (Ward 5) and Jacquie Sullivan (Ward 6) elected to the Office of Councilmember, for a full four-
year term, will be certified. The Oath of Office will be administered and a reception will follow in the lobby
of the Council Chambers.
CLOSED SESSION
There will be a conference with legal counsel regarding two cases of existing litigation and two cases of
potential litigation.
CONTINUATION OF REGULAR MEETING - An~roximateiv 6.30 ~ m
Mayor Hall will acknowledge the retirement of several longtime City employees by presenting a plaque
and gift certificate to Frank Errecalde (32'/2 years Public Works), Conchita Walker (22 years Public
Works), Stephen Walker (28'/2 years Public Works) and John Leon (28 years Fire).
APPOINTMENTS
There will be one appointment each to the Fire Civil Service Board and the Police Civil Service Board;
two appointments to the Miscellaneous Civil Service Board; and four appointments to the Keep
Bakersfield Beautiful Committee.
CONSENT CALENDAR
Ordinances
Item 1 ic. 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. Recent amendments to the Municipal Code were made on October 8`h, 2008, but
staff felt that some additional amendments were necessary.
Resolutions
Item 11p. Purchase of Hazardous Materials Response Vehicle with Combination of Federal Grant
Funds and Citv Funds. The City has been granted $500,000 from the Office of Homeland Security for
the purchase of a Hazardous Materials Response Vehicle. The total cost of this vehicle is $546,234 and
will be funded by use of the grant and $46,234 from the City's Equipment Management Fund. This
purchase will replace the City's twenty-year-old Hazardous Materials Response Vehicle. Given the
special nature of this purchase, it cannot be reasonably obtained through normal bidding procedures.
Item 11q. Memorandum of Understanding Between the Citv and the County of Kern. This
Memorandum of Understanding (MOU) is necessary because the County is the designated sub-grantee
for Homeland Security Grants on behalf of the Kern Operational Area, which the City is a part of. This
MOU will facilitate the City's ability to receive Homeland Security Grant funds to support the City's
Hazardous Materials Response and Readiness Project, including the new Hazardous Materials
Response Vehicle.
Agreements
Item 11 w. Agreement with Nolte Associates Inc for Construction Management Services for Westside
Parkwav Phase I -Mohawk Extension in the amount of $4.193.571.48. This contract includes
construction management services for the construction/widening of Mohawk Street from Rosedale
Highway to Truxtun Avenue. This project also includes bridge construction over the Kern River, the
BNSF Railroad and the future Westside Parkway. Based on proposal rankings and subsequent
interviews, Nolte Associates, Inc. was selected as the most qualified to provide the services described.
A total of seven firms responded to the Request for Proposals.
Item 11 y. Purchase of Real Property From Sean Minor and Zachary Forster located at 408 and 424 20tH
Street for Public Parking and Develo ig_ng a Staging Area for Mill Creek and Central Park in the amount of
70 717. On April 2, 2008 the Bakersfield Redevelopment Agency approved a nine month purchase
option agreement for the above mentioned property. The purchase option will expire on January 2,
2009. This property is an integral piece of property that wilt be needed to complete the Mill Creek Plan.
Item i1cc. Reimbursement Agreement with Bia West of California. Inc. for Abandonment and Removal
of Certain Pipeline Facilities as Part of the Westside Parkway Project in the amount of $323.000. The
City is reimbursing Big West for its actual costs to abandon and remove certain pipelines and install
fencing. This is necessary in order to accommodate the construction of portions of the Westside
Parkway.
Item 11gg. Amendment No. 1 to Agreement 06-208 with Dokken Enaineerina for Enaineerina Design
Services for the Westside Parkway Proiect -Phase IV in the amount of $2.272.000. Dokken
Engineering is currently under contract to provide Engineering Design Services (final construction plans)
for the Westside Parkway (WSP) Phase I (including the Westside Parkway/Mohawk interchange). Phase
IV of the WSP is the segment that connects the phase I interchange with Truxtun Avenue. Due to the
relationship of the two projects, it was always the plan to have the same firm provide engineering design
services for both Phases. However, at the time Phase I was awarded, the preliminary design of Phase
IV was not complete and therefore Dokken could not accurately define their scope of work or fee for
Phase IV.
Item 1 iIL
2 0 0. The City has provided Community Development Block Grant (CDBG) funds to the Bakersfield
Senior Center (BSC) since 2002. Due to a reduction in donations, the poor economy and rising costs,
BSC has requested additional CDBG funding assistance to continue providing congregant meals at the
current service rate.
Item 1 ijJ. Amendment No 2 to Agreement No. 07-184 with Outside Counsel. Griswold. LaSalle. Cobb.
Dowd & Gin LLP to Provide Legal Services Related to Right-of-way/Eminent Domain Cases for the
Westside Parkway. These are relatively minor acquisitions needed to build sound walls for the Westside
Parkway (WSP). Some of the homes along this section are in foreclosure and this is the reason normal
negotiations have not been successful. The law firm of Griswold, La Salle was originally selected to
handle six right-of-way/eminent domain matters on behalf of the City for the WSP. This number was
Agenda Highlights -December 17, 2008 Council Meeting
Page 2
increased to ten on February 27, 2008, for a total contract amount of $150,000. It is estimated that the
City will have to obtain five to ten temporary construction easements, through initiation of eminent
domain proceedings, for Phase II of the WSP. The law firm of Griswold, La Salle has agreed to handle
these legal matters for an additional $25,000, thereby making the total contract amount $175,000.
These costs are included as part of the total project and covered by the State Transportation
Improvement Program funds.
Item 11kk. Amendment No. 2 to Agreement No. 06-345 with Valley Pacific Petroleum Services. Inc. For
the Annual Contract for Gasoline and Diesel Fuel. This amendment extends, for one year, the Annual
Contract for gasoline and diesel fuel in the amount of $4,000,000, not to exceed $12,000,000. Valley
Pacific Petroleum Services, Inc. was awarded the Annual Contract on November 15, 2006 for
$4,000,000. This contract included a provision that it is renewable annually thereafter for four
consecutive one-year periods. On November 28, 2007 the contract was renewed at the same rate
($4,000,000 not to exceed $8,000,000) and this action will be the second annual renewal of this contract.
B~$
Item 1100. Accent Bid and Award Contract to Granite Construction for Double Left Turn Lane
Construction at the Intersection of White Lane and Ashe Road in the amount of $701.268.10. This
project consists of modifying existing median islands on White Lane and modifying existing striping on
Ashe Road to accommodate double left turn lanes in all four directions. Additional modification work
related to this project is included. A total of five bids were received.
Item 11pp. Accent Bid and Award Contract to Griffith Company for Resurtacing and Reconstruction of
Various Streets for Fiscal Year 2007-08 - Phase I in the amount of $1.319.645. This project consists of
resurfacing New Stine Road from Wilson Road to Ming Avenue; resurfacing of Oak Street from Brundage
Lane to Truxtun Avenue; and reconstruction of the existing roadway on Pacheco Road from Stine Road
to Akers Road. A total of six bids were received.
Item 11gq. Accept Bid and Award Contract to Griffith Comgany for Resurtacing Various Streets for
Fiscal Year 2007-08 -Phase II in the amount of $1.296.794. This project consists of resurfacing
Universit~r Avenue from Haley Street to Mount Vernon, Q Street from Golden State Highway to 3182
Street, 42 Street from H Street to P Street and Brundage Lane from Chester Avenue to Union Avenue. A
total of six bids were received.
Item 11tt Accept Bid and Award Contract to AC/Materials. Inc. for the Construction of Shoulder Paving
at S. Mt. Vernon Avenue and E. Planz Road in the amount of $566.599.45. This project is in
coordination with a simultaneous water line project within the shoulder and paving limits of the City's
project. The coordination of these two projects minimizes construction efforts. A total of seven bids were
received.
Item i1uu. Accept Bid and Award Contract to Pickinpauah Concrete Construction. Inc. for the Annual
Provision -Block Wall Repair in the amount of $100.000. In August of 2007 a bid solicitation was
processed for the Annual Contract for Block Wall Repair. Unfortunately, no bids were received. In order
to continue repairing damaged block walls, the Recreation and Parks Department processed
departmental agreements with Gonzales Multi Masonry. In October of this year the City made another
attempt to solicit bids for block wall repair and invitations to bid were sent to over eight hundred bidders.
As a result, one bid was received from Pickinpaugh Concrete Construction. Due to recent media
publicity, the City's previous vendor declined to bid on the contract. The unit prices and the new bid are
unfortunately higher than those paid to the previous contractor.
Agenda Highlights -December 17, 2008 Council Meeting
Page 3
Item 11 vv. Rescind Bid Award to Bakersfield Truck Center for One Side Loading Refuse Truck in the
amount of $297.628.74. In a letter dated November 21, 2008, Bakersfield Truck Center has requested to
be relieved of the obligation to supply the refuse truck due to their inability to guarantee delivery of the
awarded item.
Item 11iww. Acceot Bid From Golden State Peterbilt for Two Reulacement LNG Front Loadino Refuse
Trucks and Seven LNG Side Loadins~ Refuse Trucks l6 Replacement. 1 Additional) for the Public Works
Derartment Solid Waste Division in the amount of $2.557.030.75. The refuse trucks to be replaced have
reached their life expectancy and are costing more to operate due to frequent breakdowns. The existing
trucks operate on diesel fuel and the replacements will be LNG powered and will operate cleaner than
those they are replacing. A total of two bids were received.
Item 11xx. Accept Bid and Award Contract to Houslev Demolition Excavation for the Demolition of 830
California Avenue -The Former Carriage Masters Building in the amount of $72.975. This contract is to
demolish the existing vacant and structurally unsound building located at 830 California Avenue. This is
being done to further the Mill Creek redevelopment project which includes new retail, housing and
entertainment amenities. A total of 12 bids were received. This issue may generate questions or
concerns. The Administrative Report and its attachments comprehensively address the issues that are
known to date.
Miscellaneous
Item 11zz. Fiscal Year 2008-09 Budget Reductions. At the November 19, 2008 City Council meeting
the City Manger presented an overview of the City's worsening budget situation, which is a result of
current economic conditions. Due to this situation, staff is recommending that appropriations for the
reserve for unfunded retiree medical insurance liability be reduced by $2,500,000 for FY 2008-09 and
that the Council Contingency be reduced by $200,000 for FY 2008-09. Additional budget reductions are
being processed.
DEFERRED BUSINESS
Item 15a. Report on Recycling Program Issues. Public Works staff will provide a report which has been
prepared to follow up on two different recycling issues previously addressed by the City Council. The
first part of the report will be a response on the cost of a feasibility study for a future recycling facilities
and the second part will focus on the potential to expand the City's Blue Cart Recycling Program.
NEW BUSINESS
Item iea. Election of Vice-Mayor. The City Council will elect one of its members Vice-Mayor. At the
next regular Council meeting in January, the Vice-Mayor will submit nominations for appointments to all
Council Committees and Special Boards.
Approved:
Alan Tendy, City Manager
cc: Department Heads
City Managers File
City Clerk's File
News Media File
Agenda Highlights -December 17, 2008 Council Meeting
Page 4
MEETING DATE: December 17, 2008 AGENDA SECTION: Installation
ITEM: , q, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Counrrc~~il ~~ APPROVED
Pamela A. McCarthy, City Clerk ~'`~ DEPARTMENT HEAD
v
December 1, 2008 CITY ATTORNEY
CITY MANAGER
Resolution No. 207-08 declaring the results of the General Municipal E
election of Councilmember for Wards 2, 5, and 6 held in the City of
November 4, 2008.
for the
field on
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This resolution is required to accept the City Clerk's Certification of the Canvass of Results of the General
Municipal Election held November 4, 2008 as cert~ed by the Kem County Clerk, declaring the following
persons elected to the Office of Councilmember for a full four-year term, commencing December 17, 2008
and expiring in December 2012.
Ward 2: Sue Benham
Ward 5: Harold Hanson
Ward 6: Jacquie Sullivan
PI
December 4, 2008, 11:09AM
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MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session
ITEM: Q. ,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: October 1, 2008
APPROVED
DEPARTMENT HEAD ~/~
CITY ATTORNEY t/~r
CITY MANAGER
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Henry J. Parson, Jr., et al v. City of Bakersfield, et al.
USDC Case No. 1:07-CV-01468-OWW-DLB
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session
ITEM: ~,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: November 7, 2008
APPROVED
DEPARTMENT HEAD l~l~
CITY ATTORNEY ~(~
CITY MANAGER
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Perez, MAP (Miguel Angel Perez), et al. v. City of Bakersfield, et al.
USDC Case No. 1:08-CV-00540-LJO-DLB
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session
ITEM: ~, ~.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: November 24, 2008
APPROVED
DEPARTMENT HEAD !~~
CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: Conference with Legal Counsel -Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
VG:Isc
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session
ITEM: 3,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: November 14, 2008
APPROVED
DEPARTMENT HEAD ~G
CITY ATTORNEY ~~
CITY MANAGER ~s
SUBJECT: Conference with Legal Counsel -Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(C) of Government Code section
54956.9. (One Claim)
VG:Isc
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Javier Lozano, Human Resources Manage~~DEPARTMENT HEAD
November 12, 2008 CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of a Retirement Plaque and $150 Gift Certffic e t Frank
Errecalde, Conchita Walker, Stephen Walker and John Leon.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Frank Errecalde Public Works Sewer Maintainer II, 32'/~ years of service with the City of Bakersfield.
Conchita Walker Public Works Engineer II, 22 years of service with the City of Bakersfield.
Stephen Walker Public Works Traffic Engineer, 28'/~ years of service with the City of Bakersfield.
John Leon Fire Department Engineer, 28 years of service with the City of Bakersfield.
P:WGREEMENTSWdmin Report Retiree Presentations.doc 11/3/2008
MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments
ITEM: , Q
TO: .Honorable Mayor and City Council i'11 ~~ APPROVED
FROM: Pamela A. McCarthy, City Cle~~ DEPARTMENT HEAD Fi'C'
DATE: December 1, 2008 CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: One appointment to the Fire Civil Service Board, due to the expiration of term
of Dr. Ronald Eaves, term expires December 31, 2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the expiration of term of Dr. Ronald
Eaves, whose term expires December 31, 2008. The news release for this recruitment was posted
on October 29, 2008.
Two applications for appointment have been received from the following:
• Dr. Ronald Eaves
• Steven James Steiber
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members, appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Fire Department. All applicants have been encouraged to contact each
councilmember regarding their interest and qualifications. Meetings are held the second Monday of
each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield.
December 2, 2008, 3:15PM
S:1f3ds&Comm18RDA~FIRE~edmin Dec 2008.dot
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MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments
ITEM: /b,
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cle~~ DEPARTMENT HEAD. ~, ~T
DATE: December 9, 2008 CITY ATTORNEY ~~
CITY MANAGER ~-S
SUBJECT: Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of
terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David Taylor (Ward 5) and
Patrick Frase (Ward 6), whose terms expired November 2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there are four vacancies on the Keep Bakersfield Beautiful Committee due to the expiration of
terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Patrick Frase
(Ward 6), whose terms expired November 2008.
Applications for appointment have been received from the following:
• John Enriquez
• Stephen Abbott Montgomery
• David Taylor
• Robert L. Lerude
• Dorothy M. Vokolek
Patrick Frase is no longer a City resident and therefore is not eligible for reappointment.
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight Mayor/Council-appointed members who will take on the responsibility of decision making for the
beautycation program. Terms of office run concurrent with the term of his or the nominating
Councilmember or Mayor, however it is not necessary for a Councilmember to nominate a resident from
his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide-the Council, upon request, written reports on the
activities of the KBBC.
December 9, 2008, 12:40PM
S:18ds8CommUCBBCWdmin Dec 2008.dot
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments
ITEM: /(j, C,
T0: Honorable Mayor and City Council
APPROVED
FROM: Pamela A. McCarthy, City Clerk ~~ DEPARTMENT HEAD
DATE: December 4, 2008 CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: Two appointments to the Miscellaneous Civil Service Board, due to the expiration
of terms of Gregory Klimko and Dr. B. J. Moore, terms expiring December 31, 2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Miscellaneous Civil Service Board due to the expiration of terms
of Gregory Klimko and Dr. B. J. Moore, whose terms expire December 31, 2008. The news release
for this recruitment was posted on October 29, 2008.
Applications have been received from the following:
• Gregory Klimko
• Katerina Lee Bond
• Tom James Dorlis
• Steven James Steiber
Dr. B. J. Moore has not indicated that she wishes to be reappointed.
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of
each month at 3:00 p.m., in Human Resources, Room 127, City Hall North, 1600 Truxtun Avenue,
Bakersfield.
S:~BdsB,CommWIISCCSIadmin Dec 2008.dot
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ADMINISTRATIVE REPORT
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MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments
ITEM: lD, d,.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Clerk~~ DEPARTMENT HEAD
DATE: December 4, 2008 CITY ATTORNEY v
CITY MANAGER
SUBJECT: One appointment to the Police Civil Service Board, due to the expiration of rm
of Kenneth E. Vetter, term expiring December 31, 2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of Kenneth
E. Vetter, whose term expires December 31, 2008. The news release for this recruitment was
posted on October 29, 2008.
Three applications for appointment have been received from the following:
• Kenneth E. Vetter
• Robert Bruce Bradford
• Michael Joseph Mahoney
• John C. Mainland
The Police Civil Service Board. is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Police Department. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are .held the first Wednesday
of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601
Truxtun Avenue, Bakersfield.
December 4, 2008, 2:46PM
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MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
FROM: Pamela McCarthy, City Clerk
DATE: December 4, 2008
APPROVED
DEPARTMENT HEAD ~ c ~'I
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of minutes of the November 19, 2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGEND i SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 4, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from November 7, 2008 to December 4, 2008
in the amount of $30,542,042.98 and Self Insurance payments from November 7, 2008
to December 4, 2008 in the amount of $401,911.17.
RECOMMENDATION:
Staff recommends approval of payments totaling $30,943,954.15.
BACKGROUND:
RAR
December 4, 2008, 12:46PM
S:~RichardW PW DMINW DMIN~AP.doc
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 26, 2008
APPROVED
V~
~~)
CITY MANAGER ~.S
1. First Reading of Ordinance Amending Section 2.40.050 Subsection A Relating to
Powers and Duties of Director and Assistant Director of Emergency Services.
2. First Reading of Ordinance Amending Section 17.64.060 Subsection E Relating to
Modifications and Conditional Use Permits.
3. First Reading of Ordinance Amending Section 15.66.030 Subsections A.3.b.iii and C.1
Relating to Drilling For and Production of Petroleum Permits, and Section 15.66.040
Subsections C.2, C.3 and C.7.b Relating to Development Standards for Class 1
Permits.
4. First Reading of Ordinance Deleting Section 17.68.020 Subsection G Relating to
Unreinforced Masonry Buildings.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
BACKGROUND:
About once a year or as needed, various Departments throughout the City request changes to the
Bakersfield Municipal Code (BMC) 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. Recent
amendments to the BMC were made on October 2, 2008, but Staff felt that some additional amendments
to the code were necessary.
The following is a list of ordinances that are being recommended by Staff for changes:
1. .BMC Section 2.40.050 Subsection A. The amendment inserts "Fire Chief" for "Director of
Fire and Development Services." This amendment is due to the fact that the City does not have a Director
of Fire and Development Services and because after a recent review of the Emergency Operation Plan
(EOP), assigning the Fire Chief as the assistant director of emergency services is consistent with the EOP
and current practices of the City.
2. BMC Section 17.64.060 Subsection E. The amendment changes the length of time in order
to exercise rights granted by a modification or conditional use permit from one year to two years after the
date of the final decision. This change is consistent with Section 17.08.080 Subsection D where there is a
two-year approval period for a site plan, and because a site plan is often approved concurrently with a
conditional use permit or modification use permit and should have the same two-year expiration period.
DEPARTMENT HEAD
CITY ATTORNEY
November 26, 2008, 2:33PM
S:\COUNCILVIdminsWB-09 Admins\Cleanup of Ordinances2.doc
ADMINISTRATIVE REPORT
3. BMC Section 15.66.030 Subsections A.3.b.iii and C.1, Section 15.66.040 Subsections C.3
and C.7.b. The amendment to Section 15.66.030 Subsection A.3.b.iii consists of expanding portions of
the Fruitvale Oil Field in order to exempt individuals that are annexed into the City so that those individuals
do not have to change their requirements in order to drill. The amendment to Subsection C.1 allows an
operator to drill without the need for a conditional use permit for any well that is specifically identified as a
drill site. Section 15.66.040 Subsections C.2, C.3, and C.7.b insert "decision-making authority" for
"B.Z.A.," which is a more accurate description of the current practices of the City.
4. BMC Section 17.68.020 Subsection G. This Section should be deleted as it expired on
December 31, 1998, and has no further force or effect.
CKI/Isc
November 26, 2006, 2:57PM
S:\COUNCILVIdminaWB-09 Admina\Cleanup of Ordinances2.doc
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~, c~,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: November 20, 2008 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT Adoption of an ordinance and amending Section 17.06.020 (Zone Map No. 143-06) of
Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A
(Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A
(Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest
corner of Taft Highway and Chevalier Road (ZC # 08-0491 -Moreland Consulting Inc.
representing Mid Town Development) (Ward 7 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 19, 2008.
On October 2, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and unanimously recommended adoption by the City Council. The request is to prezone the
property from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A
(Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres for purposes of retail shops and single
family residential development, respectively. The reason for the requested prezoning is to obtain
general plan consistency and to allow for the development of commercial and single family residences
on the project site. Currently, there are no specific plans for the site; however, development of the site
could result in approximately 75 single-family residences in addition to commercial uses. No one spoke
in opposition to the project at the Planning Commission hearing.
On March 28, 2006, the Kem County Board of Supervisors approved a Negative Declaration, zone
change from A (Exclusive Agriculture) to C-2 PD (General Commercial -Precise Development
Combining) District and R-1 (Low-density Residential) District and amendment to the general plan from
RR (Rural Residential -Minimum 2.5 Gross Acres/Unit} to HC (Highway Commercial) and LR (Low
Density Residential -Less than or Equal to 7.26 Dwelling Units/Net Acre). Upon annexation, the
approval of this prezoning will bring the zoning into conformance with the Board's action and be
consistent with Metropolitan Bakersfield General Plan Land Use designation on the subject property.
TJ / S:IDanaIADMINS120081Dec112-17-0491 2. doc
ADMINISTRATIVE REPORT
Annexation (Annexation # 616/ Chevalier No. 1) procedures for this subject property have commenced
but are not completed. The site is currently within the unincorporated area of the County of Kem
annexation and is expected to be completed in the fall of 2009.
Said Negative Declaration for the proposed project is the appropriate environmental document to
accompany project approval. 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. The project will not significantly impact the physical
environment because mitigation measures relating to cultural resources and air quality have been
incorporated into the project.
Staff recommends adoption of the ordinance.
TJ / S:IDanaIADMINS120081Dac112-17-0491 2. doc
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: November 20, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 103-19) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from PCD
(Planned Commercial Development) to Revised PCD (Planned Commercial
Development) on 3.87 acres located at the westerly terminus of West Jeffrey Street;
west of Union Avenue (ZC # 08-0595 -Hughes Surveying representing Sigford
Investment, LLC) (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 19, 2008.
On October 16, 2008, the Planning Commission held an advertised public hearing on this zone change
request and recommended adoption by the City Council. The zone change request consists of
changing the zoning on the site from PCD (Planned Commercial Development) to Revised PCD
(Planned Commercial Development) on 3.87 acres to allow redesign of an approved ministorage
project for the site..
The reason for this zone change is because the site's PCD zoning requires approval of a revised site
plan prior to development. Revisions include additional storage units, a larger tum-around area, a
smaller office, and removal of an on-site manager's residence. The proposed site plan depicts 293
storage units, 28 RV parking spaces, one office building, and 13 parking spaces, as well as
landscaping throughout the development including at the entrance, in between the storage
units, and along the RV parking areas. The site is currently undeveloped.
At the Planning Commission hearing, two individuals spoke in opposition to the project; James Schmidt,
a representative of the adjacent labor hall, and Aralda Christenson, resident of an adjacent apartment
complex. The issues raised were related to traffic and noise, the number of available ministorage
facilities in vicinity, and kit fox observed on property. The motion for approval was unanimously carried,
and the Planning Commission recommended approval of the Revised PCD zone change.
Based upon an initial environmental assessment, staff has determined the proposed project is exempt
from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332,
In-fill Development.
Prepared by MA 111!6108 ~ s:ldaneledmins120081dec112-17-0595 2.doc
MEETING DATE; December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: December 1, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zoning Map No. 12430) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from R-1 (One Family Dwelling) to R-2/PUD (Limited
Multiple Family Dwelling/Planned Unit Development) on 8.14 acres, located at the
northeast comer of Monitor Street and Hosking Avenue. (ZC 08-0726 -McIntosh and
Associates, representing Trend Capital Group, the property owner) appealed by
McIntosh and Associates. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 19, 2008.
This proposal will allow for the development of 140 multi-family dwelling units.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on October 2, 2008, and recommended denial to the City Council. A letter from McIntosh and
Associates appealing the denial of this project was received in the City Clerk's office on October 10,
2008.
On November 19, 2008, the City Council approved the negative declaration, the appeal, and the
concurrent general plan amendment/zone change with a requirement to change the subject site from
LR (Low Density Residential) to HMR (High Medium Density Residential) and R-1 (One-Family
Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 8.14 acres to
allow for future low-density residential development. The applicant agreed to all conditions and
mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on August 29,
2008, in accordance with CEQA.
MEETING DATE:.December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: November 21, 2008
APPROVED
DEPARTMENT HEAD S•(i-
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-36) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from A (Agriculture) to R-1-CH (One Family Dwelling
with Church Overlay) on approximately 6.36 acres located between the 99 Freeway
and Ellashosh Street, south of McKee Road. (Zone Change 08-1036 -Marino &
Associates representing Citygate Christian Center) (Ward 7 Upon Annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 19, 2008.
On September 18, 2008, the Planning Commission held an advertised public hearing on this zone
change request and recommend adoption by the City Council. The zone change request consists of
changing the zoning from A (Agriculture) to R-1-CH (One Family Dwelling with Church Overlay) on
approximately 6.36 acres. The reason for the request is to bring the zoning into conformance with
the LR (Low Density Residential) General Plan Land Use designation on the subject property. The
site is currently undeveloped. The proposed project will include an 800 seat church, daycare and
educational accessory buildings.
No individuals or agencies present at the hearing opposed the request and the applicant agreed to
the final conditions and mitigation approved for the project.
The project site is currently in the process of annexation into the City of Bakersfield. The applicant is
concurrently processing a Conditional Use Permit with Kern County to allow for use as a church on
the current agricultural zoning prior to annexation. The City will acknowledge the Conditional Use
Permit upon annexation. Access to this site is a challenge. However, Staff included a condition on
the commercial use to the south that requires a local road to access the proposed church site.
The CEQA requirements have been followed by staff and the Planning Commission for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
environment effect. Therefore, in accordance with CEQA, a Negative Declaration was prepared.
Mitigation measures recommended as part of project approval address air quality, biological
resources, cultural resources, noise, and traffic.
.MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: November 20, 2008
~I1;J.:~~Pl
DEPARTMENT HEAD ~-
CITY ATTORNEY
CITY MANAGER ~~
SUBJECT: Adoption of an ordinance approving a Negative Declaration, denying the appeal, and
amending Section 17.060.020 (Zone Map No. 123-02) of Title Seventeen of the
Bakersfield Municipal Code by changing the zoning from R-S (Residential Suburban
Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square
feet), located at the northeast corner of Belle Terrace and Fiorito Street. (ZC 08-1044
Delmarter and Deifel representing Troy and Wilma Chastain) (Ward 6 upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 19, 2008.
The proposal would allow for the development of a duplex on a 10,384 Sq. Ft. parcel. The proposal
is consistent with the existing land use designation, which is LMR (Low Medium Density Residential).
This is an infill development. The area along the north side of Belle Terrace consists of large rural-
type single family lots, which have been transitioning from the unincorporated County into the City
with some being developed at a higher density. This proposal will match this type of redevelopment
in the area and be consistent with the existing land use designation for the site.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on August
19, 2008, in accordance with CEQA.
The Planning Commission conducted a public hearing on this zone change on September 18, 2008,
and recommended approval to the City Council. The Commission had a vote of 4 in favor and 2
against (Commissioners McGinnis and Tragish). The Commissioners opposed to the zone change
stated concerns with street parking negatively impacting the single-family neighbofiood north of Belle
Terrace. These Commissioners noted that the proposal introduces apartments into a predominately
single family neighbofiood and that pefiaps the entire block adjacent to Belle Terrace should be "'
evaluated for multi-family residential development so that it can be planned appropriately instead of
developed in a piece-meal fashion.
ADMINISTRATIVE REPORT
Page 2
No agencies present at the hearing opposed to the request and the applicant agreed to all conditions
and mitigation for the project. The Planning Commission added conditions to require the proposed
development to have access from Fiorito Street only and require six (6) parking spaces for the two
units (4 parking spaces is the typical requirement).
Four nearby property owners attended the Planning Commission hearing and spoke in opposition to
the proposed multi family use; their concerns include the issues of more traffic and no street parking
in the neighbofiood. The project has been appealed by Cynthia Thompson who also submitted a
petition with 90 names/signatures (2 names were duplicated on the petition) in opposition to the zone
change.
Based on comments from opponents of the project at the November 19, 2008, the City Council added
conditions to the project that deals with the amount of units (2 dwellings maximum), the height (single
story) of building on site, and the design (two-car garages). The applicant, owner and opponents
were agreeable with these conditions. These conditions are reflected on the attached ordinance.
mos:\GPA 3rd 2008\08-1044Wdm SRVldmin Reprt 08-1044 2nd Reading.doc
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ , ~
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: November 20, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Adoption of an ordinance approving the Negative Declaration and amending Section
17.06.020 (Zone Map No. 10407) of Title Seventeen of the Municipal Code by
changing zoning from A (Agriculture) to M-1 (Light Manufacturing) on 47 acres, and A
to R-2 (Limited Multi-Family Dwelling) on approximately 14 acres, generally located at
the northeast of Morning Drive and Paladino Drive. (ZC 08-1168 - Trimco, LLC)
(Ward 3).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 19, 2008.
The subject property consists of approximately 60 acres located at the northeast of Morning Drive
and Paladino Drive. The proposal would allow for the development of approximately 340,000 square
feet of light industrial space and 141 residential dwelling units.
The Planning Commission conducted a public hearing on this GPA/Zone Change on September 18,
2008, and recommended approval to the City Council.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on August
20, 2008 in accordance with CEQA.
RBS:\GPA 3rd 2008W8-1188\Sfaff ReportsWdmin Report 08-1188 2nd.dx
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: November 20, 2008
APPROVED
DEPARTMENT HEAD •'r/
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 142-03 from R-1 (One Family
Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on
18.53 acres, generally located at the southwest comer of Taft Highway (SR 119) and
Stine Road. (ZC 07-1806 -Scott Undefiill and Mark Smith) (Ward 6 or 7 upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 19, 2008.
The subject property consists of 18.53 acres located at the southwest comer of Taft Highway (SR
119) and Stine Road. The proposal would allow for the development of approximately 150,000
square feet of retail commercial uses.
The Planning Commission conducted a public hearing on this GPA/Zone Change on September 18,
2008, and recommended approval to the City Council.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on August
11, 2008 in accordance with CEQA.
RB~S:\GPA 3rd 2008\07-1808\Statf ReportalAdmin Report 07-1808 2nd.doc
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 21, 2008
SUBJECT: Sewer Connection Fee Assessments (Ward 7):
A PROVED
DEPARTMENT HEAD .
CITY ATTORNEY-~L~~~~
CITY MANAGER
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Barbara Allen Steele, 2605 Bernice Drive, to pay sewer connection fee
in installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 2605 Bernice Drive desire to connect their property to
the City sewer system. The property owners claim that to pay the sewer connection fee in one payment
would produce an economic hardship. To assist in paying the connection fee the City has contracted with
the property owners to spread the connection fee over a five (5) year period to be collected with their
property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060.
Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the
connection cost in five equal payments over the next five years.
dha
S:\PROJECTS\SewerConFeeWdmin\2605 Bernice Drive.doc
November 21, 2008, 8:16AM
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent
ITEM /,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: November 20, 2008
SUBJECT: Property Abatements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
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
Kem County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on December 8, 2008, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
PROPERTY LOCATION ANN COST
Ward 1/Councilmember Irma Carson
1. 440 E. Belle Terrace 169-140-01 $ 420.00
2. Vacant lot east of 440 E. Belle Terrace 169-150-01 $ 480.00
3. 204 Churchill Drive 169-102-28 $ 800.00
4. SEC Cottonwood Rd & Brook St 172-020-08 $ 400.00
5. South of 3617 Cottonwood Road 172-101-21 $ 399.00
November 20, 2008, 11:OOAM
S:\DanaWDMINS\2008\Dec\12-17-Property Abatements.doc
ADMINISTRATIVE REPORT Page 2 of 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 217'/z Daniels Lane 139-351-05 $ 800.00
7. 137 Donna Avenue 010-042-05 $ 494.00
8. 3610 Hale Street 172-052-09 $ 474.00
9. 1101 Jimson Street 412-151-03 $ 620.00
10. 108 S. Kincaid Street 168-172-04 $ 550.00
11. 329 S. King Street 018-140-20 $ 629.00
12. 5504 La Pinta Maria Drive 173-570-09 $ 575.00
13. 3220 Lotus Lane 170-190-09 $ 1,095.00
14. 19 Milham Drive 139-432-02 $ 424.00
15. 39 S. Owens Street 018-260-15 $ 480.00
16. Vacant lot between 3503 & 3605 Oliver St 172-102-17 $ 399.00
17. Vacant lot south of 3503 Oliver Street 172-102-16 $ 399.00
18. Vacant lot north of 3605 Oliver Street 172-102-18 $ 399.00
19. Vacant lot north of 3620 Oliver Street 172-101-27 $ 399.00
20. 1723 E. Planz Road 172-041-05 $ 574.00
21. 324 T Street 010-063-10 $ 424.00
22. 360 S. Union Avenue 169-110-08 $ 460.00
23. 600 S. Union Avenue 169-120-14 $ 1,035.00
24. 915 Watts Drive 170-132-09 $ 500.00
Ward 2lCouncilmember Sue Benham
25. 1311 Eureka Street 017-330-03 $ 800.00
26. 1228 Kentucky Street 015-400-09 $ 600.00
27. 1118 Lake Street 015-340-12 $ 525.00
28. 1126 E. 18"' Street 017-180-10 $ 1,090.00
29. 1008 Acacia Avenue 021-220-15 $ 650.00
30. 2907 Bucknell Street 021-051-19 $ 700.00
31. 3204 Occidental Street 021-391-03 $ 600.00
32. 2507 University Avenue 383-051-08 $ 485.00
33. 3101 Wenatchee Avenue 383-142-01 $ 399.00
Ward 4JCouncilmember Couch
34. 515 Flathead River Court 409-500-04 $ 600.00
35. 12802 Shallow Water Court 409-601-21 $ 494.00
Ward 5/Councilmember Harold Hanson
36. 9120 Carvalho Court 392-251-06 $ 590.00
37. 11103 Golden Valley Drive 497-264-01 $ 600.00
38. 10004 Grizzly Street 497-590-10 $ 550.00
November 20, 2008, 11:02AM
S:1Dana\ADMINS\2008\Dec112-17-Property Abatements.doc
ADMINISTRATIVE REPORT Page 3 of 3
PROPERTY LOCATION AP~N COST
Ward 61Coucilmember Jacauie Sullivan
39. 5415 Sierra Pine Court 499-352-16 $ 525.00
40. 5305 Summer Solstice Drive 499-341-05 $ 650.00
Ward 7/Councilmember Zack Scrivner
41. 610 Berkshire Road 516-261-10 $ 650.00
42. 2423 Brazil Avenue 51441-01 $ 500.00
43. 1400 Interlaken Drive 517-434-01 $ 525.00
44. 1404 Interlaken Drive 517-442-11 $ 500.00
45. 4800 Margalo Avenue 371-081-04 $ 794.00
46. 315 Midnight Court 516-452-24 $ 600.00
47. 3417 Ridgemont Street 371-41424. $ 375.00
48. 1130 Taos Way 516-422-07 $ 300.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
November 20, 2008, 11:03AM
S:\Dana1ADMINS\2008\Dec\12-17-Property Abatements.doc
A
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 2, 2008
SUBJECT: Exchange of Real Property
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,e.S
1. Resolution declaring real property located at 2847 Van Buren Place surplus to
needs of the City.
2. Agreement with Christ Cathedral Church to exchange City property for a sump
within Tentative Tract 6921 located north of Rosedale Highway and west of Allen Road.
(Ward 6)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
Christ Cathedral Church (CCC) is currently in the design stages for developing Tentative Tract 6921. As a
condition precedent to the recording of their Tentative Tract, Public Works has determined the need for a
public road connecting to Allen Road. In order to develop this public road, CCC would have to cross a City
sump adjacent to the Tentative Tract. City and CCC have agreed to exchange properties to make this
possible.
CCC has backfilled City sump and built a new sump that is large enough to receive drainage from the
surrounding area. It would be in the City's best interest to acquire the newly built sump and have a public
road built connecting to Allen Road in exchange for City owned sump. The city will benefit from having a
new larger sump and a new public road that will improve the flow of trafi'tc.
Staff is recommending the approval of the exchange agreement.
ENB/s
Christ Cathedral Sump exchange.doc
November 18, 2008
A
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 23, 2008
SUBJECT: Sale of Real Property
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 1~
CITY MANAGER ~S
1. Resolution declaring real property located north of Mall View Road, east of the East
Hills Mall surplus to needs of the City.
2. Agreement with Gardens at East Hills, LLC to purchase property located north of
Mall View Road, east of the East Hills Mall for $196,000.00.
3. Amendment No. 1 to Agreement No. 08-025 with Gardens At East Hills Mall LLC
and Irv Guinn Construction. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreements.
BACKGROUND:
In 1989 the State of California relinquished two drainage retention basins located south of Highway 178 at
Mount Vernon and Oswell Streets to the City of Bakersfield. On August 16, 2006, the City Council
approved Agreement No. 06-227 for the sale of the western 3.92 acres of the drainage retention basin at
Highway 178 and Oswell Street. The sale was to the new owners of the East Hills Mall, Gardens at East
Hills Mall, (GERM) who purchased the property to facilitate the expansion of the East Hills Mall shopping
center. This was very similar to when the owners of the Valley Plaza Mall purchased another former
Caltrans sump to allow construction of the Pacific Theaters.
Then on January 30, 2008, the City Council approved Agreement No. 08-026 with for the sale of an
easement to construct a parking structure over the remaining 4.49 acres of the original drainage retention
basin. Now GERM has requested to purchase the underlying fee simple interest in the remaining 4.49
acres of the drainage basin to facilitate the financing of their project. In the original agreement GERM paid
$196,000 for the easement which represented 50% of the fee simple value as established by an
independent appraisal prepared by Karpe, Fisher, Merriman, Inc. In this agreement GERM will pay the
other $196,000 for the underlying fee simple interest in the 4.49 acres.
In order for the City to find the property surplus to our needs the GERM will be required to reconstruct the
drainage retention basin in accordance with plans reviewed and approved by the City and Caltrans.
Accordingly, as a condition of the original sale (Agreement No. 08-25) GERM was required to post a
performance bond to ensure completion of the drainage improvements necessitated by GEHM's project.
DMA/s
12/5!2008
P:\MyFilesWdmin Reports\East Hills sale E2.doc
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ADMINISTRATIVE REPORT
Now that GEHM's project has changed from constructing a parking structure over the remaining drainage
retention basin to completely filling it and redirecting the water to a sump it was necessary to amend
Agreement No. 08-025.
The Planning Department found the sale consistent with the Metropolitan Bakersfield 2010 General Plan.
DMA/s
12/5/2008
P:\MyFilesWdmin Reports\East Hills sale E2.doc
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: J Q,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: November 14, 2008 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Resolution Adopting the Investment Policy of the City.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution places the City in conformance with Section 53646 of the California Government Code that
requires staff to annually render to the legislative body a statement of investment policy which the
legislative body shall consider at a public meeting. There. have been no changes to the California
Government Code since the last investment policy and therefore there are no changes to the current
policy.
November 14, 2008, 8:31AM
P:\INVESTMENT POLICYWdmin report invest policy.doc
6- B~°~ A h
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gG1F0 N~
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM:
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
December 4, 2008
Purchase of Hazardous Materials Response Vehicle-with Combination of Federal Grant
Funds and City Funds:
1. Resolution determining that the Hazardous Materials Response Vehicle cannot be
reasonably obtained through the usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed $546,234.
2. Appropriate $500,000 Federal grant revenue (Homeland Security) and appropriate
$46,234 Equipment Management Fund Balance to the Public Works Department
Operating Budget within the Equipment Management fund for the purchase of the
Hazardous Materials Response Vehicle from Pierce Manufacturing Inc.
PROVED
DEPARTMENT HEAD l
ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of the resolution and the appropriations.
BACKGROUND:
Fire Staff obtained $500,000 from the Office of Homeland Security for the purchase of a Hazardous
Material Response vehicle. The Homeland Security grant is a Federal grant. It makes its way to the City
via the Kern Operational Area. Kern County, asub-grantee to the State, and the City, asub-grantee to the
County, have worked together on this funding. The City and County share the same operational area;
therefore, the City is a beneficiary from this operational area in that this grant is allocated to the City for the
purchase of a Hazardous Materials Response Vehicle. This purchase will replace our twenty year old
Hazardous Materials Response Vehicle which is used to respond to all hazards material incidents
throughout the City.
Since 2000, all Fire apparatus purchases have been with Pierce Manufacturing due to their Quantum cab
and chassis. This has resulted in advantages for drivability, maintenance, and safety. The Fire
Department reviewed and compared bids from the City of Hanford, the Houston-Galveston Area Council,
and General Services Administration (GSA). The GSA pricing was selected; it was the lowest bid of the
three.
MH/HHW/s
S:\SUSANWdmin Report Word\Dec 17 items\HMRV admin rept sole source approp.doc
12/5/2008
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° ADMINISTRATIVE REPORT
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MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Ron Fraze, Fire Chief
DATE: December 5, 2008
„r.y.
PROVED
DEPARTMENT HEAD
CITY ATTORNEY '
CITY MANAGER ~S
SUBJECT: 1. Resolution determining that the City Manager, or his designee, is appointed as agent
authorized to execute any actions necessary for the purpose of obtaining federal financial
assistance provided by the Department of Homeland Security and sub-granted through the
State of California to the County of Kern and through the County of Kern to the City of
Bakersfield.
2. Approval of Memorandum of Understanding between the City of Bakersfield and the
County of Kern -Homeland Security Grant funding Agreement for Equipment, Software,
Training, Planning or Other Professional Services that Require Contractual Waivers of
Liability, Mutual Indemnification or Other Restrictive Contractual Requirements
RECOMMENDATION:
Staff recommends approval of the Resolution and the Memorandum of Understanding.
BACKGROUND:
This Resolution appointing the City Manager as the City agent and the Memorandum of
Understanding between the City of Bakersfield ("City") and the County of Kern ("County") are necessary
because the County is the designated sub-grantee for Homeland Security Grants on behalf of the Kern
Operational Area, and the CITY is part of the Kern Operational Area. As required by Grant guidelines, the
designated Anti-Terrorism Approval Body ("Approval Authority") which is required to include the County
Fire Chief, the Sheriff, the Emergency Medical Services Department Director, and a representative from
both the Kern Police Chiefs and Kern Fire Chiefs Associations, must approve grant applications and
expenditures of grant funds. The Approval Authority has approved an allocation of $647,000 in grant
funds to procure equipment, software, training or other professional services on behalf of the CITY to fund
the City's Hazardous Materials Response and Readiness Project ("HAZMAT PROJECT").
1. City of Bakersfield FY 2008 HAZMAT PROJECT Grant
The City of Bakersfield Fire Department continually conducts risk assessments. The prominent
industries located throughout the City include agriculture, chemical and oil production. Hundreds of high-
pressure petroleum & natural gas transmission lines, major state transportation routes and railroad lines
also run through the City. Hazardous material response needs were identified in 1986 and Chemical,
Biological, Radiological, Nuclear and Explosive (CBRNE) risks have increased steadily since that
assessment.
December 8, 2008, 4:37PM
S:\SUSANWdmin Report Word\Dec 17 items)Fire.MOU.HomelandSecurityGrants.doc
ADMINISTRATIVE REPORT
To strengthen response and protection capabilities, a specialized Hazardous Materials Response
Vehicle will be procured for the City of Bakersfield Fire Department. This resource will link the operational
needs identified in the City's emergency plan to response capabilities. The vehicle will enhance CBRNE
response and improve decontamination capabilities.
The grant funding to procure the specialized Hazardous Materials Response Vehicle approved for
FY2008 Homeland Security Grant funding is not to exceed Five Hundred Thousand Dollars ($500,000).
2. City of Bakersfield FY 2008 Greater Bakersfield Medical Response System (MMRS) Grant
The Greater Bakersfield Medical Response System (MMRS) program has served the local
community since 2002. As the lead agency for this project, the Bakersfield Fire Department continues to
create a system to meets the target capabilities of Emergency Triage and Pre-Hospital Treatment and the
subsequent Target Capabilities List established by the Homeland Security Grant program.
The Bakersfield Fire Department assumes a leadership role supporting first responder's efforts to
effectively manage an event that presents a large number of persons seeking emergency or acute medical
care. Effective assessment and response within the first 72 hours of an event is critical to the community's
resilience and ability to recover from a disaster.
The City of Bakersfield's FY2008 MMRS grant will reimburse the City of Bakersfield for personnel
costs incurred to develop and enhance MMRS plans and protocols not to exceed One Hundred Forty
Seven Thousand Dollars ($147,000).
JHR:dII
December 8, 2008, 4:37PM
S:\SUSANVIdmin Report Word\Dec 17 kems\Fire.MOU.HomelandSewrityGrante.doc
BAKE
O~ycoavow~r~a S
ADMINISTRATIVE REPORT
~ ~~~~
gLIF
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~. ~-
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 19, 2008
Resolutions forming Traffic Signal Maintenance Districts and preliminarily adopting,
confirming and approving the Public Works Director's Report:
1. Resolution to form area TS-18 (NW corner of S. H St. and Berkshire Rd.) Ward 7
2. Resolution to form area TS-15 (420 34th St.) Ward 2
APPROVED
DEPARTMENT HEAD ~z~ ~..
CITY ATTORNEY,~~~
CITY MANAGER ~.S
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On 11/19/08, the Council adopted Resolution of Intention No.'s 1626 and 1628 to form
Traffic Signal Maintenance Districts at the locations listed above. Inclusion in a Traffic Signal Maintenance
District will provide for the maintenance of convenient traffic signals within the district.
Staff is recommending the formation of the new Traffic Signal Maintenance Districts at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Traffic Signal Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s)
have also submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the Traffic
Signal Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map.
ps
G:\GROUPDAT\ADMINRPT\2008\12-17\TS-15 & TS-18 resolution admin.doc
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ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: November 19, 2008
APPROVED
DEPARTMENT HEAD `{'f
CITY ATTORNEY
CITY MANAGER /t-y
SUBJECT: Resolution adding Area 4-89 (Mt. Vernon, Bernard NE) 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. (Ward 3)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: On November 19, 2008 the Council adopted Resolution of Intention No. 1627 to add the
above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal
Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or
street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned
the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owners of the property described above which waive
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owners also have
submitted Proposition 218 ballots indicating their consent to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision maps.
ps
G:\GROUPDATW DMINRPT\2008\ 12-17\MD 4-89 ResolutionAdmin.doc
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ADMINISTRATIVE REPORT
c yw'~.,,..-
LIFO
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: November 18, 2008
APPROVED
DEPARTMENT HEAD ^~
d
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1629 to add territory, Area 3-66 (Taft Hwy, Old River Rd NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
the Public Works Director's Report. (Ward 5)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
G:\GROUPDATWDM[NRPT\2008\12-17UtOI 1629 MD 3-66 admin.doc
MEETING DATE: Decemberl7, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~, ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 3, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
Final Map and Improvement Agreement with Bakersfield Scenic River, LLC, for Tract Map
7123 located north of Meany Avenue and east of Coffee Road. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for ~~the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rg
December 3, 2008, 4:04PM
G:\GROUPDATWDMINRPT\2008\12-1TMap and Improvement Agreement TR7123.doc
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d ADMINISTRATIVE REPORT
~~,~.
LIF
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 4, 2008
Median Island on Hosking Avenue between Zermatt Street and Tract 6368 (Southwest
Corner of Hosking Avenue and Shannon Drive -Ward 7):
1. Agreement with Moreland Family, LLC ($42,000.00) for construction of Median Island
Improvements on Hosking Avenue between Zermatt Street and Tract 6368.
2. Appropriate $35,400 developer share of project cost to the Public Works Department's
Capital Improvement Budget within the Gas Tax Fund.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: Development along both sides of Hosking Avenue between South H Street and
Shannon Drive /Monitor Street has been done in several phases by several different developers. Some
of those previous developments were constructed without the median island being built. Those developers
paid a fee instead of building the median island. These median fees remain in a trust account until such
time the median island is to be constructed.
With construction of the most recent tract in this area (Tract 6368), there is a gap in the median island.
That gap poses a potential safety issue for vehicles on Hosking Avenue. Moreland Family, LLC, the
developer of Tract 6368, has agreed to construct the median island improvements necessary to close that
gap. In addition, they will construct hardscape improvements within some of the existing median islands.
The funding source for the reimbursement to Moreland Family, LLC for the construction of these median
improvements will be a combination of previously collected median fees and Gas Tax Funds. $35,400 of
median fees has been collected from developers. The remaining amount of $6,600 ($42,000 less
$35,400) will be funded by a budgeted CIP project for median improvements.
(adr)
December 4, 2008
G:\GROUPDA7IADMINRPT12008\12-17\Hosking Ave Median Island.doc
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ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Nolte Associates, Inc., for Construction Management Services for the
Westside Parkway Phase I -Mohawk Extension ($4,193,571.48).
(Ward 2)
RECOMMENDATION: Staff recommends award of agreement.
BACKGROUND: This contract is for Construction Management Services for the first phase of the
Westside Parkway project which involves the construction/widening of Mohawk Street from Rosedale
Highway to Truxtun Avenue. Bridges will be constructed over the Kern River, the BNSF railroad, as well
as over the future Westside Parkway. The roadway will include provisions for the on and off ramp
connections to the future Westside Parkway.
Staff issued a Request for Proposals (RFP) for Construction Management Services for the Westside
Parkway Project. Seven fines responded to this RFP:
Nolte Associates (Madera, California)
Lim and Nascimento Engineering (Lake Forest, California
Parsons Brinckerhoff (Sacramento, California)
Don Todd and Associates (Oakland, California)
HNTB Corporation (Santa Ana, California)
Jacobs Engineering Group (Bakersfield, California)
Spirit Construction (Acton, California)
Based on a review of their proposals, the selection committee invited the first three firms listed above to
interview with the committee. Interviews were held on September 10, 2008. Based on the rankings of the
proposals and the interviews, Nolte Associates, Inc. was selected as the most qualified to provide
construction management services for the first phase of the Westside Parkway Project. In accordance
with federal procurement procedures for these types of services, after Nolte Associates, Inc. was selected,
their cost for providing these services was then negotiated by the TRIP staff.
Security Paving Company, Inc. was awarded the construction contract for the Westside Parkway Phase I
- Mohawk Extension Project on November 4, 2008. It is anticipated that construction will begin early
January 2009.
December 8, 2008, 3:11 PM
G:IGROUPDATWDMINRPT\2008\12-17\NoIteCM Agreement-Admin1.doc ProjectNo.: T9WP10
ADMINISTRATIVE REPORT
City recommends Nolte Associate, Inc., to be selected to perform Construction Management services for
this project.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
December 8, 2008, 3:11 PM
G:\GROUPDATWDMINRPT12008\12-17\Nofte CM Agreement - Admin1.doc Project No.: T9WP10
~~ ~`.j
~`~"~::~~- ADMINISTRATIVE REPORT
•~; +,. :h
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: J, V ,
TO: Honorable. Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: December 3, 2008
DEPARTMENT HEAD
APP VED
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Muxlow Construction for $50,000 of Community Development Block Grant
funds to provide handicap accessibility improvement services to qualified low-income
residents in privately owned structures. (All Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City of Bakersfield's consolidated Plan 2010 has identified accessibility improvements as a high
priority with 78% of the disabled population falling under the 80% of the City's median income level. Each
year the City's Community Development Block Grant Program reserves funding for the Home Accessibility
(HA) Grant Program. The Program provides grants of up to $3,500 per household for constructing
accessibility improvements/modifications. Up to $1,000 of additional funds under the agreement are used
to address the costs of complying with Federal and State lead-based paint regulations for low income
physically challenged residents who live in residential structures.
Approximately 32 residential dwelling units are retrofitted each year under the HA Grant Program. Types
of improvements include exterior ramps, hand rails, grab bars, handicap toilets, and door widening.
A Request for Proposal (RFP) for HA annual contract services was issued to five contractors in November
2008 which produced one bid. In review of the bid, Muxlow Construction was deemed the most qualified
and only responsible bidder. Muxlow Construction holds aLead-Based Paint Supervisor Certification
which is a regulatory requirement for work on homes which were built prior to January 1, 1979.
This Agreement will allow the City's residents to continue receiving the much needed handicap
accessibility improvements through an annual services contract with an experienced and licensed
contractor.
S:1AdminslCity Council\City Council Admins 2008\Muxlow HA 08-09.doc
12/3/2008 4:49 PM
i, /
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~.. ~`~~`~` ~~ ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~, U,
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: December 3, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Contract to purchase real property located at 408 and 424 20`h Street for $470,717 from
Sean Minor and Zachary Forster for public parking and developing a staging area for the
Mill Creek and Central Park.
RECOMMENDATION:
Staff recommends approval and authorize the execution of all purchase related documents.
BACKGROUND:
On April 2, 2008 the Bakersfield Redevelopment Agency approved a nine (9) month purchase option
agreement RA 08-006, with Sean Minor and Zachary Forster for .83 acres of real property located
adjacent to Central Park on 20`h street. The nine purchase month option will expire on January 2, 2009.
The property is currently a dirt lot that is fenced and contains several disabled and damaged vehicles and
heavy equipment pieces. The owners have agreed to sell the property to the Redevelopment Agency for
an amount of $13.00 per foot or a total of $470,717. This is an integral piece of property that will be
developed for public parking and a staging area for the Mill Creek and Central Park and is needed to
complete the Mill Creek Plan. Recent acquisition activity by the Agency along Mill Creek has resulted in
land values between $10.00 and $14.00 per foot. The option price includes all relocation costs (removal
of the autos and equipment) and any potential goodwill claims. Staff is requesting approval to execute all
necessary documents to purchase the property.
S:WdminslCity Council\City Council Admins 2008\20th Street Purchase Agrmt 121708.doc
12/3/2008 4:46 PM
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~, ,Z-,
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Recreation & Parks Director
DATE: December 4, 2008
APP//R~~ OVED
DEPARTMENT HEAD L T
CITY ATTORNEY ~d
CITY MANAGER
SUBJECT: Agreement with Kern High School District (KHSD) for use of aquatic facilities for practice
and swim meets.
(Wards 1, 2 and 6).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield for use of
aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool and Dr. Martin Luther King, Jr. Pool for
practice and swim meets for payment to the City in an amount not to exceed $50,000. Each year, the City
has entered into an agreement, whereby KHSD utilizes these facilities from February 2, 2009 through May
18, 2009 at mutually agreed upon times.
ds
December 4, 2008, 3:02PM
S:\RECREATION DIVISIONWquatics\Reports\Admin Reports\KHSD Admin 12-17-2008.doc
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U ADMINISTRATIVE REP
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MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~~ aQ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 9, 2008
Traffic Impact Fee Agreement with Castle & Cooke California, Inc. ($175,012.00 credit) for
improvements on Stockdale Highway. (Ward 4)
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~P,S
RECOMMENDATION: Staff recommends approval of the agreement
BACKGROUND: Castle & Cooke California, Inc. has constructed a traffic signal at the intersection of
Stockdale Highway and Renfro Road and is eligible for Transportation Impact Fee credit. The total amount
of credit from the Transportation Impact Fee Facilities List (Facilities List) apportioned to this project is
$175,012. This amount was based upon the value of improvements as listed on the Facilities List. The
developer has requested that the transportation impact fee credit available from this improvement be
applied to impact fees due on Tract 6448.
phs
G:\GROUPDATWDMINRPT12008\12-17\Castle 8 Cooke T1F Agreement.doc
12/9/2006 12:42:52 PM (rev.)
A
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ADMINISTRATIVE REP
U ORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: 11 hG
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD, ~'
DATE: December 4, 2008 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: License Agreement with the North Kern Water Storage District (NKWSD) for the
construction, operation, and maintenance of canal intertie facilities between the Calloway
Canal and the Cross Valley Canal within City owned property. (Ward 2)
RECOMMENDATION: Staff recommends approval of License Agreement.
BACKGROUND: The North Kern Water Storage District owns and operates the Calloway Canal. To be
able to provide flexibility to their water supply system, they wish to construct a canal intertie facility
between their Calloway Canal and the Kern County Water Agency's Cross Valley Canal (CVC) at a
location parallel to and just east of the Friant-Kern Canal. The NKWSD requires a License Agreement
from the City to be able to construct, operate and maintain this canal intertie facility because a portion of it
would cross property acquired by the City for the Westside Parkway project. The City Water Department
has worked with NKWSD to ensure that appropriate water conveyance measures are included to protect
and compensate the City for this facility. And TRIP staff have also worked with NKWSD to ensure this
project does not conflict with the construction of the Westside Parkway project.
December 5, 2008, 11:49AM
G:IGROUPDAl1ADMINRPT12008\12-1TNorth Kem License Agreement admin.doc KPB
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ADMINISTRATIVE REPORT
C ~ u~
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 I n .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
Raul Rojas, Public Works Director
DATE: December 4, 2008
APPROVED
DEPARTMENT HEAD l
CITY ATTORNEY-~~71_'°~.
CITY MANAGER ,PS
SUBJECT: Reimbursement Agreement with Big West of California, Inc. in the amount of $323,000
for abandonment and removal of certain pipeline facilities as part of the Westside
Parkway Project. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties and entering into agreements with various entities for
removal of facilities to accommodate construction of the Westside Parkway Project. Big West of California,
Inc. was named as a defendant by the City in its eminent domain action entitled City of Bakersfield v. Big
West of California, Inc., etc., Kern County Superior Court Case No. S-1500-CV-260449 WDP. The parties
are currently engaged in settlement negotiations to resolve this matter. However, in the interim, in order to
accommodate construction of portions of the Westside Parkway, it is necessary for Big West to abandon
and remove certain pipelines and install fencing. Pursuant to the terms of the Reimbursement Agreement,
the City will reimburse Big West its actual cost to perform this work. The estimated total for this work is
$323,000.
State Transportation Impact Program (STIP) monies will be used to make payments under this agreement.
RMS:Isc
December 4, 2008, 10:35AM
S:\COUNCILWdmins\08-09 Admins\BigWestReimbAgr.doc
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: 11 .,P.,1
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 3, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~,S
SUBJECT: Amendment No. 1 to Agreement No. 07-416 with Krazan & Associates, Inc., ($31,500; for a
total not-to-exceed compensation of $489,628.75) for Material Testing Services for Various
Construction Projects, Calendar Years 2008 and 2009.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 07-416 with Krazan & Associates, Inc. was approved by the City
Council on December 12, 2007 with a not to exceed compensation clause of $458,128.75. The amount of
compensation was estimated based upon 1) previous years' contracts for testing, 2) projected amount of
testing needed for the CIP budget years covered, and 3) current hourly rates of the laboratories and field
technicians.
The general prevailing wage rate paid to field technicians has been increased by the State of California
Department of Industrial Relations during the course of this agreement. Due to this increase, the hourly
rate charged to the City of Bakersfield for a field technician needs to be adjusted from $63 per hour to $70
per hour. This will result in a total increase of $31,500 to this agreement
This amendment adjusts the total compensation to $489,628.75. Funding for this amendment will be from
budgeted Capital Improvement Projects.
G:IGROUPDATIADMINRPT12008\12-17\Amend 1 Agreement 07-416.doc
RM
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ (, per,
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: December 4, 2008
APPROVED
DEPARTMENT HEAD /y~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-424 with Toter, Incorporated ($100,000) revised
not to exceed $397,000 and extending term for one (1) year for the annual contract for trash
carts. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On December 12, 2007, Council awarded. the annual contract for trash carts for the
Solid Waste Division to Toter, Incorporated in the amount of $297,000. The annual contract is renewable
annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. If
approved, Amendment No. 1 will add $100,000 for a revised not to exceed amount of $397,000 and will
extend term one year to expire December 10, 2009. Extending the Agreement allows the City to continue
to receive trash carts compatible with the City's refuse equipment.
Purchasing Division
S:~PURCHWDMIMAmendmentsV~rrrendment #1 to Agreement 07-424, Toter, Incorporated, AC Trash Carts, December 17, 2008.doc
December 4, 2008, 10:34AM
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~/,
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: December 3, 2008
APPROVED
DEPARTMENT HEAD /V
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Amendment No. 1 to Agreement No. 07-175 with HPS Mechanical, Incorporated (revised
not to exceed amount of $401,870 and extending the term to June 30, 2009) for Annual
Contract -Sewer Connection and Abandonment. (Ward 1)
RECOMMENDATION: Staff recommends approval of amendment No. 1 to the agreement.
BACKGROUND: On June 6, 2007, Council awarded the annual contract for sewer connection and septic
tank abandonment for the McDonald Way/Stockdale Area Sewer Assessment Project to HPS Mechanical
in the amount of $205,000.
The original contract was based on funds provided by the Department of Housing and Urban Development
with a project completion date of April 30 2009. If approved, Amendment No. 1 will add available funds in
the amount of $196,870 and will extend the contract term to June 30, 2009 to allow completion of the
project for sewer connection applications received by December 31, 2008. The contractor, HPS
Mechanical, Incorporated has agreed to the increase and extension of the current contract under the same
terms and conditions.
Purchasing Division
S:~PURCHWDMINVImendmentsVimendment No. 1 to Agreement 07-175, HPS Mechanical, December 17, 2008.doc
O~coo~
~ ~
° ADMINISTRATIVE REPORT
c ~~ ~'
IFO
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 I ~ „
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 3, 2008
PPROVED
DEPARTMENT HEAD
~~
CITY ATTORNEY /~~
CITY MANAGER F-~
SUBJECT: Approve Amendment No. 1 to Agreement 06-208 with Dokken Engineering, for Engineering
Design Services for the Westside Parkway Project Phase IV (additional $2,272,000.00).
(TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: Dokken Engineering is currently under contract to provide Engineering Design
Services (Final Construction Plans) for the Westside Parkway Project Phase I -Mohawk Street Extension
from Truxtun Avenue to Rosedale Highway. Phase I included the design of the Westside
Parkway/Mohawk Street interchange. And since Phase IV of the Westside Parkway was a relatively small
segment that would connect directly to this interchange from Truxtun Avenue, it had been planned all
along that the firm selected to provide Engineering Design Services for Phase I would also provide those
,services for Phase IV. But at the time Phase I was awarded, the preliminary design of Phase IV
(conceptually how it would cross the Kern River and connect to Truxtun Avenue) was not complete, and
so Dokken could not accurately define at that time their scope of work and fee for Engineering Design
Services for Phase IV.
Dokken has now completed most of their work for Phase I (the project is to begin construction in January
2009), and the preliminary design of Phase IV has been completed so that a scope and fee could be
determined. Dokken Engineering is now ready to begin preparing the Final Construction Plans for Phase
IV. (Westside Parkway Project Phases II, III, V and VI Final Construction Plans are being completed by
AECOM USA, Inc. under a separate agreement.)
The work, in general, consists of the final design of the Westside Parkway Phase IV - Truxtun Tie-in, an
east-west connection from Mohawk Street to Truxtun Avenue. Adequate State funds have been
previously budgeted for this engineering work.
Due to the voluminous nafure of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
December 9, 2008, 8:43AM
G:\GROUPDATWDMINRPT\2008\12-17\Dokken Amendment 1 - Admin.doc T9WP40
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 / w ~.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 9, 2008
APPROVED
DEPARTMENT HEAD /',/,.}
CITY ATTORNEY
CITY MANAGER ~GJ
SUBJECT: Amendment No. 1 to Consultant's Agreement No. 06-023 with MuniServices, LLC to
expand the scope of work to include fuel tax and credits recovery services.
RECOMMENDATION:
Staff recommends approval of contract amendment.
BACKGROUND:
The City entered into Agreement No. 06-023 with MuniServices (Consultant) on January 25, 2006, for
sales and use tax audit "backstop" services and business license audit "backstop" services. This
proposed Amendment will expand their services by adding fuel tax and credits recovery services to the
original agreement. Services include a compliance review of the City's vehicle fuel purchase and
verfication that the City is receiving applicable fuel tax refunds or credits for vehicle fuel purchases.
MuniServices will investigate and obtain for the City any tax refunds or credits due which we are not
currently receiving.
The Consultant has a high degree of experience and expertise in this area which City staff does not have
or City staff is unable to accomplish due to time constraints or limited resources. Compensation for the
fuel tax and credit recovery service will be based on a contingency fee of 25% of the new revenue the City
actually receives for a specified time period.
nks
December 9, 2008, 4:01 PM
S:WdminWdmin Reports~Admin-muni svs amend 1 dec 2008.doc
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E..~ .~- NISTRATIVE
r,~~;,=~~: REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, '~,
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 3, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-192 with Bakersfield Senior Center, Inc.
($20,000, total not to exceed $85,000) of Community Development Block Grant
funds for operational expenses at 530 4`h Street. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors for 25 years to
continue its mission to encourage older adults to participate in a volunteer activities and
programs as an integral part of the community
The City has provided Community Development Block Grant (CDBG) funds to BSC since 2002
due to the reduction in donations which continues to impact the center's operations. This
increase is being requested due to the economic times and further reduction in donations. BSC
continues to provide services through the center to ensure the health and welfare of seniors
including services such as congregant meals. In order to continue the meals at the current
service rate and due to the rising costs associated with serving the meals BSC needs additional
funding in the amount of $20,000.
Staff recommends an Amendment to the original agreement to increase the CDBG funding by
$20,000 making the agreement a total of $85,000.
S:Wdmins\City Counal\City Council Admins 2008Wmendment BSC 08-09 Admin 111808.doc
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1
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ll. ~ : .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: December 1, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb,
Dowd & Gin, L.L.P., to provide legal services to handle right-of-way/eminent domain cases
for the Westside Parkway, in an amount not to exceed $175,000. (Wards 2, 4, and 5)
RECOMMENDATION:
Staff recommends approval of the second amendment to the Agreement.
BACKGROUND:
On June 27, 2007 the City and the law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. entered into
Agreement No. 07-184 whereby Griswold, LaSalle agreed to handle six right-of-way/eminent domain
matters on behalf of the City for the Westside Parkway. The Agreement was amended on February 27,
2008 to increase the number of right-of-way/eminent domain matters to ten. The total contract amount
was $150,000.
The City is now in the process of obtaining temporary construction easements (`TCEs") in order to build a
sound wall along the east-west Phase II portion of the Westside Parkway. City staff has or is currently
negotiating acquisitions with most of the property owners who own approximately 80 parcels along this
alignment. It is estimated that the City will have to obtain five to ten of the TCEs through initiation of
eminent domain proceedings. The law firm of Griswold LaSalle has agreed to handle these legal matters
for an additional $25,000, thereby making the total contract amount $175,000.
Funds to pay for attorneys' services have been budgeted in the Public Works Department and are covered
by State Transportation Improvement Program money.
S \~~UN~ILWdmins\OS-09 AdminsWttyAgr07-184Amd2.GriswoldLasSalle-WP.dot
December 1, 2008, 4:41PM
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: I I. ILK.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: December 4, 2008
APPROVED
DEPARTMENT HEAD /II'~
CITY ATTORNEY_ _ ~'(~
CITY MANAGER ~S
SUBJECT: Amendment No. 2 to Agreement No. 06-345 with Valley Pacific Petroleum Services,
Incorporated extending the term for one (1) year and adding $4,000,000 (for a total not to
exceed amount of $12,000,000) to the Annual Contract for gasoline and diesel fuel. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On November 15, 2006, Council awarded the Annual Contract for gasoline and diesel
fuel to Valley Pacific Petroleum for a one (1) year period at $4,000,000; renewable annually thereafter for
four (4) consecutive one-year periods. On November 28, 2007, Council executed Amendment No. 1
adding an additional $4,000,000 for a revised not to exceed amount of $8,000,000 and extending term one
year to expire December 2008. If approved, Amendment No. 2 will add $4,000,000 for a revised not to
exceed amount of $12,000,000 and will extend term one year to expire December 2009. 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:~PURCHWDMIMAmendmentslAmendment #t2 to Agreement 06-345, Valley Pacific, AC Fuel, December 17, 2008.doc
December 5, 2008, 9:19AM
A
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ I _ I I _
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~~
DATE: December 3, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 4 through 9 to Agreement No. 08-062 with Granite
Construction ($50,279.50; for a revised not to exceed amount of $8,215,931.50) for
the project known as Allen Road Improvements between Ming Avenue and
Stockdale Highway (Ward 4).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: This project provides for the construction of new roadway on the Allen Road alignment
across the Kem River between Stockdale Highway and Ming Avenue.
Contact Change Order No. 4 provides for the deletion of the construction of the right tum lane on
Stockdale Highway. at Allen Road. Due to the need to obtain additional right-of--way, this element will
need to be constructed at a later date. This Change Order also provides for increasing the spacing of
hangers for a steel casing to be mounted to the new bridge. The decrease in contract item quantities
resulting from these modifications will provide a credit of ($94,671.50).
Contract Change Order No. 5 provides for the installation and maintenance of fencing for Environmentally
Sensitive Area (ESA) fencing. The environmental permits obtained by the City for this project require ESA
fencing around the entire project area. The contractor has agreed to install and maintain this fencing on
behalf of the City on a time and materials basis for an amount not to exceed $30,000.
Contract Change Order No. 6 provides for relocating an existing drain outlet. A conflict with this drain
outlet and a new driveway to be constructed as part of this project was discovered during the course of
construction. The contractor has agreed to relocate the existing drain outlet for a lump sum price of
$5,250.
Contract Change Order No. 7 provides for 50% participation in initiating a formal "Partnering" process.
The partnering process establishes a formal relationship in which current and future project issues can be
resolved in an expeditious and cost effective manner. This process involves a "partnering facilitator" who
helps to identify, track, and facilitate potential project issues. The City's 50% contribution to this effort will
result in a cost of $5,000.
Contract Change Order No. 8 provides for upgrading sewer pipe. The supplier of the specified sewer pipe
has indicated that they can not warranty their product when it is installed in a steel casing on a curved
alignment. As such, the sewer pipe needs to be upgraded to a "restrained joint" pipe. The contractor has
agreed to supply and install this pipe upgrade for a lump sum cost of $24,755.
December 4, 2008, 11:38AM
G:\GROUPDATWDMINRPT12008\12-17\000s 4 - 9 Allen Road Bridge and Improvements.doc
ADMINISTRATIVE REPORT
Contract Change Order No. 9 provides for modifications to the soundwall being installed along Allen Road.
These modifications include, increasing the height of the wall to provide at least 6 feet of height in existing
backyards, modifying the type of block to discourage graffiti, changing the color of the wall from gray to a
tan color, extending side yard fences on existing properties to tie into the new soundwall, removal of trees
and stumps in conflict with the new soundwall, and modifying a water line that is in conflict with the
foundation of the new soundwall. The contractor has agreed to provide these modifications for a total cost
of $79,946.
The net cost increase of Change Orders 4 through 9 is $50,279.50. The change orders to date on this
project reflect a total cost increase of $120,315.50 (which is an increase of 1.5% of the original contract
amount) as illustrated below:
• Original Contract Amount = $8,095,616.00
• Amended Contract Agreement after Change Orders = $8,215,931.50
Net Increase to date = $ 120,315.50
December 4, 2008, 11:38AM
G:\GROUPDAIIADMINRPT12008\12-17\000s 4 - 9 Allen Road Bridge and Improvements.doc
~tl ~~
~ , ~
ADMINISTRATIVE REPORT
~ ,t..
1
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: I1
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 4, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~P.S
SUBJECT: Contract Change Order No. 40 to Agreement No. 07-304 with Security Paving Construction
($74,641.25 for a revised not to exceed amount of $29,606,891.30) for the State Route 178
and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 at Fairfax Road and the extension of the freeway from 0.12 miles east of the Oswell Street
overcrossing to approximately 0.19 miles west of Morning Drive.
Change Order No. 40 provides for the installation of a new service connection for the landscape irrigation
system from the existing East Niles Community Services District (ENCSD) water mainline in Fairfax Road.
It had been originally planned to have ENCSD perform this work as part of their water service connection;
however, ENCSD could not meet the time lines required for the project and so staff is recommending that
Security Paving do this work instead as part of their contract for the interchange.
The net cost increase of Change Order No. 40 is $74,641.25. This provides a total cost increase of
$277,445.20 (which is a 0.96% increase from the original total contract price) as illustrated below:
• Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 202,803.95
• Current Change Order No. 40 = $ 74,641.25
• Amended Contract Agreement after Change Orders = $29,606,891.30
Net Increase to date = $ 277,445.20
Adequate state/federal funds have been previously budgeted to cover these additional costs.
G:\GROUPDATWDMINRPT\2008\12-1 TAdmin Rpt CCO 40 Fairtax Interchange Project -.doc Project # T7K021
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: I I . n t1.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
December 4, 2008
Accept bids from DDL. Traffic, Inc. ($32,845.35), McCain, Inc. ($121,386.07) and Valmont
Industries ($132,014.10) for signal equipment. (Citywide)
APPROVED
DEPARTMENT HEAD /V~
CITY ATTORNEY
CITY MANAGER ~S'
RECOMMENDATION: Staff recommends acceptance of bids for signal equipment.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for signal equipment.
Eight (8) bids were received in response to the solicitation.
In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the
bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split
as follows:
BIDDER AMOUNT
DDL Traffic, Inc. $ 32,845.35
Chino Hills, California
McCain, Inc. $121,386.07
Vista, Califomia
Valmont Industries $132,014.10
Valley, Nebraska
A spreadsheet showing unit prices is attached.
Purchasing Division
S:~PURCHWDMIMSignal Equipment, 08-09-33, December 17, 2008.doc
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ((,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 01, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_ ~.S
SUBJECT: Accept bid and award contract to Granite Construction ($701,268.10) for Street
Improvements: Double Left Turn Lane Construction at the Intersection of White Lane at
Ashe Road (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of modifying existing median islands on White Lane and modifying
existing striping on Ashe Road to accommodate double left tum lanes in all four directions. Work will also
involve modifying curbs, gutters, sidewalks, drive approaches, access ramps, traffic signal, interconnect
conductor and conduits, and relocating roadside signs, the traffic signal controller cabinet and electrical
service pedestal. This project is funded by Intermodal Surface Transportation Efficiency Act funds, and
Gas Tax funds. The Engineer's Estimate was $831,000. There are sufficient funds in the project account
to award this contract.
On November 05, 2008, a total of five bids were received; all of which are acceptable. Those acceptable
bids are as follows:
Granite Construction Company
585 West Beach Street in the amount of $701
268.10
Watsonville, CA 95076 ,
A.C. Materials, Inc.
3527 Brian Way in the amount of $726,778.75
Bakersfield, CA 93308 (County)
Griffith Company
1898 South Union Avenue in the amount of $729,396.00
Bakersfield, CA 93307 (City)
V. Lopez Jr. & Sons, Inc.
200 E. Fester #101 in the amount of $763,084.88
Santa Maria, CA 93454
Lockwood General Engineering, Inc.
10533 W. Goshen Avenue in the amount of $1,224,979.03
Visalia, CA 93291
PW/Design Engineering/SL (T7K139)
December 1, 2008, 4:05PM
G:\GROUPDATWDMINRPT\T7K139-STREET IMP-DOUBLE LEFT TURN-WHITEASHE.doc
~, ~,
~ + ~
U ~ ADMINISTRATIVE REPORT
LIF
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: 1 ! ~ „
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 3, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
Accept bid and award contract to Griffith Company ($1,319,645.00) for Resurfacing
and Reconstruction: Federal Fiscal Year 2007/2008 - Phase I (Vl/ards 2 and 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of resurfacing New Stine Road from Wilson Road to Ming Avenue,
and Oak Street from Brundage Lane to Truxtun Avenue, and reconstruction of the existing roadway on
Pacheco Road from Stine Road to Akers Road. The City is using the full depth reclamation (FDR) process
to reconstruct the pavement on Pacheco Road. This process consists of reclaiming the existing pavement
structural section and then injecting it with asphalt emulsion. This FDR process is similar to the one
recently used on Camino Media.
This project also includes some roadway repairs, striping, pavement markings, modification of access
ramps, and traffic signal detector loops. The project's funding will be 88.53% federal funds and 11.47%
from the Gas Tax Fund. The Engineer's Estimate for this project was $1,656,500.
On November 19, 2008, a total of six bids were received; all of those are acceptable. Those acceptable
bids are as follows:
Griffith Company
1898 South Union Avenue in the amount of ($1,319,645.00)
Bakersfield, CA 93307 (City)
Granite Construction Company
585 W. Beach Street in the amount of ($1,364,682.85)
Watsonville, CA 95076
A/C Materials, Inc
3527 Brian Way in the amount of ($1,381,600.01)
Bakersfield, CA 93308 (City)
Burtch Construction Inc.
18815 Hwy. 65 in the amount of ($1,555,104.07)
Bakersfield, CA 93308 (City)
PW/Design EngineeringWOE Page 1 of 2
December 5, 2008, 9:38AM
G:IGROUPDATWDMINRPT\2008\12-17\Resurfacing_Reconstruction Phase I - T8K119.doc
ADMINISTRATIVE REPORT
Cruco Construction Group
2443 Foundry Park Ave.
Fresno, CA 93706
Maverick Asphalt, Inc.
3131 Wear St.
Bakersfield, CA 93308 (City)
in the amount of
in the amount of
($1,561,341.30)
($1,620,895.00)
PW/Design EngineeringUOE Page 2 of 2
December 5, 2008, 9:38AM
G:\GROUPDATWDMINRPT\2008\12-17\Resurfacing_Reconstruction Phase I - T8K119.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: I I ., .,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 3, 2008
Accept bid and award contract to Griffith Company ($1,296,794.00) for
Resurtacing: Federal Fiscal Year 2007/2008 -Phase II (Wards 1, 2, and 3).
APPROVED
DEPARTMENT HEAD -~ `~--~
CITY ATTORNEY
CITY MANAGER ~S
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of resurtacin~g University Avenue from Haley Street to Mount
Vernon, Q Street from Golden State Highway to 31 Street, 4~' Street from H Street to P Street, and
Brundage Lane from Chester Avenue to Union Avenue.
This project also includes some roadway repairs, striping, pavement markings, modification of access
ramps, and traffic signal detector loops. The project's funding will be 88.53% federal funds and 11.47%
from the Gas Tax Fund. The Engineer's Estimate for this project was $1,564,400.
On November 19, 2008, a total of six bids were received; three of those bids are acceptable. Those
acceptable bids are as follows:
Griffith Company
1898 South Union Avenue in the amount of $1,296,794.00
Bakersfield, CA 93307 (City)
A/C Materials, Inc.
3527 Brian Way in the amount of $1,334,338.10
Bakersfield, CA 93308 (City)
Granite Construction Company
585 W. Beach Street in the amount of $1,346,499.25
Watsonville, CA 95076
PW/Design EngineeringlJOE
December 4, 2008, 2:17PM
G:\GROUPDA'TIADMINRPT~2008\12-171Resurfacing Phase II - TSK148.doc
F Bo,
ADMI
NISTRATIVE REPORT
~*
L/
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~~, rr
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 5, 2008
AP ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept low bid and award contract to Precision Analytical, Inc. ($183,980.60) to
construct the Driveway Entrance Remodel United States Postal Service (U.S.P.S.)
Hillcrest Carrier Annex Project. (Ward 3)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: During development of the design of the SR178/Fairtax Road interchange project,
Caltrans required that their standard be met that prohibits driveways being located on streets near to the
point where their freeway on and off ramps intersect with the street. Westbound on and off ramps to/from
SR178 intersect Auburn Street nearly opposite of an existing driveway that serves the U.S.P.S. Hillcrest
Carrier Annex Facility. This caused the need to close this driveway and provide alternative access to the
Postal Facility. This resulted in the only other feasible access being from Auburn Oaks Drive adjacent to
the north side of the Postal Facility. The City has worked with U.S.P.S. for several years on this project,
has already purchased some additional property for this new access, and is currently installing a traffic
signal at Fairtax Road and Auburn Oaks Drive all to facilitate this new access. This project will now
complete this new access and close the current access to Auburn Street. As several large trucks access
this facility daily, U.S.P.S. standards require concrete pavement in the areas where these trucks drive on
the Facility site and this pavement is part of this project. The project also includes installing new driveway
entrances to Auburn Oaks Drive, some walls, fencing, and landscaping/planter areas. The Engineer's
Estimate for this construction contract was $177,733.00. Sufficient funds are budgeted to award this
contract.
On November 13, 2008, a total of five bids were received; all of those bids were acceptable. Those
acceptable bids are as follows:
Precision Analytical, Inc. (City)
321 19~' St.
Bakersfield, CA 93301
Carvalho Construction, Inc.
540 Doverlee Dr.
Orcutt, CA 93455
$183,980.60
$189, 990.00
December 4, 2008, 2:04PM
G:IGROUPDATIADMINRPT\2008\12-17\Driveway Entrance Remodel Project Admin.doc
ADMINISTRATIVE REPORT
JTS Construction (City) $192,228.30
7001 McDivitt Dr., Ste. B
Bakersfield, CA 93313
Victory Engineers, Inc. $193,212.00
575 E. Alluvial Ave. Se. 106
Fresno, CA 93720
Griffith (County) $284,851.00
1898 S. Union Avenue
Bakersfield, CA 93307
December 4, 2008, 2:04PM
G:\GROUPDAIIADMINRPT\2008\12-17\Driveway Entrance Remodel Project Admin.doc
A
~ ~
U ADMINISTRATIVE REPORT
~,
LI 0
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: 55 .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 4, 2008
CITY MANAGER
Accept bid and award contract to Water Splash, Inc. ($78,475.68) for Saunders Park Wet
Play Equipment (Ward 1).
APPROVED
DEPARTMENT HEAD ~~ ~'t-~`
CITY ATTORNEY ~~
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: City staff requested Vortex to prepare an acceptable design for Saunders Park Wet
Play based upon previous equipment used at other spray parks. City staff also requested Vortex to
prepare specifications for all features which could be included in the City's bid package.
The City then advertised this equipment bid on October 23, 2008 for "approved equal" products. After
reviewing submitted "or equal" proposals, City staff determined that only manufacturers of stainless steel
equipment would be acceptable bidders for this park.
On November 18, 2008, Design Engineering issued a letter to the three acceptable bidders.
Funding for this equipment is from the Park Improvement Fund. The Engineer's Estimate was $107,000.
Sufi'icient funds are budgeted to award this contract.
On November 26, 2008, a total of four bids were received; two of those bids are acceptable. Those
acceptable bids are as follows:
Water Splash, Inc.
818 Suite 110 West 9~' Avenue
Wilmington, DE 19801 in amount of $78,475.68
Miracle Playground Sales
9196 Stellar Court
Corona, CA 92883 (Vortex) in amount of $97,692.70
WGM
P9C104
December 4, 2008, 4:36PM G:\GROUPDAIIADMINRPT12008\12-17\Saunders Park Wet Play Equipment Purchase.doc
G:\G ROUPDATIADM I NRPTIADM IN FORM. doc
A
~ ~
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: J, .~.~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 4, 2008
APPROVED
DEPARTMENT HEAD ~,r - ~/
CITY ATTORNEY
CITY MANAGER ~S
Accept bid and award contract to A/C Materials, Inc. ($566,599.45) for the construction of
the Shoulder Paving Various Locations: S. Mt. Vemon Ave. & E. Planz Rd. (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City designed plans and specifications for a shoulder paving project along S. Mt.
Vernon Ave. McIntosh and Associates was working on another project that required construction of a
water line within our shoulder paving limits. Due to the water line construction the City decided to
coordinate both projects together, minimizing our construction efforts. This bid is the product of that
coordination effort. Both projects are federally funded (CMAQ) projects. The engineer's estimate was
$947,460. There are sufficient funds for the construction of the projects.
On December 2, 2008, a total of seven (7) bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
A/C Materials, Inc.
3527 Brian Way
Bakersfield, CA 93308 (City) in the amount of $566,599.45
Granite Construction Company
585 W. Beach St.
Watsonville, CA 95076 in the amount of $613,316.00
The Aleco Corporation
1706 Sunnyside Ct.
Bakersfield, CA 93308 (City) in the amount of $677,111.00
Griffith Company
1898 South Union Ave.
Bakersfield, CA 93307 (City) in the amount of $693,487.00
Cruco Construction Group, Inc.
2443 Foundry Park Ave.
Fresno, CA 93706 in the amount of $714,504.50
December 4, 2008, 2:17PM
G:\GROUPDATWDMINRPT12008\12-1TShoulder Paving 8 Water Line - S. Mt. Vemon Ave.doc
ADMINISTRATIVE REPORT
Maverick Asphalt, Inc.
3131 Wear Street
Bakersfield, CA 93308 (City)
V. Lopez Jr. & Sons, Inc.
200 E. Fester, Ste 101
Santa Maria, CA 93454
(tma)
(T5K155 & 08K103)
in the amount of
in the amount of
$751, 025.84
$862, 360.75
December 4, 2008, 2:17PM
G:\GROUPDATWDMINRPT\2008\12-171Shoulder Paving & Water Line - S. Mt. Vemon Ave.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: /~, U u ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
December 4, 2008
Accept bid and award contract to Pickinpaugh Concrete Construction, Incorporated (not to
exceed $100,000) for the annual provision -Block Wall Repair. (Citywide)
APPROVED
DEPARTMENT HEAD__ /,~/~
CITY ATTORNEY
CITY MANAGER ~S
RECOMMENDATION: Staff recommends acceptance of the bid, award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: In August 2007, a bid solicitation was processed for the Annual Contract for Block Wall
Repair. No bids were received. In order to continue the repairing of damaged block walls, the Recreation
and Parks Department processed departmental agreements with Gonzales Multi Masonry. In October
2008 the City made another attempt to solicit bids for block wall repair. Invitations to bid were sent to over
eight hundred (800) bidders who met the basic licensing requirements for the Annual Contract for Block
Wall Repair.
One bid was received from Pickinpaugh Concrete Construction, Incorporated, Bakersfield. The City's
previous vendor declined to bid due to recent media publicity. Other potential bidders contacted were
either unable to meet the City's bonding requirements or were not interested in promising a timely
response in repairing damaged walls. Staff finds the sole bid from Pickinpaugh Concrete Construction,
Incorporated, to be acceptable and recommends award of the contract in the amount of $100,000 for the
annual provision for Block Wall Repair. Each individual repair project and cost quote will still be reviewed
at the staff level prior to authorization of work to begin on each specific repair job.
Purchasing Division
Kb
S:IPURCHWDMINIAC f3lodc WaII Repair, 08-09-29, Pickinpaugh Concrete, December 17, 2008.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: y,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
December 3, 2008
APPROVED
DEPARTMENT HEAD /~'
CITY ATTORNEY
CITY MANAGER ~.S
Rescind bid award to Bakersfield Truck Center ($297,628.74) for one (1) side loading
refuse truck.
RECOMMENDATION: Staff recommends rescinding award to Bakersfield Truck Center.
BACKGROUND: On June 11, 2008, Council awarded a side loading refuse truck in the amount of
$297,628.74 to Bakersfield Truck Center. In a letter dated November 21, 2008, Bakersfield Truck Center
has requested to be relieved of the obligation to supply the refuse truck due to their inability to guarantee
delivery of the awarded item. Staff has reviewed this request and recommends rescinding the bid award
and will request approval to replace this item from another vendor on a separate agenda item at this
evening's meeting.
Purchasing Division
S:IPURCHWDMIIV1Side Loading Refuse Truck, Rescind Award, December 17, 2008.doc
December 4, 2008, 10:18AM
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: W W,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 3, 2008
APPROVED
DEPARTMENT HEAD /VS
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Accept bid from Golden State Peterbilt in the amount of $2,557,030.75 for two (2)
replacement LNG front loading refuse trucks and seven (7) LNG side loading refuse trucks
(6-replacement, 1-additional) for the Public Works Department Solid Waste Division.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing LNG
refuse trucks for the Solid Waste Division.
Two (2) acceptable bids were received in response to solicitation and are as follows.
BIDDER FRONT LOADING 12) SIDE LOADING (71
Golden State Peterbilt $488,509.42 $2,068,421.33
Bakersfield, California
Bakersfield Truck Center $549,676.80 $2,306,448.35
Bakersfield, California
The Refuse Trucks to be replaced have reached their life expectancy and are costing more to operate and
are breaking down more frequently. These refuse trucks operate on diesel, new refuse trucks will be LNG
powered and will operate cleaner than diesel. The Kern Council of Governments for the Congestion
Mitigation and Air Quality Program (CMAQ) will fund $27,292 per unit of the incremental $30,828 cost
difference between diesel and LNG (total funding available $226,000).
The seven (7) LNG side loading refuse trucks quantity includes one (1) additional unit to replace a rescind
award item referenced in a separate item on tonight's agenda.
Staff finds the bid from Golden State Peterbilt, Bakersfield, California to be acceptable and recommends
award of the bid and utilization of the approved CMAQ funding availability.
Purchasing Division
Kb
S:IPURCHWDMIMFront and Side Loading Refuse Trucks, OS-09-21, 08-09-22, December 17, 2008.doc
A
pots
F ~ ~~
ADMINISTRATIVE REPORT
~ ~.~ w~
t
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas -Public Works Director
DATE: December 5, 2008
APPROVED
j
DEPARTMENT HEAD
CITY ATTORNEY D^
CITY MANAGER IGJ
SUBJECT: Accept bid and award contract to Housley Demolition Excavation ($72,975.00) for the
demolition of 830 California Avenue the former Carriage Masters Building (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND:
In September, 2007 the Bakersfield Redevelopment Agency acquired the property at 830 California
Avenue for future development of the commercial component of the Millcreek South, Mixed Use Project
Federal Section 108 funds were used for this acquisition which required an extensive environmental
review process including a Cultural Resources Record Search from the Southern San Joaquin
Archaeological Information Center at CSUB. Upon completion, this report was forwarded to the State
Historic Preservation Officer (SHPO) with findings that the property at issue was not listed in the National
Register of Historic Places, the California Register, the California Inventory of Historic Resources or the
California Points of Historical Interest Inventory. A subsequent response received by the City from SHPO
stated that pursuant to 36 CFR Section 800.4(d) there were no objections to the determination that no
historic properties will be affected by the undertaking and based upon this determination by SHPO the City
of Bakersfield had completed the Historic review process.
In addition to the above referenced actions, other documents were researched regarding the historical
designation status of the subject property. These sources include the °Second Year Cultural Resources
Survey" -Downtown Area, the Bakersfield Register of Historic Places" which refers to the official city list of
designated cultural resources, historic districts, and areas of historic interest. 830 California Avenue was
not included in these documents. A chronology of these actions is attached to the Administrative Report
as "Attachment A".
Further Actions:
In June, 2008, a few members of the community voiced their concerns about the demolition of 830
California Avenue and contacted SHPO claiming. that the City did not identify and evaluate the property for
National Register eligibility due to its unique architectural features and its association with the "established
and noted" California architect Clarence Cullimore, Sr. This correspondence prompted a response from
SHPO to the City suggesting that additional historical research be conducted on the property for potential
placement on the National Register. To address this concern, staff proceeded in identifying other
examples of the architects work including one commercial property at 801 18~' Street and 15 various
residential properties. The property search supports that the 830 California Avenue property is not unique
December 9, 2008, 4:01 PM
G:IGROUPDATIADMINRP112008111-191Carriage Masters Demolition.doc
ADMINISTRATIVE REPORT
in relationship to its architectural features as the building at 801 18th Street contains the same the and
bricks as the subject property. Additionally, staff identified several similar commercial buildings that used
the same brick, the and architectural style as others in the immediate area indicating duplicative
architectural efforts. Staff responded to the SHPO inquiry on December 9, 2008. See "Attachments B" for
letter and related photos.
Structural Concerns:
In June, 2008, Economic and Community Development staff requested that the City Building Department
conduct a structural observation survey and report back the findings. As a result of this survey it was
found that the building has been ineffectively retrofitted, is structurally unsound and in its current use as a
warehouse/industrial structure would require extensive and costly structural modifications to be used for
any other purpose. The structural survey is attached to the Administrative Report as "Attachment C".
Demolition Bids:
Staff recommends demolition of the structure located at 830 California Avenue. On December 2, 2008, a
total of twelve (12) bids were received; ten (10) of those bids are acceptable. Those acceptable bids are
as follows:
Housley Demolition Excavation
1816 S. Tamarack
Visalia, CA 93277 in the amount of $72,975.00
Bowen Engineering & Environmental
4664 S. Cedar Ave.
Fresno, CA 93725 in the amount of $78,880.00
Cal Lowbed Service, Inc.
4650 Rosedale Ln
Bakersfield, CA 93314 (City) in the amount of $93,000.04
Caglia Demolition & Recycling
3457 S. Cedar
Fresno, CA 93725 in the amount of $99,350.00
Kemen & Son Engineering Contractors
5499 Harrison Rd.
Paradise, CA 95969 in the amount of $104,763.00
Dirt Worx, Inc.
2730 Unicorn Rd., Ste. A
Bakersfield, CA 93308 (City) in the amount of $114,000.00
December 9, 2008, 4:01 PM
G:IGROUPDATIADMINRPT12008\11-191Carriage Masters Demolltion.doc
ADMINISTRATIVE REPORT
Concrete Cutting Unlimited, Inc.
4101 Well Tech Way
Bakersfield, CA 93308 (City) in the amount of $120,000.00
Gilliam & Sons, Inc.
9831 Rosedale Hwy
Bakersfield, CA 93312 (City) in the amount of $129,399.00
Kroeker, Inc.
4627 S. Chestnut Ave.
Fresno, CA 93725 in the amount of $133,974.00
American Wrecking, Inc.
2459 Lee Ave.
South EI Monte, CA 91733 in the amount of $147,282.00
Conc=
Staff has been working diligently over the past several years in preparation of the South Mill creek site for
turnover to the two developers under contract with the Redevelopment Agency. As referenced in this staff
report the due diligence process in the area of architectural and historical significance have been
extensive and thorough. It is critical to the Millcreek Mixed Use Project that the scheduled demolition
continues as planned. A vacant and boarded up building is unsafe, blighted and an eyesore to the project.
It is a nuisance and attracts vagrancy, trash and vandalism. Maya Cinema is planning to begin
construction work on approximately 30,000 square feet of new retail and restaurant pads in the next few
months to provide a food and shopping. plaza for the new theater. Allowing the Carriage Master building to
remain standing and boarded up gives the appearance of blight and neglect for the area and will make it
difficult for Maya to attract quality tenants for the new Theater Plaza area. The public and private
investment commitment for Mill Creek exceeds $300 million dollars. This investment will bring recreation,
retail and food service amenities, affordable housing, new sales tax, property taxes and employment
opportunities to the Southeast and Downtown community. Unnecessary delays to the project could result
in forfeiture of several of these commitments to cash strapped federal and state financing agencies. An
explanation of the Carriage Master Building demolition issues is attached to the Administrative Report as
"Attachment D".
December 9, 2008, 4:01 PM
G:IGROUPDATVIDMINRPT2008\11-191Carriage Masters Demolltion.doc
MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~(,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 2, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY___t~~
CITY MANAGER
SUBJECT: Audit Reports to be Referred to Budget and Finance Committee:
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008.
2. Independent Auditors Report -Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2008.
3. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2008.
4. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2008.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to
as the City's Annual Audit Report, for the fiscal year ended June 30, 2008. The CAFR
represents the City's financial statements as of June 30, 2008, which are audited by the
accounting firm of Brown Armstrong Paulden McCown Starbuck Thornburgh 8~ Keeter,
Accountancy Corporation. The current compliance report issued by the outside auditors
indicates that the City complied, in all material respects, with accounting principals generally
accepted in the United States of America.
2. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the
Bakersfield Subregional Wastewater management Plan. The City's compliance with contract
requirements is audited on an annual basis. The current Compliance Report, issued by the
outside auditors, indicates that the City was thirteen days late in submitting a tentative budget
to the Technical Advisory Committee for their review and approval. There were no other audit
findings.
3. Attached is a letter from the City's independent auditors Brown Armstrong Paulden McCown
Starbuck Thornburgh &Keeter, Accountancy Corporation indicating they have completed their
1 of 2
S:VWminVldmin Reports~2008 CAFR refer to bud.doc December 2, 2008, 4:41 PM
A
OF y op
U ~ ADMINISTR
ATIVE REPORT
..
F
annual review of the Appropriations Limit Worksheet prepared by the City in accordance with
Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is
performed by the auditors as part of their contract to provide auditing services to the City of
Bakersfield. The agreed upon review procedures are substantially less in scope than an audit
and therefore no audit opinion is expressed regarding the calculation.
4. Attached is the independent audit report for the Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &Brighthouse Networks Amphitheatre, for the fiscal
year ended June 30, 2008. This audit report presents the financial statements for this
operational unit as of June 30, 2008. The City is under contract with SMG to manage the
Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center &Brighthouse
Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an
independent audit report to the City after the end of each fiscal year. This audit report was
prepared by the accounting firm of Barbich, Longcrier, Hooper & King.
2of2
S:VWminWdmin Reports~2008 CAFR refer to bud.doc December 2, 2008, 4:41PM
MEETING DATE: December 17, 2008 AGENDA SECTION: New Business
ITEM: //,
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: November 24, 2008
SUBJECT: Fiscal Year 2008-09 Budget Reductions
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Reduce Council Contingency appropriations in the General Fund Non-departmental
budget by $200,000.
2. Reduce Retiree Health Insurance appropriations in the General Fund Non-
departmental budget by $2,500,000.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
At the November 19, 2008 City Council meeting the City Manager presented an overview of the City's
worsening budget situation as a result of current economic conditions. As part of the report the City
Manager indicated that due to declining sales taxes and other revenues, it may be necessary to reduce
the amount being annually set aside towards the retiree medical insurance unfunded liability in order to
offset the amount of potential budget reductions. Due to the current economic situation, staff is
recommending that the appropriations for retiree medical insurance be reduced by $2,500,000 for FY
2008-09.
Additionally, there was discussion regarding Council Contingency and use of those funds to offset
potential cuts to city operations. For the 2008-09 budget there is 250,000 budgeted in Council
Contingency. To date none has been expended. Council Contingency is available at City Council
discretion for unforeseen events or expenditures. In the past, Council Contingency has been used to fund
a portion of increases to medical insurance premiums; sister city travel; contributions to non-profits
including the Symphony, Museum of Art, Bakersfield Senior Center and the Bakersfield Music Theater;
funding for capital projects such as the Aquatic and Ice Center and the southwest Fire and Police facility;
funding of equipment such as dump trucks; and other contributions and programs. Based upon current
financial circumstances, staff recommends reducing Council Contingency by $200,000 for FY 2008-09.
December 9, 2008, 2:53PM
Fiscal Year 2008-09 Budget reductions 12-17-08
B n KE[[~~
O~S(,OVOp,,r~ ~C
ADMINISTRATIVE REPORT
~~~~
c9LIF0 ~
MEETING DATE: December 17, 2008 AGENDA SECTION: Hearing
ITEM: Q,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 18, 2008
APPROVED
DEPARTMENT HEAD ~ .'~,,,_
~~
CITY ATTORNEY
CITY MANAGER ~.S
Public hearing to consider resolution adopting the 2007-2028 Regional Transportation
Facilities List and Fee Schedule, Phase III. (All Wards)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code requires that the City Council adopt
the Regional Transportation Facilities List and the Transportation Impact Fee Schedule annually. The
Regional Transportation Facilities List includes those projects in the Metropolitan Bakersfield General Plan
area which are included in the adopted Capital Improvement Plan annually updated by the City Council.
These facilities constitute some of the regional facilities needed to maintain a LOS "C" or prevent the
degradation of roads which are currently below LOS "C" as shown in the Metropolitan Bakersfield General
Plan -- Circulation Element.
This update includes the cost of living increase required by the City's ordinance. The last time the costs
were updated, the fees and costs were brought current to 2006, so the Construction Cost Index from 2006
to 2007 was applied to the list and fee schedule. The 2006/2007 Construction Cost Index increase is
3.92%. The Traffic Impact Fee for asingle-family residence will increase from $7,066 to $7,343.
It should also be noted that City Staff, in cooperation with County staff, are currently working on the Phase
IV update of the Traffic Impact Fee Program. This update will include positive adjustments brought on by
the Thomas Roads Improvement Program as well as updated traffic model information.
Staff is recommending that the Regional Transportation Facilities List be revised as attached. Staff has
revised the Facilities List to account for completed and modified projects. A summary sheet showing the
changes is attached (See attached Exhibit C).
phs
G:\GROUPDAT\ADMINRPT\2008\12-17\TIF Schedule Increase Admin.doc
oar
~ ~ ~~
ADMINISTRATIVE REPORT
~~ .
!FO
MEETING DATE: December 17, 2008 AGENDA SECTION: Deferred Business
ITEM: /5, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 9, 2008 CITY ATTORNEY
CITY MANAGER
Report on Recycling Program Issues:
1. The Cost of a Feasibility Study for Recycling Facilities (All Wards)
2. Possible Ways to Expand the City's Blue Cart Recycling Program (All Wards)
APPROVED
DEPARTMENT HEAD
RECOMMENDATION: Staff recommends that the City Council receive and file this report, with no further
action because:
A. The City is currently on track to comply with the State recycling mandate.
B. Revenues from the sale of recyclables are weak to nonexistent with the global market decline,
leaving program and facility costs to be covered solely by service fees.
C. The current economic climate would make it difficult for ratepayers to afford extra fees for new
facilities or services.
BACKGROUND: This report is to follow up on two different recycling issues previously addressed by the
City Council, as described below.
1. Recvclinst Facility Feasibility Study
At the May 21, 2008 City Council Meeting, staff was directed to develop a scope of work and budget for a
joint City/County consultant study of the cost and advisability of a material recovery facility (MRF) for
recycling. Staff issued a request for proposals to ten consulting firms. Proposals were received from
three qualified firms. City and County staff have reviewed the proposals. The most qualified and least
costly proposal was submitted by Shaw Environmental, Inc., at a cost of $119,050. The County would
fund half of the study's cost based under the current City/County Solid Waste Memorandum of
Understanding. The study would require seven months to complete. It would compare two differing
approaches to expansion of the City's recycling program, which are:
A. Collection of recyclables separately from refuse, and processing them at a "clean" MRF.
B. Sorting of recyclables from raw refuse at a "dirty" MRF, without separate collection.
During the course of obtaining proposals for the study, staff has found that most recycling programs use
separate collection and the "clean" MRF approach, because clean recyclables have greater economic
value. Programs using the "dirty" MRF approach actually sort only part of the commercial refuse, and
SolidWaste (kb)
G:\GROUPDATVIDMINRPT\2008\12-17\Recycling Report 12-17-08.doc
December 9, 2008, 2:38 PM
seldom recycle any of the raw residential refuse. Therefore, the study of a "dirty" MRF is not likely to
address the issue of residential recycling.
Since the May direction of City Council to develop the study, there have been some new events and
changes, as follows. The national, state, and local economics have gone into crisis. Revenues at all
levels are dropping. The unbudgeted study is $119,050, but a full MRF would be tens of millions of
dollars. In the present economy, a reasonable argument could be made to save the $119,050 since the
capital and operating expenses of the full project are likely unaffordable anyway.
Finally, part of the reason for contemplating a MRF was anticipation of State law changes that might
increase recycling mandates. While an increased mandate has not come out of the legislature, Senate Bill
1016 has just been enacted to emphasize more program-oriented recycling rather than simple changes in
percentages. Jumping into an expensive MRF before seeing how the State will enforce SB 1016 could be
a costly mistake.
2. Possible Expansion of the Blue Cart Recvclino Program
At the March 31, 2008 Budget and Finance Committee meeting, Council Member Benham requested staff
to look into possible expansion of the City's blue cart recycling program to include multi-unit dwellings and
commercial locations. These and other efforts to expand the program are discussed below:
A. Multi-Unit Dwelling Recycling -Staff prepared a cost estimate for blue cart service at multi-unit
dwellings. The program would cost about $5.64 per month per dwelling unit in small complexes,
and $3.04 per month per dwelling unit in large complexes. The program would result in a
"recycling percentage" score of about 0.5% toward the 50% State mandate.
B. Commercial Recycling -The City provides various commercial recycling options, as described
below. Participation is limited, due to challenges many businesses face in educating their staff and
spending time separating recyclables. For example, the City has to sometimes cancel cardboard
bin service due to trash being placed repeatedly in recycling bins. Staff is continuing to show
businesses how to recycle and reduce their refuse bills.
1. Cardboard Bins - A dedicated route picks up cardboard from fast food and retail locations.
Customers are charged less than refuse service, but participation is limited due to space
needed for extra bins and turnover/training issues at the businesses.
2. Industrial Compactors -About one third of the large industrial compactor loads from major
retail centers contain a mix of recyclables with very little trash, and are handled by the
construction and demolition material sorting facility on Mt. Vernon Avenue.
3. Commercial Blue Carts -Blue recycling carts are available to businesses at the same $4
per month fee as the residential program, and several dozen businesses participate.
However, many businesses choose not to participate due to the in-house labor needed to
handle separate sets of waste baskets and recycling bins in their buildings.
C. Residential Blue Cart Program Expansion - A variety of tactics have been used or considered to
increase participation in the residential blue cart program:
1. Program flyers were clipped directly to 45,000 trash carts to get the attention of residents,
with a refrigerator magnet clip as a gift. Unfortunately, only about 250 new signups resulted
from this effort.
SolidWaste (kb)
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December 9, 2008, 2:38 PM
2. The basic service level for all new residential customers could be changed from one tan
and green cart to include a tan, green, and blue cart. This could easily be done for all
newly constructed homes. However, it would be difficult to administer this for ownership
changes for existing homes, as the City does not normally receive notice of home
ownership changes from the County Assessor's Office. This topic may be further
considered by the Budget and Finance Committee.
3. Fee incentives for using blue carts in place of extra tan refuse carts have worked to some
extent. After the City Council increased the extra tan cart fee and lowered the blue cart fee
in 2007, several hundred homes switched to blue carts. However, several hundred homes
still use extra refuse carts. The Budget and Finance Committee may wish to consider
further increasing the extra refuse cart fee.
4. The billing system for the blue cart program is a burden for the customers and needs to be
streamlined. To save printing and mailing costs, the current system bills quarterly instead
of monthly. However, these small $12 quarterly bills are often overlooked or confusing to
people who are accustomed to monthly bills. A customer survey indicated that most
participants would like to include the recycling fee on their property tax bill to avoid writing a
quarterly check for only $12. The Budget and Finance Committee may wish to consider a
change in the billing system.
5. Local processing of recyclables is being developed. Currently, mixed recyclables from the
blue cart program are sorted by a company in Fresno. Bids were recently received for the
City's sorting equipment to be paid for by a $1,500,000 State grant. The equipment bid
award will be placed on a January 2009 agenda. Staff will soon issue a request for
proposals (RFP) for a sorting contractor to use the equipment to sort and sell recyclables.
However, the RFP process may be delayed because market prices are at zero value since
the global demand for raw materials has ceased in the current recession.
Staff recommends that the Council receive and file this report for future reference. The City is currently on
track to comply with the State recycling mandate, and the current economic climate would make it difficult
for residents, landlords, and businesses to pay for additional facilities and programs.
###
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December 9, 2008, 2:38 PM
A
~ ~
ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2008 AGENDA SECTION: New Business
ITEM: G , 0. ,
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Clerks DEPARTMENT HEAD C,
DATE: December 5, 2008 ~~,,~~ __ CITY ATTORNEY
CITY MANAGER S
SUBJECT: Election of Vice-Mayor.
RECOMMENDATION:
To be determined by Council.
BACKGROUND:
Following a Council election, and in accordance with City Charter, Council shall elect one of its members
Vice-Mayor at the first meeting the new Council takes office.
At the next regularly scheduled City Council meeting on January 14, 2009, and in accordance with Section
2.02.020 of the Municipal Code, the newly elected Vice-Mayor shall make appointments to all committees.
The following is a list of current standing, ad hoc committees and other Special Board appointees, to be
filled on that date:
Standino Committees:
Budget and Finance
Community Services
Legislative and Litigation
Personnel
Other Vice-Mavor Anaointments:
Kem Council of Governments
Kern Economic Development
Kem County Museum Authority
P~
Planning and Development
Safe Neighborhoods and Community Relations
Water Resources
Local Agency Formation Commission
Solid Waste Management Advisory
Planning Commission Liaison
December 5, 2008, 3:57PM
s:electione\admin rpt\7006\vice-mayorelection
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 19, 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
Kenneth Cannon spoke regarding the motto for
Bakersfield, urged the City Council to change the motto
from "Bakersfield, Life As It Should Be" to Bakersfield, A
Great Place to Live", submitted a copy of his written.
statement, and provided bumper stickers.
3. APPOINTMENTS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 5, 2008
Regular City Council Meeting.
Payments:
ACTION TAKEN
b. Approval of department payments from October 24, ABS WEIR
2008 to November 6, 2008 in the amount of
$11,218,033.32 and self-insurance payments from
October 24, 2008 to November 6, 2008 in the
amount of $194,018.72.
Bakersfield, California, November 19, 2008 -Page 2
4. CONSENT CALENDAR continued
Ordinances:
c. First Reading of Ordinance amending Section
17.06.020 (Zone Map No. 103-19) of the Municipal
Code by changing the zoning from PCD (Planned
Commercial Development) to revised PCD on 3.87
acres located at the westerly terminus of West
Jeffrey Street; west of Union Avenue (ZC #08-0595
- Hughes Surveying representing Sigford
Investment, LLC).
d. First Reading of Ordinance amending Section
17.06.020 (Zone Map 143-06) of the Municipal
Code by changing the zoning from A (Agriculture)
zone to C-2 (Regional Commercial) zone on 4.5
acres and from A (Agriculture) to R-1 (One Family
Dwelling) zone on 20.14 acres located at the
southwest corner of Taft Highway and Chevalier
Road (ZC #08-0491 -Moreland Consulting Inc.
representing Mid Town Development).
e. Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map No. 103-22) of the Municipal Code by changing
the zoning from R-1 (One Family Dwelling) to
C-2/PCD (Regional Commercial/Planned
Commercial Development) on 8.41 acres located on
the north side of Mall View Road, south of Highway
178, approximately 1/4-mile west of Oswell Street.
(ZC #08-0472 - KSA Group Architects representing
Gardens at East Hills, LLC) (FR 11/05/08)
Adoption of Ordinance amending Municipal Code
Section 1.12.010 by adding Annexation No. 581
consisting of 77.72 acres, located on the east side
of Fairfax Road, south of Redbank Road to Ward 1.
(FR 11/05/08)
g. Amendment No. 4 to Agreement No. 97-39 with
Public Employees' Retirement System (PERS):
Adoption of Ordinance authorizing an
amendment to the Contract of Administration
of the Public Employees' Retirement System
to provide Section 21354.5 (2.7°~ ~ 55 full
formula) and Section 20037 (three year final
compensation) for the local miscellaneous
members. (FR 10/22/08)
ACTION TAKEN
FR
FR
ORD 4546
ORD 4547
ORD 4548
Bakersfield, California, November 19, 2008 -Page 3
4. CONSENT CALENDAR continued
2. Agreement with the Public Employees'
Retirement System to provide Section
21354.5 (2.7% ~ 55 full formula) and
Section 20037 (three year final
compensation).
Resolutions:
h. Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City of 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.
ACTION TAKEN
AGR 97-39(4)
RES 189-08
Resolution approving application proposing RES 190-08
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 610
consisting of 186.70 acres, located at the southwest
comer of Old River Road and Taft Highway.
j. Resolution ordering the summary vacation of a RES 191-08
public road easement dedication, two storm drain
easements and a sewer easement south of Brimhall
Road and approximately 701.50 feet west of Coffee
Road.
Master Agreement with the State of California,
Department of Transportation (Caltrans) for State
Funded Projects:
Resolution authorizing the Public Works RES 192-08
Director or designee to execute Program
Supplemental Agreements and any
amendments to those particular agreements
with Caltrans in order to receive state
funding for transportation projects.
2. Agreement with Caltrans (Master Agreement qGR 08-199
No. 00210S).
Hazardous Materials Emergency Preparedness
(HMEP) Grant:
Resolution approving the application for the RES 193-08
HMEP Grant.
Bakersfield, California, November 19, 2008 -Page 4
4.
CONSENT CALENDAR continued ACTION TAKEN
Item 4.1. continued
2. Amend Agreement with Robert Olson (not to AGR 08-200
exceed $66,805.00) for the completion of
Emergency Operating Plan and requisite
training.
m. Local Emergency Planning Commission (LEPC)
Hazardous Materials Emergency Preparedness
(HMEP) State Grant:
Resolution approving the application for the RES 194-08
LEPC Grant.
2. Appropriate $25,000.00 to the Fire
Department Operating Budget in the General
Fund.
Resolution of Intention No. 1627 to add territory, ROI 1627
Area 4-89 to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving the Public Works Director's Report.
o. Resolution of Intention (ROI) forming Traffic Signal
Maintenance Districts and preliminarily adopting,
confirming and approving the Public Works
Director's Report:
Resolution of Intention No. 1626 to form area ROI 1626
TS-18 (NW comer of S. "H" Street and
Berkshire Rd).
2. Resolution of Intention No. 1628 to form area ROI 1628
TS-15 (420 34th Street).
Agreements:
p. Final Map and Improvement Agreements with
Community Action Partnership of Kem for parcel AGR 08-201
map 11782 located south of East Brundage Lane AGR 08-202
and west of South Washington Street.
q. License Agreement with CompuCom Systems, Inc. AGR 04-241(4)
($230,259.41) to provide microsoft licenses for
1,029 computers.
r. Sump Easement and Common Use Agreement with AGR 08-204
the City, Kern Delta Water District, the Davis Family
Trust and Panama and Gosford Retail, LLC.
4.
Bakersfield, California, November 19, 2008 -Page 5
CONSENT CALENDAR continued ACTION TAKEN
s. Utility Agreement with Southern California Gas Co. AGR 08-205
($130,906.00) for the relocation of a high pressure
gas pipeline across the Friant Kern Canal. (TRIP).
t. Settlement Agreement with JP/CP, Inc.
($615,000.00) to purchase real property for the AGR 08-206
Westside Parkway Project located west of Coffee DEED 6994
DEED 6995
Road, south of Brimhall Road and north of the Kern
River.
u. Settlement Agreement with Chevron, USA for AGR 08-207
relocation of facilities near Mohawk Street as part of
the Westside Parkway Project.
v. Amendment No. 1 to Agreement No. 07-082 with AGR 07-082(1)
AECOM USA, INC (formerly DMJM Harris, Inc.)
($4,712,207.00) for Engineering Design Services for
the Westside Parkway Project.
w. Amendment No. 2 to Agreement No. 03-310 for AGR 03-310(2)
employment of Virginia Gennaro as City Attorney.
x. Amendment No. 3 to Agreement No. 06-391 with AGR 06-391(3)
Bradco Industrial Corporation ($100,000.00; not to
exceed $1,059,000.00) and extending term for one
(1) year for wood grinding and screening for Solid
Waste Division.
y. Wastewater Treatment Plant #3 - 2007 Expansion
Project:
Contract Change Order No. 3 to Agreement AGR 07-302
No. 07-302 with Kiewit Pacific Corporation CCO 3
($393,003; total not to exceed
$211,919,020.00)
2. Transfer $393,003.00 contingency
established for the Wastewater Treatment
Plant No. 3 Expansion Project to the Public
Works Department's Capital Improvement
Budget.
Bids:
z. Accept bid and award contract to Precision Fertilizer AGR 08-208
Spreading (not to exceed $110,250.00) for the
annual service -Hauling and Spreading Biosolids.
Bakersfield, California, November 19, 2008 -Page 6
4.
CONSENT CALENDAR continued ACTION TAKEN
aa. Accept bid and award contract to Whitaker AGR 08-209
Contractors, Inc. ($763,727.00) for the construction
of the Mill Creek Linear Park Phase 2 canal
facilities.
bb. Accept bid and award contract to Kem Pacific AGR 08-210
Construction Co. ($1,343,700.50) for the
construction of the Mill Creek Linear Park Phase 4
canal facilities.
cc. Accept bid and award contract to Granite
Construction Co. ($856,856.00) for the construction AGR 08-211
of the Mill Creek Linear Park Phase 5A canal
facilities.
dd. Accept bid and award contract to Granite AGR 08-212
Construction Co. ($777,777.00) for the construction ABS COUCH
of the Mill Creek Linear Park Phase 56 canal
facilities.
ee. Accept bid and award contract to Loop Electric. AGR 08-213
($314,475.00) for street light conduit/wire installation
on 17th, 18th and 19th Streets from "L" Street to
Union Avenue.
ff. Westside Parkway Phase I -Mohawk Street
Extension Project (TRIP):
Accept low base bid and award contract to AGR 08-214
Security Paving Company, Inc.
($27,728,219.81) to construct the Westside
Parkway Phase I.
2. Appropriate $600,000.00 Sewer Enterprise
fund balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's
Capital Improvement Budget for construction
of the sewer line portion of this project.
3. Appropriate $1,435,000.00 Domestic Water
Fund balance to the Water Department's
Capital Improvement Budget for the water
line portion of the project.
gg. Accept bid and award contract to Rock Bottom, Inc. AGR 08-215
($619,874.00) for the Irrigation Improvements at
Aera Park project.
Bakersfield, California, November 19, 2008 -Page 7
4. CONSENT CALENDAR continued ACTION TAKEN
hh. Accept bid and award contract to Michels AGR 08-216
Corporation ($1,902,718.00) to construct base bid
portion of the sewer rehabilitation Gosford Road-
McCutchen Road to District Boulevard Project.
Accept bid and award contract to Woeste Electric, AGR 08-217
Inc. ($84,193.26) for the traffic signal and lighting
system installation project at Hosking Avenue and
Monitor Street.
Miscellaneous:
jj. Appropriate $61,430.00 Federal Grant Revenues
(Edward Byrne Memorial Justice Assistance Grant
from the U.S. Department of Justice) to the General
Fund Police Operating Budget to help fund Police
Activities League crime prevention and education
programs.
kk. Appropriate $32,239.68 Federal Grant Revenues
(FY2009 Sobriety Checkpoint Mini-Grant Award
from the State Office of Traffic Safety) to the
General Fund Police Operating Budget, to fund
overtime DUI checkpoints in the Traffic Division.
Appropriate $4,804,995 Proposition 1 B, State
Transportation Grant Revenue:
Appropriate $2,500,000 Proposition 1 B funds
to the Public Works Department's Capital
Improvement Budget within the Gas Tax
Fund for the street improvements, White
Lane from Dovewood Street to Wible Road
Project.
2. Appropriate $2,304,995 Proposition 1 B funds
to the Public Works Department's Capital
Improvement Budget within the Gas Tax
Fund for the street improvements, Stockdale
Highway from Country Club Entrance to
Ashe Road and from Califomia Highway to
Weatherly Drive Project.
City Clerk McCarthy announced correspondence was
received from the Law Offices of James W. Maddox,
representing American Landscape, Inc., regarding item
4.gg.
Bakersfield, California, November 19, 2008 -Page 8
4.
CONSENT CALENDAR continued
ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income on item
4.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income to
himself and his employer on item 4.dd.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 4.a. through 4.11.
5. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering the
vacation of San Dimas Street south of 34th Street to
the alley (Parcel B) and an area measuring 214
square feet south of the alley (Parcel A) and the
alley south of 34th Street and east of San Dimas
Street (Parcel C).
b. Public Hearing to consider Resolution ordering the
vacation of 17th Street between "R" Street and "S"
Street for the development of the Mill Creek Linear
Park Phase 5A.
c. Public Hearing to consider Resolution amending the
City's Non-disposal Facility Element of the
Countywide Integrated Waste Management Plan by
updating facility information.
d. General Plan Amendment/Zone Change 07-1806;
Scott Underhill and Mark Smith, representing Ashe
Road, LLC, the property owners, have applied for a
general plan amendment and zone change on 18.53
acres located at the southwest corner of Taft
Highway (SR 119) and Stine Road.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
18.53 acres.
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 142-03 from R-1 (One Family
Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 18.53 acres.
APPROVED
RES 195-08
ABS BENHAM
RES 196-OS
RES 197-08
RES 198-08
FR
Bakersfield, California, November 19, 2008 -Page 9
5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
e. General Plan Amendment No. 08-1033; the City has
requested a general plan amendment to incorporate
land use and circulation map changes previously
adopted by the County Board of Supervisors.
Resolution approving the Notice of RES 199-08
Exemption and adopting the general plan
amendment to incorporate land use and
circulation map changes approved by the
County of Kern.
General Plan Amendment/Zone-Change 08-1036;
Marino & Associates, representing the Citygate
Christian Center, the property owner, has applied for
a general plan amendment and zone change on
approximately 6.36 acres located between the 99
freeway and Ellashosh Street, south of McKee
Road.
1. Resolution adopting the general plan RES 200-08
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential)
on approximately 6.36 acres.
2. First reading of Ordinance approving the FR
Negative Declaration, amending Title 17 of
the Municipal Code and Zoning Map No.
123-36 from A (Agriculture) to R-1-CH (One
Family Dwelling with Church Overlay) on
approximately 6.36 acres.
g. General Plan Amendment No. 08-1045; the City has
requested to amend the Circulation Element of the
Metropolitan Bakersfield General Plan on the project
site located in the Kern Water Bank Area generally
west of South Allen Road between Stockdale
Highway and Taft Highway.
Resolution approving the Notice of RES 201-08
Exemption and adopting the general plan
amendment to the city's circulation element
maps deleting street alignments and
changing major street designations within
the Kern Water Bank Area.
Bakersfield, California, November 19, 2008 -Page 10
5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
h. General Plan Amendment No. 08-1128; Maurice
Etchechury of Summit Engineering, on behalf of
M&S Land Company, LLC, has applied for an
amendment to the Circulation Element of the
Metropolitan Bakersfield General Plan and Specific
Plan Line amendment for Allen Road south of
Seventh Standard Road, and Etchart Road east of
Allen Road.
Resolution approving the Negative RES 202-08
Declaration and adopting the amendment to
the Circulation Element of the Metropolitan
Bakersfield General Plan and Specific Plan
Line Amendment to realign Allen Road south
of Seventh Standard Road and Etchart Road
east of Allen Road on the circulation map.
General Plan Amendment/Zone Change 08-1168;
Todd Smith of Cannon Associates, representing
Trimco, LLC, the property owners, have applied for
a general plan amendment and zone change on
approximately 60 acres generally located northeast
of Morning Drive and Paladino Drive and a Specific
Plan Line amendment for Morning Drive.
1. Resolution approving the Negative RES 203-08
Declaration and adopting the general plan
amendment changing the land use
designation from R-MP (Resource -Minerals
& Petroleum) to LI (Light Industrial) on
approximately 47 acres, and R-MP to HMR
(High-Medium Density Residential) on
approximately 14 acres, and a Specific Plan
Line Amendment for Morning Drive.
2. First Reading of Ordinance approving the FR
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 104-07 from A (Agriculture) to M-1
(Light Manufacturing) on 47 acres, and A to
R-2 (Limited Multi-Family Dwelling) on
approximately 14 acres.
Bakersfield, California, November 19, 2008 -Page 11
5.
CONSENT CALENDAR HEARINGS continued ACTION TAKEN
General Plan Amendment/Zone Change 07-0655; DEFERRED TO NEXT
Dave Dmohowski, Planning Premier Group, GPA CYCLE
representing Woodmont Bakersfield, LLC, and John
Giumarra Jr., the property owner, has applied for a
general plan amendment and zone change on
approximately 103 acres located west of South "H"
Street, between Berkshire Road and Hosking
Avenue, east of State Highway 99.
1. Resolution making findings and certifying the
Final Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change 07-
0655 (Bakersfield Gateway Project).
2. Resolution adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential), LMR (Low Medium Density
Residential), and HMR (High Medium
Density Residential) to GC (General
Commercial) on approximately 77 acres and
to change the circulation map by eliminating
the collector segment (future Colony Street
alignment) that transverses in a north-south
direction through the project site.
3. First Reading of Ordinance amending Title
17 of the Municipal Code and Zoning Map
No. 123-25 from R-1 (One Family Dwelling)
and C-2 (Regional Commercial) to C-27PCD
(Regional Commercial/Planned Commercial
Development) on approximately 103 acres.
Staff. recommends deferral of the proposed project to the
Next general plan cycle.
Councilmember Benham announced she would abstain
due to potential conflict of lnter9est g/ven her
employment with Memorial Hospital and to avoid the
appearance of impropriety on Item 5.a.
Consent Calendar Hearings opened at 5:23 p.rn.
No one spoke.
Consent Calendar Hearings closed at 5:23 p.m.
Motion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar Hearfng Items 5.a through 5.j.
Bakersfield, California, November 19, 2008 -Page 12
6. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
case:
1. Sierra Club v. City, et al.; Ten Section, LLC
Kern County Superior Court Case No. S-
1500-CV-263456 KCT
ACTION TAKEN
Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED
Session at 5:24 p.m.
Motion by Councilmember Couch to adjourn from APPROVED
Closed Session at 6:32 p.m.
RECONVENED MEETING - 6:44 p.m.
7. ROLL CALL
Present: Mayor Hall,- Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
8. INVOCATION by Pastor Leon Frost, United Pentecostal
Church.
9. PLEDGE OF ALLEGIANCE by Stephen Bush, 4th Grade
Student at Thorner Elementary School.
10. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
case:
Sierra Club v. City, et al.; Ten Section, LLC NO REPORTABLE
Kem County Superior Court Case No. S- ACTION
1500-CV-263456 KCT
Bakersfield, California, November 19, 2008 -Page 13
11. PRESENTATIONS ACTION TAKEN
a. Presentation by Javier Lozano, Human Resources
Manager, to department winners of the 2008
Employee Excellence in Action Awards and the
Extra Mile Award in recognition of outstanding
service to the City.
Janet McCrea, Human Resources/City Manager's
C±ffice; Marc Gauthier, Development Services; Vince
Zaragoza, Economic and Community Development;
Dawn Tamayo, Finance; Tim Lynch and Susan
Magana, Fire; Melvin Johnson and Babette Baier,
Police; Ted Wright and Kevin Bell, Public Works;
Frank Hinojosa and Terri Elison, Recreation and
Parks; and Terry Carlson, Water Resources.
The recipient of the Extra Mile Award for 2008 was
Luis Peralez, which was presented by Public Works
Director Rojas.
City Manager Tandy thanked the Employee
Incentive Committee for their efforts.
b. Presentation by Parsons of $20,000.00 donation for
enhanced landscaping at Aera Park and donation of
landscape architectural design for six Sister City
Pavilions at Mill Creek Linear Park.
Kevin Haboian and Surendra Thakral, officers of
Parsons Corporation, made the presentation.
Councilmember Benham thanked Parsons for the
check and the donation of the work for the Sister
City Pavilions.
City Manager Tandy thanked Parsons.
Mayor Hall thanked Parsons on behalf of the
Bakersfield Sister City Project Corporation.
12. PUBLIC STATEMENTS
None.
Bakersfield, California, November 19, 2008 -Page 14
13. REPORTS
a. Department of Housing & Urban Development
(HUD), Action Plan Amendment No. 3 (FY 08/09) 8~
Consolidated Plan 2010 Substantial Amendment for
Neighborhood Stabilization Program funds.
Economic Development Director Kunz provided an
overview of the Neighborhood Stabilization
Program.
ACTION TAKEN
Motion by ice-Mayor Hanson to approve and APPROVED
authorize the City Manager to execute all
necessary HUD documents.
b. Update of Fiscal Year 2008-2009 Budget.
Finance Director Smith gave an overview and
provided a slide presentation.
City Manager Tandy gave an overview and provided
a slide presentation.
Councilmember Scrivner asked staff to supply
the new Rnancial sales tax information to the ire
union.
Councilmember Couch stressed that the downturn
in the economy is real and that Council is open to all
options and recommended discussing the issue of
Council contingency.
Councilmember Sullivan asked the City Manager to
compare the current situation to previous bad times.
City Manager Tandy responded that it is worse than
either of the two previous times, which occurred in
the early `90's and again in 2003, and is the worst
economy since the Great Depression.
In response to a question from Councilmember
Weir, City Manager Tandy advised that a status
report will be provided to the City Council in several
weeks.
In response to a question from Councilmember
Carson, City Manager Tandy advised that the lion's
share of the numbers regarding the departments
who will be cut will be available to the City Council in
about two weeks.
Bakersfield, California, .November 19, 2008 -Page 15
14. HEARINGS ACTION TAKEN
a. Zone Change 08-1044; Troy and Wilma Chastain,
(property owners) applied for zone change on 0.238
acres, located at the northeast corner of Belle
Terrace and Fiorito Street. Cynthia Thompson
appealed the Planning Commission's decision.
First Reading of Ordinance approving the FR
Negative Declaration, denying the appeal
and approving the Zone Change by
amending Title 17 of the Municipal Code and
amending Zoning Map No. 123-02 from R-S
(Residential Suburban Zone) to R-2 (Limited
Multiple Family Dwelling Zone) on 0.238
acres (10,384 square feet).
City Clerk McCarthy announced staff received last
minute correspondence in opposition to the zone
change.
Development Services Director Grady made staff
comments.
Hearing opened at 7:46 p.m.
Scott Thackery, Chris Morgan, Cindy Thompson
(also submitted written material), Gerald Patterson,
and Kathleen Quinby (also showed photographs)
spoke in opposition to the staff recommendation.
Jim Delmarter (representing the property owners)
and Troy Chastain spoke in support of the staff.
recommendation.
John Ferguson, Scott Thackery, Cindy Thompson,
and Gerald Patterson spoke in rebuttal opposition to
the staff recommendation.
Jim Delmarter and Troy Chastain spoke in rebuttal
support of the staff recommendation.
Hearing closed at 8:19 p.m.
Motion by Councilmember Sullivan to uphold NO ACTION TAKEN
the Planning Commission decision and glue
First Reading to the Ordinance.
Councilmember Benham stated she was not in
support of the motion.
Bakersfield, California, November 19, 2008 -Page 16
14. HEARINGS continued
Item 14.a. continued
Councilmember Carson stated she was not in
support of the motion.
Councilmember Couch referred to the Planning
8 Development Committee the issue of having
an open space requirement for duplexes similar
to that for triplexes and fourp/exes.
Councilmember Scrivner stated he was in favor of
the project provided a control can be put in place to
make sure that there will be two single-story units.
Councilmember Benham stated she was in favor of
continuing this item to explore the height limitations
and the wall on the back end of the property.
In response to a question from Councilmember
Sullivan, Jim Delmarter stated he and the property
owners would be willing to accept any condition
consistent with what has been discussed regarding
single-story, two units, eight parking places, two
two-car garages, no block wall required along the
north property line, but a wooden fence, because
there would be no parking there.
Development Services Director Grady clarified that
the requirement for the one-acre minimum is on
both the PUD and the PCD, and the applicant has
offered those conditions, and it can be made a
condition of approval without having to place a PUD
zone change on it.
Motion by Councilmember Sullivan to uphold
the Planning Commiss/on decision, deny the
appeal; glue First Read/ng to the Ordinance,
Including conditions relating to single stories,
substantial compliance with elevations similar
to the drawing presented to staff.
ACTION TAKEN
APPROVED
NS BENHAM, CARSON
Recess taken from 9:08 p.m. to 9:15 p.m.
Bakersfield, California, November 19, 2008 -Page 17
14. HEARINGS continued ACTION TAKEN
b. General Plan Amendment/Zone Change 08-0726;
McIntosh and Associates, representing Trend
Capital Group (property owner) has applied for a
general plan amendment and zone change on 8.14
acres located on the northeast corner of Monitor
Street and Hosking Avenue. McIntosh and
Associates appealed the Planning Commission's
decision.
1. Resolution approving the Negative RES 206-08
Declaration, denying the appeal, and
denying the general plan amendment
changing the land use designation from LR
(Low Density Residential) to HR (High
Density Residential) on 8.14 acres.
2. Resolution approving the Negative
Declaration, denying the appeal, and
denying the amendment to Title 17 of the
Municipal Code and amendment to Zoning
Map No. 124-30 from R-1 (One Family
Dwelling) to R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on 8.14
acres.
City Clerk McCarthy announced staff received
correspondence earlier this evening in support of
the zone change.
Development Services Director Grady made staff
comments.
Hearing opened at 9:17 p.m.
Roger McIntosh, representing Trend Capital Group,
spoke in opposition to the staff recommendation and
submitted written material.
Gary Rice, representing Greenfield School District;
Dean Juola, Principal of Golden Valley High
School; and Bill Sidhu, CEO of Golden Valley
Luxury Apartments, spoke in support of the staff
recommendation.
No rebuttal.
Hearing closed at 9:35 p.m.
Bakersfield, California, November 19, 2008 -Page 18
14. HEARINGS continued ACTION TAKEN
Item 14. b. continued
Motion by Councflmember Scrivner to uphold APPROVED
the appeal, approve the Negative Declaration,
change the land use designation to HMR and the
zoning to R-2 with the PUD overlay, with the
condition of the street along the northern
boundary of this property.
Councilmember Couch stated he would like to see
the City and the school districts work together to
ensure that right turn lanes are installed at the
schools.
Councilmember Benham thanked Mr. Rice and Mr.
Juola for advocating for their students, and Mr.
Sidhu for setting a great standard for R-2
development in the City.
15. DEFERRED BUSINESS
None.
16. NEW BUSINESS
None.
17. COUNCIL AND MAYOR STATEMENTS
Counc/lmember Couch asked staff to look Into
obtaining a higher Interest rate for the City's
Investment funds and making the Interest rate up to the
maximum allowable bylaw, which would be whatever
the City is paying on its bonds.
Councilmember Couch asked to brfng back to the next
Council meeting the Issue of cutt/ng Councfl
contingency funds.
Councilmember Couch asked staff to provide the City
Council with a report regarding TOT revenues, how
they are dedicated and how that operation has
changed.
Councilmember Benham asked that Council be advised
on how much is currently In and what the activity has
been in the Council Contingency Fund.
Councflmember Benham asked staff to contact the
owner of AutomotJve Eng/neering on Golden State
Avenue regarding extra police enforcement.
Bakersfield, California, November 19, 2008 -Page 19
17. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Benham asked staff to provide
information regarding the resurfacing of 22nd Street
between Elm and D streets.
Councilmember Benham asked staff to contact the
owner of Westchester Liquors regarding a problem
with water drainage from the alley.
Councilmember Benham wished everyone a happy
Thanksgiving.
Councilmember Scrivner thanked City Manager staff for all
the referral responses.
Councilmember Sullivan made comments about the
Veterans Day Parade, the terrific turnout by the public, and
commended City staff for the quick cleanup afterward.
Mayor Hall stated he wanted to re-inform the Council that
for the past five years he has conducted a Mayor's Freeway
Litter Pickup Program once a month with nearly 1,000
volunteers and 1,700 bags of litter, however they are
restricted by Caltrans to be only on the on- and off-ramps,
and cannot be on the medians.
18. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:03 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield