HomeMy WebLinkAbout05/06/09_CC_AGENDA_PACKET
`ir BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MAY 6, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor Ruinese Sheard, Unity Church.
3. PLEDGE OF ALLEGIANCE by Hudson Hartley, Oh Grade Student at St. Francis School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Recreation and Parks Director Dianne
Hoover declaring May, 2009, Water Safety Month.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 22, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from April 9, 2009 to April 23, 2009 in the amount
of $18,165,612.75 and self-insurance payments from April 9, 2009 to April 23, 2009 in the
amount of $890,990.09.
Ordinances:
C. Adoption of the following (FR 04722109):
1. Ordinance amending Section 3.40.010 Subsections D and E defining tax collector
and person in Chapter 3.
2. Ordinance amending Section 3.40.120 relating to the payment of transient lodging
taxes.
3. Ordinance deleting a portion of Section 3.40.020 Subsection B relating to collecting
taxes in the General Fund.
4. Ordinance deleting Section 3.40.040 Subsections C and D relating to reports and
remittances.
5. Ordinance amending Section 3.40.080 relating to security requirements.
6. Ordinance amending Section 3.40.100 relating to successor or assignee of business
to withhold tax from purchase price.
7. Ordinance amending Section 3.40.110 Subsection B relating to liability of successor
or assignee for tax.
8. Ordinance amending Section 3.40.150 relating to enforcement.
9. Ordinance amending Section 5.26.010 Subsection C relating to definition of person.
8. CONSENT CALENDAR continued
(Ward 1) d. First Reading of Ordinance amending Municipal Code Section 1.12.010 by adding
Annexation No. 594 consisting of 49.74 acres located on the northwest corner of Cottonwood
Road and E. Panama Lane to Ward 1.
Resolutions:
(Ward 4) e. The Park at River Walk:
1. Resolution dedicating right of way for Buena Vista Road, north of Stockdale Highway.
2. Public Utility Easement for Pacific Gas & Electric.
Agreements:
(Ward 1,2,3,6,7) f. Agreement with the Housing Authority of the County of Kern (HACK) ($2,420,709 -
Neighborhood Stabilization Program funds) to benefit households < 50% of the area median
income.
g. Agreement with State of California Department of Public Health and U. S. Department of
Housing and Urban Development (amount to be determined) for the Housing Opportunities
for Persons with HIV/AIDS Entitlement Program.
(Ward 2) h. Agreement with Big West of California, Inc. for the relocation, modification, or construction of
identified water wells, underground pipelines, and fencing within the Westside Parkway
property.
(Ward 4)' i. General Plan Amendment/Zone Change No. 09-0263 (Stockdale Ranch) generally located
south of Stockdale Highway and north of the Cross Valley Canal, west of the City limits on
Claudia Autumn Drive and east of the future extension of Nord Avenue.
1. Agreement with Castle & Cooke CA, Inc. and Bolthouse Properties, LLC ($243,000)
for the preparation of an Environmental Impact Report (EIR).
2. Agreement with RBF Consulting ($162,000) for the preparation of an Environmental
Impact Report (EIR).
3. Appropriate $162,000 (developer's contribution) to the Development Services
Operating Budget in the General Fund.
j. Agreement with Selectron ($83,180.94) to upgrade the existing Selectron Interactive Voice
Response System to current levels and add functionality for Solid Waste and Rabobank
Arena.
(Ward 2) k. Full Release and Termination of Disposition and Development Agreement No. 01 -088/RA01 -
04 with Ray Olmscheid (later assigned to MAYA Cinemas North America) to facilitate a
mixed use commercial project in the Southeast Redevelopment Agency Project Area.
1. Amendment No. 1 to Agreement No. CA08-002 with Clifford & Brown ($60,000; revised not
to exceed $100,000) for outside legal services in the matter of Magdy Aboelghar, et al v City,
et al.
M. Amendment No. 1 to Agreement No. 07-288 with Clifford & Brown ($125,000; revised not to
exceed $250,000) for outside legal services in the matters of Robert Pratt v City, et al KCSC
Case No. S-1500 CV-253264-RJA; Robbie Pratt v Alan Tandy, et al KCSC Case No. S-
1500-CV-256401; and, Robert Pratt v City, et al KCSC Case No. S- 1 500-CV-259414-AEW
257620-SPC.
n. Amendment No. 1 to Agreement No. 07-187 with Professional Dynamics, Inc. (not to exceed
$75,000 - Self Insurance Fund) for Workers' Compensation Utilization Review services for a
twelve month period.
upon annexation
2 City Council Meeting of 05/06/2009
8. CONSENT CALENDAR continued
o. Amendment No. 1 to Agreement No. 07-188 with Comprehensive Care Systems (not to
exceed $50,000 - Self Insurance Fund) for Workers' Compensation Nurse Case
Management services for a twelve month period.
(Ward 1) p. Amendment No. 1 to Agreement No. 07-034 with Robert Hooper assigning ground lease of
Hangar Space D1 Bakersfield Municipal Airport to Keith Lamb.
q. Amendment No. 1 to Agreement No. 08-073 with Zumar Industries ($72,000; revised not to
exceed $139,046.75 and extending term for one (1) year) for traffic signs.
(Ward 4) r. Contract Change Order Nos. 10 -14 to Agreement No. 08-062 with Granite Construction
($140,000; revised not to exceed $8,355,931.50) for the Allen Road Improvements between
Ming Avenue and Stockdale Highway Project.
(Ward 6) s. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Contract Change Order No. 6 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($3,450,000; revised not to exceed $216,169,330) for the project.
2. Transfer $3,450,000 contingency established for the Project to the Public Works
Department Capital Improvement Budget.
(Ward 3) t. Contract Change Order Nos. 9, 13, 31 & 32 to Agreement No. 07-304 with Security Paving
Construction ($59,963.73; revised total not to exceed $29,999,872.72) for the State Route
178 and Fairfax Road Interchange Project. (TRIP)
(Ward 3) U. Contract Change Order No. 1 to Agreement No. 08-235 with Precision Analytical, Inc.
($19,300.01; revised not to exceed $203,280.61) for the Driveway Entrance Remodel
U.S.P.S. Hillcrest Carrier Annex Project.
Bids:
V. Extend bid for one (1) Pierce Quantum fire engine pumper from South Coast Fire Equipment
($474,153.21).
(Ward 6,7) w. Traffic signal, lighting and interconnect system installations on Pacheco Road at Gasoline
Alley Drive and Wible Road at Barber Way:
1. Accept bid and award contract to Loop Electric ($228,466.25) for the project.
2. Appropriate $35,000 Developer share of project costs to the Public Works
Department Capital Improvement Budget within the Gas Tax Fund.
(Ward 1) X. Accept bid from San Joaquin Tractor Co. ($51,912.88) for one (1) replacement rubber-
wheeled tractor w/bucket, 4 wheel drive for the Wastewater Division.
Y- Accept bid and award contracts for irrigation parts and supplies:
1. Resolution determining that Rain Bird Maxicom controllers cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $75,000.
2. Award annual contract to Kern Turf Supply, Inc. ($75,000) for Maxicom controllers.
3. Accept bid and award annual contract to Kern Turf Supply, Inc. (not to exceed
$229,680.46) for irrigation parts and supplies.
Miscellaneous:
Z. Budget and Finance Committee Report regarding FY 09/10 Community Development Block
Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG)
Annual Spending Plan. (Budget & Finance Committee recommends acceptance of report and
authorize City Manager to execute all necessary HUD documents.)
3 City Council Meeting of 05/06/2009
8. CONSENT CALENDAR continued
aa. U. S. Department of Housing and Urban Development (HUD) FY 08/09 Action Plan
Amendment No. 4 and Consolidated Plan 2010 Substantial Amendment for Homeless
Prevention and Rapid Re-Housing Program Neighborhood Stabilization Program funds.
(Staff recommends approval and authorize City Manager to execute all necessary HUD
documents.)
(Ward 6) bb. Grant of Easement to P. G. & E. on Ashe Road for electrical service at Wastewater
Treatment Plant No. 3.
Staff recommends adoption of Consent Calendar items a through bb.
9. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter)
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for John M. Tarabino, et al v. City, et al - KCSC
Case No. S-1500-CV-257620-SPC.
C. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for Kern Delta v. North Kern; City of Bakersfield -
KCSC Case No. S-1500-CV-266459.
d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. DEFERRED BUSINESS
a. Agreement with Global CTI (not to exceed $1,500,000) for the purchase, installation,
maintenance, and training of City staff of a ShoreTel Enterprise IP Telephone System.
Staff recommends approval of agreement.
12. CONSENT CALENDAR HEARINGS
(Ward 3) a. Public Hearing to consider the following items regarding Developmental Services Support
Foundation for Kern, Inyo and Mono Counties (Staff recommends adoption
of resolution and approval of agreement.)
1. Resolution approving, authorizing and directing execution of a joint exercise of
powers agreement relating to the California Municipal Finance Authority and
approving the issuance of revenue bonds in one or more series by the Authority for
the purpose of financing and refinancing the acquisition, construction and
improvement of certain facilities for the benefit of the Developmental Services
Support Foundation for Kern, Inyo and Mono Counties.
2. Joint Exercise of Powers Agreement with California Municipal Finance Authority.
b. Public Hearing to consider Morning Drive-College Avenue Planned Bridge & Major
Thoroughfare Area. (Staff recommends overriding protests and adoption of resolution
and ordinance.)
1. Resolution adopting the Morning Drive-College Avenue Planned Bridge & Major
Thoroughfare Area and making findings thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to
bridge crossings and major thoroughfares. (FR 04122M9)
4 City Council Meeting of 05/06/2009
12. CONSENT CALENDAR HEARINGS continued
(Ward 3) c. Public Hearing to consider General Plan Amendment/Zone Change No. 03-0337 - The
Canyons Project; Robert Kapral, representing Canyons, LLC (property owner) has applied
for a general plan amendment and zone change on 889 acres generally located south of
Hart Memorial Park and Alfred Harrell Highway bounds the site on the west, north and east
sides. (Staff recommends continuance to next GPA cycle.)
(Ward 3) d. Public Hearing to consider Williamson Act Land Use Contract Cancellation and Agricultural
Preserve No. 14 Boundary Alteration No. 09-0192. (Staff recommends continuance to next
GPA cycle.)
13. HEARINGS
14. REPORTS
a. Presentation of the Proposed FY 2009-10 Budget.
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
ql(
Alan Tandy
City Manager
04/30/09 3:45pm
5 City Council Meeting of 05/06/2009
AGENDA HIGHLIGHTS
May 6, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
CONSENT CALENDAR
Agreements
Item 8f. Aareement with the Housing Authority of the County of Kern (HACK) for $2.420.709 of
Neighborhood Stabilization Program (NSP) Funds to Benefit Households 5 Fifty Percent of the Area
Median Income. NSP regulations require that no less than $2,245,709 or 25% of the City's NSP grant
allocation must be expended within neighborhood targeted areas that will primarily benefit qualified
families :5 50% of the Area Median Income. The NSP program allows for grantees to sub-grant a portion
of these funds to an eligible entity, such as the Housing Authority. The agreement outlines the conditions
HACK must adhere to for administering the NSP funds as a sub-recipient.
Item 8m. Amendment to an Agreement with Clifford & Brown for Outside Legal Services in several
Matters Relatina to Robert Pratt In the amount of $125,000 and not to exceed $250,000. Clifford and
Brown have been defending the City in several "Pratt matters" since September 10, 2004. The City has
received the invoice that covers the dates of January 1, 2009 through March 31, 2009 from Clifford &
Brown and expects that future legal fees will be incurred through the entry of judgment for this case.
Therefore, the City Attorney's Office is requesting this amendment.
Item 8r. Contract Change Order Nos 10 Throuah 14 to an Agreement with Granite Construction for
Allen Road Improvements Between Ming Avenue and Stockdale Highway in the amount of $140,000 and
not to exceed $8.355.931.50. This project includes construction of a new roadway on the Allen Road
alignment across the Kern River between Stockdale Highway and Ming Avenue. These change orders
cover the cost of several items related to the construction of the project that were not included in the
original agreement.
Item 8s. Wastewater Treatment Plant No. 3 - 2007 Expansion Proiect. This project provides for a major
expansion and upgrade to Wastewater Treatment Plant 3, located at 8101 Ashe Road. This item
includes Change Order No. 6 to an Agreement with Kiewit Pacific Corporation in the amount of
$3,450,000 for a revised not to exceed amount of $216,169,330. This change order provides for the
resolution of unresolved change order Items, disputed change order items and agreed to change order
items since the beginning of the construction. This item also includes a transfer of $3,450,000 from the
contingency established for the project to the Public Works Department's Capital Improvement Budget.
Bids
Item 8v. Extend Bid for One (1) Pierce Quantum Fire Enaine Pumper from South Coast Fire Eauipment
in the amount of $474.153.21. On March 6, 2002 the City Council approved the purchase of one (1)
1500 GPM Fire Pumper Engine from South Coast Fire Equipment for $388,843.46. The purchase
included a provision whereby the City may purchase additional units at the same per unit cost with price
adjustments due to increases in the Consumer Price Index and to account for modifications required by
State and Federal codes. The new revised total for a 2009 Quantum Fire Engine Pumper is
$474,153.21. This new fire engine will replace Fire Engine No. 213 which was involved in a traffic
accident in September 2008 and was declared a "total loss." $453,373.04 of the purchase price will be
covered as a result of an insurance settlement with our property insurance carrier and $20,780.17 will
come from the equipment management fund.
Item 8w. Traffic Signal Lighting and Interconnect System Installations on Pacheco Road at Gasoline
Alley Drive and Wible Road at Barber Way in the amount of $228,466.25. This project consists of
installing two (2) complete traffic signals and lighting systems as well as modifying existing pavement
markings and striping at the above referenced intersections. A total of seven (7) bids were received for
this project, with Loop Electric Inc. being the lowest. This item also includes appropriating $35,000
Developer Share to the Public Works Department's Capital Improvement Budget within the Gas Tax
Fund. Each project is federally funded through the Congestion Mitigation and Air Quality (CMAQ)
program with 11.47% being a local match share.
Miscellaneous
Item 8z Budget and Finance Committee Report Regardina FY 09-10 Community Development Block
Grant (CDBG) HOME Investment Partnership (HOME) and Emeraency Shelter Grant (ESG) Annual
ending Plan. The Budget and Finance Committee met on February 23, 2009 to review and consider
the Annual HUD Action Plan for FY 2009-10. The proposed 2009-10 Annual Action Plan is the fifth year
of the Consolidated Plan 2010 and represents activities to be funded with CDBG, HOME, and ESG
entitlements.
Item 8aa. U.S. Department of Housina and Urban Development (HUD) FY 2008-09 Action Plan
Amendment No 4 and Consolidated Plan 2010 Substantial Amendment for Homeless Prevention and
Rapid Re-Housing Program Neighborhood Stabilization Program Funds. The Homeless Prevention and
Rapid Re-Housing Program (HPRP) was established under the federal American Recovery and
Reinvestment Act of 2009 (ARRA). The City has been allocated $1,372,351 under this program. HPRP
funds are intended to target individuals and families who would be homeless but for the assistance
provided under this program. Cities who are eligible to receive funds must apply by May 18, 2009 to
HUD in accordance with their Consolidated Plan amendment process and citizen participation
requirements.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation, two cases of
existing litigation and a conference with the labor negotiator.
DEFERRED BUSINESS
Item 11a, Agreement with Global CTI for the Purchase Installation Maintenance and Training of City
Stiff of a ShoreTei EnterRrise IP Telephone System in an amount not to exceed $1.500.000. The City's
current telephone system was purchased in November, 1989. While the system does work, it is no
longer supported by the manufacturer and replacement parts are becoming harder to procure. This
reality leaves the City's phone system in a position where failure of a component without a readily
available replacement could lead to an outage of service for all departments. Staff began the process of
evaluating a new phone system in October of 2006. This multi-step effort has been concluded and has
led to the selection of the Global CTI solution. This agreement with Global CTI will allow the City to
replace a 50-year old technology with current industry standard equipment.
CONSENT CALENDAR HEARINGS
Item 12c & 12d. The Canyons Protect. The applicant, Robert Kapral, The RMK Group, representing
Canyons, LLC, the property owner, submitted a letter dated April 22, 2009 which raising issues that were
not raised at the Planning Commission Hearing. As a result, staff has not had time to prepare a
complete response and therefore request a continuance to the Next General Plan Amendment Cycle.
Agenda Highlights - May 6, 2009 Council Meeting
Page 2
REPORTS
Item 14a. Presentation of the Proposed FY 2009-10 Budget. The City Manager's Office will provide a
detailed overview of the FY 2009-10 proposed budge, including the Operating, Capital Improvement and
Bakersfield Redevelopment Agency budgets.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 6, 2009 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
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MEETING DATE: April 24, 2009 AGENDA SECTION: Presentations
ITEM: . a.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: May 6, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Recreation and Parks Director Dianne
Hoover declaring May, 2009, "Water Safety Month".
RECOMMENDATION:
BACKGROUND:
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O~ycoaeotrE s
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ADMINISTRATIVE REPORT
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MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
~ZC
FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD'
DATE: April 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the April 22, 2009 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD i✓~j
DATE: April 24, 2009 CITY ATTORNEY 116
CITY MANAGER
SUBJECT: Approval of department payments from April 10, 2009 to April 23, 2009
in the amount of $18,165,612.75 and Self Insurance payments from April 10, 2009
to April 23, 2009 in the amount of $890,990.09.
RECOMMENDATION:
Staff recommends approval of payments totaling $19,056,602.84.
BACKGROUND:
RAR
April 23, 2009, 3:21 PM
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ADMINISTRATIVE REPORT
C Yws
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: pj C .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: April 23, 2009 CITY ATTORNEY
CITY MANAGERS
SUBJECT: 1. Ordinance Amending Section 3.40.010 Subsections D and E Defining Tax Collector and
Person in Chapter 3.
2. Ordinance Amending Section 3.40.120 Relating to the Payment of Transient Lodging
Taxes.
3. Ordinance Deleting a Portion of Section 3.40.020 Subsection B Relating to Collecting
Taxes in the General Fund.
4. Ordinance Deleting Section 3.40.040 Subsections C and D Relating to Reports and
Remittances.
5. Ordinance Amending Section 3.40.080 Relating to Security Requirements.
6. Ordinance Amending Section 3.40.100 Relating to Successor or Assignee of Business
to Withhold Tax From Purchase Price.
7. Ordinance Amending Section 3.40.110 Subsection B Relating to Liability of Successor
or Assignee For Tax.
8. Ordinance Amending Section 3.40.150 Relating to Enforcement.
9. Ordinance Amending Section 5.26.010 Subsection C Relating to Definition of Person.
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendments.
BACKGROUND:
First reading of the above listed ordinance amendments was at the Council meeting on April 22,
2009. About once a year, various Departments throughout the City request changes to the Bakersfield
Municipal Code that are minor in nature. Generally, the changes are being sought to make a section read
better or to reflect current practice or correct typographical errors.
This year, the following is a list of ordinances that are being recommended by Staff for changes:
1. BMC Section 3.40.010 Subsections D and E. The amendment inserts "of Bakersfield" to
City and defines "person" in this chapter.
2. BMC Section 3.40.120. The amendment lists eligibility requirements to qualify for an
exemption to the transient lodging tax.
3. BMC Section 3.40.020 Subsection B. A portion of subsection B is being deleted because
transient lodging taxes are not part of the City's general funds.
April 23, 2009
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ADMINISTRATIVE REPORT
4. BMC Section 3.40.040 Subsections C and D. These subsections should be deleted
as reports and remittances are collected on a monthly basis.
5. BMC Section 3.40.080 Subsections A and B. The amendment to subsection A replaces
"auditor-controller" with "tax collector" because "auditor-controller" has no relevant meaning in this chapter.
The amendment also clarifies the process by which security deposits are processed when an entity is no
longer in business. Subsection B is deleted in its entirety as it better reflects the current practices of the
city.
6. BMC Section 3.40.100. The amendment revises formerly ambiguous language and
replaces "auditor-controller" with "tax collector" because "auditor-controller" has no relevant meaning in
this chapter.
7. BMC Section 3.40.110 Subsection B. The amendment replaces "auditor-controller" with
"tax collector" because "auditor-controller" has no relevant meaning in this chapter.
8. BMC Section 3.40.150. The amendment replaces "revenue supervisor" with "Treasurer,"
because it is a more accurate description of the current practices of the City.
9. BMC Section 5.26.010 Subsection C. The amendment defines "person" in this chapter.
CI/Vi
April 23, 2009
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U ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~'L-~
DATE: April 17, 2009 CITY ATTORNEY -:3D3
CITY MANAGER LAS
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section §1.12.010
by adding Annexation No. 594 consisting of 49.74 acres, located on the northwest
corner of Cottonwood Road and East Panama Lane to Ward 1. (Ward 1)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundary to include Annexation 594 into the corresponding
Council ward. This annexation was recently approved by LAFCO.
Annexation No. 594 is located at the northwest comer of Cottonwood Road and East Panama Lane.
The annexation territory consists of 49.74 acres of undeveloped land. The property owner requested
annexation for development of single family residential purposes and to receive city services. This area
will be included into Ward 1.
DL -S:\Annexation\Ordinances\2009\Admin Draft 5-6- 594.DOC
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: A 6,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD /
DATE: April 24, 2009 CITY ATTORNEY p~
CITY MANAGER
SUBJECT: The Park at River Walk (Ward 4):
1. Resolution dedicating right of way for Buena Vista Road, north of Stockdale
Highway.
2. Public Utility Easement for Pacific Gas & Electric Company.
RECOMMENDATION: Staff recommends acceptance of resolution and public utility easement.
BACKGROUND: Buena Vista Road has been constructed and accepted into the City's road system, north
of Stockdale Highway, into The Park at River Walk, as part of the development of the City's Park at River
Walk and the development of adjacent future commercial center with Parcel Map 10299 and 10522. The
construction of Buena Vista Road, into The Park at River Walk, was completed in 2004 for the anticipated
start of construction of The Park at River Walk in 2005. The right of way dedication of the east side of
Buena Vista Road was obtained from Castle and Cooke, by separate instrument in 2002, also needed for
the future park construction.
Castle and Cooke is currently developing the adjacent commercial parcel. The project is required to
construct additional improvements to this existing portion of Buena Vista Road. In reviewing the plans for
these improvements, it has been determined that street right of way dedication for the west half of Buena
Vista Road within the City's parcel for The Park at River Walk has not been officially dedicated. Street right
of way dedication is needed to designate that portion of the existing street improvements for public access
to exit the park and the future adjacent commercial development. The street right of way dedication is
described and shown on Exhibits "A" and "B" of the attached Right of Way Deed.
In association with the street right of way, Pacific Gas and Electric is requesting a public utilities easement
within the City's parcel for The Park at River Walk. This easement is needed to provide electrical service
to the future park needs and the adjacent commercial development currently being constructed. The public
utility easement location is described and shown on Exhibits "A" and "B" of the attached Public Utility
Easement, which is north of the street right of way dedication described above.
Also included for reference is a location map showing both the street right of way deed and the public
utility easement within The Park at River Walk.
pw/subdivision/bw
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: 13, f
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: April 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield and the Housing Authority of the County of Kern
(HACK) for $2,420,709 of Neighborhood Stabilization Program (NSP) funds to benefit
households s fifty percent (50%) of the area median income (Wards 1, 2, 3, 6, 7)
RECOMMENDATION:
Staff recommends approval and authorize the City Manager or his designee to execute all necessary
Department of Housing & Urban Development (HUD) and Neighborhood Stabilization Program (NSP)
documents.
BACKGROUND:
As part of the Housing and Economic Recovery Act (HERA) of 2008, the City has recently been allocated
$8,982,836 from the Neighborhood Stabilization Program (NSP) with a requirement for legal commitment
or obligation of these funds within 18 months from federal contract award date which was March 5, 2009.
The federal department responsible for administering these funds is HUD. A portion of these funds will be
used to purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon, in order to sell, rent, or redevelop such homes & properties.
In accordance with the NSP regulations, no less than $2,245,709 or 25% from the City's NSP grant
allocation must be expended within neighborhood targeted areas that will primarily benefit qualified
families s 50% of the Area Median Income (AMI). The NSP program allows for grantees to subgrant a
portion of these funds to an eligible entity such as the Housing Authority for the administration of these
funds.
The agreement outlines the conditions HACK must adhere to for administering the NSP funds as a
subrecipient. The budget will be allocated in the amounts of $1,245,709 for acquisition (purchasing of REO
units by HACK), and $1,000,000 for rehabilitation (upgrading ownership/rental residential structures to City
building code). In addition, a not to exceed amount of $175,000 will also be provided to HACK for eligible
direct delivery costs (up to $165,000), and administrative costs (up to $10,000) for a total of $2,420,709.
Utilizing City funds leveraged with private debt financing, HACK will acquire and rehabilitate foreclosed
homes in NSP targeted low to moderate income areas within the City of Bakersfield. The NSP funds to
HACK will be a forgivable loan (for ownership acquisition 0%, deferred with declining pro-rata forgivable
balance; and for rental rehabilitation 0%, deferred with declining pro-rata forgivable balance). Each
property acquired with NSP funds will have a minimum fifteen (15) year affordability period that will include
a promissory note with recorded covenants and secured by a Deed of Trust on the residential unit.
The NSP program is set to officially begin in May with the City and the Housing Authority actively working
with REO sellers, agents, and eligible homebuyers/tenants. A NSP eligible area map is attached.
SAAdmins\City Council\City Council Admins 2009\HACK_NSP_admin.doc
4122/2009 1:56 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: April 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield, State of California Department of Public Health
and the U.S. Department of Housing and Urban Development for an amount to be
determined in Housing Opportunities for Persons with HIV/AIDS Entitlement Program (City-
wide)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City originally entered into an agreement with the State of California in March 2008 to enable them to
operate the Housing Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA) grant funds
on behalf of the City for use in the Bakersfield Eligible Metropolitan Statistical Area (EMSA). The City
notified HUD in April of this year that it would again like to enter into an agreement with the State to
administer the FY 2009 HOPWA Grant Funds for the EMSA. This is the second year for this type of
arrangement.
The HOPWA program was established in 1992 to address the specific needs of persons/families living
with HIV/AIDS. The HOPWA entitlement program (a method for allocating funds to eligible cities on behalf
of their metropolitan areas) makes grants to local communities, state and non-profit organizations for
projects that benefit low income persons medically diagnosed with HIV/AIDS and their families. The City
meets the HUD entitlement criteria based on its population size and number of AIDS cases. The City's
HOPWA entitlement for FY 2009 is unknown to date.
The State of California Department of Public Health will be responsible for administering the HOPWA
grant and they will be executing the agreement subsequent to Council review and approval. The HUD L.A.
office will be the third party to execute the agreement following State approval. There is no direct fiscal
impact to the City's financial system for approving this agreement.
m °t4 e
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ADMINISTRATIVE REPORT
r
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
Raul Rojas, Public Works Director
CITY ATTORNEY J
DATE: April 23, 2009 n I
CITY MANAGER K~
SUBJECT: Agreement of Understanding with Big West of California, Inc. for the relocation,
modification, or construction of identified water wells, underground pipelines, and fencing
within the Westside Parkway property. (Ward 2)
RECOMMENDATION: Staff recommends approval of this Agreement of Understanding.
BACKGROUND: The City of Bakersfield has been acquiring properties and entering into agreements with
various entities for removal or 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, it is necessary for certain pipelines, fencing, and water well facilities, owned by
Big West, to be relocated, abandoned, and/or removed in order to accommodate construction of portions
of the Westside Parkway. Big West had originally planned to conduct this work with the City reimbursing
them after it was accomplished; however, due to Big West recently claiming bankruptcy, the City will now
be bidding and administering this work in cooperation with Big West.
Adequate funds have been previously budgeted to pay for this work.
April 24, 2009, 10:32AM
G:\GROUPDAT\ADMINRPT\2009\05-06\Big West Utility Agreement admin.doc KPB
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U ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD r1~
DATE: April 17, 2009 CITY ATTORNEY J
CITY MANAGER
SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 09-
0263 (Stockdale Ranch) generally located south of Stockdale Highway and north of the
Cross Valley Canal, west of the City limits at Claudia Autumn Drive and east of the future
extension of Nord Avenue. (Ward 4, upon annexation).
1. Agreement with Castle & Cooke California, Inc. and Bolthouse Properties, LLC
($243,000.00) for the preparation of an Environmental Impact Report (EIR).
2. Agreement with RBF Consulting ($162,000.00) for the preparation of an Environmental
Impact Report (EIR) for General Plan Amendment/Zone Change No. 09-0263.
3. Appropriate $162,000.00, (developer's contribution) to the Development Services Operating
Budget in the General Fund.
RECOMMENDATION:
Staff recommends approval of the agreements and the appropriation of funds.
BACKGROUND:
Castle & Cooke California, Inc. and Bolthouse Properties, LLC is proposing a 563 acre project, which is
located directly adjacent to the western boundary of the City of Bakersfield, south of Stockdale Highway,
and north of the Cross Valley Canal and the Kern River.
Applicant - City Agreement:
This agreement acknowledges that Castle & Cooke California, Inc. and Bolthouse Properties, LLC will pay
for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of
the EIR is $243,000.00, which consists of $162,000.00 for consulting services and $81,000.00 to
reimburse the City for its costs in managing the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
Amendment/Zone Change No. 09-0263 by RBF Consulting.
JS - SAGPA 3rd 2009\09-0263 (New Stockdale Ranch EIR)\Staff ReportsWdmin Report Agreements.doc
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IFQ
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: , ' ,
~Ij
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: April 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Selectron to upgrade the existing Selectron Interactive e jrena ponse
System to current levels and add functionality for Solid Waste and Ra obank for
$83,180.94.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This contract is for $83,180.94 to upgrade computer hardware and software and for one year's
maintenance.
In 2001 the City purchased the Selectron Interactive Voice Response (IVR) system to allow callers to
access selected Building Permit Inspection information from a touchtone phone. Since the initial
implementation, Human Resources has also used the system for their Job Hotline. We need to upgrade
the hardware and software in the system in order to maintain support for the system.
Rabobank Arena staff will also be using the system to replace their existing Max370 IVR system which is
used for their Event Line. The Event Line is used to inform the public of concerts and events at the
Rabobank Arena and Convention Center. The old system was purchased in 1998, is no longer supported,
and will not work with newer phone systems.
At the same time, the Solid Waste Division wants to use the system for callers to their public line to
answer commonly asked questions. This will result in a significant decrease in the number of calls that
staff will need to answer.
April 24, 2009, 2:25PM
P:\My Documents\DOCUMENT\COUNCIL\Selectron Admin.docx
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J l TIVE REPORT
ADMINISTRATIVE
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: S . LC .
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: April 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Full Release and Termination of Disposition and Development Agreement No. 01-
088/RA01-04, dated March 28, 2001 between Ray Olmscheid (later assigned to MAYA
Cinemas North America), the City of Bakersfield and the Bakersfield Redevelopment
Agency.
RECOMMENDATION:
Staff recommends that the City Council authorize the Full Release and Termination of the Disposition and
Development Agreement No. 01-088/RA01-04 for recordation.
BACKGROUND:
The City of Bakersfield and the Bakersfield Redevelopment Agency Redevelopment Agency entered into a
Disposition and Development Agreement (DDA) with Ray Olmsheid to facilitate a mixed use commercial
project that included the development of a Theater and approximately 25,000 square feet of retail space in
the Southeast Redevelopment Project Area. The DDA called for the Redevelopment Agency to pledge
the new tax increment generated from the project towards development of a new multipurpose stadium
In the ensuing years, the theater development ran into several financing hurdles resulting in a long delay
In addition, several financial obstacles concerning the planned stadium development arose for the City
and the stadium plans were later cancelled.
Maya Cinemas ultimately secured financing for their theater building in late 2008, long after the expiration
of the original DDA. Still committed to the development of the theaters and retail, Maya Cinemas began
construction of the theaters in November 2008, with a completion timeline estimate of August 2009. Maya
Cinemas is now in the process of obtaining a loan to purchase and install the interior equipment and
fixtures for the theater. The theater property will be used as collateral for the loan and requires a title
insurance policy for the lender. In order to deliver an unencumbered property title to the lender, the
original DDA (now expired) along with its related covenants must be removed from the title. To achieve
this, a document releasing the DDA has been prepared by legal and is attached. The release document
will be recorded and acknowledges that the City of Bakersfield and the Bakersfield Redevelopment
Agency authorizes the covenants and conditions outlined in the original DDA to be cancelled. A similar
release document has been prepared for the Bakersfield Redevelopment Agency.
Authorization of the release of the DDA will not change or cancel the Joint Parking Agreement or the sale
of Property Agreement that currently exists between the City of Bakersfield and Maya Theaters.
S:\Admins\Clty Council\Clty Council Admins 2009\Maya2.doc
4128/2009 11:38 AM
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ADMINISTRATIVE REPORT
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MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: S . I .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: April 24, 2009 CITY ATTORNEY V~r
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. CA08-002 with Clifford & Brown ($60,000; revised not
to exceed $100,000) for outside legal services in the matter of Magdy Aboelghar, et al v.
City of Bakersfield, et al.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
On November 24, 2006 a third party driver struck the center median at the 6600 block of Truxtun
Ext. and crossed into oncoming traffic striking Mr. Aboelghar's vehicle. Mr. Aboelghar filed a Wrongful
Death lawsuit against the City (Magdy Aboelghar, et al v. City of Bakersfield, et al, KCSC Case No. S-
1500-CV-262272-WDP). Clifford and Brown have been defending the City in the matter and have done a
fair amount of discovery and filed a Motion for Summary Judgment under the initial departmental contract
for $40,000 since January 7, 2008. A trial date has been set for July 6, 2009 but will likely be continued to
later in the year. At this time, the City Attorney's office requests that we amend the initial contract and
allow for an additional $60,000.00 in compensation so that outside representation may continue. It should
be noted the City Attorney's Office has sufficient funds within its budget to accommodate this request for
additional compensation.
VG:ac
SACOUNCIL\Admins\08-09 Admins\AboelgharAdminCA08-002.doc
April 28, 2009, 11:25AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V~~
DATE: April 24, 2009 CITY ATTORNEY
CITY MANAGER /GS
SUBJECT: Amendment No. 1 to Agreement No. 07-288 with Clifford & Brown ($125,000; revised not to
exceed $250,000) for outside legal services in the matter of Robert Pratt v. City of
Bakersfield, at al, KCSC Case No. S-1500 CV-253264-RJA; Robbie Pratt v. Alan Tandy, at
al, Kern County Superior Court Case No. S-1500-CV-256401; and, Robert Pratt v. City of
Bakersfield, at al, Kern County Superior Court Case No. S-1500-CV-259414-AEW 257620-
SPC.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Clifford and Brown have been defending the City in the several "Pratt matters" since September
10, 2004.
On February 17, 2009, the remaining three Pratt matters were consolidated and went to trial.
While a verdict was rendered against the City, it was substantially below that millions of dollars that
Plaintiff was seeking. We have received the invoice that covers the dates of January 1 through March 31,
2009 from Clifford & Brown and expect that future legal fees will be incurred through the entry of judgment.
Therefore, the City Attorney's Office requests an amendment to contract number 07-288 between
the City and Clifford & Brown for additional compensation in the amount of $125,000.00. It should be
noted that the City Attorney's Office has sufficient funds within its budget to accommodate this request.
VG:ac
SACOUNCILWdmins\08-09 AdminsTraltAdmin07-288.doc
April 27, 2009, 10:29AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council /APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: April 22, 2009 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Amendment No. 1 to Agreement No. 07-187 with Professional Dynamics, Inc. for Workers'
Compensation Utilization Review Services in an amount not to exceed $75,000 for a twelve-
month period to be paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In June 2007, the City Council approved an agreement with the workers' compensation utilization
review services firm of Professional Dynamics, Inc. to provide utilization review services that consist of
evaluating and reviewing prescribed medical treatments with an objective of reducing or eliminating
unnecessary procedures thus resulting in workers' compensation cost reduction.
The agreement approved in 2007 was for a term of two years with an optional third year at the
discretion of the City. The City has been very pleased with the services received from Professional
Dynamics, Inc. and wishes to exercise its option to renew the contract for the third year.
Utilization Review services are billed to the City on a quarter of an hour rate basis. The contract
calls for fees not to exceed $75,000 in the third year. These are the same rates and total fees that were
charged in the first two years of the contract.
April 22, 2009, 8:55AM
S:Wdmin Rpts\2009\PDI Admin Report--2009 - Ris A=
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: , o.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: April 22, 2009 CITY ATTORNEY
CITY MANAGER ~.S
SUBJECT: Amendment No. 1 to Agreement No. 07-188 with Comprehensive Care Systems for Workers'
Compensation Nurse Case Management Services in an amount not to exceed $50,000 for a
twelve-month period to be paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In June 2007, the City Council approved an agreement with the workers' compensation nurse case
management firm of Comprehensive Care Systems to provide nurse case management services that
consist of observation and monitoring injured workers' response to treatment with the goal of facilitating
the optimum medical recovery of the patient and early return to work.
The agreement approved in 2007 was for a term of two years with an optional third year at the
discretion of the City. The City has been very pleased with the services received from Comprehensive
Care Systems and wishes to exercise its option to renew the contract for the third year.
Nurse Case Management services are billed to the City on an hourly rate basis. The contract calls
for fees not to exceed $50,000 in the third year. These are the same rates and total fees that were
charged in the first two years of the contract.
April 22, 2009, 8:49AM
C:\DOCUME-1\alawrenc\LOCALS-1\Temp\XPGrpWise\CCS Admin Report--2009.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 9, 2009 CITY ATTORNEY Q
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-034 with Robert (Bob) Hooper assigning ground
lease of Hangar Space D1 to Keith Lamb at the Bakersfield Municipal Airport. (Ward 1)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: The ground lease agreement for Hangar Space D1 is currently with Robert (Bob)
Hooper. Mr. Hooper desires to assign his interest in the ground lease to Keith Lamb. The ground lease
agreement allows for this assignment. The $200.00 Processing fee has been paid. The assignment will
transfer all terms of the ground lease to Keith Lamb including the monthly rent of $60.00.
elp - April 13, 2009, 3:39PM
G:\GROUPDATIADMINRPT\2009\05-06\Amend1 to Agr 07-034-Robert Hooper for Space D1.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: April 21, 2009 CITY ATTORNEY Q
CITY MANAGER 46
SUBJECT: Amendment No. 1 to Agreement No. 08-073 with Zumar Industries extending the term for
one (1) year and adding $72,000 (for a total not to exceed amount of $139,046.75) to the
Annual Contract for traffic signs. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 7, 2008, Council awarded the Annual Contract for traffic signs to Zumar
Industries, Incorporated for a one (1) year period at $67,046.75; renewable annually thereafter for four (4)
consecutive one-year periods. If approved, Amendment No. 1 will add $72,000 for a revised not to exceed
amount of $139,046.75 and will extend term one year to expire in May 2010. 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:\PURCH\ADMIMAmendments\Amendment #1 to Agreement 08-073, Zumar Ind, AC Traffic Signs, May 6, 2009.doc
April 21, 2009, 12:09PM
A
ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, r
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 20, 2009 CITY ATTORNEY
CITY MANAGER ,PAS
SUBJECT: Contract Change Order Nos. 10 through 14 to Agreement No. 08-062 with Granite
Construction ($140,000; for a revised not to exceed amount of $8,355,931.50) 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 Kern River between Stockdale Highway and Ming Avenue.
Contact Change Order No. 10 provides for adjustment of the contract item unit price for adjusting sewer
manholes. Two sewer manholes were anticipated to be adjusted to the finish grade of the new roadway
as of this project. In actuality, four manholes will need to be adjusted which is a 100% increase in
quantity. The contract provides for a price adjustment for quantity increases of more than 25%. The
contractor has agreed to adjust their price from $10,000.00 per manhole to $5,000.00 per manhole for 1.5
manholes which is the amount over the 25% increase in quantity. This adjustment will result in a price
increase of $7,500.00 for the additional manhole work.
Contract Change Order No. 11 provides for modifying the cell tower facility that Berrenda Mesa leases to
Crown Castle which is losing an area of approximately 700 square feet on the east side of their facility due
to the construction of Allen Rd. In order to compensate for the loss of area on the east side, it was agreed
with Berrenda Mesa and Crown Castle that adding 700 square feet to the south side of the facility would
be an adequate solution to mitigate the loss of right of way on the east side. The contractor has agreed to
do this work for the lump sum price of $8,500.00.
Contract Change Order No. 12 provides for extension of landscaping on Allen Road. The project plans for
Allen Rd Bridge do not include provisions to extend the landscape beyond station 80+50 on the west side
of Allen Rd and 80+73 on the east side of Allen Rd. This change order work will extend the irrigation
system and grass landscape beyond the limits shown in the plans up to the Allen Rd Bridge. The
contractor has agreed to do this additional landscaping for the lump sum price of $21,000.00.
Contract Change Order No. 13 provides for modifying a steel casing for a water line. A sixteen (16) inch
PVC water line goes across the bridge inside a twenty four (24) inch steel casing. In order to mitigate
material cost increases for steel during the sixty two day suspension, Dokken Engineering approved
April 17, 2009, 3:29PM
G:\GROUPDATWDMINRPT\2009\05-06\CCOs 10 -14 Allen Road Bridge and Improvements.doc
ADMINISTRATIVE REPORT
reducing the thickness of the casing from 0.38 inches to 0.25 inches. This change will eliminate any cost
escalations without compromising the function of the steel casing. This is a no cost change order.
Change Order No. 13 provides for installation of additional soundwall on Allen Road. In an effort to
address traffic noise concerns from the residents at Moss Landing Dr, the City of Bakersfield is extending
the existing soundwall from Moss Landing Dr to the bike path off ramp at Allen Rd. This change will also
require modification of the existing irrigation system in the area of this work. The new soundwall will
match existing soundwalls installed on Allen Road. The contractor has agreed to accept a lump sum of
$103,000.00 to construct the additional soundwall and to modify the existing irrigation system.
The net cost increase of Change Orders 10 through 14 is $140,000.00. The change orders to date on this
project reflect a total cost increase of $260,315.50 (which is an increase of 3.2% of the original contract
amount) as illustrated below:
• Original Contract Amount = $8,095,616.00
• Amended Contract Agreement after Change Orders = $8,355,931.50
Net Increase to date = $ 260,315.50
April 17, 2009, 3:29PM
G:\GROUPDAT\ADMINRPT\2009\05-06\000s 10 -14 Allen Road Bridge and Improvements.doc
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ADMINISTRATIVE REPORT
cq~IFO ~P
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD +
DATE: April 23, 2009 CITY ATTORNEY 4V r
CITY MANAGER
SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 6 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($3,450,000; for a revised not to exceed amount of $216,169,330.00).
2. Transfer $3,450,000 contingency established for the Wastewater Treatment Plant No.
3 Expansion Project to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order and transfer.
BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve
odor control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3
to comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
Change Order No. 6 provides for a resolution to unresolved change order items, disputed change order
items, and agreed to change order items since the beginning of construction. Contractor claims include
time delay costs (time related overhead costs) and cumulative impact costs due to the cumulative delay
effect of previous change orders, multiple requests for information, and other large quantities of
construction documentation. The City and Construction Manager determined that these claims have no
merit per the construction agreement. Therefore the Contractor had the option of settling now in
accordance with the construction agreement or enter into a claim at the end of the project. To the
Contractor's credit, they decided to settle for a fair and equitable price now that is consistent with the
construction agreement.
Contractor's Claim Items Contractor's Claim City's determined fair rice
Direct change order Costs $4,250,000 $3,345,855 low estimate
Cumulative Impact Costs $1,500,000 $0.00
Time Related Overhead Costs $1,500,000 $0.00
Interest if claim at end of project) $600,000 $0.00
Total $7,850,000 $3,345,855
Ne otiations -$4,400,000 $104,145
Final Agreement $3,450,000 $3,450,000
The detailed descriptions of each change order item are summarized in the attached Change Order.
G:\GROUPDAT\ADMINRPT\2009\05-06\CCO 6 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
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This change order will increase the contract by $3,450,000. Cumulative change orders to date including
this change order total $5,148,330 (which is an increase of 2.44% of the original contract amount) as
illustrated below: Industry standard for change orders for a project of this magnitude are between 5% -
10%. This project is on track to be completed below industry standards in change order costs.
• Original Contract Amount = $211,021,000.00
• Amended Contract Agreement after Change Orders = $216,169,330.00
Net Increase to date = $5,148,330.00
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action.
G:\GROUPDATIADMINRPT\2009\05-06\CCO 6 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
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ADMINISTRATIVE REPORT
IF
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: j.
TO: Honorable Mayor and City Council PROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 24, 2009 CITY ATTORNEY yQ
CITY MANAGER
SUBJECT: Contract Change Order Nos. 9, 13, 31 and 32 to Agreement No. 07-304 with Security
Paving Construction ($59,963.73 for a revised not to exceed amount of $29,999,872.72) for
the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just east of the
Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 9 provides for the reduction of Asphalt Concrete and Aggregate Base material needed
for the temporary crossover for West bound traffic. Due to the short duration of use and the current traffic
conditions the section defined in the plans was excessive and the thickness of the materials can be
reduced. This change order results in a net decrease of $88,811.17.
Change Order No. 13 provides for the removal of Cement Treated Base (CTB) in lieu of the Aggregate
Base shown on the plans. During roadway excavation, CTB was found where prior plans had shown that
aggregate base had been placed; this CTB removal required additional effort by the contractor. This
change order results in a net increase of $73,382.00.
Change Order No. 31 provides for the increase in concrete, fractured rib texture, and reinforcing steel due
to the increased length and height of Retaining Walls 1 and 2. The quantities in the construction plans
were incorrect and had to be revised to reflect the actual quantities. This change order results in a net
increase of $61,244.90.
Change Order No. 32 provides for the modifications to Overhead Signs required to meet new Caltrans
standards that changed between bidding and installation. This change order results in a net increase of
$14,148.00.
The net cost increase of Change Order Nos. 9, 13, 31 and 32 is $59,963.73. This provides a total cost
increase of $670,426.62, which is a 2.28% increase as illustrated below:
• Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 610,462.89
• Current Change Order Nos. 9,13,31 & 32 = $ 59,963.73
• Amended Contract Agreement after Change Orders = $29,999,872.73
Net Increase to date = $ 670,426.62
Adequate state/federal funds have been previously budgeted to cover these additional costs.
G:\GROUPDAT\ADMINRPT\2009\05-06\Admin Rpt CCO 9-13-31-32 Fairfax Interchange Project -.doc Project # T7K021
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 'r
DATE: April 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 08-235 with Precision Analytical, Inc.
($19,300.01 for a revised not to exceed amount of $203,280.61) for the Driveway Entrance
Remodel United States Postal Service (U.S.P.S.) Hillcrest Carrier Annex Project. (Ward 3)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: During development of the design of the SR178/Fairfax 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 U.S.P.S. driveway and provide alternative
access to the Postal Facility from Auburn Oaks Drive adjacent to the north side of the facility. The City has
worked with U.S.P.S. for several years on this project, purchased some additional property for this new
access, and has installed a traffic signal at Fairfax Road and Auburn Oaks Drive, all to facilitate this new
access.
Change Order No. 1 provides for adjustment in some quantities of various items of work due to incorrect
bid quantities, unforeseen conditions, and changes required by the U.S.P.S. Postal Facility such as:
• Irrigation modifications (Decrease)
• Landscaping fabric, gravel, and seeded turf (Increase)
0 4" AC pavement and 4" concrete sidewalk (Decrease)
• 2.5" AC pavement and 6" concrete pavement and curb. (Increase)
• New 3 foot wide gate (Increase)
In addition, modifications had to be done to a drive approach and the on-site drainage system to
accommodate the U.S.P.S.
The net cost increase of Change Order 1 is $19,300.01. This provides a total cost increase of $19,300.01.
(which is a 10% increase from the original contract price) as illustrated below:
• Current Contract Amount = $183,980.60
0 Contract Agreement after Change Order = $203,280.61
Net Increase to date = $ 19,300.01
Adequate funds have been previously budgeted to cover this additional cost.
G:\GROUPDAT\ADMINRP712009\05-06\Admin. CCO 1 Driveway Project -.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
_J
DATE: April 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Extend bid for one (1) Pierce Quantum fire engine pumper from South Coast Fire
Equipment in the amount of $474,153.21.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND:
In September 2008, Fire Engine No. 213 was involved in a traffic accident and was declared "total loss" by
an outside auto appraiser. The City's risk management staff has negotiated a settlement agreement with
our property insurance carrier, who will fund $453,373.04 toward replacement of a new fire engine
pumper, with the balance of $20,780.17 coming from the equipment management fund. Replacement of
this damaged fire engine with a new fire engine will provide for many years of future service to our city.
At the Council meeting of March 6, 2002, City Council approved the purchase of one (1) 1500 GPM Fire
Pumper Engine ($388,843.46) from South Coast Fire Equipment. The bid specifications included a
provision whereby the City may purchase additional units at the same per unit cost with price adjustments
due to increases in the Consumer Price Index (CPI) and to account for modifications to specifications to
comply with changes to State and Federal codes. South Coast Fire Equipment has agreed to extend the
base bid amount awarded in 2002 with price adjustments according to the Consumer Price Index (CPI)
and mandated EPA updates for diesel motors. The new revised total for a 2009 Quantum fire engine
pumper is $474,153.21.
Staff recommends extension of bid.
Purchasing Division
S:\PURCH\NDMIMFire Engine Pumper, Extension of Bid, May 6, 2009.doc
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ADMINISTRATIVE REPORT
c LIFO
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8 vi.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: April 13, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Traffic Signal, Lighting and Interconnect System Installations on Pacheco Road at
Gasoline Alley Drive and Wible Road at Barber Way (Wards 6 & 7):
1. Accept bid and award contract to Loop Electric ($228,466.25) for project.
2. Appropriate $35,000 Developer share of project costs to the Public Works
Department's Capital Improvement Budget within the Gas Tax Fund.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of
appropriation.
BACKGROUND: This project consists of installing two complete traffic signals and lighting systems as
well as modifying existing pavement markings, and striping. The access ramps will be reconstructed to
meet current American with Disabilities Act (ADA) requirements. A traffic signal synchronization system
shall be installed.
The signal at Wible Road and Barber Way was originally planned to be a three-way signal installation.
During the design phase of the project, the intersection was expanded to a four-way intersection by a
developer. The $35,000 developer share is for associated costs in plan redesign and additional signal
equipment.
Each signal installation and the synchronization system is federally funded through the Congestion
Mitigation and Air Quality (CMAQ) program of which 88.53% is the federal share and 11.47% is the local
share. The Engineers Estimate for this construction contract was $360,000. There are sufficient funds in
the project account for award of this contract.
On April 1, 2009, a total of seven bids were received; all of those bids are acceptable. Those acceptable
bids are as follows:
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, Ca 93308 (County) in the amount of $228,426.25
Lee Wilson Electric Company, Inc
1151 El Camino Real
Arroyo Grande, Ca 93420 in the amount of $231,279.00
pw/design engineering/rlt-TM43_t8k123
G: \GROUPDATW DM I NRPT\2009\05-06\Adm inT7K 143_T8K123_PachecoBa rber.doc
ADMINISTRATIVE REPORT
Woeste Electric, Inc
943 S. 4th Street
Grover Beach, Ca 93433 in the amount of $243,235.25
A-C Electric Company
315 30th Street
Bakersfield, Ca 93301 (City) in the amount of $298,446.50
Tennyson Electric, Inc
7275 National Drive
Livermore, Ca 94550 in the amount of $312,647.00
Taft Electric Company
1694 Eastman Ave
Ventura, Ca 93003 in the amount of $326,541.55
Terno, Inc
15701 Heron Ave
La Mirada, Ca 90638 in the amount of $345,580.00
pw/design engineering/rlt-TM43 t8k1 23
G:IGROUPDATWDMINRPT\2009 _005-06\AdminT7K143_T8K123_PachecoBarber.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD / V
DATE: April 23, 2009 CITY ATTORNEY J M
CITY MANAGER
SUBJECT: Accept bid from San Joaquin Tractor Company, Bakersfield ($51,912.88) for one (1)
replacement rubber-wheeled tractor w/bucket, 4-wheel drive for the Public Works
Department, Wastewater Division. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of the bid for a replacement rubber-wheeled
tractor w/bucket 4-wheel drive.
BACKGROUND: The Wastewater Plant has been using a certain sized tractor for over ten (10) years that
frequently breaks down and parts are now difficult to obtain. The City Manager's office has approved the
replacement of the existing tractor with a larger capacity tractor to better suit the needs of the Wastewater
Division and minimize down time delays.
Invitations to Bid were sent to over one hundred (100) suppliers for tractors. Ten (10) bids were received
in response to solicitation. Upon City staff review, it was determined the lowest three bids did not meet
acceptable minimum specifications. The models proposed on all three bids did not have suitable engine
horsepower, loader lifting capacity and did not have adequate vandal protection. The next lowest bidder
meeting minimum requirements is San Joaquin Tractor Company, Bakersfield and is within the amount
budgeted.
Bids received, including those found to be unacceptable, are as follows:
BIDDER AM UNT MAKE/MODEL BID
Berchtold Equipment Company $44,930.75 (unacceptable) Kubota M854ODTC-1
Bakersfield, California
Berchtold Equipment Company $46,879.25 (unacceptable) Kubota M954ODTC-1
Bakersfield, California
Woodland Tractor, Incorporated $48,178.25 (unacceptable) Kubota M954ODTC-1
Woodland, California
San Joaquin Tractor Company $51,912.88 Massey Ferguson 3645
Bakersfield, California
Purchasing Division
SAPURCHIADMIMRubber Wheeled Tractor w-bucket 4WD, May 6, 2009.doc
ADMINISTRATIVE REPORT
Berchtold Equipment Company $55,106.25 New Holland T5040
Bakersfield, California
Berchtold Equipment Company $56,297.00 New Holland T5050
Bakersfield, California
Quinn Company $59,693.38 Challenger MT445B
Bakersfield, California
Kern Machinery $64,519.51 JD 6430/LDR 673
Bakersfield, California
Coastline Equipment $69,009.38 John Deere 210LJ
Bakersfield, California
Kern Machinery $82,818.25 JCB 3CLL
Bakersfield, California
Staff finds the bid from San Joaquin Tractor Company, Bakersfield, in the amount of $51,912.88 for the
Massey Ferguson Model 3645 Tractor to be acceptable and recommends award of the bid.
Purchasing Division
S:\PURCH\ADMIMRubber Wheeled Tractor w-bucket 4WD, May 6, 2009.doc
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ADMINISTRATIVE REPORT
t
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~j . ` .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /
DATE: April 23, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contracts for irrigation parts and supplies.
1. Resolution determining that Rain Bird Maxicom controllers cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $75,000.
2. Award contract to Kern Turf Supply, Incorporated, not to exceed $75,000 for the
annual contract - Maxicom controllers. (Citywide)
3. Accept bid and award contract to Kern Turf Supply, Incorporated, not to exceed
$229,680.46 for the annual contract - irrigation parts and supplies. (Citywide)
RECOMMENDATION: Staff recommends adoption of the resolution and award of the contracts.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for the Annual Contract
for Irrigation Parts and Supplies for the Recreation and Parks Department. Three (3) bids were received
from Kern Turf Supply, Incorporated, John Deere Landscapes, Bakersfield, and Ewing Irrigation Products,
Incorporated, Bakersfield.
The Recreation and Parks Department has standardized on Rain Bird Maxicom controllers to centrally
control water usage throughout the City thereby conserving water. Kern Turf Supply, Bakersfield, is the
only authorized distributor and service provider of Rain Bird Maxicom controllers for Kern County,
therefore, those items will be separated to an annual contract supported by a sole source resolution.
The lowest overall bidder for the remaining one hundred forty seven (147) line items listed in the bid
package is Kern Turf Supply, Incorporated. A spreadsheet analysis is attached identifying Kern Turf
Supply, Incorporated as the lowest overall cost to the City for the non-proprietary items. Due to the large
number of items on the contract, it is not feasible to split the award between multiple vendors. The
contract is renewable annually for four consecutive one-year periods at the City's option and upon
mutually agreeable terms.
Staff recommends approval of the sole source resolution and award of the two contracts to Kern Turf
Supply, Incorporated, Bakersfield.
Purchasing Division
S:\PlJRCH\ADMIMAC Irrigation Parts and Supplies, John Deere Landscapes, April 22, 2009.doc
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A
° ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
i
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: April 15, 2009 CITY ATTORNEY
CITY MANAGER a
SUBJECT: Budget and Finance Committee Report regarding FY 09/10 Community Development Block
Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant
(ESG) Annual Spending Plan. (ALL WARDS)
RECOMMENDATION:
fi
The Budget and Finance Committee recommends acceptance of the report, and authorizes the City
Manager to execute all necessary HUD documents.
BACKGROUND:
The Budget and' Finance Committee met on February 23, 2009 to review and consider the Annual HUD
Action Plan for FY 2009-2010. The proposed 2009/2010 Annual Action Plan is the fifth year of the
Consolidated Plan 2010 and represents activities to be funded with Community Development Block Grant
(CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG)
entitlements. As of April 23, 2009, the City's final federal entitlement amounts were not released from
HUD for FY09/10. The total estimated funds available for FY 08/09 is $5,341,020 which represents
$3,324,357 of CDBG funds (includes program income of $20,000), $1,670,000 of HOME funds (includes
program income of $150,000), $146,663 of ESG funds, and $200,000 in unprogrammed/contingency
funds. The $200,000 represents stafrs estimate of additional entitlement funds for CDBG and/or HOME
once HUD releases the amount of funding to the City of Bakersfield for FY 09/10.
A public notice was published on April 5, 2009 concerning the availability of the draft annual action plan for
a HUD required 30-day citizen review and comment period. As part of the public review and comment
process, a public meeting was held on April 20, 2009. The public review period ended on May 5, 2009 and
no public comments were received on the proposed use of HUD funds for FY 09/10.
Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to
address community development and housing needs identified in the five-year Consolidated Plan adopted
by City Council in May 2005. The attached public notice outlines the proposed funding to address these
needs by project/program.
The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for next fiscal
year and recommended staff to proceed with the public notice and forward the FY 2009/10 CDBG, HOME
and ESG annual spending plan to the City Council in May, 2009 for review and approval.
S:Wdmin9%City CouncinClty Council Admins 2008Wction plan FY9-10 admin.doc
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ADMINISTRATIVE REPORT Paget
The deadline for submittal of the Action Plan to HUD is May 15, 2009. HUD will then have 45 days to
review the Action Plan for compliance with federal regulations. Funds are expected to be available after
July 1, 2009.
S:Wdmins\City Council\City Council Admins 2008Wction plan FY9-10 admin.doc
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J _
ADMINISTRATIVE REP
ORT
MEETING DATE: May 6, 2009 AGENDA SECTION: (,pn~y~-~(ay
ITEM: 41,A, .
TO: Honorable Mayor and City Council AP VED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD A.(7:-j
DATE: April 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: U. S. Department of Housing and Urban Development (HUD) FY 08/09 Action Plan
Amendment No. 4 and Consolidated Plan 2010 Substantial Amendment for Homeless
Prevention and Rapid Re-Housing Program Neighborhood Stabilization Program funds
(Wards All)
RECOMMENDATION:
Staff recommends approval and authorization of the City Manager or his designee to execute all
necessary HUD documents.
BACKGROUND:
The Homeless Prevention and Rapid Re-Housing Program (HPRP) was established under the federal
American Response and Recovery Act (ARRA) of 2009 and the City has been allocated $1,372,351
under this program. The HPRP funds are intended to target individuals and families who would be
homeless but for the assistance. Cities who are eligible to receive funds under this program must apply by
no later than May 18, 2009 to HUD in accordance with their Consolidated Plan amendment process and
citizen participation requirements.
The HPRP funds are designed to provide financial assistance and services to prevent individuals and
families from becoming homeless, and to help those who are experiencing homelessness by providing
quick re-housing and stabilization. Types of uses for these funds include: short-term and medium-term
rental assistance, housing relocation and stabilization services including housing search, mediation or
outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for
a final month at a location, moving cost assistance, and case management. Cities may use up to 5% of
the funds they receive for administrative costs. Grantees must spend at least 60% of the funds received in
two years and 100% of the funds within three years from the date of HUD contract award. Unspent funds
will be recaptured and reallocated. Subgranting of these funds to qualified agencies is permissible.
A public notice was published on April 22, 2009 concerning the availability of the draft Substantial
Amendment for a HUD required 12-day minimum citizen review and comment period. The 12-day public
review period ended on May 4, 2009 and at the time of the preparation of this administrative report no
written public comments had been received on the proposed use of HUD HPRP funds. As part of the
citizen participation process requirements, a brief summary of citizen participation efforts are reflected in
the final Substantial Amendment under the Citizen Participation section. The public notice is attached.
S:\Admins\City Council\City Council Admins 2009\HPRP action plan amendment admin.doc
AK
OF y~ *+r S
ADMINISTRATIVE REPORT
LI
MEETING DATE: May 6, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6, bb.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 22, 2009 CITY ATTORNEY ' S
CITY MANAGER
SUBJECT: Grant of easement to P.G. & E for electrical service at Wastewater Treatment Plant No. 3.
(Ward 6)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND:
As part of the expansion project at Wastewater Plant No. 3 the City will be widening Ashe and Gosford
Roads. The City requested P.G. & E. relocate their existing overhead power lines along the Ashe Road
side of Wastewater Treatment Plant No. 3 to accommodate the road widening. This will result in P.G.&
E.'s cross arms extending outside the Ashe Road right of way approximately three feet. So P.G.&.E has
requested the City grant them an easement for that portion extending outside the Ashe Road right of way.
The Public Works Department has reviewed and approved their request.
April 22, 2009, 10:06AM
P:\MyFilesWdmin Reports\PGE WWN03.doc
DMAIs
A
U p
ADMINISTRATIVE REPORT
c LI LL
MEETING DATE: May 6, 2009 AGENDA SECTION: Closed Session
ITEM: q a,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /CT
DATE: March 19, 2009 CITY ATTORNEY VG'
CITY MANAGER Fs
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
SACOUNCIL\CI Sess\Admins\08-09\5-6-09.PotLit.doe
A ,
ADMINISTRATIVE REPORT
1
MEETING DATE: May 6, 2009 AGENDA SECTION: Closed Session
ITEM: q - (9 .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: April 28, 2009 CITY ATTORNEY f~
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• John M. Tarabino, et a.l v. City of Bakersfield, et al.
KCSC Case No. S-1500-CV-257620-SPC
VG:Isc
SACOUNCIL\CI Sess\Admins\08-09\5-6-09Exis1Lft2.doo
A
ADMINISTRATIVE REPORT
L
MEETING DATE: May 6, 2009 AGENDA SECTION: Closed Session
ITEM: . C .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V&-
DATE: April 16, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Kern Delta v. North Kern; City of Bakersfield
KCSC Case No. S-1500-CV-266459 KCT
VGAsc
SACOUNCIL\CI Sess\Admins\08-09\5-6-09ExistLit.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Closed Session
ITEM: C f. d.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: April 2, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
SACOUNCIL\CI Sess\Admins\08-09\5-6-OgLaborNeg.doc
BAKE
OFycosroe.,r~ S
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 6, 2009 AGENDA SECTION:! Deferred Business
ITEM: I ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: April 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Global CTI in an amount not to exceed $1,500,000 for the purchase,
installation, maintenance, and training of City staff of a ShoreTel Enterprise IP Telephone
System
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City's current telephone system is an Ericsson MD-110 PBX purchased in November, 1989. While
the system does work, it is no longer supported by the manufacturer and used parts are becoming harder
to procure. While the City maintains a stock of commonly used parts for the unit, should those parts not
work or should a board fail that the city does not have a replacement part for, it could be a significantly
long time, if ever, before the system could be repaired. This could leave all City staff without telephones
for an extended period of time. This City-wide outage would affect all departments including Police, Fire,
RaboBank, Public Works, Development Services, and administrative functions.
In October 2006 staff began the process of selecting a consultant to assist in the development, selection,
and installation of a new phone system. After evaluating responses to a Request for Qualifications,
Council awarded a contract to PlanNet Consulting on March 9, 2007 to develop a RFP and assist with the
selection and installation of a new phone switch. On July 3, 2008 the City issued a RFSQ (Request for
Statements of Qualifications) and selected four resellers to receive copies of the RFP. The RFP was
issued on September 16, 2008, with responses due on October 3, 2008. The responses were evaluated
on their technical merit as well as initial cost and 7 year total cost of ownership. After adjustments to
ensure that vendors are bidding equivalent equipment, the final cost from the final three bidders were:
Vendor (Proposed equipment) InltIol Cost Seven Year TCO
Global CTI ShoreTel $1,125,873 $1,399,228
AT&T Nortel $1,251,205 $1,579,790
AMS.Net Cisco $1,321,733 $1,574,842
As part of the installation of the new equipment, the City will need to spend approximately $500,000 to
update our cable infrastructure, UPS systems, and to purchase servers and software for the new phone
April 29, 2009, 2:37PM
P:\My Documents\DOCUMENT\COUNCIL\Admin for GCTI Award.doc
ADMINISTRATIVE REPORT
system.
The evaluation process included and in-depth review of the vendor's proposals, site visits to multiple sites
running the vendors hardware solutions, as well as phone calls to additional sites.
Additional considerations in the selection of Global CTI included:
• Global CTI is a state wide corporation whose headquarters is in the City of Bakersfield
• AMS. Net and Cisco were unable to provide any reference accounts where their equipment was
being run with a Nortel switched network. The City currently utilizes Nortel switches and moving to
Cisco switches would be prohibitively expensive and require retraining of City staff. This is a major
technical concern.
• AT&T proposed Nortel equipment. While this resulted in the highest score, Nortel is currently in
Chapter 11 bankruptcy proceedings. We felt this presented too high a risk factor to proceed with
AT&T.
While technical concerns were important, the final decision as to which solution to make was based largely
on cost, given the current economic situation. The entire committee feels that the GCTI solution will meet
the needs of the City for reliability and features. Staff recommends approval of the agreement.
April 29, 2009, 2:37PM
P:\My Documents\DOCUMENT\COUNCIL\Admin for GCTI Award.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Public Hearings
ITEM: Ie2 , a .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: April 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Developmental Services Support Foundation for Kern, Inyo, and Mono Counties (Kern
Regional Center): (Ward 3)
1) Resolution approving execution of a joint exercise of powers agreement relating to the
California Municipal Finance Authority and approving the issuance of revenue bonds in one
or more series by the Authority for the purpose of financing and refinancing the acquisition,
construction, and improvement of certain facilities for the benefit of the Developmental
Services Support Foundation for Kern, Inyo and Mono Counties.
2) Joint Exercise of Powers Agreement with California Municipal Finance Authority.
RECOMMENDATION:
Staff recommends approval to enter into a joint exercise agreement, conduct a public hearing and adopt
the resolution.
BACKGROUND:
The City of Bakersfield is being asked to adopt a resolution to become a member of the California
Municipal Finance Authority (Authority) and to approve the issuance of tax-exempt revenue bonds by the
Authority in an aggregate principal amount not to exceed $13 million, to assist Developmental Services
Support Foundation for Kern, Inyo and Mono Counties (Kern Regional Center) for financing and
refinancing the acquisition of certain real property and improvements, including for the construction,
equipping and/or renovation of certain improvements for use primarily as office facilities. The address for
the facility in the City of Bakersfield is 3200 North Sillect Avenue, Bakersfield. Such approval is required
for compliance with the federal tax laws under the Tax and Equity Fiscal Responsibility Act of 1982
("TEFRA"), as well as Section 4 of the Authority's Joint Powers Agreement (the "Agreement").
The Authority was created on January 1, 2004 pursuant to a joint exercise of powers agreement to
promote economic, cultural and community development, through the financing of economic development
and charitable activities throughout California. The Authority is a California joint exercise of powers
authority, organized and existing under the laws of the State of California (specifically, California
Government Code Section 6500 and following). Under the California Government Code, cities and
counties are authorized to form by agreement a governmental entity that combines the powers of such
entities to perform certain governmental functions specifically outlined in the Agreement. With respect to
SAAdmins\City Council\City Council Admins 2009\TEFRA kern regional.doc
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ADMINISTRATIVE REPORT Page 2
the Authority, over 85 municipalities, including the cities of Los Angeles, Anaheim, Rancho Cucamonga,
Commerce, San Jose, San Francisco, Fresno and Santa Clarita and the counties of San Diego, Orange,
Riverside, San Bernardino, San Francisco, Sacramento, Fresno, Alameda and Ventura have entered into
and executed the Agreement to become a member of the Authority. The Authority is authorized to assist
in the financing of 501(c)(3) nonprofit projects.
The Authority was formed to assist local governments, non-profit organizations and businesses with the
issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The
Authority's representatives and its Board of Directors have considerable experience in bond financings.
In order for the Authority to issue such Bonds, the City must (1) enter into a joint exercise of powers
agreement with the Authority, (2) conduct a public hearing allowing members of the public to comment on
the proposed Project, and (3) approve of the Authority's issuance of Bonds on behalf of the proposed
financing. Although the Authority (not the City) will be the issuer of the tax-exempt revenue bonds for the
Project, the financing cannot proceed without the City becoming a member of the Authority and, as the
governmental entity having jurisdiction over the site, approving of the Authority's issuance of
indebtedness.
The bonds to be issued are for the Kern Regional Center (KRC). KRC was established in 1994 and
serves approximately 6,300 people in Kern, Inyo and Mono Counties. KRC has been providing services to
those at risk of developing a developmental disability, those with developmental disabilities, and their
families.
The bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and,
as such, require the approval of the elected body of the governmental entity having jurisdiction over the
area where the project to be financed is located. The City will not be under any obligation to repay the
bond indebtedness.
There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed
financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-exempt
revenue bonds are payable solely out of the revenues derived by the Borrower from the applicable Project.
No financial obligations are placed on the City for project financing costs or debt repayment.
S:\Admins\City Council\City Council Admins 2009\TEFRA kern regional.doc
4/24/20091:29 PM
T ADMINISTRATIVE REPORT
MEETING DATE: May 6, 2009 AGENDA SECTION: Hearings
ITEM: Q. b.
TO: Honorable Mayor and City Council PR VED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD-
DATE: April 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Morning Drive-College Avenue Planned Bridge and Major Thoroughfarfe(MWard 3)
1. Hearing as required by Resolution of Intention No. 1635 regarding the Morning
Drive-College Avenue Planned Bridge and Major Thoroughfare Area.
2. Resolution of the City of Bakersfield Adopting the Morning Drive-College Avenue
Planned Bridge and Major Thoroughfare Area and making findings thereto.
3. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060
of the Bakersfield Municipal Code relating to Bridge Crossings and Major
Thoroughfares. (Second reading)
RECOMMENDATION: Staff recommends overriding protests, adoption of resolution and ordinance.
BACKGROUND: A property owner developing 20 acres in northeast Bakersfield has requested the
formation of a Major Bridge and Thoroughfare District to help in the construction of Morning Drive.
Morning Drive is an arterial shown on the Circulation Element of the current Metropolitan Bakersfield
General Plan. This arterial will provide an essential transportation link in the northeast upon completion,
connecting SR 178 with College Avenue. Morning Drive is shown on the Regional Transportation Impact
Fee Facilities List for 2 lanes. The construction of the remaining 4 lanes plus curbs, gutters and sidewalks
will be the responsibility of the adjacent property owner as he develops his property. However,
development in the northeast tends to be non-adjacent, creating gaps in improvements that may stand for
years before the property develops and constructs their frontage.
Because of the importance of this roadway, and because of the fragmented ownership of the property that
the Specific Plan Line traverses, a Major Bridge and Thoroughfare District is the best way to insure that
property benefiting from the construction of this road pays their proportionate share of the improvements
beyond the initial 2 lanes funded by the impact fee.
This hearing is in regard to the adoption of the Morning Drive-College Avenue Planned Bridge and Major
Thoroughfare Area.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule. The resolution sets a hearing for May 6, 2009.
This Ordinance adds the Morning Drive-College Avenue Planned Bridge and Major Thoroughfare Area to
Section 16.32 060 of the Bakersfield Municipal Code.
April 24, 2009, 4:54PM
G:%ub\,SHARED\PROJECTS1Bddge DistrictlAdminNomingAdoptdoc
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ADMINISTRATIVE REPORT
t
MEETING DATE: May 6, 2009 AGENDA SECTION: Hearings
ITEM: 2. , C .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAqL!~
DATE: April 30, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change No. 03-0337 - The Canyons Project 4a 3)
RECOMMENDATION:
Staff recommends continuance to the next General Plan Amendment Cycle.
BACKGROUND:
The applicant, Robert Kapral, The RMK Group, representing Canyons, LLC, the property owner,
submitted a letter dated April 22, 2009 raising issues that were not raised at the Planning Commission
hearing. As a result, staff has not had time to prepare a complete response and therefore requests a
continuance to the next General Plan Amendment Cycle.
Jeng SA03-0337 Canyons\City CounclWay 6-09\Canyons Admin Report2.doc.continued
April 30, 2009
A
ti
ADMINISTRATIVE REPORT
IF
MEETING DATE: May 6, 2009 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD b(
DATE: April 30, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing regarding Williamson Act Land Use Contract Cance I ion and
Agricultural Preserve No. 14 Boundary Alteration No. 09-0192 (Ward 3)
RECOMMENDATION:
Staff recommends continuance to the next General Plan Amendment Cycle.
BACKGROUND:
This project requires action on the EIR for the Canyons Project to be completed before conducting this
public hearing regarding cancellation of a land use contract. Since council has not yet acted on the EIR
for the Canyons Project, it is recommended that this item be continued to the next General Plan
Amendment Cycle.
KShea SAAg Land Preservation\Project Files\Canyons 38603004\WA Admin Report.doc.continued
April 30, 2009
A
Q yco 014 V
ADMINISTRATIVE REPORT
TO
MEETING DATE: May 6, 2009 AGENDA SECTION: REPORTS
ITEM: q .
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD_
DATE: April 23, 2008 CITY ATTORNEY
CITY MANAGER F~
SUBJECT: Presentation of the Proposed FY 2009 - 10 Budget
RECOMMENDATION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2009-10 proposed
budget for the Operating, Capital Improvement and Bakersfield Redevelopment Agency budgets.
JWS:mm
April 23, 2009, 3:20PM
S:\Admin Rpts\2009\Budget Presentation 050609.doc
BA E
O~~C~HPOR4BAKERSFIELD CITY COUNCIL
# d MINUTES
L10 MEETING OF APRIL 22, 2009
LIFO
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch (seated at 5:30 p.m.), Hanson,
Sullivan
Absent: None.
2. INVOCATION by Eddie Hair, Jr., St. John's Missionary
Baptist Church.
3. PLEDGE OF ALLEGIANCE by Sebastian Medina, 3rd Grade
Student at Christa McAuliffe Elementary School.
Mayor Hall acknowledged the students in the audience.
4. PUBLIC STATEMENTS
a. Evelyn Stewart spoke regarding street sweeping,
and concerns she has with the dirt and dust in her
neighborhood, and provided photos and written
material.
Councilmember Benham asked that a staff
person be delegated to work with Mrs. Stewart
and coordinate her with Code Enforcement and
Public Works; suggested the Police Department
provide her some information about
Neighborhood Watch; and to keep
Councilmember Benham updated on this matter.
b. Lisa English spoke regarding the Keep Bakersfield
Beautiful/PAL Community Garden; invited the
Council to the Garden groundbreaking on May 6th
which is California Beautification Day; and
presented each Councilmember with a tomato plant.
Bakersfield, California, April 22, 2009 - Page 2
5. WORKSHOPS ACTION TAKEN
None.
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Omar Macias declaring May 2009, Motorcycle
Awareness Month.
Mr. Macias received the Proclamation and made
comments.
b. Presentation by Mayor Hall of a Proclamation to
Linda Vernon declaring April 2009, Fair Housing
Month.
Mayor Vernon, from the City of Tehachapi, and
Executive Director of the Bakersfield Association of
Realtors, received the Proclamation and introduced
Susan O'Quinn, Vice-Chair of the Fair Housing
Committee at the Association, who made
comments and invited the Mayor and City
Council to attend the awards ceremony honoring
this year's arts contest winners on Saturday, May
2nd, at the Association office, 4800 Stockdale
Highway, Suite 100.
7. APPOINTMENTS
a. Three appointments to the Historic Preservation
Commission due to the expiration of terms of Nancy
McNamee-Carter, Susan Stussy and Patricia Duffel,
whose terms expired March 30, 2009.
City Clerk McCarthy announced applications were
received from Juliana Dooley, Susan Stussy and
Patricia Duffel.
Motion by Vice-Mayor Scrivner to dispense with APPROVED
the ballot vote and appoint all applicants.
b. Two appointments to the Planning
Commission due to the expiration of terms of
Russell Johnson (Ward 3) and Murray
Tragish (Ward 5), whose terms expire April
30, 2009.
Mayor Hall announced that these are Ward
appointments, therefore, no ballot votes are
required.
Bakersfield, California, April 22, 2009 - Page 3
7. APPOINTMENTS continued ACTION TAKEN
Item 7.b. continued
Motion by Councilmember Hanson to reappoint APPROVED
Murray Tragish as the Ward 5 representative to
the Planning Commission.
Motion by Councilmember Weir to appoint Dean APPROVED
Haddock as the Ward 3 representative to the
Planning Commission.
Councilmember Weir introduced Dean Haddock and
thanked him for his willingness to serve.
C. Two appointments to the Bakersfield
Redevelopment Agency due to the expiration
of terms of Larry Pickett and Danny Ordiz,
whose terms expire April 22, 2009.
Mayor Hall announced these are Mayor
appointments and nominated both applicants for
reappointment.
Motion by Vice-Mayor Scrivner to ratify the APPROVED
Mayor's reappointment of Larry Pickett and
Danny Ordiz to the Bakersfield Redevelopment
Agency.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 23, 2009 Joint
Meeting of the City Council and Kern County Board
of Supervisors, and the April 1, 2009 Regular City
Council Meeting.
Payments:
b. Approval of department payments from March 20, ABS WEIR
2009 to April 9, 2009 in the amount of
$21,324,365.77 and self-insurance payments from
March 20, 2009 to April 9, 2009 in the amount of
$370,804.68.
Ordinances:
C. First Reading of the following:
1. Ordinance amending Section 3.40.010 § D FR
and § E defining tax collector and person in
Chapter 3.
Bakersfield, California, April 22, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.c. continued
2. Ordinance amending Section 3.40.120 FR
relating to the payment of transient lodging
taxes.
3. Ordinance deleting a portion of Section FR
3.40.020 § B relating to collecting taxes in
the General Fund.
4. Ordinance deleting Section 3.40.040 § C and FR
§ D relating to reports and remittances.
5. Ordinance amending Section 3.40.080 FR
relating to security requirements.
6. Ordinance amending Section 3.40.100 FR
relating to successor or assignee of business
to withhold tax from purchase price.
7. Ordinance amending Section 3.40.110 § B FR
relating to liability of successor or assignee
for tax.
8. Ordinance amending Section 3.40.150 FR
relating to enforcement.
9. Ordinance amending Section 5.26.010 § C FR
relating to definition of person.
Resolutions:
d. Resolution confirming approval by the Assistant City RES 043-09
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 the demolishment of
dangerous buildings and authorize collection of the
assessments by the Kern County Tax Collector.
e. Purchase of Econolite Autoscope Traffic Signal
Video Detection Systems:
1. Resolution determining that the traffic signal RES 044-09
video detection systems cannot be
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore,
not to exceed $270,000.
2. Approve the purchase of 28 Autoscopes
from Econolite Control Products, Inc. in the
amount of $270,000.
Bakersfield, California, April 22, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
f. Resolution authorizing the sale of a surplus VAC- RES 045-09
CON sewer line cleaning truck to the City of Taft for
$20,000.
g. Resolution authorizing the Police Department to RES 046-09
apply for the Edward Byrne Memorial Justice
Assistance Grant ($830,733) from the U. S.
Department of Justice.
h. Resolution terminating Improvement Agreement RES 047-09
Nos. 08-201 and 08-202 with Community Action
Partnership of Kern for improvements in the City
right of way for Parcel Map 11782 located at the
southwest corner of Washington Street and Feliz
Drive.
i. Resolution of Intention No. 1632 to order the RO/ 1632
vacation of a portion of Auburn Street from Morning
Drive to approximately 1,300 feet west.
j. Morning Drive-College Avenue Planned Bridge and
Major Thoroughfare Area:
1. Resolution of Intention No. 1635 to establish R011635
the Morning Drive-College Avenue Planned
Major Bridge and Thoroughfare Area and
preliminarily approving the boundaries of the
area and the cost and fee schedule.
2. First Reading of Ordinance amending FR
Section 16.32.060 of the Municipal Code
relating to Bridge Crossings and Major
Thoroughfares.
Agreements:
k. Agreement with JTS Construction, Inc. (not to AGR 09-036
exceed $150,000) to provide construction
rehabilitation services for the Neighborhood
Stabilization Program.
1. Agreement with Hybrid Construction (not to exceed AGR 09-037
$150,000) to provide construction rehabilitation
services for the Neighborhood Stabilization
Program.
M. Agreement with Gilliam & Sons, Inc. (not to exceed AGR 09-038
$300,000) to provide demolition services for the
Neighborhood Stabilization Program.
Bakersfield, California, April 22, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
n. Amendment No. 1 to Agreement No. RP08-100 with AGR 09-039
Brenntag Pacific ($50,000; revised not to exceed
$90,000) for bulk delivery of pool chemicals to City
operated Recreation & Park facilities.
o. Ground Lease of Hangar Space at Bakersfield
Municipal Airport:
1. Amendment No. 1 to Agreement No. 06-358 AGR 06-358(1)
with Steve Ayler assigning ground lease
of Hangar Space 131 to Gordon Dole.
2. Amendment No. 1 to Agreement No. 06-359 AGR 06-359(1)
with Steve Ayler assigning ground lease
of Hangar Space B2 to Gordon Dole.
P. Asphalt Rejuvenator and Sealant:
1. Amendment No. 2 to Agreement No. 07-141 AGR 07-141(2)
with Burtch Construction (not to exceed
$3,000,000 and extending term to May 6,
2010) to provide and apply asphalt
rejuvenator and sealant.
AGR 07-142(2)
2. Amendment No. 2 to Agreement No. 07-142
with Alon Asphalt (extending term to May 6,
2010) to provide ready to use asphalt
rejuvenator and sealant.
q. Amendment No. 4 to Agreement No. 06-220 with AGR 06-220(4)
Kern Sprinkler Landscaping, Inc. ($80,000; revised
not to exceed $680,000) for irrigation and
landscaping services.
r. Amendment No. 2 to Agreement No. 07-198 with AGR 07-198(2)
Zim Industries dba Bakersfield Well and Pump Co.
($100,000; revised not to exceed $200,000 and
extending term for one (1) year) for maintenance
and repair of the Olcese Wells.
S. Water Meters:
1. Amendment No. 1 to Agreement No. 08-074 AGR 08-074(1)
with Measurement Control Systems (not to
exceed $817,050 and extending term to
May 5, 2010) for water meters.
2. Amendment No. 1 to Agreement No. 08-075 AGR 08-075(1)
with Badger Meters (extending term to
May 5, 2010) for water meters.
Bakersfield, California, April 22, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
t. Contract Change Order No. 1 to Agreement AGR 08-236
No. 08-236 with AC Materials, Inc. ($78,660; revised CCO 1
total not to exceed $645,259.45) for the Shoulder
Paving at S. Mt. Vernon Avenue from E. Belle
Terrace to E. Planz Road project.
U. Contract Change Order No. 2 to Agreement No. 08- AGR 08-196
196 with Kern Pacific Construction Co. ($75,997.26; CCO 2
revised not to exceed $655,082.07) for the Friant-
Kern Canal Liner Replacement Project. (TRIP)
AGR 05-132(2)
V. Amendment No. 2 to Agreement No. 05-132 with H
& H Engineering Construction, Inc. (no increase in
compensation; extends term) for repair and
maintenance of Bakersfield Amtrak Railroad.
Bids:
W. Reject all bids for Bakersfield Amtrak Railroad
maintenance and repair.
X. Roof Replacement at Martin Luther King Community
Center, 1000 S. Owens Street:
1. Accept base bid and additive alternate and AGR 09-040
award contract to Graham Prewett, Inc.
($320,000) for the project.
2. Transfer $20,000 CDBG Contingency funds
from the Operating Budget to the Capital
Improvement Budget within the Community
Development Block Grant Fund for the
project.
Y. Accept bid and award contract to Granite REMOVED FOR
Construction Co. ($1,479,870) for construction of SEPARATE
street improvements along White Lane from CONSIDERATION
Dovewood Street to Wible Road.
Z. Accept bid and award contract to Lee Wilson AGR 09-042
Electric ($109,795.50) for traffic signal and
lighting system installation at Berkshire Road and
Wible Road.
Miscellaneous:
aa. Appropriate $275,000 Asset Forfeiture Funds to the
Police Department's FY -2008-09 Operating Budget
within the General Fund to balance the budget in
the case of unanticipated overtime expenditures.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Bakersfield, California, April 22, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through aa., with the removal of
item 8.y. for separate consideration.
Y. Accept bid and award contract to Granite AGR 09-041
Construction Co. ($1,479,870) for construction of
street improvements along White Lane from
Dovewood Street to Wible Road.
Motion by Councilmember Sullivan to adopt APPROVED
Consent Calendar item 8.y.
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
C. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
Robert Pratt v. City - KCSC Case Nos. S- 1 500-CV-
253264-AEW, S-1500-CV-259414-AEW, and
S-1500-CV-261666-AEW.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:47 p.m.
Motion by Councilmember Hanson to adjourn from APPROVED
Closed Session at 8:14 p.m.
9. RECESS
Reconvened from Closed Session at 8:14 p.m.
11. CLOSED SESSION ACTION
DIRECTION GIVEN
a. Conference with Labor Negotiator pursuant to TO STAFF AND
Government Code Section 54957.6. NEGOTIATOR
b. Public Employee Performance Evaluation - City CONCLUDED
Manager; Closed Session pursuant to FAVORABLE
Government Code Section 54957(b)(1)/54957.6. EVALUATION
WITHOUT ANY
C. Conference with Legal Counsel - Existing Litigation; ADDITIONAL
Closed Session pursuant to subdivision (a) of BENEFITS OR
Government Code Section 54956.9 regarding COMPENSATION
Robert Pratt v. City - KCSC Case Nos. S-1500-CV- NO REPORTABLE
253264-AEW, S-1500-CV-259414-AEW, and ACTION
S-1 500-CV-261666-AEW.
Bakersfield, California, April 22, 2009 - Page 9
12. CONSENT CALENDAR HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution establishing RES 048-09
industrial and commercial sewer service user
surcharges for Fiscal Year 2009-10.
b. Public Hearing to consider resolution making RES 049-09
findings and certifying the Final Environmental
Impact Report (EIR) for the Amended Hillside
Development (HD) Combining Zone Ordinance
(Municipal Code Chapter 17.66).
Consent Calendar Hearings opened at 8:16 p.m.
No one spoke.
Consent Calendar Hearings closed at 8:16 p.m.
At the request of Councilember Weir, Assistant Public
Works Director Underwood gave an overview of the
rates.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 12.a. and b.
13. HEARINGS
None.
14. REPORTS
None.
15. DEFERRED BUSINESS
None.
16. NEW BUSINESS
a. Amendment No. 2 to Resolution No. 140-08 RES 140-08(2)
approving Memorandum of Understanding for
employees of the Blue and White Collar Units and
adopting salary schedule and related benefits.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Resolution and express the thanks of the City of
Bakersfield to the SEW Local 521 Collective
Bargaining Unit and to the Blue and White Collar
employees for deferring their scheduled pay
increase in 2009 to assist in reducing the City's
budget shortfall.
Bakersfield, California, April 22, 2009 - Page 10
17. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Benham referred to the Legislative and
Litigation Committee the matter of a possible ordinance
to clarify when activity use permits are required for
sports activities in City parks.
Councilmember Benham asked staff to evaluate the
request from William Penn School concerning the
curbing and the safety in the area; provide a letter to
the school's student activities director; and find out
whether CDBG funding might be available for some of
the sidewalk improvements.
Councilmember Benham asked staff to assist with a
letter regarding leaf blowers.
Councilmember Benham asked Planning Department
staff to provide her with feedback on an article
regarding form-based zoning codes.
Councilmember Couch provided a copy of a letter staff had
prepared for his signature.
Councilmember Couch requested a memo updating the
status of the Transportation Impact Fee and where the
matter stands with the City and the County.
Councilmember Sullivan asked staff to clean up the
median on Ming at the Northbound ramp of Highway
99; and to repair two very deep holes on Planz
between Akers and Wible.
Councilmember Sullivan asked staff to provide a
response which outlines the City's policy for weekday
and weekend pick-up of dead animals.
Councilmember Sullivan announced today is the 143rd
Anniversary of Congress' enactment of legislation
authorizing the inscription of the phrase, "In God We Trust",
to be placed on certain coins, and advised there are now 51
cities following Bakersfield's lead by displaying the motto in
their council chambers.
Councilmember Carson asked Public Works staff to
check on the traffic problem at Casa Loma and Lotus
Lane to determine if the road is wide enough to handle
the traffic flow from the new apartment complex.
Bakersfield, California, April 22, 2009 - Page 11
18. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 8:32 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield