HomeMy WebLinkAbout10/07/09_CC_AGENDA_PACKET
y BAKERSFIELD CITY COUNCIL
• AGENDA
MEETING OF OCTOBER 7, 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 Hayward Cox, Church of God.
3. PLEDGE OF ALLEGIANCE by Lily St. Laurent, 5th Grade Student at Munsey Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates of Appreciation to City Recreation and
Parks employees: Alberto Mendoza, Ansermio "A.J." Estrada, Eric-Ty Torres, Rudy
Castro, Bill Patterson and Greg Muro, who went beyond the scope of their duties in
attempting to save and saving lives of Bakersfield citizens in distress.
b. Presentation by Mayor Hall of Proclamation to Independent Living Center of Kern
County representatives declaring October, 2009 as White Cane Awareness Month
and October 10, 2009 as White Cane Awareness Day.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 23, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from September 11, 2009 to September 24, 2009
in the amount of $14,883,878.27 and self-insurance payments from September 11,
2009 to September 24, 2009 in the amount of $415,723.44.
8. CONSENT CALENDAR continued
Ordinances:
C. First Reading of the following Ordinances:
1. Amending Section 8.32.060 relating to refuse/solid waste/recycling.
2. Amending Section 12.16.140 relating to security requirements for construction
in streets.
3. Amending Section 12.56.050 relating to prohibited acts in parks.
4. Amending Sections 16.16.060 & 16.20.060 relating to public hearing notice.
5. Amending Section 16.16.080 relating to extension of Tentative Map approval.
6. Amending Section 16.28.170 and adding Section 17.04.395 relating to flag lots.
7. Amending Section 17.04.595 relating to street frontage.
8. Amending Sections 17.06.010, 17.06.020 & 17.06.050 relating to zoning maps.
9. Amending Section 17.08.140 relating to design standards for large retail
developments.
10. Amending Sections 17.30.020 & 17.30.030 relating to uses permitted in
manufacturing zones.
11. Amending Section 17.60.060 & 17.60.070 relating to sign development
standards and electronic message displays.
12. Amending Section 17.61.030 relating to minimum landscape standards.
(Ward 1, 2) d. Adoption of Ordinances amending the Redevelopment Plans to extend certain time
limits on the effectiveness of the Plans for the Old Town Kern-Pioneer Redevelopment
Project and the Southeast Bakersfield Redevelopment Project, and the time to pay
indebtedness and receive tax increments. (FR 09/23/09)
(Ward 2) e. Adoption of Ordinance amending the Redevelopment Plan for the Downtown
Bakersfield Redevelopment Project to extend certain time limits on the effectiveness
and the time to pay indebtedness and receive tax increment. (FR 09/23/09)
(Ward 1,3,4,7) f. Adoption of Ordinance amending Municipal Code Section 1.12.010, 1.12.030,
1. 12.040 and 1. 12.070 by adding Annexation No. 598 consisting of 30.26 acres
located along the north side of Casa Loma Drive, east of Cottonwood Road to Ward
1; Annexation No. 571 consisting of 20.09 acres located along the south side of
Pioneer Drive, east of Vineland Road to Ward 3; Annexation No. 593 consisting of
15.72 acres located on the north and south side of Kimberly Avenue, between
Coffee Road and Patton Way and Annexation No. 603 consisting of 77.31 acres
located along the south side of Seventh Standard Road, west of Calloway Drive,
east of the Friant Kern Canal to Ward 4, and Annexation No. 600 consisting of 66.14
acres located along the west side of South H Street, north and south of Taft Highway
to Ward 7. (FR 09/23/09)
2 City Council Meeting of 10/07/2009
8. CONSENT CALENDAR continued
(Ward 5) g. Adoption of Ordinance approving Negative Declaration and amending the Official
Zoning Map in Title 17 of the Municipal Code by changing the zone district from
C-O/PCD (Professional and Administrative Office/Planned Commercial
Development) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit
Development) on 22.46 acres located at the northwest corner of Gosford Road and
Berkshire Road (future alignment). (ZC 09-0258) (Applicant: Smith Tech USA,
Inc. /Property Owner: Fairway Oaks South L.P.) (FR 09/09/09)
(Ward 4)* h. Adoption of Ordinance approving Negative Declaration and amending the Official
Zoning Map in Title 17 of the Municipal Code by changing the zone district from E
(Estate), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-2
(Regional Commercial) to C-O/PCD (Professional and Administrative Office/Planned
Commercial Development) and C-2/PCD (Regional Commercial/Planned
Commercial Development) on 25.03 acres located at the northeast corner of
Rosedale Highway (SR-58) and Verdugo Lane. (ZC 09-0023) (Luis Hinojosa, Designed
Images) (FR 09/09/09)
Resolutions:
i. Resolution determining that bidding for City radio communications equipment
cannot be reasonably obtained through the usual bidding procedures due to the
need to integrate into the existing City radio infrastructure and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $125,000.
(Ward 13) j. Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving the Public Works
Director's Report.
1. ROI No. 1645 to add territory, Area 4-94 (3300 N. Sillect Avenue).
2. ROI No. 1646 to add territory, Area 5-58 (2410 O Street).
Agreements:
k. Agreement with Bank of America for banking services.
(Ward 1) I. Agreement with Bakersfield Senior Center, Inc. ($85,000 - CDBG funds) for
operational expenses at 530 4th Street.
(Ward 6) M. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Contract Change Order No. 8 to Agreement No. 07-302 with Kiewit Pacific
Corp. ($798,000; revised not to exceed $217,354,492) for project.
2. Transfer $798,000 contingency established for the Wastewater Treatment Plant
No. 3 Expansion Project to the Public Works Department Capital Improvement
Budget.
' - upon annexation
3 City Council Meeting of 10/07/2009
8. CONSENT CALENDAR continued
(Ward 3) n. Amendments to Landscape Agreements
1. Amendment No. 2 to Agreement No. 06-121 with K. Hovnanian's Four Seasons
at Bakersfield, LLC for Tract 6444 - Phase 1 located north of Panorama Drive
and east of Vineland Road.
2. Amendment No. 2 to Agreement No. 06-318 with K. Hovnanian's Four Seasons
at Bakersfield, LLC for Tract 6444 - Phase 2 located north of Panorama Drive
and east of Vineland Road.
3. Amendment No. 2 to Agreement No. 06-225 with K. Hovnanian's @ Rosemary
Lantana, LLC for Tract 6498 - Phase 1 located at the intersection of Panorama
Drive and Masterson Street.
4. Amendment No. 2 to Agreement No. 07-126 with Regent Land Investment,
LLC (owner) and K. Hovnanian @ Rosemary Lantana, LLC, (Developer) for
Tract 6498 - Phase 1 located at the intersection of Panorama Drive and
Masterson Street.
(Ward 6) o. Contract Change Order No. 2 to Agreement No. 09-041 with Granite Construction
Co. ($37,345.04; revised not to exceed $1,719,940.04) for the Street Improvements
along White Lane - Dovewood Street to Wible Road Project.
(Ward 6) p. Contract Change Order No. 1 to Agreement No. 09-063 with Griffith Co. ($225,760.22;
revised not to exceed $2,561,755.22) for the Pavement Reconstruction on White Lane
- Gosford Road to Ashe Road FY 08/09 Project.
(Ward 2) q. Contract Change Order Nos. 2, 3 & 4 to Agreement No. 09-031 with Elite
Landscaping ($110,217.25; revised not to exceed $4,114,001.25 for the Mill Creek
Linear Park - Phases 2, 4, 5A & 5B Project.
Bids:
(Ward 3) r. Accept bid and award contract to Parsam Construction, Inc. ($1,200,000) for the
construction of wall improvements on Paladino Drive, Vineland Road and Panorama
Drive.
Miscellaneous:
S. Appropriate $589,000 Federal Grant Revenues (DUI Enforcement Grant from the
State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund
overtime for traffic enforcement strategies and to purchase checkpoint supplies
and services for the Traffic Division.
t. Appropriate $16,200 seized asset revenues to the Capital improvement Budget
within the Supplemental Law Enforcement Fund to complete the purchase of a
bomb response vehicle.
U. Appropriate and transfer $150,000 Sewer Enterprise fund Balance to the Public Works
Department Operating Budget within the Equipment Management Fund to
purchase two biosolids hauling trailers and to retrofit one truck.
4 City Council Meeting of 10/07/2009
S. CONSENT CALENDAR continued
(Ward 6) v. Additional Regular Positions required as part of the Wastewater Treatment Plant
No. 3 Expansion Project:
1. Authorize one Wastewater Mechanic, one Electrical Technician II, three
Wastewater Operators and one Heavy Duty Equipment Operator.
2. Appropriate $212,500 Sewer Enterprise Fund balance to the Public Works
Department Operating Budget to approve six months of funding for six
positions in FY 09/10.
(city Wide) W. Department of Housing & Urban Development (HUD), Community Development
Block Grant and HOME Investment Partnership Action Plan Amendment No. 1
(FY 09/10), Amendment No. 7 (FY 08/09) and Amendment No. 6 (FY07/08), to provide
funding for an expanded rehabilitation project at the Bakersfield Senior Center, fund
new playground equipment in Central Park, fund the Senior Home Access program,
expand the description for the use of the funds allocated for the Friendship House
and reclassify surplus down payment assistance funds that were previously reserved
for the Cottages and Baker Street Homebuyer assistance to provide funds for
construction assistance to Baker Street for new rental housing.
Staff recommends adoption of Consent Calendar items 8.a. through 8. w.
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for the following cases:
1. Aboelghar, Magdy, et al v. City, et al - KCSC Case No. S-1500-CV-262272-WDP
2. Dow Chemical Co., et al v. Cal Water & City - San Mateo County Superior Court
Case No. CIV 470999.
b. Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant
to subdivision (c) of Government Code Section 54956.9. (One potential case)
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR HEARINGS
12. HEARINGS
(Ward 4-7) a. Public Hearing to consider Resolution setting Domestic Water Availability Fee for
Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System.
Staff recommends adoption of resolution.
13. REPORTS
a. Status of Thomas Roads Improvement Program (TRIP) and Road Resurfacing/
Rehabilitation Projects.
b. Update regarding American Recovery and Reinvestment Act (ARRA) /Neighborhood
Stabilization Program (NSP) Projects.
5 City Council Meeting of 10/07/2009
14. DEFERRED BUSINESS
15. NEW BUSINESS
a. 2010 Health Care Agreements:
I . Amendment No. 1 to Agreement No. 08-162 with Anthem Blue Cross for
indemnity health insurance.
2. Amendment No. 1 to Agreement No. 08-163 with Anthem Blue Cross HMO for
medical insurance.
3. Amendment No. 1 to Agreement No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance.
4. Amendment No. 5 to Agreement No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical insurance.
5. Amendment No. 5 to Agreement No. 05-418 with Kaiser Permanente -
Managed Care Health Plans for medical insurance for retirees.
6. Amendment No. 4 to Agreement No. 05-419 with Medical Eye Services (MES)
for vision insurance.
7. Amendment No. 4 to Agreement No. 05-420 with Pacific Union Dental for pre-
paid dental insurance.
8. Agreement with Metropolitan Life Insurance Co. for fee for service dental
services.
9. Amendment No. 4 to Agreement No. 05-422 with PacifiCare Behavioral Health
of California for Employee Assistance Program (EAP).
10. Amendment No. 4 to Agreement No. 05-423 with PacifiCare Behavioral health
of California for emotional health care insurance.
11. Amendment No. 3 to Agreement No. 06-337 with Fort Dearborn Life Insurance
Co. for employee life insurance.
12. Amendment No. 2 to Agreement No. 08-019 with HealthComp, Inc. for
employee un-reimbursed medical expenses and dependent care expenses
under IRS Section 125.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
~ Alan Tandy
City Manager
9/30/2009 4:11 PM
6 City Council Meeting of 10/07/2009
AGENDA HIGHLIGHTS
October 7, 2009 COUNCIL MEETING
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REGULAR MEETING - 5.15 m
CONSENT CALENDAR
Ordinances
Item 8c. First Reading of Various Ordinances About once a year, various Departments throughout
the City request minor changes to the Municipal Code. In general, these changes are requested to
make a section read better, to reflect current practice or to correct typographical errors. This item
includes a list of ordinances that are being modified In this manner.
Agreements
Item 8k. Agreement with Bank of America for Banking Services Typically the City reviews Its banking
services every five to seven years. In April of 2009 the Treasury Division put out a Request for Proposal
for banking services, which was sent to thirteen (13) banks with locations in the City limits. Six (6)
banks submitted proposals and after a thorough evaluation, Bank of America was selected as a
provider of these services. It is anticipated that this agreement would remain in place for a period of
five (5) years, but the City can re-evaluate banking services sooner if needed.
Item 8m. Wastewater Treatment Plant No 3 - 2007 Expansion Protect This Item approves a change
order, in the amount of $798,000 with a revised total not to exceed $217,354,492, to an Agreement
with Kiewit Pacific Corporation for the expansion and upgrade of Wastewater Treatment Plant No. 3.
This change order is for items that were outside the scope of the original contract, generally resulting
from unknown site conditions or required design revisions due to various reasons. A contingency was
established for this project to cover such costs and this item includes a transfer of funds from the
contingency fund to the Public Works Department's Capital Improvement Budget.
Item 8p. Contract Change Order to an Agreement with Griffith Co. for the Pavement Reconstruction
on White Lane - Gosford Road to Ashe Road Protect in the amount of $225,760.22; revised total not to
exceed $2,561,755.22. This change order will extend the project limits to include the complete
reconstruction of the intersection at White Lane and Gosford Road and to increase the thickness of
the new paving to add additional strength to the roadway. This is made possible due to the savings
realized from the lower than expected bids on the project.
Item 8q. Contract Change Orders to an Agreement with Elite Landscabina for the Mill Creek Linear
Park Protect in the amount of $110,217.25; revised total not to exceed $4,114,001.25. The majority of
the cost associated with these change orders is for the installation of a wrought iron fence on the
property line between the Parkview Cottages and the Mill Creek Linear Park. In addition to the
installation of this fence, the change orders include minor changes to the irrigation system that will
aid future maintenance and repair work.
Bids
Item 8r. Acceot Bid and Award Contract to Parsam Construction Inc. for the Construction of Wall
Improvements on Paladino Drive, Vineland Road, and Panorama Drive in the amount of $1,200,000.
This project is located within the City in the Hills development and consists of the construction of
several sections of block wall along the above mentioned roadways. This project is funded through
proceeds generated from an Assessment District established in City In the Hills to fund various public
improvements including these block walls. Parsam Construction was the lowest acceptable bid
received for this project.
Miscellaneous
Item 8v. Approval of Additional Regular Positions Required Due to the Wastewater Treatment Plant
No. 3 Expansion Protect The expansion of Wastewater Treatment Plant No. 3, which doubles the
capacity of the plant, will require additional staff for operation and maintenance. This Item approves
six (6) additional regular positions to cover the needs of the plant as the expansion project nears
completion.
CLOSED SESSION
There will be a conference with legal counsel regarding two (2) cases of existing litigation and one
(1) item of potential litigation.
HEARINGS
Item 120. Public Hearina to Consider a Resolution Settina the Domestic Water Availability Fee for
Ashe. Fairhaven and Riverlakes Ranch Service areas of the City Water System This Public Hearing is
set for the Council to consider an increase to the current Water Availability Fee, which is charged to
ensure water will be available for new development. The Current fee is $5,200 per acre and the
proposed new fee is $5,450 per acre, effective January 1, 2010. This Increase Is to offset cost
Increases over the past year in accordance with the construction cost index. This fee has not been
adjusted since January 1, 2008.
REPORTS
Staff will be providing two reports to the Council. The first is to provide an update on the Thomas
Roads Improvement Program (TRIP) and the City's Road resurfacing/Rehabilitation projects. The
second report will focus on the City's American Recovery and Reinvestment Act (ARRA) and
Neighborhood Stabilization Program (NSP) projects.
NEW BUSINESS
Item 15a. 2010 Health Care Agreements. The City's contracts for health Insurance are up for renewal
for the 2010 plan year. This item includes approval of the renewal rates which were negotiated by
the City's health care consultants. Through the efforts of the Segal Company, the 2010 renewal rates
have resulted in a $260,000 cost savings to the City with no or minimal plan changes. It is important to
note that these agreements are with the City's existing health care plans, the Issue of the Riverside
Exclusive Care Select plan, which Is being considered for the City's retirees, is not before the Council
at this time.
Approved: cc, Department Heads
Alan Tandy, City Manager City Manager's File
City Clerk's File
News Media File
Agenda Highlights - October 7, 2009 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
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MEETING DATE: October 7, 2009 AGENDA SECTION: Presentations
ITEM: L4. a .
TO: Honorable Mayor and City Council P VED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: September 25, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Presentation by Mayor Hall of Certificates of Appreciation to City Recreation and Parks
employees Alberto Mendoza, Ansermio "A.J." Estrada, Eric-Ty Torres, Rudy Castro, Bill
Patterson and Greg Muro, who went beyond the scope of their duties in attempting to save,
and saving lives of Bakersfield citizens in distress
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: October 7, 2009 AGENDA SECTION: Presentations
ITEM: L4. gyp,
TO: Honorable Mayor and City Council P ED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: September 25, 2009 CITY ATTORNEY D
CITY MANAGER ,65
SUBJECT: Presentation by Mayor Hall of Proclamation to Independent Living Center of Kern County
representatives declaring October, 2009 White Cane Awareness Month and October 10,
2009 as White Cane Awareness Day.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD /f L
DATE: September 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the September 23, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: , b
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from September 11, 2009 to September 24, 2009 in the
amount of $14,883,878.27 and Self Insurance payments from September 11, 2009 to
September 24, 2009 in the amount of $415,723.44.
RECOMMENDATION:
Staff recommends approval of payments totaling $15,299,601.71.
BACKGROUND:
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September 24, 2009, 5:02PM
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U ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,C,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: September 23, 2009 CITY ATTORNEY X
CITY MANAGER
SUBJECT: 1. First Reading of Ordinance Amending Section 8.32.060 Relating to Refuse/Solid
Waste/Recycling.
2. First Reading of Ordinance Amending Section 12.16.140 Relating to Security
Requirements for Construction Work in Streets.
3. First Reading of Ordinance Amending Section 12.56.050 Relating to Prohibited
Acts in Parks.
4. First Reading of Ordinance Amending Sections 16.16.060 and 16.20.060 Relating
to Public Hearing Notice.
5. First Reading_ of Ordinance Amending Section 16.16.080 Relating to Extension of
Tentative Map Approval.
6. First Reading of Ordinance Amending Section 16.28.170 and Adding Section
17,04.395 Relating to Flag Lots.
7. First Reading of Ordinance Amending Section 17.04,595 Relating to Street
Frontage.
8. First Reading of Ordinance Amending Sections 17.06.010, 17.06.020 and
17.06.050 Relating to Zoning Maps.
9. First Reading of Ordinance Amending Section 17.08.140 Relating to Design
Standards for Large Retail Developments.
10. First Reading of Ordinance Amending Sections 17.30.020 and 17.30.030 Relating
to Uses Permitted in Manufacturing Zones.
11. First Reading of Ordinance Amending Sections 17.60.060 and 17.60.070 Relating
to Sign Development Standards and Electronic Message Displays.
12. First Reading of Ordinance Amending Section 17.61.030 Relating to Minimum
Landscape Standards.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
BACKGROUND:
About once a year, various Departments throughout the City request changes to the
Bakersfield Municipal Code which 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.
The following is a list of ordinances that are being recommended by Staff for changes:
September 23, 2009, 2:13PM
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ADMINISTRATIVE REPORT
1. BMC Section 8.32.060, This amendment modifies the list of dwelling units for which
refuse billings can be added to property taxes by adding fourplexes and for a change to three
months advance billing.
2. BMC Section 12.16.140. This amendment adds additional areas exempt from
security requirements to reflect current practice.
3. BMC Section 12.56.050. The amendment to subsection E clarifies that animal feces
is included along with other garbage and rubbish that must be picked up in parks. Also added
was subsection H, regarding the prohibition of feeding wildlife and waterfowl at the parks.
4. BMC Sections 16.16.060 and 16.20.060. The amendment to Section 16.16.060
corrects the citation to a related code section which was stated incorrectly in the past. The
amendment to Section 16.20,060 adds text needed to accurately reflect the Planning Land
Division Supplemental Application, and the existing requirements for a subdivision applicant to
notify mineral rights holders, and lessees of record who have not waived their rights to surface
access. These are the same notification requirements for subsequent sections of BMC sections
16.20.060 A.3 and A.4 when other options are chosen by an applicant. In addition, the language
added at the end of section B is needed for cross-reference of an approved Administrative
Policy of May 10, 2006.
5. BMC Section 16.16.080. The amendment to subsection B puts this section in
compliance with the State's adoption of SB 1185 on July 15, 2008 which extends the dates for
eligible maps, The amendment to subsection E is to update the cost requirement as stated in
Section 66452.6(a)(2) of the 2009 Subdivision Map Act.
6. BMC Sections 16.28.170 and 17.04.395. These amendments provide a clear
definition for a "flag lot" design, and reflect that definition in the existing section (16.28.170 E. Flag
Lots.) of the Code.
7. BMC Section 17.04.595. This amendment clarifies "street frontage" by removing
some extraneous language.
8. BMC Sections 17.06.010, 17.06.020, and 17.06.050. The amendment to Sections
17.06.010 and 17.06.020 clarifies what is defined as the official zoning map and removes
reference to City Clerk since they do not update or keep these maps. The amendment to
Section 17.06.050 updates the table to show all current zoning districts and their correct titles (this
section was not simultaneously updated when these zone districts were added/modified).
9. BMC Section 17.08.140. The amendment to section C reflects current procedure.
The intent of this section requires facades to only be broken up with the listed elements and not
have to repeat. These changes clarify that intent. The amendment to section E keeps all internal
sidewalk widths consistent with city standards (the minimum required city sidewalk width is 6 feet)
since they are usually linked together. Different minimum widths create inconsistent pedestrian
ways with awkward transitions along a street. Meandering perimeter sidewalks will be consistent
with previous Council approvals for new centers.
10. BMC Sections 17.30.020 and 17.30.030. This amendment allows change required in
implementing the Housing Element and state law that requires one zone to allow this use by right
as a permitted use.
September 23, 2009, 2:13PM
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ADMINISTRATIVE REPORT
11, BMC Sections 17.60.060 and 17,60.070. The amendment to section 17.60.060 allows
the maximum wall sign height in the C-O zone to be consistent with signs in all other commercial
and industrial zones. This was overlooked in the last update. The amendment to section
17,60,070 reflects and clarifies current practice that no more than two overall signs along a street
frontage in a shopping center can include an electronic message display.
12. BMC Section 17.61.030, This amendment clarifies this is a minimum requirement for
percentage of evergreen trees, Current practice permits a center to have more than 30% of its
parking lot trees as an evergreen variety.
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September 23, 2009, 2:13PM
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ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: , c{
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~0
DATE: September 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinances amending the Redevelopment Plans to extend certain time limits on
the effectiveness of the Plans and the time to pay indebtedness and receive tax increment.
(Wards 1 & 2) (First reading 9/23/09)
1. Old Town Kern-Pioneer Redevelopment Project
2. Southeast Bakersfield Redevelopment Project.
RECOMMENDATION:
Staff recommends adoption of the ordinances.
BACKGROUND:
First reading of these ordinances was given September 23, 2009.
This agenda item to extend certain time limits for the Old Town and Southeast Redevelopment Project
Areas is similar to an item under Consent Hearings for the Downtown project area. However, the rules
governing newer project areas like Old Town Kern-Pioneer and Southeast Bakersfield do not require a
public hearing, unlike the item for Downtown. Therefore, these items need to be considered separately.
When a Redevelopment Agency is required to make a payment into its county's Educational Revenue
Augmentation Fund (ERAF) for fiscal year 2003-04, California Community Redevelopment Law (CRL)
allows redevelopment plans to be amended to extend by one year the time limit on the repayment of
indebtedness and the time to receive tax increment and repay indebtedness.
Because the Bakersfield Redevelopment Agency made payments to the County of Kern ERAF pursuant to
the relevant sections of the CRL during fiscal years 2003-04, both the Old Town Kern-Pioneer and
Southeast Bakersfield plans can each be amended to allow a one year extension on the time limit on the
effectiveness and the time to receive tax increment and repay indebtedness upon the making of certain
findings.
The Bakersfield Redevelopment Agency adopted a resolution on September 14, 2009 desiring the
redevelopment plans to be amended and requesting the Council to do so. In that resolution, the Agency
also requested the Council to restate certain financing limits adopted by prior ordinances in the
Redevelopment Plan.
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By adopting this ordinance the Council makes certain findings, extends the effectiveness and amends the
Redevelopment Plans for the Old Town Kern-Pioneer and Southeast Bakersfield projects, respectively.
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ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 FAGE
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ECTION: Consent Calendar
:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA I-,nf`-
DATE: September 25, 2009 CITY ATTORNEY t/(!;-
CITY MANAGERS _
SUBJECT: Adoption of ordinance amending the Redevelopment Plan for the Downtown Bakersfield
Redevelopment Project to extend certain time limits on the effectiveness and the time to pay
indebtedness and receive tax increment. (Ward 2) (First reading 9/23109)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given September 23, 2007.
This item for the downtown redevelopment project area is similar to the item on the agenda for Old Town
Kern and Southeast under the Consent Calendar. However, because the rules governing older project
areas like Downtown required a public hearing for its first reading, this item needed to be considered
separately.
When a Redevelopment Agency is required to make a payment into its county's Educational Revenue
Augmentation Fund (ERAF) for fiscal year 2003-04, California Community Redevelopment Law (CRL)
allows redevelopment plans to be amended to extend by one year the time limit on the repayment of
indebtedness and the time to receive tax increment and repay indebtedness. The rules governing older
redevelopment project areas like the Downtown project area require a public hearing.
CRL also provides that when an Agency is required to make an ERAF payment during fiscal years 2004-
05 and/or 2005-06, the time limit of a plan's limit of effectiveness and the time limit on the repayment of
indebtedness and receipt of tax increment funds can be extended. This is contingent upon the time limit
for the effectiveness of a redevelopment plan being either,
(t) ten years or less from the last day of the fiscal year in which a payment is made, or
(2) greater than ten and less than 20 years from the last day of the fiscal year in which a payment
is made, upon the making of certain findings.
Because the Bakersfield Redevelopment Agency made payments to the County of Kern ERAF pursuant to
the relevant sections of the CRL during fiscal years 2003-04, 2004-05, and 2005-06, the Downtown plan
can be amended by increasing by three years the limits on effectiveness and the time to pay indebtedness
and receive tax increment for the original area and each of the added areas of the plan.
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ADMINISTRATIVE REPORT Page 2
The Bakersfield Redevelopment Agency adopted a resolution on September 14, 2009 desiring the
redevelopment plan to be amended and requesting the Council to do so. In that resolution, the Agency
also requested the Council to restate certain financing limits adopted by prior ordinances in the
Redevelopment Plan.
By adopting this ordinance the Council makes certain findings, extends the effectiveness of the Downtown
Redevelopment Plan, and amends the Redevelopment Plan for the Downtown Bakersfield project.
The public hearing for the first reading was duly published as required by law and copies of the notices
were mailed to each taxing entity that receives taxes from property with the Downtown Project Area.
S:\Admins\City Council\City Council Admins 2009\Ordinance Downtown ERAF 2d reading.docx
9/25/20098:53 AM
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ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: 0,-e.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: September 25, 2009 CITY ATTORNEY
CITY MANAGER- _
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections §1.12.010,
§1.12.030, §1.12.040 and §1.12.070 by adding Annexation No. 598 consisting of 30.26
acres, located along the north side of Casa Loma Drive, east of Cottonwood Road to
Ward 1, Annexation No. 571 consisting of 20.09 acres, located along the south side of
Pioneer Drive, east of Vineland Road to Ward 3, Annexation Nos. 593 consisting of
15.72 acres, located on the north and south side of Kimberly Avenue, between Coffee
Road and Patton Way and Annexation No. 603 consisting of 77.31 acres, located along
the south side of Seventh Standard Road, west of Calloway Drive, east of the Friant
Kern Canal to Ward 4, and Annexation No. 600 consisting of 66.14 acres, located along
the west side of South H Street, north and south of Taft Highway to Ward 7. (Wards 1,
3, 4 and 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on September 23, 2009.
This ordinance amends the ward boundaries to include Annexations 598, 571, 593, 603 and 600 into
the corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 598 is located along the north side of Casa Loma Drive, east of Cottonwood Road. The
annexation territory consists of 30.26 acres of undeveloped land. The property owners requested
annexation for the development of industrial uses and to receive city services. This area will be
included into Ward 1.
Annexation No. 571 is located along the south side of Pioneer Drive, east of Vineland Road. The
annexation territory consists of 20.09 acres of undeveloped land. The property owner requested
annexation for residential development and to receive city services. This area will be included into
Ward 3.
Annexation No. 593 (known as Kimberly No. 1) is an inhabited annexation consisting of 15.72 acres
located on the north and south side of Kimberly Avenue, between Coffee Road and Patton Way. The
City of Bakersfield held a special municipal election on June 16, 2009 for the annexation territory.
Results of the special municipal election indicated that the majority of voters residing in the annexation
territory wanted to be annexed to the City of Bakersfield. Election results were declared at the June 24,
S:\Dana\ADMINS\2009\Oct\10-7-598, 571, 593, 603 & 600 Ann.doc
ADMINISTRATIVE REPORT Page 2
2009 LAFCO meeting. Following that meeting, LAFCO issued a Resolution Making Determination
(Resolution No. 08-65) ordering the annexation into the City of Bakersfield. This area will be included
into Ward 4.
Annexation No. 603 is located along the south side of Seventh Standard Road, west of Calloway Drive,
east of the Friant Kern Canal. The annexation territory consists of 77.31 acres of undeveloped land.
The property owner requested annexation for development of commercial and residential uses and to
receive city services. This area will be included into Ward 4.
Annexation No. 600 is located along the west side of South H Street, north and south of Taft Highway.
The annexation territory consists of 66.14 acres of land. The property owner requested annexation to
receive city services. This area will be included into Ward 7.
A
ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: September 14, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the Official
Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district
from C-O/PCD (Professional and Administrative Office/Planned Commercial
Development Zone) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit
Development Zone) on 22.46 acres, located at the northwest corner of Gosford Road
and Berkshire Road (future alignment). (ZC 09-0258 - Smith Tech USA, Inc.,
representing Fairway Oaks South L.P., the property owner). (Ward 5).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on September 9, 2009.
The proposal would allow for the development of office commercial uses on the 22.46 acre project
site. This site was initially zoned for multiple family uses in 2005 when a larger area was annexed
into the city. In 2007, the present commercial office zoning was approved. The applicant now
desires to return the zoning to its previous multiple family residential designation.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on June 18, 2009. No individuals or agencies were present at the
hearing and the applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 22,
2009, in accordance with CEQA. Notice was also given to the industrial owners in the vicinity of the
project site.
WSAGPA 2nd 200MM25MAdmin SR%Adm Rpt 2 _ 09-0256.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 J AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD- llifj--
DATE: September 11, 2009 CITY ATTORNEY p~
CITY MANAGER ,C~.~
SUBJECT: Adoption of ordinance approving a Negative Declaration and amending the Official
Zoning Map in Title 17 of the Municipal Code by changing the zone district from E
(Estate), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), and C-2
(Regional Commercial) to C-O/PCD (Professional and Administrative Office/Planned
Commercial Development) and C-2/PCD (Regional Commercial/Planned Commercial
Development) zones on 25.03 acres, located at the northeast corner of Rosedale
Highway (SR-58) and Verdugo Lane. (ZC 09-0023 - Luis Hinojosa, Designed Images)
(Ward 4 upon annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on September 9, 2009.
This project site is located at the northeast corner of Rosedale Highway (State Route 58) and
Verdugo Lane. The applicant is requesting a zone change from R-1 (One Family Dwelling), R-2 (Low
Multiple Family Dwelling) and C-2 (Regional Commercial) to C-O/PCD (Professional and
Administration Office/Planned Commercial Development) and C-2/PCD (Regional
Commercial/Planned Commercial Development) zones on 25.03 acres. The project also includes
annexation into the City.
The project site consists of 16 separate parcels. The proposal would allow for the development of a
52,000 square foot office commercial complex in the northern 6.9 acres, and 177,000 square feet of
retail commercial development in the remaining 18.7 acres. The proposal also includes a P.C.D.
(Planned Commercial Development) overlay. A preliminary development plan is not being proposed
at this time.
The Planning Commission conducted a public hearing on this zone change on June 18, 2009, and
recommended approval to the City Council. The applicant agreed to all conditions and mitigation for
the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on May 11,
2009 in accordance with CEQA.
DL:S:IGPA 2nd 2009109-00231Adm SMAdmin Report 09-0023 2nd Reading.dx
~ A
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ADMINISTRATIVE REPORT
c 1
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: , j
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 21, 2009 CITY ATTORNEY
CITY MANAGER ~W
SUBJECT: Resolution determining that bidding for City radio communications equipment cannot be
reasonably obtained through the usual bidding procedures because of the need to integrate
into the existing City radio infrastructure and authorizing the Finance Director to dispense
with bidding therefore, not to exceed $125,000.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The Federal Communication Commission (FCC) has mandated that as of December
31, 2012, all radio licensees in those bands below 512 MHz operate their radio channels in the new
narrowband configuration of 12.5 KHz bandwidth. Police, Fire, Public Works, and Water radio channels
fall within that spectrum.
The existing Motorola radio infrastructure equipment was purchased and installed between 1988 and 1996
and is not capable of the narrowband operation mandated by the FCC. All City mobile, portable, and base
station radios must be compatible with Motorola infrastructure equipment.
Radio equipment for the Police and Fire Departments is being purchased at this time.
Sufficient funds are budgeted to purchase this equipment.
G:\GROUPDAT\ADMINRPT\2009\10-07\Radio Comm Equip.doc
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O~ ~wsox.
tz~ ADMINISTRATIVE REPORT
LIFO
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: ed.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
4, /7
DATE: September 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance District and
preliminarily adopting, confirming and approving the Public Works Director's Reports:
1. ROI No. 1645 to add territory, Area 4-94 (3300 N. Sillect Avenue). (Ward 3)
2. ROI No. 1646 to add territory, Area 5-58 (2410 O Street). (Ward 1)
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. These areas will be under the park and streetscape zones of benefit
and will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at the next
City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
Ps
G:\GROUPDAT\HDMINRPT\2009\10-07\ROI 1645 & 1646 MD 4-94 & 5-58 admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: C,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: September 10, 2009 CITY ATTORNEY
CITY MANAGER
I
SUBJECT: Banking Services Agreement with Bank of America
RECOMMENDATION: Staff recommends approval of Banking Services Agreement with Bank of
America.
BACKGROUND: In accordance with the California Municipal Treasurers Association's best
practices the City has historically reviewed banking services every five to seven years. The
Treasury Division prepared a Request for Proposal (RFP) for banking services with twelve
evaluation criteria in April 2009. The RFP described the City's banking service needs and
account volumes and provided an opportunity for the local banking industry to provide their
costs for services and to make suggestions for improving our banking procedures. The RFP was
sent to thirteen banks having locations within the city limits.
Banks interested in submitting a proposal were required to attend a pre-proposal conference.
Six banks attended the conference: Bank of America, Bank of the West, Chase Bank, Citizens
Business Bank, Rabobank, and Union Bank. All six banks submitted proposals.
As stated in the RFP, there would to be multiple criteria to evaluate the proposals, with specific
emphasis placed on costs for services and public sector experience. The City solicited the
assistance of an independent party from the Kern County Treasurers Office to assist in the
review and scoring of the RFP submittals. The City Treasurers office also did an analysis and
then the two independent scorings were combined to arrive at cumulative results.
After reviewing each of the proposals the bank with the highest overall rating was Bank of
America followed closely by Union Bank. Both banks had the most experience with
governmental accounts with cities the size of Bakersfield and their fee structures were the most
competitive of the proposals. While all of the banks who submitted were deemed capable of
providing banking services to our city, Bank of America was rated as the best overall selection.
Staff recommends award of a contract for banking services to Bank of America. It is
contemplated that this agreement would remain in place for a period of five years. The City
can of course re-evaluate banking services sooner if needed.
klhj..
ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: September 18, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Agreement with Bakersfield Senior Center, Inc. for $85,000 of Community
Development Block Grant funds for operational expenses at 530 0 Street.
(Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors of Bakersfield for
well more than 25 years. Its mission is to encourage older adults to participate in a variety of
volunteer activities and programs so they remain an integral part of the community. In addition,
BSC continues to provide many services through the center to ensure the health and welfare of
the seniors.
The City has provided Community Development Block Grant (CDBG) funds to BSC since 2002
due to a continued reduction in donations which impacts the center's operations.
In the Fiscal Year 2009/10 Action Plan process, CDBG funding for BSC was budgeted in the
amount of $85,000. The allowable expenses include employee salaries and benefits,
professional fees, facility operational costs such as office supplies, utilities, maintenance, and
food and supplies for serving congregant meals on site.
With this agreement, we will implement a streamlined invoicing process. Our goal is to provide
BSC with a detailed written procedure that will reduce the time its. staff will spend on preparing
claims for payment. We will hold a workshop in mid-November to provide guidance to BSC and
other agencies receiving 2009/10 funding. This new process will help these agencies be more
efficient and reduce the time it takes for City staff to process claims.
S:\Admins\City Council\City Council Admins 2009\BSC 09-10 Admin.doc
9/18/2009 10:39 AM
BAKEn
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ADMINISTRATIVE REPORT
C~~
`
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,rye ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director - DEPARTMENT HEAD''`- -
DATE: September 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 8 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($798,000; for a revised not to exceed amount of $217,354,492).
2. Transfer $798,000 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.
The detailed descriptions of each change order item are summarized in the attached Change Order.
Change Order No. 8 provides for the negotiated resolution for these items. In general, the reasons for
the change order are either unknown site conditions or required design revisions due to various reasons.
Since the contractor's original bid did not provide for these items as shown in the attachment, a change
order is required. The City and Construction Manager determined that these claims have merit.
This is the eighth change order to be submitted for this project. This change order will increase the
contract by $798,000. Cumulative change orders to date total $6,333,492 (which is an increase of
3.00% of the original contract amount) as illustrated below:
• Original Contract Amount = $211,021,000.00
• Amended Contract Agreement after Change Orders = $217,354,492.00
Net Increase to date = $6,333,492.00
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action.
GAGR0UPDAT\ADMINRPT\2009\10-07\000 8 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
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ADMINISTRATIVE REPORT
9L/ o
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
LDATE: September 29, 2009 CITY ATTORNEY r
CITY MANAGER i
°J
SUBJECT: Amendments to Landscape Agreements (Ward 3):
1. Amendment No. 2 to Landscape Agreement No. 06-121 with K. Hovnanian's
Four Seasons at Bakersfield, LLC for Tract 6444 Phase 1 located north of
Panorama Drive and east of Vineland Road.
2. Amendment No. 2 to Landscape Agreement No. 06-318 with K. Hovnanian's
Four Seasons at Bakersfield, LLC for Tract 6444 Phase 2 located north of
Panorama Drive and east of Vineland Road.
3. Amendment No. 2 to Landscape Agreement No. 06-225 with K. Hovnanian @
Rosemary Lantana, LLC for Tract 6498 Phase 1 located on the intersection of
Panorama Drive and Masterson Street.
4. Amendment No. 2 to Landscape Agreement No. 07-126 with Regent Land
Investment, LLC, "OWNER" and K. Hovnanian @ Rosemary Lantana, LLC,
"DEVELOPER" for Tract 6498 Phase 1 located on the intersection of Panorama
Drive and Masterson Street.
RECOMMENDATION: Staff Recommends approval of Amendments.
BACKGROUND: The Landscape Agreements are entered into to secure the improvements required
for the Subdivision on or adjacent to the property being subdivided.
NOTE: THE AMENDMENTS TO THE
IMPROVEMENT AGREEMENTS
ARE ON FILE WITH THE CITY CLERK'S
OFFICE FOR REVIEW.
dha
September 29, 2009, 11:46AM
C:\DOCUME--1\glorenzi\LOCALS-1\Temp\XPgrpwise\K Hov LS T6444 & T6498_1.doc
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8 , 0.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEADY. -
DATE: September 23, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 2 to Agreement No. 09-041 with Granite Construction
Company ($37,345.04, for a revised not to exceed amount of $1,719,940.04) for the
project known as Street Improvements Along White Lane - Dovewood Street to
Wible Road (Ward 6).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the installation of parking pockets and the reconstruction of
White Lane from Dovewood Street to Wible Road.
During the course of construction, several areas of wet unstable subgrade were discovered. These areas
need to be excavated and filled with asphalt concrete grindings in order to provide a stable foundation for
the new asphalt pavement. The contractor has agreed to stabilize these areas for the lump sum of
$15,577.53
During the excavation operation, the grinder used for excavating the asphalt concrete surface hit a
manhole that was below the existing paved surface causing damage to the grinder. The contractor has
agreed to accept a lump sum of $1,686.78 for loss of production and repair of the grinder.
The original plan called for leaving the existing asphalt paving in place next to the median island on White
Lane to prevent damage to the median curb. After further examination, it was determined that this asphalt
paving strip can be removed without damaging the median curb using a small grinding machine. The
contractor has agreed to do this work for the lump sum of $9,106.33.
Several contract item quantities had to be either increased or decreased in order to construct this project
per the plans and specifications. These increases and decreases in quantity will result in a net cost
increase of $10,974.40.
The net cost increase of Change Order No. 20 is $37,345.04. The change orders to date on this project
reflect a total cost increase of $240,070.04 (which is an increase of 16.2% of the original contract amount)
as illustrated below:
• Original Contract Amount = $1,479,870.00
• Amended Contract Agreement after Change Orders = $1,719,940.04
Net Increase to date = $ 240,070.04
RM (Construction)
September 23, 2009, 1:10PM
G:\GR0UPDAT\ADMINRPT\2009\10-07\CCO 2 White Ln - Dovewood to Wible.doc
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ADMINISTRATIVE REPORT
~ `WU,Rra~
LIFO
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO: Honorable Mayor and City Council ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
v
DATE: September 23, 2009 CITY ATTORNEY
CITY MANAGER ~GJ
SUBJECT: Contract Change Order No. 1 to Agreement No. 09-063 with Griffith Company
($225,760.22, for a revised not to exceed amount of $2,561,755.22) for the project
known as Pavement Reconstruction on White Lane Gosford Road to Ashe Road -
FFY 2008/2009 (Ward 6).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the reconstruction of White Lane from Gosford Road to Ashe
Road.
This change order provides for increasing the thickness of the new paving section from 12 inches thick to
13 inches thick. This additional pavement thickness will strengthen the structural section of the street
thereby increasing the life of the roadway. This change order also provides for extending the project limits
to include the complete reconstruction of the intersection of White Lane and Gosford Road. The
contractor has agreed to perform this additional work for $225,760.22. Funding for this change order is
available due to lower than expected bids on this project.
This is the first change order to be submitted for this project. This change order will increase the project
total by $225,760.22 (which results in a 9.7% increase of the original contract amount) as illustrated below:
• Original Contract Amount = $2,335,995.00
• Amended Contract Agreement after Change Orders = $2,561,755.22
Net Increase to date = $ 225,760.22
RM (Construction)
September 23. 2009, 2:42PM
G:\GROUPDATWDMINRPT\2009\10-07\000 1 White Ln - Gosford to Ashe.doc
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ADMINISTRATIVE REPORT
y
9 IF0
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: 0.
TO: Honorable Mayor and City Council APPROVED
d
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 23„ 2009 CITY ATTORNEY per.
CITY MANAGER
SUBJECT: Contract Change Order Nos. 2 through 4 to Agreement No. 09-031 with Elite
Landscaping ($110,217.25; for a revised not to exceed amount of $4,114,001.25) for
the project known as Mill Creek Linear Park Phases 2, 4, 5A, and 5B. (Ward 2)
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the installation and construction of planters, hardscape,
landscape, lighting, and park amenities for the Mill Creek Linear Park.
Change Orders 2 and 3 provide for the installation of gate valves on the water main feeding irrigation
system for the park area between 21st Street and Golden State Avenue and the park area between 17th
Street and 19th Street. These valves are needed in order to isolate different parts of the irrigation system
in case of a break in the water main. These valves will allow repair and maintenance of any water line
problems without having to shut the water off to the entire park. The contractor has agreed to install these
valves for the lump sum price of $4,400.00 (total of Change Orders 2 and 3).
The wrought iron fence on the property line between the Park Cottages and Mill Creek Linear Park was
originally to be installed as part of the Park Cottages project; however, the original funding for the fence is
no longer available. Although the Park Cottages funding is not longer available, there are sufficient funds
in the Mill Creek project for construction of this necessary fence line. The contractor has agreed to install
this wrought iron fence (complete with foundations, brick pilasters, and access gates) for the lump sum
price of 105,817.25.
The net cost increase of Change Orders 2 through 4 is $110,217.25. The change orders to date on this
project reflect a total cost increase of $115,117.25 (which is an increase of 2.9% of the original contract
amount) as illustrated below:
• Original Contract Amount = $3,998,884.00
• Amended Contract Agreement after Change Orders = $4,114,001.25
Net Increase to date = $ 115,117.25
September 23, 2009, 12:53PM
G:\GROUPDAT ADMINRPT\2009\10-07\CCOs 2-4 Mill Creek Park Amenities.doc
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ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ ,
TO: Honorable Mayor and City Council COVED
FROM: Raul M. Rojas - Public Works Director DEPARTMENT HEAD
DATE: September 30, 2009 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept bid and award contract to Parsam Construction, Inc. ($1,200,000.00) for the
construction of Wall Improvements on Paladino Drive, Vineland Road, and Panorama
Drive. (Ward 3)
RECOMMENDATION: Staff recommends acceptance of low responsive bid and award of contract.
BACKGROUND: The Developer for the City in the Hills defaulted on their construction project.
Therefore, the City executed bonds to complete the wall construction projects on Paladino Drive, Vineland
Road, and Panorama Drive.
The project is funded through the developer bonds. The Engineer's Estimate was $1,411,000. There are
sufficient funds in the project account for this project.
On September 24, 2009, a total of eight bids were received; five of those bids are acceptable. Three bids
were either incomplete or failed to comply with all the bidding requirements. Those acceptable bids are as
follows:
Parsam Construction, Inc.
3334 Barnes Circle
Glendale, CA 91208 in the amount of $1,200,000.00
John Madonna Construction, Inc.
12165 Los Osos Valley Rd.
San Luis Obispo, CA 93405 in the amount of $1,278,642.80
REYCON Construction, Inc.
1795 Lemonwood Dr.
Santa Paula, CA 933060 in the amount of $1,364,881.04
Granstorm Construction
179 Niblick Rd. #230
Paso Robles, CA 93446 in the amount of $1,426,423.00
R. Burke Corporation
865 Capitolio Way
San Luis Obispo, CA 93401 in the amount of $1,608,998.50
(PW-TMA)
(KEA621)
September 30, 2009, 1:31 PM
G:\GROUPDATWDMINRPT\2009\10-07\ Wall Improvements - Paladin Drive, Vineland Road, Panorama Drive.doc
B A
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U P ° ADMINISTRATIVE REPORT
9~ F
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: Qj .
TO: Honorable Mayor and City Council APPROVED
FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD
DATE: September 29, 2009 CITY ATTORNEY L~
CITY MANAGER
SUBJECT: Appropriate $589,000.00 Federal Grant Revenues (DUI Enforcement Grant from the State
Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for
traffic enforcement strategies and to purchase checkpoint supplies and services for the
Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $589,000.00 from the State Office of Traffic Safety
(O.T.S.) for the DUI Enforcement and Awareness Program.
The purpose of the DUI grant is to reduce the persons killed and injured in alcohol involved crashes by
funding overtime to conduct "best practice" enforcement strategies. The grant period is one year. The
grant also provides funding for the purchase of checkpoint supplies and checkpoint related services. The
funded strategies, supplies and services include:
• DUI/Driver's License Check Points
• DUI Saturation Patrols
• The "A Life Interrupted" Program
• Development of a "Hot Sheet" to notify patrol and traffic officers to be on the lookout for identified
repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions.
• Warrant sweeps, stakeouts and court "stings" to focus on DUI offenders with suspended or
revoked driver licenses who get behind the wheel after leaving court.
• Voluntary compliance with traffic laws by generating publicity throughout the grant period.
• Travel Expenditures for OTS Training
• Phlebotomist and Breathalyzer services at DUI checkpoints
• Checkpoint supplies
• Educational Materials
P.\BPD\ADMIN RPTS\ADMIN RPTS FY 09-10\ADMIN RPT - (09-23-08) 2009 OTS ALCOHOL GRANT (AL1009).doc
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ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD
DATE: September 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $16,200.00 seized asset revenues to the capital improvement budget within the
Supplemental Law Enforcement Fund to complete the purchase of a bomb response vehicle.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
On June 11, 2008, the City Council adopted Resolution 088-08 authorizing the purchase of a bomb
response vehicle from Braun Northwest, Inc. for an amount not to exceed $285,000.00. Half of this
purchase was funded with 2006-08 S.L.E.S.F. funds ($143,645.00), with the balance coming from asset
forfeiture funds. The price for the outfitted bomb vehicle was estimated to cost between $245,000.00 and
$285,000.00, plus tax, depending on the optional equipment selected. The purchase order (PO#85548)
was issued to Braun Northwest, Inc., to begin the design/build stage of production for the bomb vehicle.
This purchase order encumbered $265,481.29.
The design / build process is now completed, and the final purchase price is $281,675.43. The difference
between the purchase order and the final purchase price is $16,200.00, and will be covered by asset
forfeiture funds. The final breakdown of financing for this project is as follows: $143,645.00 S.L.E.S.F.
and $138,030.43 Asset Forfeiture funds.
BA E
Q~~,gV0.4 ~S1
ADMINISTRATIVE REPORT
1F0
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM: , U ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD`
DATE: September 21, 2009 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Appropriate and transfer $150,000 Sewer Enterprise Fund Balance to the Public Works
Department's Operating Budget within the Equipment Management Fund to purchase two
biosolids hauling trailers and to retrofit one truck.
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND: Currently, biosolids generated at Wastewater Treatment Plant No. 3 are solar dried in
18 acres of sludge drying beds. These beds are adjacent to Ashe Road just south of McCutchen Road.
These drying beds are sometimes an odor nuisance and, during times of hauling, also a dust nuisance.
An outside hauling company currently hauls the sludge from the sludge drying beds to the City farm. The
current price is $15.75 per ton, with 6,000 tons hauled annually. This equates to an annual expense of
$95,000.
With development edging closer to these sludge drying beds, the Wastewater Treatment Plant No. 3
Expansion Project will permanently remove these sludge drying beds from service. A modern, odor free,
and enclosed sludge dewatering facility will replace the 18 acres of sludge drying beds. The transfer from
the solar dried sludge to the new dewatering facility will occur in January 2010. This new sludge
dewatering facility will dry the sludge via centrifuges. The dewatered sludge will contain more water;
therefore, the tonnage of sludge to be hauled to the City farm will increase. Staff projects the sludge to be
hauled to increase from 6,000 tons per year to 26,000 tons per year. Based upon current hauling prices,
the annual cost will go from $95,000 to $410,000. Staff investigated various options to determine a more
cost effective solution to haul the dewatered sludge from Plant 3 to the City farm.
Option 1 - Continue multi-year contract with a sludge hauler: The current per ton price to haul sludge
is $15.75 as noted earlier in this Administrative Report. With 26,000 tons of sludge required to be hauled,
this means that the projected annual cost would be close to $410,000. Staff contacted various hauling
services to determine if the per ton pricing would decrease with the increase in tonnage to be hauled.
Based upon staff's research, the informal quotes ranged from $11.25 per ton to $18.25 per ton.
Therefore, 26,000 tons would cost approximately $293,000 to $475,000.
Option 2 - Contract with composting company to haul sludge to their composting facility: Staff
contacted a local composting company to obtain a price for this firm to haul the 26,000 tons of dewatered
tpm
September 22, 2009, 4:19PM
GAGROUPDATIADMINRM2009\10-07\Admin Report for sludge hauling truck Review rm.doc
ADMINISTRATIVE REPORT
sludge to their facility to be used as compost. Staff obtained a price of $18 per ton. Therefore, 26,000 tons
would cost approximately $468,000.
Option 3 - City staff performs hauling services: This would require a one-time $150,000 investment in
equipment to allow city staff to haul the 26,000 tons of dewatered sludge to the City farm. Two new
trailers would have to be purchased and one truck would have to be retrofitted to allow the truck to be
used for towing the trailers. In addition, one heavy equipment operation position would be required to
perform the hauling services and to operate the dewatering facility. The annual costs for staffing and
operational / maintenance costs for the equipment would be approximately $100,000 per year. Therefore,
the per ton price of hauling 26,000 tons would be $3.85. This is far less than the per ton pricing noted
under Options 1 and 2. The one-time equipment cost would be recouped in the first year.
Staff recommends Option 3 as the most cost effective alternative. Staff recommends the purchase of two
new trailers, retrofitting of one truck, and the addition of one Heavy Equipment Operator position which
would allow for the City to haul the dewatered sludge to the City farm. Projected annual operating costs
under Option 1 range would range from $293,000 to $475,000. Projected annual operating costs under
Option 2 would be $468,000. Projected annual operating costs under Option 3 would be $100,000 per
year. These costs are included in the annual sewer user rate which is billed to property owners and
businesses.
This Administrative Report appropriates the funds required to purchase the two new trailers and to retrofit
an existing truck in the City's fleet. The additional position, a Heavy Equipment Operator, needed to
implement this program will be addressed in a separate Administrative Report in tonight's agenda.
tpm
September 22, 2009, 4:19PM
G:\GROUPDATIADMINRPT\2009\10-07Wdmin Report for sludge hauling truck Review rm.doc
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ADMINISTRATIVE REPORT
C Baer tl
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MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD -
DATE: September 21, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Additional Regular Positions Required as Part of the Wastewater Treatment Plant No. 3
Expansion Project (Ward 6):
1. Authorize one Wastewater Mechanic, One Electrical Technician II, Three Wastewater
Operators, and one Heavy Equipment Operator.
2. Appropriate $212,500 Sewer Enterprise Fund balance to the Public Works
Department's Operating Budget to provide six months of funding for these six positions
in Fiscal Year 2009/10.
RECOMMENDATION: Staff recommends approval of six additional regular positions required as
part of the Wastewater Treatment Plant No. 3 Expansion Project. Staff also
recommends approval of appropriation.
BACKGROUND: The Wastewater Treatment Plant No. 3 Expansion Project will double the treatment
capacity the Plant can process. The capacity will go from 16 million gallons per day (mgd) to 32 mgds. In
addition, this $200 Million project will double the amount of equipment, both electrical and mechanical, to
be maintained by staff. This Administrative Report discusses the need for additional staffing directly
attributable to this Expansion Project.
Currently; ten employees support operations at Treatment Plant 3. These ten employees include: one
Supervisor II, six Wastewater Operators, one Wastewater Plant Mechanic, one Electrical Technician II,
and one Wastewater Treatment Plant Lab Technician. Of these ten employees, nine are assigned the
Monday through Friday 7 am to 3:30 pm shift. One employee is assigned an eight hour shift on the
weekends and holidays. This means that for 16 hours per day the Plant is not staffed, but is monitored by
a computer Supervisory Control and Data Acquisition (SCADA) system with numerous alarms, and by an
alarm monitoring company. In the event of an emergency, the alarm monitoring company will inform City
staff who then attends to the emergency. Because of the increase in both electrical and mechanical
equipment resulting from the Expansion project, two 8 hour shifts will be required every day of the week.
The remaining eight hours of each day will still be monitored by the alarm company. In order to
accommodate two daily 8 hour shifts, five additional positions will be needed. These five positions
include: one Wastewater Mechanic, one Electrical Technician II, and three Wastewater Operators.
GAGROUPDATIADMINRPT\2009\10-07Wdministration Report Wastewater Plant 3 Staffing Review rm_2.doc
ADMINISTRATIVE REPORT
In addition to these five positions, staff recommends authorizing a Heavy Equipment Operator to haul
sludge from Plant 3 to the City farm. In a separate Administrative Report on tonight's agenda, staff
provided background as to the savings the City will realize if the City provided its own sludge hauling
services rather than contracting out this task. In order for the City to haul the sludge, one additional Heavy
Equipment Operator will be needed.
The following table illustrates the additional staffing needs based upon the start-up time for major
components of the Expansion Project:
PLANT STARTUP PHASE 1, JULY 2009: COMMENTS: In July 2009, a second and
New secondary treatment and associated third shift was created with existing staff
equipment working overtime to cover the additional shifts.
ADDITIONAL STAFF: Two Wastewater
Operators and one Wastewater Mechanic is
required to add an additional eight hour shift
ear round.
PLANT STARTUP PHASE 2, SEPTEMBER ADDITIONAL STAFF: One Wastewater
2009: Headworks and septage/grease Operator to operate septage/grease receiving
receiving station station and to provide additional help for plant
operations and maintenance.
PLANT STARTUP PHASE 3, OCTOBER COMMENTS: No additional staffing needed, if
2009: Tertiary Treated Water the prior three Wastewater Operators required
for the start-up of Phases 1 and 2 are
authorized.
PLANT STARTUP PHASE 4, DECEMBER ADDITIONAL STAFF: One Heavy Equipment
2009: Sludge dewatering (centrifuges), Operator to haul the sludge and to operate the
biofilter 2 sludge dewatering facility.
PLANT STARTUP PHASE 5, FEBRUARY ADDITIONAL STAFF: One Electrical
2010: Cogeneration system Technician will maintain cogeneration facility
and future 1 mega-waft solar power facility.
PLANT STARTUP PHASE 6, MARCH 2010: COMMENTS: Completion of expansion
Biofilter 1 and converted primary clarifiers project. No additional staffing required if prior
positions authorized.
The projected annual costs for the six new position requests total $425,000.
Attached is the Technical Memorandum prepared by Parsons (design engineer for the Plant 3 Expansion
Project) that addresses future staffing needs for Treatment Plant 3. Staff has made slight deviations from
Parsons' Technical Memorandum based upon historical operating experiences.
Staff recommends that the six regular positions be added to the personnel complement for Plant 3
operations. Staff also recommends that $212,500 be appropriated to fund these six positions for six
months in the current fiscal year.
GAGR0UPDAT\ADMINRPT\2009\10-07Wdministration Report Wastewater Plant 3 Staffing Review rm_2.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA c J
DATE: September 29, 2009 CITY ATTORNEY Q,.
CITY MANAGER ~W
SUBJECT: Department of Housing & Urban Development (HUD), Community Development Block
Grant and HOME Investment Partnership Action Plan Amendment No. 1 (FY 09/10),
Amendment No. 7 (FY 08/09), and Amendment No. 6 (FY 07/08) to provide funding for an
expanded rehabilitation project at the Bakersfield Senior Center, fund new playground
equipment in Central Park, fund the Senior Home Access program, expand the description
for the use of the funds allocated for the Friendship House and reclassify surplus down
payment assistance funds that were previously reserved for the Cottages and Baker Street
Homebuyer assistance to provide funds for construction assistance to Baker Street for new
rental housing.
(Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME
annual plan must undergo an amendment process which includes obtaining citizen views and comments
on the proposed change for a period of 30 days. A notice was published on September 3, 2009
requesting comments and to date no comments have been received. Funding amendments must be
identified by the proper HUD funding year and the associated project that is being impacted. The following
community projects are being added or they are previously approved projects that require additional
funding due to an expanded scope of work. The funding has been identified from savings from previously
completed or cancelled CDBG and HOME projects.
Staff is proposing the following amendments to CDBG and HOME activities:
FY 09/10 - CDBG and HOME - Amendment No. 1
1) CDBG - Expand scope of project - Bakersfield Senior Center Kitchen and Facility Remodel in the
amount of $20,000 to rehabilitate dilapidated restroom and kitchen and replace appliances at the
Bakersfield Senior Center located at 530 4 h Street. The scope of the new kitchen project has been
expanded to include flooring in an adjacent dining area and the restroom improvements. This
amendment amount will provide a total budget of $100,000 for this project.
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9129/2009 1:11 PM
ADMINISTRATIVE REPORT Page 2
2) CDBG - Create new project - Central Park Playground in the amount of $240,000 to remove and
replace children's playground equipment and safety surfacing due to age and condition of
equipment and provide ADA accessibility at Central Park located between 19'h and 21 s` streets at R
Street. Significant improvements have been completed in Central Park under the Mill Creek plan
and funded through the (Bank loan secured by the Redevelopment Agency leaving no additional
funds from the (Bank source for these needed improvements. The funding is available from
administration savings identified from the previous fiscal year.
3) HOME- Create Home Access Grant Program in the amount of $50,000 to offer grants up to $3,500
for handicap accessibility in privately or publicly owned residential structures in neighborhoods city-
wide. This program received an unusual demand late in 2008/09 fiscal year and ran out of funding
at the end of the prior year after the budget was prepared. It is being refunded from prior year
savings of HOME funds.
4) HOME - Reduce and Reallocate Housing Urban Bakersfield down payment assistance in the
amount of $595,000 that offered 0% loans up to $100,000 for down payment and closing costs
assistance to help low income buyers purchase a new home in Downtown, Southeast Bakersfield
and Old-Town Kern Pioneer Project Areas. These funds were reserved for a down payment
program for Baker Street and the Cottages and are being reallocated to provide necessary
construction assistance to Baker Street Phase 1.
FY08/09 - HOME - Amendment No. 7
5) HOME - Reduce and reallocate Housing Urban Bakersfield down payment assistance in the
amount of $562,779 that offered 0% loans up to $100,000 for down payment and closing costs
assistance to help low-income buyers purchase a new home in Downtown, Southeast Bakersfield
and Old-Town Kern Pioneer Project Areas. These funds were reserved for a down payment
program for Baker Street and the Cottages and are being reallocated to provide necessary
construction assistance to Baker Street Phase 1.
6) HOME - Add New Construction Assistance in the amount of $1,401,619 for housing development
assistance for costs associated with the construction of affordable rental housing on Baker Street.
FY 07/08-CDBG and HOME - Amendment No. 6
7) CDBG - Change Scope of Work - Community Action Partnership of Kern - Friendship House for
construction and predevelopment related soft costs including but not limited to engineering design,
and permits for the construction of the youth center and to improve outdoor sports complex
including perimeter fence, expansion of basketball courts, refurbish softball field at community
center located at 2424 Cottonwood Road. This action will provide more spending flexibility to
Community Action Partnership of Kern to help jump start the Friendship House project.
8) HOME - Reduce Housing Urban Bakersfield down payment assistance in the amount of $243,840
that offered 0% loans up to $100,000 for downpayment and closing costs assistance to help low-
income buyers purchase a home in Downtown, Southeast Bakersfield and Old -Town Kern Pioneer
Project Areas. These funds were reserved for a down payment program for Baker Street and the
Cottages and are being reallocated to provide necessary construction assistance to Baker Street
Phase 1.
S:\Admins\City Council\City Council Admins 2009\action plan amendment 100709.doc
9/29/20091:11 PM
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ADMINISTRATIVE REPORT
CALF uI
MEETING DATE: October 7, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Y.`
DATE: September 21, 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).
• Aboelghar, Magdy, et al v. City of Bakersfield, et al
KCSC Case No. S- 1 500-CV-262272-WDP
• Dow Chemical Co., et a1 v. Cal Water & City
San Mateo County Superior Court Case No. CIV 470999
VGAsc
SACOUNCIL\CI Sess\Admins\09-10\10-7-09ExistLit.doc
T o4
° ADMINISTRATIVE REPORT
C , a
MEETING DATE: October 7, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 06
DATE: September 30, 2009 CITY ATTORNEY 1/d
CITY MANAGER &
SUBJECT: Conference with Legal Counsel - Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code section
54956.9
One (1) potential case.
VG:Isc
SACOUNCIUCI Sess\Admins\09-10\10-7-09InitLit.doc
COWONA ll
ADMINISTRATIVE REPORT
r,
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MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar Hearings
ITEM: 12. a .
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD 44010
DATE: September 28, 2009 CITY ATTORNEY O
CITY MANAGER )e
SUBJECT: Public hearing to consider a Resolution setting Domestic Water Availability Fee for Ashe,
Fairhaven and Riverlakes Ranch service areas of City of Bakersfield Water System.
(Portions of Wards No. 4, 5, 6 & 7)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: California Government Code Section 66016 requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. It also requires a local
agency to hold at least one open and public meeting regarding the increase. A public hearing to accept
testimony regarding the fee increase is scheduled to be held before the Council of the City of Bakersfield
on Wednesday, October 7, 2009. A notice of public hearing on the proposed increase in the domestic
Water Availability Fee on the City of Bakersfield Domestic Water System was published twice in the local
general circulation newspaper on September 22nd and September 27th. As of September 28, 2009, the
City Clerk and or Water Resources Department have received 0 letters protesting or commenting on
the fee increase.
The current Water Availability Fee charged to ensure water will be available for new development (cost of
funding water well construction, purchase of land for recharge facilities, etc.) is $5,200 per acre. The per
acre fee is approximately equivalent to an increase in the one-time charge of $75 on a single family
dwelling. The new Water Availability Fee is to be set at $5,450 per acre to offset increased cost over last
year in accordance with the construction cost index as defined in the Bakersfield Municipal Code. The new
fee will increase 4.8% and is proposed to be effective January 1, 2010. The fee has not been adjusted
since January 1, 2008.
This item was presented at the Water Board meeting on August 12, 2009 and staff is forwarding the
resolution to the City Council for approval.
SA2009 ADMIN REPORMOct7availFeeinc.doc
BAKE
ADMINISTRATIVE REPORT
ell
cg1IFO
MEETING DATE: October 7, 2009 AGENDA SECTION: Report
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD...
DATE: September 25, 2009 CITY ATTORNE
CITY MANAGER
SUBJECT: Status of Thomas Roads Improvement Program (TRIP) and Road Resurfacing/Rehabilitation
Projects (Various Wards).
Staff will provide a brief update on the TRIP as well as on the various road resurfacing and rehabilitation
projects currently underway.
September 25, 2009, 10:25AM
G:\GROUPDAT\ADMINRPT\2009\10-07\Status of TRIP and road resurfacing admin.doc
AK
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ADMINISTRATIVE REPORT
~,r
IF0
MEETING DATE: October 7, 2009 AGENDA SECTION: Reports
ITEM: (3 , h ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: September 29, 2009 CITY ATTORNEY ~(s
a
CITY MANAGER a
SUBJECT: Update Report Regarding ARRA / NSP Projects.
BACKGROUND:
Staff from the City Manager's Office and the Economic and Community Development
Department will be providing an update regarding both the City's American Recovery and
Reinvestment Act (ARRA) and Neighborhood Stabilization Program (NSP) projects.
September 29, 2009, 3:42PM
s:\Steve Teglia\Economic Stimulus Info\ARRA_NSP update admin 10_7_09 mtg.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: October 7, 2009 AGENDA SECTION: NEW BUSINESS
ITEM: 16.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Javier Lozano, Human Resources Manager ~C . DEPARTMENT HEAD
DATE: September 23, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: 2010 HEALTH CARE CONTRACTS
RECOMMENDATION:
Staff recommends approval of these contracts.
1. Amendment 1 to Agreement 08-162 with Anthem Blue Cross for Indemnity Health
Insurance.
2. Amendment 1 to Agreement 08-163 with Anthem Blue Cross HMO for Medical
Insurance.
3. Amendment 1 to Agreement 08-164 with Anthem Blue Cross Senior Secure for
Medical Insurance.
4. Amendment 5 to Agreement 05-417 with Kaiser Permanente - Managed Care
Health Plans for Medical Insurance.
5. Amendment 5 to Agreement 05-418 with Kaiser Permanente - Managed Care
Health Plans for Medical Insurance for Retirees.
6. Amendment 4 to Agreement 05-419 with Medical Eye Services (MES) for Vision
Insurance.
7. Amendment 4 to Agreement 05-420 with Pacific Union Dental for pre-paid Dental
Insurance.
8. Agreement with Metropolitan Life Insurance Co for fee for service Dental Services.
9. Amendment No. 4 to Agreement No. 05-422 with PacifiCare Behavioral Health of
California for Employee Assistance Program (EAP).
10. Amendment No. 4 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for Emotional Health Care Insurance.
11 Amendment No. 3 to Agreement No. 06-337 with Fort Dearborn Life Insurance
Company for employee life insurance.
12. Amendment No. 2 to Agreement No. 08-019 with HealthComp, Inc. for any
employee un-reimbursed Medical expenses and Dependent Care expenses under
the IRS Section 125.
ADMINISTRATIVE REPORT
BACKGROUND:
The City's contracts for health insurance are up for renewal for the plan year of 2010. Our health care
consultants, The Segal Company, were directed to make every effort to maintain or reduce premium
cost with no or minimal plan changes. The Segal Company worked diligently with the various vendors
to achieve the most favorable renewal rates for 2010. Their efforts have resulted in a $260,000 cost
savings to the City. This savings is also a result of the replacement of Anthem Blue Cross dental with
a similar plan through MetLife and a new prepaid dental plan offered through Pacific Union Dental will
replace the current Dedicated Dental Services plan resulting in a 12.5% cost reduction.
The following are the result of The Segal Company's negotiations with these providers.
Anthem Blue Cross
- Active PPO Plan -0.9%
- Active HMO Plan -4.8%
- Retiree PPO Plan 22.6%
- Retiree HMO Plan 41.5%
- Retiree Medicare Risk Plan 42.4.%
Kaiser Permanente
- Active 9.6%
- Retiree 2.3%
- Retiree Medicare Risk Plan 3.2%
Pacific Union Dental
Current plan -Imperial 1000 - Active -5.1%
Fort Dearborn Life (City paid life insurance) -28.6%
No increases for 2010 for the following plans
- Medical Eye Services 0.0%
- PacifiCare Behavioral Health 0.0%
- HealthComp Inc. - IRS Section 125 0.0%
Both the employee Insurance Committee and the Council Personnel Committee have reviewed these
proposals and have recommended approval. As noted above the affordability of health care for the
City's retirees continues to be an important issue. The City has a great concern with the substantial
increases in retiree medical premium costs over the past few years. In order to ensure the ongoing
availability, quality and affordability of retiree health insurance plans, the City working with Segal and
the Insurance Committee has identified a retiree medical program that is administered by the County
of Riverside named the Exclusive Care Select plan (ECS). Based on the recommendation from both
the Insurance and Personnel Committees, staff has been moving forward to get more specific contract
details and provider information finalized. Human Resources will continue to provide information about
the plan design and premiums to retirees via several forms of communication, including meetings with
representatives. This plan is not before you at this time but based on further review the staff intents to
bring this item before you at a later time.
BA E~
o ~CoaruR,r,c s~ BAKERSFIELD CITY COUNCIL
MINUTES
LL~ MEETING OF SEPTEMBER 23, 2009
WRY I
IF O
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,
Hanson, Sullivan (seated at 5:20 p.m.)
Absent: Councilmember Couch
2. INVOCATION by Councilmember Carson
3. PLEDGE OF ALLEGIANCE by Adrian Herrera, 3rd Grade
Student at Ronald Reagan Elementary School.
Mayor Hall recognized the Bakersfield College
Political Science Class and the Ridgeview High
School Government Class in attendance at the
meeting to learn about City Government.
4. PUBLIC STATEMENTS
a. Arthur Unger, with the Kern-Kaweah Chapter of
the Sierra Club spoke in support of all projects
being required to use solar voltaic generators
on the roofs of buildings, and provided a written
statement.
Councilmember Benham referred Mr. Unger's
recommendation to the Planning and
Development Committee.
b. Terri Palmquist spoke regarding the parking
restrictions at 25," and H streets, and the
upcoming "40 Days for Life Campaign".
C. Tim Palmquist spoke regarding public street use
for the event to be held September 23rd
through November 1 It.
Bakersfield, California, September 23, 2009 - Page 2
4. PUBLIC STATEMENTS continued ACTION TAKEN
Councilmember Sullivan stated that it is the
responsibility of the Council to treat everyone
fairly and to have a policy that is consistent,
and there is a policy in place regarding the
parking immediately in front of a business,
which is to allow the business to determine the
time of parking in front of their own business;
and she asked the City Manager to briefly
explain this policy.
City Manager Tandy explained there is a City
policy in place of allowing the business whose
property is immediately adjacent to the parking
to determine what the time of the parking
should be, as long as that business is willing to
pay for any signage changes that may occur.
d. Tim Taylor, a former employee of the City of
Bakersfield, spoke regarding the upcoming
change in the retiree health plan, and
expressed his concerns regarding the
information contained in the new plan.
In response to a question from Councilmember
Benham, City Manager Tandy explained that
staff is in the process of preparing a mailer for
all retirees in response to a large volume of
e-mails received, and setting up meetings with
any who are interested to brief them, which
include either the consultant and/or the
proposed service provider, although some of
the specifics are still in negotiation,
e. Ralph Wenzinger, former City employee, spoke
regarding retiree medical changes, and read
an e-mail from Councilmember Hanson in
response to his concerns.
f. Marvin Dean, representing the Southeast
Bakersfield Redevelopment Oversight Group,
spoke in support of Consent Calendar items 8.c.
and 8.o., and regarding bringing some
proposals back to the City Council at a later
date about the Green the Block Movement.
Bakersfield, California, September 23, 2009 - Page 3
5. WORKSHOPS ACTION TAKEN
a. Convention & Visitors Bureau Update.
Economic Development Director Kunz
introduced Convention & Visitors Bureau
Manager Don Cohen, who made a
presentation regarding the Bureau's operations
and accomplishments, then introduced
Marketing & Events Specialist Chris Huot, who
made a presentation about the Bureau's "Visit
Bakersfield" website.
Councilmember Sullivan expressed her
appreciation for the presentations.
Mayor Hall commended staff for doing an
exceptional job in presenting the Bureau in a
positive manner.
6. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Judi McCarthy, Chairman of the Board, Kern
Community Foundation and Fred Drew,
President & CEO, Kern Community Foundation,
honoring the 10'" Anniversary of the Kern
Community Foundation.
Ms. McCarthy and Mr. Drew accepted the
Proclamation and made comments.
b. Presentation by Mayor Hall of Proclamation to
Links for Life representatives declaring October,
2009 Paint the Town Pink Month.
Jennifer Henry accepted the Proclamation,
introduced staff, volunteers and survivors
present; and made comments.
7. APPOINTMENTS
None.
Bakersfield, California, September 23, 2009 - Page 4
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the September 9, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from August ABS WEIR
28, 2009 to September 10, 2009 in the amount
of $28,902,915.04 and self-insurance payments
from August 28, 2009 to September 10, 2009 in
the amount of $107,621.75.
Ordinances:
C. First Reading of Ordinances amending the FR
Redevelopment Plans to extend certain time
limits on the effectiveness of the Plans for the
Old Town Kern-Pioneer Redevelopment Project
and the Southeast Bakersfield Redevelopment
Project, and the time to pay indebtedness and
receive tax increments.
d. First Reading of Ordinance amending Municipal FR
Code Sections 1.12.010, 1.12.030, 1.12.040 and
1. 12.070 by adding Annexation No. 598
consisting of 30.26 acres located along the
north side of Casa Loma Drive, east of
Cottonwood Road to Ward 1; Annexation
No. 571 consisting of 20.09 acres located along
the south side of Pioneer Drive, east of Vineland
Road to Ward 3; Annexation No. 593 consisting
of 15.72 acres located on the north and south
side of Kimberly Avenue, between Coffee Road
and Patton Way and Annexation No. 603
consisting of 77.31 acres located along the
south side of Seventh Standard Road, west of
Calloway Drive, east of the Friant Kern Canal to
Ward 4, and Annexation No. 600 consisting of
66.14 acres located along the west side of
South H Street, north and south of Taft Highway
to Ward 7.
Bakersfield, California, September 23, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance approving a Negative ORD 4587
Declaration and amending Title 17 (Zone Map
No. 101-13) of the Municipal Code by changing
the zoning from A (Agriculture) to M-1 (Light
Manufacturing) and M-2 (General
Manufacturing) on 8.7 acres generally located
at the southwest corner of Hageman Road and
Allen Road, east of the A.T. & S.F. Railroad
tracks. (ZC 09-0303) (Applicant: Marino and
Associates/ Property Owner: Hageman Road
Property Inc.) (FR 09/09/09)
f. Adoption of Ordinance partially upholding an ORD 4588
appeal and amending Title 17 (Zone Map
Nos. 103-01 & 104-06) of the Municipal Code by
changing the zoning from R-1, R-1-HD,
R-S-1 OA-HD to OS-HD on 297.10 acres, R-1-HD on
508.57 acres, R-2-HD on 46.68 acres, R-2-HD on
28.18 acres and C-2-HD on 8.15 acres for a total
of 888.68 acres generally located south of Hart
Memorial Park; Alfred Harrell Highway bounds
the site on the west, north and east sides.
(ZC 03-0337) (The Canyons Project) (FR 09/09/09)
Resolutions:
g. Resolution adopting a City Council Policy for RES 106-09
Environmentally Preferable Purchasing (EPP).
h. Resolution amending the official list of RES 107-09
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
i. Resolution confirming approval by the Assistant RES 108-09
City Manager of the Chief Code Enforcement
Officer's report regarding assessments of
certain properties in the City for which
structures have been secured against entry or
for the abatement of certain weeds, debris and
waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
Bakersfield, California, September 23, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
j. Resolution of Application proposing annexation RES 109-09
of uninhabited territory to the City of
Bakersfield identified as Annexation No. 520
consisting of 31.53 net acres located at the
southwest corner of Gosford Road and
McCutchen Road.
k. Resolutions adding territory known as Area 2-41 RES 110-09
(McDonald Way, Ming Ave NW) and Area 4-93 RES 111-09
(2730 Mall View Road) to the Consolidated
Maintenance District, confirming the
assessments, approving the Public Works
Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
Agreements:
1. Roadway improvements on Buena Vista Road
from the Union Pacific Railroad's Buttonwillow
Branch to the intersection of White Lane.
1. Reimbursement Agreement with Castle AGR 09-123
& Cooke California, Inc. (not to exceed
$329,174.00) for project.
2. Transportation Impact Fee Agreement AGR 09-124
with Castle & Cooke California, Inc. (not
to exceed $150,000.00) for project.
M. Agreement with AEG Cycling, LLC to host a AGR 09-125
Stage Finish of the 2010 Amegen Tour of
California.
n. Homelessness Prevention Services and Rapid REMOVED FOR
Re-Housing Services (ARRA): SEPARATE
CONSIDERATION
1. Agreement with Bethany
Services/ Bakersfield Homeless Center
(not to exceed $680,164) to provide
Homelessness Prevention Services.
2. Agreement with Bethany
Services/Bakersfield Homeless Center
(not to exceed $680,164) to provide
Rapid Re-Housing Services.
Bakersfield, California, September 23, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
o. Agreement with Bakersfield Redevelopment AGR 09-128
Agency to provide financing for construction
and development of affordable housing for the
19th Street Senior Plaza Apartments and the
Courtyard Family Apartments at South
Millcreek.
1. Authorize loan and appropriate funds to
provide a 7 year, $2,000,000 loan at 5%
interest from the City Equipment Fund to
the Redevelopment Agency to provide
construction assistance required for the
19th Street Senior Plaza Development
located 501 19th Street, east of the canal
between 18th and 19th streets.
2. Authorize loan and appropriate funds to
provide a 7 year, $1,500,000 loan at
5% interest from the Self Insurance Fund
to the Redevelopment Agency to
provide construction assistance required
for the Courtyard Family Apartments
located west of S Street, between 13th
Street and 14th Street at South Millcreek.
3. Appropriate $1,000,000 fund balance
from the Bakersfield Redevelopment
Agency SEPA Housing Fund to provide
construction assistance required for the
Courtyard Family Apartments located
west of S Street, between 13th Street
and 14th Street at South Millcreek.
P. Amendment No. 2 to Agreement No. 07-367 AGR 07-367(2)
with Ennis Paint, Inc., ($110,000; revised not to
exceed $330,000 and extend the term for one
(1) year) for traffic paint.
q. Amendment No. 2 to Agreement No. 07-349 AGR 07-349(2)
with Granite Construction Co., ($5,000,000;
revised not to exceed $15,000,000 and extend
the term for one (1) year) for street materials.
Bakersfield, California, September 23, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
r. Contract Change Order No. 21 to Agreement AGR 08-062
No. 08-062 with Granite Construction CCO 21
($41,728.20; revised not to exceed
$8,556,000.70) for the Allen Road Improvements
between Ming Avenue and Stockdale Highway
Project.
S. Contract Change Order No. 1 to Agreement AGR 09-026
No. 09-026 with Restroom Facilities Limited CCO 1
($11,268.00; revised not to exceed $316,254.00)
for the Mill Creek Prefabricated Restroom
Facility Project.
t. Contract Change Order No. 6 to Agreement AGR 09-008
No. 09-008 with Griffith Construction ($13,954.50; CCO 6
revised not to exceed $1,128,936.67) for the
realignment of Auburn Street Project. (TRIP)
Bids:
U. Accept Base Bid and Additive Alternate 1 and AGR 09-129
award contract to Granite Construction Co.
($615,508.00) for the construction of the
Pavement Rehabilitation 2009 - CDBG-R
Project. (ARRA)
V. Accept bid from Jim Burke Ford ($650,057.47)
for twenty-nine (29) four-door police special
sedans (nineteen (19) replacement, ten (10)
additional) for the Police Department.
Miscellaneous:
W. Grant of Easement to P.G. & E. to relocate DEED 7178
electrical service being displaced by the
construction of the Westside Parkway at the
Friant Kern Canal and Brimhall Road extended
(Flying J Refinery). (TRIP)
X. State of California Education Revenue
Augmentation Fund (ERAF) $1,700,000 transfer
for FY 2009-10.
1. Appropriate $400,000 from the
Downtown Redevelopment Project Area
Fund Balance to the Operating Budget
within the Downtown Redevelopment
Project Area Fund.
Bakersfield, California, September 23, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8x. continued
2. Transfer $200,000 from Capital
Improvement Budget to the Operating
Budget within the Downtown
Redevelopment Project Area Fund.
3. Transfer $900,000 within the Operating
Budget in the Southeast Redevelopment
Project Area.
4. Transfer $200,000 from the Capital
Improvement Budget from the Southeast
Redevelopment Project Area to the
Operating Budget within the Southeast
Redevelopment Project Area Fund.
Y. Appropriate contributions from Bright House
Networks ($2,000), Our Lady of Perpetual Help
($600) and Logan's Roadhouse ($350) to the
Recreation and Parks Department Operating
Budget within the General Fund for various
recreation programs.
Z. Appropriate $1,300,000 Anthem Blue Cross
medical premium surplus funds to the
non-departmental budget within the General
Fund to provide for additional deposits into the
Retiree Medical Irrevocable Trust Fund.
aa. Adoption of 2009-2010 Equal Employment
Opportunity Plan.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on item
8.b.
Councilmember Carson requested that item 8.n. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.aa., with the removal for AB COUCH
separate consideration of item 8.n.
Bakersfield, California, September 23, 2009 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
n. Homelessness Prevention Services and Rapid
Re-Housing Services (ARRA):
1. Agreement with Bethany AGR 09-126
Services/Bakersfield Homeless Center
(not to exceed $680,164) to provide
Homelessness Prevention Services.
2. Agreement with Bethany AGR 09-127
Services/Bakersfield Homeless Center
(not to exceed $680,164) to provide
Rapid Re-Housing Services.
Councilmember Carson stated that the reason
she asked for this item to be considered
separately was to bring recognition to what she
feels is a good program for the homeless
community.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.n. AB COUCH
9. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering RES 112-09
the summary vacation of deceleration lanes
located at the northwest corner of Ming
Avenue and Buena Vista Road.
b. Public Hearing to consider the amendment of FR
the Downtown Redevelopment Plan, First
Reading of Ordinance and to extend certain
time limits on the effectiveness and the time to
pay indebtedness and receive tax increment.
Consent Calendar Hearings opened at 6:19 p.m.
No one spoke.
Consent Calendar Hearings closed at 6:20 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 9.a. and 9.b. AB COUCH
10. HEARINGS
None.
Bakersfield, California, September 23, 2009 - Page 11
11. REPORTS ACTION TAKEN
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
the following cases:
1. Aboelghar, Magdy, et al v. City, et al -
KCSC Case No. S-1500-CV-262272-WDP
2. Darren Hailey v. City, et al - KCSC Case PULLED
No. S- 1 500-CV-264464-AEW
3. Home Builders Association v. City - KCSC
Case No. S-1500-CV-267954 NFT
b. Conference with Legal Counsel - Potential ONE MATTER
Litigation; Closed Session pursuant to PULLED
subdivision (b) (1) (3) (A) of Government Code
Section 54956.9. (Two matters)
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Assistant City Clerk Gafford announced
correspondence was received from staff requesting
items 14.a.2. and 14.b. (one matter) be pulled from
the Agenda.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:21 p.m. AS COUCH
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 8:00 p.m. AS COUCH
RECONVENED MEETING - 8:10 p.m.
Bakersfield, California, September 23, 2009 - Page 12
15. CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
the following cases:
1. Aboelghar, Magdy, et al v. City, et al - CITYATTORNEY
KCSC Case No. S-1500-CV-262272-WDP GIVEN DIRECTION
3. Home Builders Association v. City - KCSC NO REPORTABLE
Case No. S-1500-CV-267954 NFT ACTION
b. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
subdivision (b) (1) (3) (A) of Government Code
Section 54956.9. (One matters)
C. Conference with Labor Negotiator pursuant to NO REPORTABLE
ACTION
Government Code Section 54957.6.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Sullivan announced she was pleased
to represent the City at League of California Cities
Annual Conference in San Jose last week, where she
had the opportunity to hear presentations on issues
relating to local government, interact with city
councilmembers across California, and participate on
behalf of the City in providing policy guidance for the
League's activities for the upcoming year.
Councilmember Sullivan asked staff to look into the
trash issue at a large vacant lot on Ming Avenue
between Taco Bell and the Sports Authority, and
report back regarding whose responsibility It is to
maintain that property.
Councilmember Sullivan asked staff to look at the
cost effectiveness of using artificial turf at the new
median on Stine Road near Ridgeview High School.
Mayor Hall announced he was very pleased that
Assistant Chief Martin took action on a suggestion he
had to do some citing for litter violations and, as a
result, 50 citations were issued for uncovered loads at
the entrance to the green waste facility and on the
Fairfax Extension along Alfred Harrell Highway.
Bakersfield, California, September 23, 2009 - Page 13
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced that September 12th was the
11 th Annual United Way Day of Caring, in which 1 100
volunteers from 37 local companies participated in
various beautification projects that assisted 22
nonprofit agencies; and an additional 1 100 volunteers
from Valley Bible Fellowship Church went out on their
own and participated in litter pickup efforts.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:17 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield