HomeMy WebLinkAbout12/16/09_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
" MEETING OF DECEMBER 16, 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 John Scoggins, Rosedale Bible Church.
3. PLEDGE OF ALLEGIANCE by Tyson West, 51h grade student at Fremont Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to John Fallgatter honoring his
beautification efforts in downtown Bakersfield,
b. Presentation by Mayor Hall of a Proclamation to Arin Resnicke designating
January 7-14, 2010 as Architectural Awareness Week.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Fire Civil Service Board, due to the expiration of term of
Mike L. George, whose term expires December 31, 2009.
b. One appointment to the Miscellaneous Civil Service Board, due to the expiration of
term of Daniel Williams, whose term expires December 31, 2009.
C. One appointment to the Police Civil Service Board, due to the expiration of term of
Steven C. Anderson, whose term expires December 31, 2009.
d. One appointment to the Kern Mosquito and Vector Control District, due to the
expiration of term of Morris C. Mahlmann, whose term expires December 31, 2009.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 18, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from November 6, 2009 to December 3, 2009
in the amount of $28,532,267.38 and self-insurance payments from November 6, 2009
to December 3, 2009 in the amount of $476,582.72.
8. CONSENT CALENDAR continued
Ordinances:
(Ward 4*) c. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone district from County A (Exclusive Agriculture)
to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-O (Professional
and Administrative Office), C-2 (Regional Commercial) and A (Agriculture) on 783.21
acres located west of Renfro Road, between Kratzmeyer and Reina roads, east of
Nord Avenue (ZC 09-0591 - Tom Dee, representing Western Properties).
(Ward 4•) d. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone district from County A (Exclusive Agriculture)
to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), E (Estate) and
C-2 (Regional Commercial) on approximately 1,614 acres located on the west side
of Santa Fe Way, between Seventh Standard and Kratzmeyer roads, east of Greeley
Road (future alignment) (ZC 09-0609 - Keith Gardner, representing Rosedale Ranch
Farming Group, Gardiner Family LLC, and Grimmway Enterprises, Inc.; the property
owners).
e. Adoption of Ordinances:
1. Amending Sections 5.56.010, 5.56.020, and 5.56.040 relating to transient
outdoor businesses. (FR 11118109)
2. Amending Section 16.32.080 relating to improvements in subdivisions for which
parcel map Is required. (FR 11118109)
(ward 4•) f. Adoption of Ordinance approving Zone Change No. 09-0604 to modify Condition
No. 5 and Condition No. 17 for GPA/ZC No. 05-0844, located at the southeast corner
of Seventh Standard Road and planned Allen Road alignment (ZC 09-0604 - Summit
Engineering). (FR 1114109)
(Ward 3) g. Adoption of Ordinance approving the Notice of Exemption and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) to OS
(Open Space) on 180 acres located south of Highway 178 and east of Miramonte
Drive (ZC 06-1681 - Porter and Associates, Inc., representing A&E Union, Inc.).
(FR 11/4/09)
Resolutions:
h. Resolution adopting the Investment Policy of the City.
(Ward 1) i. Sewer construction and connection fee(s) assessment for 140 Dunlap Street:
1. Resolution confirming assessments for the construction and connection fee(s)
and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Milton J. Campos and Kimberly G. Campos to pay
construction and connection fee(s) in installments and notice of special
assessment lien.
"-upon annexation
2 City Council Meeting of 12/16/2009
8. CONSENT CALENDAR continued
(Ward 3) j. Resolution approving the application for grant funds for the Environmental
Enhancement and Mitigation Program, pursuant to Section 164.56 of the Streets and
Highways Code, to landscape existing medians along a portion of Chester Avenue
and authorizing the Public Works Director or designee to execute all necessary
documents,
k. Holmatro Rescue Equipment:
1. Resolution determining that Holmatro rescue equipment cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefor, not to exceed $63,000.
2. Approve the purchase of replacement Holmatro rescue equipment from FS3
in the amount of $63,000.
(Ward 6) I. Resolution adding territory Area 2-42 (5801 District Boulevard) to the Consolidated
Maintenance District, confirming assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
M. Resolution designating Amritsar, Punjab, India, as a Sister City.
n. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and the demolishment of dangerous buildings, and
authorize collection of the assessments by the Kern County Tax Collector.
Agreements:
o. Agreement with The Bakersfield Sports Foundation delineating the parties'
obligations and responsibilities for hosting the 2010 Stage 5 Finish of the Amgen Tour
of California.
P. Police Service Dogs:
1. Agreement with Master K-9, Inc. ($25,835) to purchase two Police Service
Dogs and train two Police K-9 handlers.
2. Appropriate $33,420 Seized Asset Forfeiture Revenues to the Police
Department Operating Budget in the General Fund for the purchase of two
Police Service Dogs, Initial 5-week training, lodging and per diem for two
Police K-9 handlers,
q. Agreements with S&K Engineering ($200,000), McIntosh & Associates ($200,000), and
Meyer Engineering ($200,000) to provide on-call construction inspection services
for Development Projects and Capital Improvement Program.
(Ward 3) r. Agreement with Bakersfield Homeless Center ($153,504) for sorting of green waste
material at the Mt. Vernon Green Waste Facility.
S. Agreement with Soils Engineering, Inc. ($448,375) to provide materials testing services
for calendar years 2010 and 2011.
3 City Council Meeting of 12/16/2009
8. CONSENT CALENDAR continued
t. Reciprocal Surface Agreements with Chevron U.S.A., Inc., to lease space for
communications facilities;
1. Agreement to lease space at Chevron's Warner Communications site,
located at China Grade Loop Road, to maintain and operate City radio and
microwave equipment for communication purposes.
2. Agreement to lease space to Chevron at City's communications facility at
4200 Panorama Drive for communication purposes.
(Ward 2) U. Agreement with Pacific Gas and Electric Co. ($117,425) for relocation of electric
distribution facilities in conflict with City's Mohawk Street Extension Project - Westside
Parkway Phase 1 (TRIP).
(Ward 2) v. Amendment No. 2 to Agreement No. 06-208 with Dokken Engineering ($330,000;
revised not to exceed $7,015,674) for engineering design services for the Westside
Parkway Project Phases I and IV. (TRIP)
W, Amendment No. 3 to Agreement No. 06-345 with Valley Pacific Petroleum Services,
Inc. ($4,000,000; revised not to exceed $16,000,000) and extending term for one year
for the annual contract for gasoline and diesel fuel.
(Ward 1) X. Amendment No. 4 to Agreement No. 06-391 with Bradco Industrial Corp. extending
term for one year for the annual contract for wood grinding with no dollar cost
increase.
(Ward 1) Y. Amendment No. 2 to Agreement No. 08-123 with AmCal Santa Fe Fund, L.P. for the
construction and development of approximately 3,000 square feet of
commercial/retail space and 55 affordable multifamily units at 701 Union Avenue -
Santa Fe Apartments to extend performance dates.
(Ward 1,6) Z. Amendment No. 1 to Agreement No. 08-208 with Precision Fertilizer Spreading
($247,000; revised not to exceed $357,250) and extending term for one year for the
annual contract for hauling and spreading biosolids.
aa. Amendment No. 1 to Agreement No. 08-225 with Muxlow Construction ($50,000;
revised not to exceed $100,000) of Community Development Block Grant funds to
provide handicap access Improvement services to qualified low-income residents in
owner occupied structures.
bb. Amendment No. 1 to Agreement No. 08-237 with Pickinpaugh Concrete
Construction, Inc., extending term for one year for the annual contract for block wall
repair with no dollar cost Increase.
CC. Amendment No. 1 to Agreement No. 09-080 with The Ramsay Group, LLC ($9,400;
revised not to exceed $74,350) for consulting services in the preparation of the 2010-
2015 Consolidated Plan, the Citizen Participation Plan, and the Analysis of
Impediments to Fair Housing Choices for the U.S. Department of Housing and Urban
Development.
4 City Council Meeting of 12/16/2009
8. CONSENT CALENDAR continued
(ward 3) dd. Roof repairs at the Bakersfield Sanitary Landfill Building Project:
1. Amendment No. 1 to Agreement No. PW 09-159 with Solar Coatings, Inc., for
project.
2. Contract Change Order No. 1 to Agreement with Solar Coatings, Inc.
($24,586; revised not to exceed $53,669), for project.
(Ward 2,4) ee. Environmental Impact Report (EIR) for General Plan Amendment/Zone change
No, 06-1877 (Bakersfield Commons Project) located north of Brimhall Road, generally
east and west of Coffee Road:
1. Amendment No. 2 to Agreement No. 07-021 with Christopher A. Joseph &
Associates ($51,055; revised not to exceed $461,055) for preparation of an EIR.
2. Appropriate $51,055 (developer's contribution) to the Development Services
Operating Budget in the General Fund for the EIR consultant.
(ward 2) ff. Contract Change Order No. 1 to Agreement No. 08-117 with AC Electric Co.
($17,855; revised not to exceed $315,950) for traffic signal and lighting, Mill Creek
Linear Park located at 19th and 21 sr streets.
(ward 2) gg. Mill Creek Linear Park Phases 2, 4, 5A and 5B:
1. Contract Change Order Nos. 11 and 12 to Agreement No. 09-031 with Elite
Landscaping ($303,147; revised not to exceed $3,530,388.71).
2. Transfer $291,000 from the Old Town Kern Redevelopment Project Area
Operating Budget to the Public Works Department Capital Improvement
Budget within the Old Town Kern Project Area Fund.
Bids:
hh. Accept bids from Jack Gosch Ford ($96,935.64) for six replacement gasoline
powered midsized sedans for the Police Department.
ii. Accept bid from Flashco, Inc. ($65,296.40) for traffic cones, delineators and
barricades for the Public Works Department, Streets Division.
(Ward 6) jj. Accept bid and award contract to Polydyne, Inc. ($46,807.30) for polymers for the
Public Works Department, Wastewater Division Plant No. 3.
kk. Purchase of Multimedia Display Systems for the Fire Department Operations Center
(DOC).
1. Accept bid from ATK Services, Inc. ($86,970) for purchase of multimedia
display systems for the Fire Department DOC.
2. Appropriate $174,221 Federal Grant Revenue to MMRS Fund.
(ward 1, 7) ll. Accept bid and award contract to A-C Electric Co. ($211,866.40) for traffic signal
and lighting system installation on Union Avenue at Hosking Road.
mm. Accept bid and award contract to Amber Chemical, Inc. (not to exceed $75,000)
for pool chemicals.
5 City Council Meeting of 12/16/2009
8. CONSENT CALENDAR continued
Miscellaneous:
nn. Appropriate $58,891 Federal Grant Revenues (FY2009-10 Sobriety Checkpoint
Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division.
oo. Appropriate $37,158 Federal Grant Revenues (FY2009-10 Next Generation - Click It or
Ticket Mini-Grant Program from the State Office of Traffic Safety) to the General Fund
Police Operating Budget, to fund overtime for seatbelt enforcement mobilization for
the Traffic Division.
pp. Appropriate $22,000 Fire Trust, Hazmat Penalty account to the Fire Department's
Operating Budget within the General Fund for purchases of hazardous materials
equipment.
(Word 3) qq. Quitclaim Deed to K. Hovnanian at Bakersfield 463, LLC and Bakersfield City School
District for an overflow parking easement over land adjacent to the Mesa Marin
Softball Complex.
rr. Audit Reports (refer to Budget and Finance Committee):
1. Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30,
2009.
2. Agreed Upon Conditions Report for fiscal year ended June 30, 2009.
3. Independent Auditors Report (Draft) - Schedule of Federal Expenditures for
City of Bakersfield for fiscal year ended June 30, 2009.
4. Independent Auditors Report - Compliance with Contractual Requirements
relative to the Bakersfield Subregional Wastewater Management Plan for
fiscal year ended June 30, 2009.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit)
of the City of Bakersfield for fiscal year ended June 30, 2009.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center,
Bakersfield Ice Sports Center & Bright House Networks Amphitheatre for fiscal
year ended June 30, 2009.
ss. Fiscal Year 2008-2009 Annual Compliance Report for Park Impact Fees prepared in
accordance with California Government Code §66006.
tt. Fiscal Year 2008-2009 Annual Compliance Report for Transportation Impact Fees
prepared in accordance with California Government Code §66006.
(Ward 3,6) uu. Fiscal Year 2008-2009 Annual Compliance Report for Bridge Crossings and Major
Thoroughfare Fees prepared in accordance with California Government Code
§66006.
VV. Fiscal Year 2008-2009 Annual Compliance Report for Planned Drainage Area Fees
prepared in accordance with California Government Code §66006.
ww. Fiscal Year 2008-2009 Annual Compliance Report for Planned Sewer Area Fees
prepared in accordance with California Government Code §66006.
Staff recommends adoption of Consent Calendar items 8.o. through 8. ww.
6 City Council Meeting of 12/16/2009
9. CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR HEARINGS
(Ward 1,2) a. Public Hearing to consider Resolution establishing Underground Utility District No. 2,
Division 33 (California Avenue - S Street to Union Avenue). (Staff recommends
overriding protests and adoption of Resolution.)
(Ward 1,2) b. Public Hearing to consider Resolution establishing Underground Utility District No. 2,
Division 34 (Calloway Drive - Hageman Road to Meacham Road). (Staff recommends
overriding protests and adoption of Resolution.)
(ward 2) c. Public Hearing to consider Resolution ordering the vacation of Beale Avenue (old
alignment) from the north right of way of East Truxtun Avenue to the north right of
way of the BNSF Railroad. (Staff recommends adoption of Resolution.)
(ward 2) d. Public Hearing to consider Resolution ordering the vacation of that portion of right of
way of E. 21 It Street and Gage Street to 10 feet north and 10 feet south of the
centerline of the existing tracks of the BNSF Railroad. (Staff recommends adoption of
Resolutlon.)
(ward 2) e. Public Hearing to consider Resolution approving the issuance of tax exempt
multifamily housing revenue bonds by the California Municipal Finance Authority to
benefit CIC South Mill Creek, L.P. (Chelsea Investment Corporation) for the
acquisition and construction of a 70-unit multifamily housing project located at
1401 S Street, known as the South Mill Creek Apartments. (Staff recommends adoption
of Resolution.)
(ward 2) f, Public Hearing to consider Resolution ordering the vacation of the west 112-foot
portion of alley right of way easement located east of H Street between 8th and 10th
streets. (Staff recommends adoption of Resolution.)
(Ward 3) g. Public Hearing to consider Resolution ordering the vacation of remaining dedication
of Comanche Drive (old alignment) south of State Highway 178. (Staff recommends
adoption of Resolution.)
h. Public Hearing to consider Resolution adopting fees pursuant to the cost recovery
program (Master Fee Schedule). (Staff recommends adoption of Resolution.)
12. HEARINGS
13. REPORTS
a. Update on Capital Improvement Program Budget. (Presentation by Raul Rojas Public
Works Director)
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
IIA-- Alan Tandy
12/9/2009 4:38 PM City Manager
7 City Council Meeting of 12/16/2009
AGENDA HIGHLIGHTS
December 16, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
CONSENT CALENDAR
Apc*lntmenh
The Council will make one (1) appointment to each of the following: Fire Civil Service Board;
Miscellaneous Civil Service Board; Police Civil Service Board; and the Kern Mosquito and
Vector Control District.
Ordinances
Item 8c & 8d. First Readina of Ordinances Related to the Pre-Zoning of Specific Land Both
Items 8c & 8d are pre-zoning requests which consist of changing the zone district for specific
pieces of land in order for these properties to be consistent with the existing General Plan
land use designations and to allow for the commencement of annexation proceedings.
Neither applicant is proposing development at this time, however, with the pre-zoning and
annexation approvals they will be able to move towards their goal of being able to develop
under the jurisdiction of the City. With the full range of available urban services that the City
can provide, Including higher development standards, the owners can plan and design
future projects that use this land more efficiently. A public hearing was held at the Planning
Commission for both items on November 19, 2009 and both Items are recommended for
adoption by the Planning Commission.
Resolutions
Item 8m. Resolution Designating Amritsar Puniab India a Sister City of the City of Bakersfield
A number of official visits by official delegations have taken place between the cities of
Amritsar and Bakersfield between 2006 and 2009. These visits have resulted in the mutual
conclusion that a Sister City relationship would be of benefit to the citizens of both cities.
Therefore, Mayor Hall, on behalf of the Bakersfield Sister City Corporation, has requested a
resolution formalizing a Sister City relationship between Amritsar and Bakersfield. If the
Resolution Is adopted, a formal Sister City Agreement will be signed on December 25, 2009.
Agreements
Item 8q. Agreements for On-Cali Construction Inspection Services for Development Projects
and Ca its Improvement Program. To expedite the delivery of the Capital Improvement
Program and to supplement the demand for Inspections related to development, the City
utilizes contract inspection services on an as needed basis. This practice has proven to be
very effective In ensuring a timely response to the City's inspection responsibilities. Following
a Request for Proposals process, three (3) firms are being selected to provide these services:
S&K Engineering, McIntosh and Associates, and Meyer Engineering. No appropriations are
necessary as these agreements will be funded either through budgeted capital
Improvement projects or by inspection fees collected from developers.
Item 8r. Aareement with Bakersfield Homeless Center for Sorting of Green Waste Material at
the Mt Vernon Green Waste Facility in the amount of S 153,5(A. Staff utilized a Request for
Proposals process for an annual contract for the sorting of green waste material at the Mt.
Vernon Green Waste Facility. After a thorough review of the two (2) proposals received, staff
Is recommending an agreement with the Bakersfield Homeless Center for this service. This
agreement will provide a needed service for the City, while at the same time providing
employment opportunities and job skill development for homeless Individuals who are clients
of the Bakersfield Homeless Center.
Item 8s. Aareement with Solis En ing eering inc to Provide Materials Testing Services for
Calendar Years 2010 and 2011 in the amount of $448,375. The City utllizes outside vendors to
provide materials testing for the City's Capital Improvement Program due to the City's lack of
staff and equipment necessary to perform these services. To accomplish this staff recently
requested Statements of Qualification and Proposals (SOQ&P) from material testing firms.
Four (4) firms submitted their SOQ&P's in response to this request. Following an evaluation of
the submittals staff is recommending award of the agreement to Solis Engineering Inc.
Funding for this agreement will be paid through the actual projects that are currently
budgeted and no additional appropriations are anticipated.
Item 8v. Amendment to an Aareement with Dokken Enaineering for Engineering Design
Services for the Westside Parkway Prolect Phases I and IV in the amount of $330,000, revised
amount not to exceed $7,015,6774. This amendment is for work that was neither originally
anticipated nor included in the scope of work for Dokken and Involves both Phases I and IV.
For many reasons related to the complexities of these two projects, changes have been
required. This amendment will provide for the costs associated with these changes.
Adequate funds have been budgeted for this work.
Item 8w. Amendment to an Agreement with Valley Pacific Petroleum Services, Inc. and
Extension of the Term for One Year for the Annual Contract for Gasoline and Diesel Fuel in the
amount of $4,000,000; revised not to exceed $16,000,000. Valley Petroleum Services, Inc.
(VPS) was originally awarded this annual contract in November of 2006, with an option for
four (4) consecutive one-year extensions. This amendment will add $4,000,000 to the
agreement with VPS and extend the term for an additional year. This will allow the City to
continue purchasing the City's gasoline and diesel fuel at preferred contract pricing.
Item 8z. Amendment to an Agreement with Precision Fertilizer Spreading and Extension of
the Term for One Year for the Annual Contract for Hauling and Spreading Biosolids In the
amount of $247,000; revised total not to exceed $357,250. Precision Fertilizer Spreading was
originally awarded this annual contract in November of 2008, with an option for four (4) one-
year extensions. Additional funds are being added to this contract for additional work
necessary following the Plant # 3 expansion. This amendment will add $247,000 to the
agreement and extend the term for an additional year. This will allow the City to continue
performing this necessary and specialized service.
Item ft. Mill Creek Linear Park Phases 2,4, 5A and 5B This Item Includes two change orders
to an agreement with Elite Landscaping in the amount of $303,147; revised not to exceed
amount of $3,530,388.71. These two change orders Include the addition of a 6 foot wrought
Iron fence, to be constructed along the west property line of 600 17th Street, and for the
construction of a decorative facade along the west property line of the linear park adjacent
Agenda Highlights - December 16, 2009 Council Meeting
Page 2
t
to Mexicali restaurant. This Item also Includes a transfer of $291,000 from the Old Town Kern
Redevelopment Project Area Operating Budget to the Public Works Department's Capital
Improvement Budget within the Old Town Kern Project Area Fund to cover the cost of these
changes orders.
Item 811. Accept Bid and Award Contract to A-C Electric Co for Traffic Signal and Lohting
System Installation on Union Avenue at Hoskina Road in the amount of $211,866.40. This
project consists of a complete traffic signal and lighting system as well as modifications to the
existing pavement markings and striping, and adding additional pavement. Access ramps
will also be constructed to meet current ADA requirements. A total of seven (7) bids were
received with A-C Electric Company being the lowest. This project Is funded through the
Congestion Mitigation and Air Quality program (88.53%) and a local match (11.47%).
MISCELLANEOUS
Item 8rr. Audit Reports (to be referred to Budget and Finance Committee) Several audit
reports including the City's Comprehensive Annual Financial Report, for the fiscal year ended
June 30, 2009, will be provided to the City Council. A copy of these reports will be on file In
the City Clerk's office for review. These reports are recommended for referral to the Budget
and Finance Committee.
Items 8ss - 8ww. Fiscal Year 2008-09 Annual Compliance Reports. Several annual
compliance reports are being presented to the City Council and public for review. These
Include annual compliance reports for Park Impact Fees; Transportation Impact Fees; Bridge
Crossings and Major thoroughfare Fees; Planned Drainage Area Fees; and Planned Sewer
Area Fees.
REPORTS
Public Works staff will be providing a mid-year update on the City's Capital Improvement
Program.
Approved: cc: Department Heads
Alan Tandy, City Manager City Manager's File
City Clerk's File
News Media File
Agenda Highlights - December 16, 2009 Council Meeting
Page 3
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Presentations
ITEM: , 6L,
TO: Honorable Mayor and City Council RO
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: November 30, 2009 CITY ATTORNEY p,
CITY MANAGER •W
SUBJECT: Presentation by Mayor Hall of a Proclamation to John Fallgatter honoring his beautification
efforts in downtown Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Presentations
ITEM: Al. TO: Honorable Mayor and City Council PP OVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: November 30, 2009 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Presentation by Mayor Hall of a Proclamation to Arin Resnicke designating January 7-14 as
Architectural Awareness Week in Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Appointments
ITEM: 17.4.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cle~ DEPARTMENT HEAI) c.
DATE: November 30, 2009 CITY ATTORNEY Q
CITY MANAGER &
SUBJECT: One appointment to the Fire Civil Service Board, due to the expiration of term
of Mike L. George, whose term expires December 31, 2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the expiration of term of Mike L.
George whose term expires December 31, 2009. The news release for this recruitment was posted
on October 29, 2008.
One application has been received from the incumbent, Mike L. George.
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members, appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Fire Department. All applicants have been encouraged to contact each
councilmember regarding their interest and qualifications. Meetings are held the second Monday of
each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield.
November 25, 2009, 4:20PM
S:\Bds&Comm\BRDA\FIRE\admin Dec 2009.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Appointments
ITEM: 17.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City C14k3--- DEPARTMENT HEAD
DATE: November 30, 2009 CITY ATTORNEY UG~
CITY MANAGER S
SUBJECT: One appointment to the Miscellaneous Civil Service Board, due to the expiration
of term of Daniel Williams, whose term expires December 31, 2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Miscellaneous Civil Service Board due to the expiration of term of
Daniel Williams, whose term expires December 31, 2009. The news release for this recruitment
was posted on October 29, 2009.
One application has been received from the incumbent, Daniel Williams.
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of
each month at 3:00 p.m. at City Hall North, 1600 Truxtun Avenue, Bakersfield.
SABdsBComm1MISCCS\admin Dec 2009.dot
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Appointments
ITEM: , C,
TO: Honorable Mayor and City Crri it APPROVED
FROM: Pamela A. McCarthy, City Cl DEPARTMENT HEADd,.i- n'. AT
DATE: November 30, 2009 CITY ATTORNEY ~LI
CITY MANAGER
SUBJECT: One appointment to the Police Civil Service Board, due to the expiration of term
of Steven C. Anderson, whose term expires December 31, 2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of Steven
C. Anderson, whose term expires December 31, 2009. The news release for this recruitment was
posted on October 29, 2009.
One application has been received from the incumbent, Steven C. Anderson.
The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Police Department. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday
of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601
Truxtun Avenue, Bakersfield.
November 25, 2009, 4:19PM
S:\BdsBComm\POLICE\admin 2009.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Appointments
ITEM: 7, ql,
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Clem DEPARTMENT HEADLm, /a, A'T
DATE: November 30, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: One appointment to the Kern Mosquito and Vector Control District, due to the expiration
of term of Morris C. Mahlmann, whose term expires December 31, 2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Kern Mosquito and Vector Control District due to the expiration
of term of Morris C. Mahlmann, whose term expires December 31, 2009. The news release
was posted October 29, 2009.
An application for appointment has been received from the incumbent, Morris Mahlmann.
The primary objective of the Kern Mosquito and Vector Control District is the elimination of
mosquito-breeding areas by way of educational services, various control measures and
abatement procedure methods when necessary. Members are nominated and appointed by the
Council of each respective participating City. Members shall be an elector of the City and a
resident of that portion of the City which is within the Kern Mosquito and Vector Control District
throughout their 2-year term.
All applicants have been encouraged to contact each City Councilmember regarding their
interest and qualifications. Meetings are held the second Wednesday of each month at 11:30
a.m. at the District Office, 4705 Allen Road, Bakersfield.
SABds&Comm\KMVC\admin 2009.dot
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerk-' DEPARTMENT HEAD. 4 fi
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of Minutes of the November 18, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from November 6, 2009 to December 3, 2009 in the
amount of $28,532,267.38 and Self Insurance payments from November 6, 2009 to
December 3, 2009 in the amount of $476,582.72
RECOMMENDATION:
Staff recommends approval of payments totaling $29,008,850.10.
BACKGROUND:
KLG
December 3, 2008, 2:24PM
S:\Kim G\ADMIN\COUNCIL-ADMIN-AP-2009\ADMIN-AP 091203.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: &C.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD_
DATE: November 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district from County A (Exclusive Agriculture) to R-1
(One Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-0 (Professional and
Administrative Office), C-2 (Regional Commercial) and A (Agriculture) on 783.21 acres
located west of Renfro Road, between Kratzmeyer and Reina Roads, east of Nord
Avenue. (ZC 09-0591 - Tom Dee, representing Western Properties). (Ward 4, Upon
Annexation)
RECOMMENDATION:
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On November 19, 2009, the Planning Commission held an advertised public hearing on this pre-zoning
request, and recommended adoption by the City Council. The pre-zoning request consists of changing the
zone district to R-1 (One Family Dwelling) on 385.75-acres, R-2 (Limited Multiple Family Dwelling) on
67.38-acres, C-0 (Professional and Administration Office) on 79.08-acres, C-2 (Regional Commercial) on
209.56-acres and A (Agriculture) on 41.44-acres (783.21 total acres) to be consistent with the existing
General Plan land use designations and commence annexation proceedings of the property into the City.
The applicant is not proposing development at this time; however, with the pre-zoning and annexation
approvals, they will be able to deal with only one jurisdiction when they are ready to develop. With the full
range of available urban services that the city can provide, including higher development standards, the
owners can plan and design future projects that uses land more efficiently.
The future West Beltway alignment lies near the east boundary of the project site. The West Beltway is a
north/south designated freeway proposed to be constructed at the mid-section line between Heath Road
and Renfro Road (Rudd Avenue), connecting 7th Standard Road to Taft Highway. Other major roadway
improvements in the area includes a separation of grade at the intersection of 7th Standard Road and Santa
Fe Way.
The project site is currently zoned County A (Exclusive Agriculture) and is being farmed. The property is
within Kern County Agricultural Preserve No. 9; however, no properties are under a Williamson Act land use
contract. Upon acceptance into the city, these properties will be removed from the preserve boundaries.
The Planning Commission received two letters regarding this zone change. The first was from Gordon Nipp
representing the Sierra Club opposing to the request. His concerns focused on circumventing the
ADMINISTRATIVE REPORT Page2
Metropolitan Bakersfield General Plan Update that is occurring, being inconsistent with SB 375 and AB 32,
reliance on the use of "stale" environmental impact reports, premature conversion of farmland, the need for
the project, failure to address greenhouse gas emissions and global warming, increased traffic, and energy
consumption. The applicant submitted written evidence that addressed every point brought up by Mr. Nipp.
The Planning Commission discussed these issues in detail and found that they were premature at this time
as there are no speck development proposals and the request does not change the existing physical
environment. Only a jurisdictional boundary will be moved. Since the property already had urban land use
designations and Kern County had previously examined conversion of the land to urban uses with the
adoption of the Western Rosedale Specific Plan (and ultimately confirmed by the joint adoption of the
Metropolitan General Plan update in 2002), no further analysis was warranted. At such time speck
development proposals come before the City, consistency with the General Plan, development ordinances
and CEQA will be required when potential impacts can be more fully evaluated.
The second letter was from the Kern County Planning Department noting that conversion of agricultural land
may be premature and that the General Plan update was underway. The. Commission found that the
County had already examined agricultural land conversion and approved urban development for this area
by their adoption of the Western Rosedale Specific Plan. They further stated that since the applicants were
only bringing the zoning of their land into compliance with the existing General Plan designations, the
proposal was found not to be in conflict with the General Plan update as the update is recognizing
previously approved land use designations.
Brian Beatty, a property owner south of the site, spoke in favor of staffs recommendation and indicated that
the new Frontier High School and housing developments are located to the east of the project site. He
stated that this is a logical and orderly extension of the existing development pattern in the area and a great
opportunity to protect farm land in the interim but adequately plan for future growth.
The project area obtained all general plan designations through the adoption of the Metropolitan Bakersfield
General Plan and General Plan EIR, and the Western Rosedale Specific Plan and the Specific Plan EIR.
The State CEQA Guidelines have been followed in the evaluation of the environmental effects of this
project. In accordance with CEQA Sections 15162, 15182 and 15183 and the Guidelines for the
Implementation of CEQA, and evidence in the record, staff determined that the requested actions do not
require the preparation of subsequent environmental documentation.
JENO:DLASAZoneChange\yr 2009\09-0591\Admin Staff Reports\1st reading Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: al.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: November 20, 2009 CITY ATTORNE
CITY MANAGER S_
SUBJECT: First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district from County A (Exclusive Agriculture) to R-1
(One Family Dwelling), R-2 (Limited Multiple Family Dwelling), E (Estate) and C-2
(Regional Commercial) on approximately 1,614-acres located on the west side of Santa
Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road
(future alignment). (ZC 09-0609 - Keith Gardiner, representing Rosedale Ranch Farming
Group, Gardiner Family LLC, and Grimmway Enterprises Inc.; the property owners).
(Ward 4, Upon Annexation).
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
On November 19, 2009, the Planning Commission held an advertised public hearing on this pre-zoning
request, and recommended adoption by the City Council. The project site is located on the west side of
Santa Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road (future
alignment). The County of Kern adopted the Western Rosedale Specific Plan in 1994, designating the
project area for urban uses consistent with the Land Use Element of the Metropolitan Bakersfield General
Plan. The pre-zoning request consists of changing the zone district to R-1 (One Family Dwelling) on 1,011-
aores, 'R-2 (Limited Multiple Family Dwelling) on 186-acres, E (Estate) on 322-acres and C-2 (Regional
Commercial) on 95-acres (1,614 total acres) to be consistent with the existing General Plan land use
designations and commence annexation proceedings of the property into the City.
The applicant owns property adjacent to the project site east of Santa Fe Way (approximately 1,600 acres
known as Rosedale Ranch) that has been previously annexed into the City. The applicants desire is to
hive his entire Rosedale Ranch project area with the city limits so that he can plan and develop it under just
one jurisdiction. With the full range of available urban services that the city can provide, including higher
development standards, the owner can plan and design future projects that uses land more efficiently.
Rosedale Ranch is a master-planned community with a long-term development horizon. Major utility and
transportation facilities exist and run through the area that is both dependent and impacted by its
development. To better plan for necessary improvements to occur, the applicant desires to work with only
one entity as development standards will be consistently applied and improvements can be coordinated
more effectively. Since the area is planned for urban development and the applicant has existing land use
entitlements for mixed-use centers, industrial areas, and higher density residential neighborhoods,
sustainable development can occur in an orderly manner that will be consistent with new state regulations
concerning growth and protect adjacent agricultural lands from being prematurely developed.
ADMINISTRATIVE REPORT Page 2
The project site is currently zoned County A (Exclusive Agriculture) and is being used for the growing of
almonds. The property is within Kem County Agricultural Preserve No. 9; however, only two parcels
(approximately 237.27-acres) are under a Williamson Act land use contract. Upon acceptance into the city,
properties not under contract will be removed from the preserve boundaries. Contracted lands will remain
except that administration of the Williamson Act Contract will be transferred to the city.
The future West Beltway alignment lies near the east boundary of the project site. The West Beltway is a
north/south designated freeway proposed to be constructed at the mid-section line between Heath Road
and Renfro Road (Rudd Avenue), connecting Seventh Standard Road to Taft Highway. 7th Standard Road,
an expressway, borders the property to the north. Future plans include widening and a separation of grade
at its intersection with the railroad and Santa Fe Way.
The Planning Commission received two letters regarding this zone change. The first was from Gordon Nipp
representing the Sierra Club opposing to the request. His concerns focused on circumventing the
Metropolitan Bakersfield General Plan Update that is occurring, being Inconsistent with SB 375 and AB 32,
reliance on the use of "stale" environmental impact reports, premature conversion of farmland, the need for
the project, failure to address greenhouse gas emissions and global warming, increased traffic, and energy
consumption. The applicant submitted written evidence that addressed every point brought up by Mr. Nipp.
The Planning Commission discussed these issues in detail and found that they were premature at this time
as there are no specific development proposals and the request does not change the existing physical
environment. Only a jurisdictional boundary will be moved. Since the property already had urban land use
designations and Kern County had previously examined conversion of the land to urban uses with the
adoption of the Western Rosedale Speck Plan (and ultimately confirmed by the joint adoption of the
Metropolitan General Plan update in 2002), no further analysis was warranted. At such time speck
development proposals come before the City, consistency with the General Plan, development ordinances
and CEQA will be required when potential impacts can be more fully evaluated.
The second letter was from the Kem County Planning Department noting that conversion of agricultural land
may be premature and that the General Plan update was underway. The Commission found that the
County had already examined agricultural land conversion and approved urban development for this area
by their adoption of the Western Rosedale Specific Plan. They further stated that since the applicant was
only bringing the zoning of his land into compliance with the existing General Plan designations, the
proposal was found not to be in conflict with the General Plan update as the update is recognizing
previously approved land use designations.
Brian Beatty, a property owner south of the site, spoke in favor of staffs recommendation and indicated that
the new Frontier High School and housing developments are located to the east of the project site. He
stated that this is a logical and orderly extension of the existing development pattern in the area and a great
opportunity to protect farm land in the interim but adequately plan for future growth.
The project area obtained all general plan designations through the adoption of the Metropolitan Bakersfield
General Plan and General Plan EIR, and the Western Rosedale Spec Plan and the Specific Plan EIR.
The State CEQA Guidelines have been followed in the evaluation of the environmental effects of this
project. In accordance with CEQA Sections 15162, 15182 and 15183 and the Guidelines for the
Implementation of CEQA, and evidence in the record, staff determined that the requested actions do not
require the preparation of subsequent environmental documentation.
JEWO:DLAS.74neChangelyr 2008109-0809Wdmin Staff ReportAlat reading Admin Report.dx
T A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: November 19, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: _ 1. Adoption of Ordinance Amending Sections 5.56.010, 5.56.020, and 5.56.040
Relating to Transient Outdoor Businesses.
2. Adoption of Ordinance Amending Section 16.32.080 Relating to Improvements
in Subdivisions for Which Parcel Map is Required.
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendments. These
amendments had first reading on November 18, 2009.
BACKGROUND:
Occasionally, 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:
1. BMC Sections 5.56.010, 5.56.020, and 5.56.040. This amendment deletes reference
to sections which no longer exist, and prohibits tables, chairs and other dining facilities on the
property.
2. BMC Section 16.32.080. This amendment eliminates a word to provide clarification
that cable television improvements are considered separate from other public utility
improvements.
JHR:Isc
November 19, 2009, 8:58AM
SAC0UNCILV,dmine109-10 AdmineVeanup 2009.3d-2ndRdp.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: November 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance approving Zone Change No. 09-0604, to modify Condition No. 5
and Condition No. 17 for GPA/ZC No. 05-0844, located at the southeast comer of
Seventh Standard Road and planned Allen Road alignment. (ZC 09-0604 - Summit
Engineering).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 4, 2009.
The proposal will modify two conditions of a previous project (GPA/ZC 05-0844) as follows: a.) Modify
Condition #5 - The applicant will prepare a Phase I Environmental Site Assessment prior to
recordation of a final subdivision map rather than submitting with a tentative subdivision map
application. b.) Modify Condition #17 - The applicant will establish procedures for notifying the
mineral rights owner in regards to development plans such as grading plans, sewer plans, tract maps,
etc. Furthermore, the applicant will provide a plan that demonstrates how existing petroleum related
facilities be protected and integrated into proposed development.
GPA/ZC 05-0844 established a combining district of E/PE (Estate One-Family Dwelling/Petroleum
Extraction Combining District) on the northern part of the project site and a zone district of M-1. (Light
Manufacturing), M-2 (General Manufacturing) on the southern portion of the project site. The first
reading of the ordinance on February 8, 2006 for GPA/ZC 05-0844 was met with opposition by the
mineral rights owner, Crimson Resource Management. Their testimony focused on the incompatibility
of residential development within active oilfields, including public safety and nuisance concerns, and
the need to carefully integrate existing and future oilfield facilities into the proposed development. A
condition of approval known as an "Accommodation Agreement" (Condition No. 17) was added by the
City Council requiring the property owner and mineral rights owner(s) to work out differences to
accommodate the oil facilities within the development. This condition also had a clause that would
allow the property owner to request its removal in the event the two parties were unable to reach
agreement within nine (9) months following the final approval of the general plan amendment/zone
change (deadline of December 8, 2006) and prior to submittal of a tentative map.
With respect to Condition No. 17 the City's only role was to ensure that the agreement did not contain
language contrary to city ordinances. The parties initially anticipated that this process would only
take 9 months, but 30 months elapsed with no agreement. Therefore the applicant proposed to
modify Condition No. 5 (which was supported by the City Fire Department) and delete Condition No.
ADMINISTRATIVE REPORT Page 2
17. The deletion of Condition No. 17 caused some concern for the mineral rights owner; however,
after several meetings held by planning staff with the applicant and mineral rights owner, both
stakeholders agreed to modify the two conditions. No land use or map changes are proposed for this
project.
The Planning Commission conducted a public hearing regarding these changes with the proposed
language on September 17, 2009, and recommended approval to the City Council. Both the
applicant and mineral rights owner spoke in support of the proposal; no one opposed the request.
Significant environmental impacts were not identified with the project proposal; therefore, a Notice of
Exemption was prepared by staff for the project site. The Notice of Exemption was prepared on
September 16, 2009 in accordance with CEQA.
SM:S:\GPA 3rd 2009\09-0804\Admin SRVldmin Report 09-0804 2nd Reading.dx
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: November 13, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an Ordinance approving the Notice of Exemption and amending the official
Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from
R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) to OS (Open Space)
on 180 acres located south of Highway 178 and east of Miramonte Drive. (ZC 06-1681 -
Porter and Associates, Inc., representing A$E Union, Inc.). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on November 4, 2009.
The proposal would allow for the preservation of open space (Rio Bravo golf course) on the 180 acre
project site. These changes satisfy a condition of approval set forth by the City Council related to a tract
map approved in 2006.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on September 17, 2009. No individuals or agencies present at the hearing opposed the
request.
Significant environmental impacts were not identified with the project proposal; therefore, a Notice of
Exemption was prepared by staff for the project site. The Notice of Exemption was prepared and posted
on August 12, 2009 in accordance with CEQA.
ANO
SAGPA 4th 2007A06-1681 (Rio Bravo Golf Course)1Staff Reports\Admin Report 2nd Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: S.A.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: November 17, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Adopting the Investment Policy of the City.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution places the City in conformance with Section 53646 of the California Government Code that
requires staff to annually render to the legislative body a statement of investment policy which the
legislative body shall consider at a public meeting. There have been no changes to the California
Government Code since the last investment policy. Incorporated into the Scope of the current policy are
Other Post-Employee Benefits (OPEB) investments that were previously adopted by Resolution 008-07 on
January 17, 2007.
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 19, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Sewer connection and construction fees assessments (Ward 1):
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Milton J. Campos and Kimberly G. Campos, 140 Dunlap
Street, to pay sewer connection and construction fees in installments and
notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 140 Dunlap Street desire to connect the
property to the City sewer system. The property owner claims that to pay the sewer
connection and construction fees in one payment would produce an economic hardship. To
assist in paying the connection and construction fees, the City has contracted with the
property owner to spread the connection and construction fees over a five (5) year period to
be collected with their property taxes in accordance with Municipal Code Section 14.12.030,
14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County
Tax Collector to collect the connection and construction fees in five equal payments over the
next five years.
S:\PROJECTS\SewerConFee\Admin\140 Dunlap Street ADMIN.doc
November 19, 2009, 10:54AM
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: ; j .
TO: Honorable Mayor and City Council PP~ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 23, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Approving the Application for Grant Funds for the Environmental
Enhancement and Mitigation Program under Section 164.56 of the Streets and
Highways Code to Landscape Existing Medians Along a Portion of Chester Avenue
and Authorizing the Public Works Director or Designee to Execute All Necessary
Documents (Ward 3).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The Natural Resources Agency and the California Department of Transportation
(Caltrans) jointly released the Guidelines and Application for the Environmental Enhancement
and Mitigation Program (EEMP) for the 2009/10 grant cycle. This program, as provided by Streets
and Highway Code Section 164.56, authorizes the allocation of up to $10 million each year for
grants to mitigate the environmental impacts of modified or new public transportation facilities.
Grants for individual projects are generally limited to $350,000.
The Natural Resources Agency (Agency) prescribes procedures and criteria to evaluate grant
proposals and then submits a list of proposals recommended for funding to the California
Transportation Commission (CTC). The CTC annually awards reimbursement grants to fund
proposals from the Agency's list. Caltrans then administers the grant agreement.
Staff proposes to apply for these grant funds to landscape existing medians on Chester Avenue
between W. Columbus Street and the north side of the Kern River to provide "above and
beyond" the required landscape replacement associated with the North Chester Avenue Bridge
Reconstruction Project.
The attached Resolution authorizes staff to execute and submit the EEMP grant application and
necessary agreements and documents required by the Natural Resources Agency.
gl
G:\GROUPDAT\ADMINRPT\2009\12-16\EEMP Grant - Admin.docx
1 1 /23/2009 9:22 AM
9 ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8,k,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Purchase of Holmatro Rescue Equipment.
1. Resolution determining that Holmatro rescue equipment cannot be
obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed
$63,000.00.
2. Approve the purchase of replacement Holmatro rescue equipment from
FS3 in the amount of $63,000.00.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the
purchase.
BACKGROUND: Holmatro rescue equipment has been used by the City of Bakersfield Fire
Department for over ten years. The equipment has an excellent track record and has
become the standard for the Fire Department. Holmatro rescue equipment is only available
from Fire Service Specification and Supply (FS3). Funds for the purchase of the Holmatro
rescue equipment units are in the FY 2009-2010 Adopted Budget.
Purchasing Division
SAPURCKADMIMAdmin 09-1 OWolmatro Rescue Equipment Sole Source, FS3, December 16, 2009.docx
A
o,
ADMINISTRATIVE REPORT
~1 Tf
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding territory Area 2-42 (5801 District Boulevard) 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. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 18, 2009, the Council adopted Resolution of Intention No. 1653
adding the above territory to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of parks and/or street landscaping. The area will be under park and/or
streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdivider(s)/developer(s) to be recorded with the subdivision map.
G:\GR0UPDAT\ADMINRPT\2009\ 12-16\Res Estab MD 2-42 Admin.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: m.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HE y
DATE: December 4, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution designating Amritsar, Punjab, India, a Sister City of the City of Bakersfield.
RECOMMENDATION:
Mayor recommends adoption of the Resolution.
BACKGROUND:
On behalf of the Bakersfield Sister City Corporation Mayor Hall has requested a resolution
formalizing a sister city relationship between Amritsar and Bakersfield. Representatives of Amritsar,
Punjab, India, suggested a Sister City relationship to the Bakersfield Sister City Project Corporation in
2001. Two years later they recommended the City of Amritsar, Punjab, India be considered for such a
relationship.
A number of official visits by official delegations have taken place between the cities of Amritsar
and Bakersfield between the years of 2006 and 2009, resulting in the mutual conclusion that a Sister City
relationship would be of benefit to the citizens of both cities.
Other sister cities include Wakayama, Japan; the Partisan District of Minsk, Belarus; Cixi, China;
Queretaro, Mexico and Bucheon City, Republic of Korea.
If the Resolution is adopted, a formal sister city agreement will be signed on December 25, 2009.
HLH/krt
V:IMAYORVIDMIN120091Amritssr. doc
December 4, 2009, 12:34PM
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent
ITEM S.A.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: November 30, 3009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and the demolishment of dangerous buildings and authorize
collection of the assessments by the Kem County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on December 14, 2009, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which
constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or
were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits
maintaining dangerous buildings. The property owners were notified and failed to comply with the notices
to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the
Director issued orders requiring the property owner to abate the public nuisance. The subject properties
are listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 809 Baldwin Farms Drive 516-091-03 $ 105.00
2. 802 S. Brown Street 019-142-08 $ 790.00
3. 812 S. Brown Street 019-142-06 $ 859.00
4. 816 S. Brown Street 019-142-05 $ 960.00
November 30,2W9, 11:19AM
S:\DanaWDMINS\2009\Dec\12-16-Property Abatement.doc
ADMINISTRATIVE REPORT Page 2 of 4
PROPERTY LOCATION APN COST
Ward 1/Counciimember Irma Carson
5. 1020 S. Brown Street 019-051-10 $ 1,186.66
6. 1021 S. Brown Street 019-053-11 $ 105.00
7. 1331 Chester Place 010-180-06 $ 1,100.00
8. 912 Fairview Road 412-220-13 $ 105.00
9. 1001 Hacienda Drive 170-240-26 $ 1,598.00
10. 120 Hayes Street 018-320-05 $ 300.00
11. 3407 Home Street 172-092-08 $ 685.00
12. 324 S. King Street 139-302-16 $ 875.00
13. 329 S. King Street 018-140-20 $ 875.00
14. 703 N Street 009-332-17 $ 650.00
15. 311 Northrup. Street 018-300-15 $ 300.00
16. 318 S. Owens Street 018-220-06 $ 675.00
17. 913 P Street 009-162-09 $ 650.00
18. 917 P Street 009-162-07 $ 674.00
19. 1301 Pacheco Road 412-231-01 $ 300.00
20. 898 Planz Road 022-172-01 $ 1,113.00
21. 1903 E. Planz Road 172-041-12 $ 300.00
22. 818 Q Street 009-202-03 $ 300.00
23. 1009 Q Street 009-052-04 $ 650.00
24. 1414 Richland Street 011-102-16 $ 740.00
25. 5319 Trabuco Canyon Drive 173-553-02 $ 300.00
26. 305 Wilkins Street 139-402-02 $ 759.00
27. 1118 2"d Street 010-240-16 $ 790.00
28. E. 10°i Street 139-121-02 $ 300.00
Ward 21Councilmember Sue Benham
29. 1212 California Avenue 006-440-14 $ 105.00
30. 6001 Cochran Drive 331-211-07 $ 300.00
31. 523 Eye Street 009-291-05 $ 675.00
32. 713 Eye Street 009-251-06 $ 700.00
33. 15 Flower Street 012-062-03 $ 800.00
34. 114 Irene Street 124-171-14 $ 725.00
35. 239 Irene Street 124-163-10 $ 1,185.00
36. 11 Lincoln Street 012-052-02 $ 869.00
37. 3421 M Street 120-120-09 $ 300.00
38. 3630 M Street 120-150-18 $ 850.00
39. 1721 Maple Avenue 007-195-15 $ 300.00
40. 605 Myrtle Street 007-296-04 $ 105.00
41. 190 Oleander Avenue 008-334-01 $ 849.00
42. 1021 Oregon Street 015-190-06 $ 105.00
43. 1509 Oregon Street 015-140-02 $ 300.00
44. 222 Owens Street 017-430-08 $ 300.00
45. 111310 Street 006-430-01 $ 300.00
46. 900 E. 21st Street 017-020-24 $ 300.00
November 30, 2009,11:19AM
S:UDana\ADMINSx20091Ded12-16-Property Abetementdoc
ADMINISTRATIVE REPORT Page 3 of 4
PROPERTY LOCATION AP. N COST
Ward 3/Councilmember Ken Weir
47. 3512 Arcadia Street 146-071-04 $ 799.00
48. 3717 Candlewood Drive 382-192-03 $ 105.00
49. 2905 Idaho Street 021-431-10 $ 690.00
50. 3217 Idaho Street 021-423-20 $ 105.00
51. 3300 Kaibab Avenue 383-151-22 $ 105.00
52. 3506 Mont Blanc Terrace 435-040-16 $ 890.00
53. 4113 Ridgemoor Avenue 146-112-07 $ 300.00
54. 1316 West Point Drive 021-192-17 $ 1,460.00
Ward 4/Counciimember David Couch
55. 11002 Alexander Falls Avenue 525-514-21 $ 740.00
56. 10702 Beaver Creek Drive 500-053-17 $ 725.00
57. 13405 Cheyenne Mountain Drive 529-155-06 $ 300.00
58. 2308 Exton Street 523-392-06 $ 105.00
59. 12500 Great Country Drive 528-391-04 $ 105.00
60. 10600 High Goal Place 526-074-12 $ 710.00
61. 12600 Locksley Drive 523-290-08 $ 300.00
62. 12309 Mezzadro Avenue 528-461-13 $ 300.00
63. 12501 Montbatten Place 528-433-09 $ 480.00
64. 12807 Montbatten Place 528-431-11 $ 850.00
Ward 51Councilmember Harold Hanson
65. 9825 Cimarron Trails Drive 394-042-06 $ 650.00
66. 11002 Grand Prairie Drive 497-274-02 $ 300.00
67. 10604 High Plateau Way 497-231-08 $ 300.00
68. 8404 Sargent Way 392-043-03 $ 105.00
Ward 6/Coucilmember Jacaule Sullivan
69. 6120 Chicory Drive 384-242-04 $ 769.00
70. 3709 Delaney Court 384180-20 $ 300.00
71. 3700 Ora Vista Avenue 440-151-04 $ 300.00
* 72. 6717 Shelby Loop 385-242-02 $ 5,400.00
73. 6602 Silver Moon Drive 498-682-08 $ 675.00
74. 3813 Soranno Avenue 440-172-07 $ 650.00
* Demolished structure
Ward 7/Councilmember Zack Scrivner
75. 3622 Bridget Avenue 514-731-01 $ 105.00
76. 3623 Bridget Avenue 514-73411 $ 105.00
77. 3626 Bridget Avenue 514731-02 $ 105.00
78. 3627 Bridget Avenue 51473410 $ 105.00
79. 3609 Canadian Street 405-203-09 $ 300.00
November 30, 2009,11:19AM
S:\Dana1ADMINS~2009\Ded12-18-Property Abatement.doc
ADMINISTRATIVE REPORT Page 4 of 4
PROPERTY LOCATION APN COST
Ward 7/Councllmemiber Zack Scrivner
80. 1215 Cates Street 516-413-04 $ 300.00
81. 1600 Clipper Hills Drive 516-352-05 $ 300.00
82. 7010 Felbridge Court 516-205-03 $ 105.00
83. 1404 Interlaken Drive 517-442-11 $ 300.00
84. 4713 Kaiser Peak Court 405-28431 $ 300.00
85. 7004 Kings Forest Court 515-362-14 $ 784.00
86. 5404 Marcy Street 372-391-12 $ 105.00
87. 4604 Napal Court 171-230-30 $ 779.00
88. 4501 Santa Cruz Street 171-161-16 $ 300.00
89. 1320 White Lane 025-122-22 $ 885.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
November 30, 2009,11:19AM
S:\Dana\ADMINS\20091Dec\12-16-Property Abetement.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8.0
TO: Honorable Mayor and City Council AJ"OVE
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA
DATE: December 3, 2009 CITY ATTORNEY /40..,
CITY MANAGER
SUBJECT: Memorandum of Understanding between City of Bakersfield and the Bakersfield Sports
Foundation to delineate the parties' obligations and responsibilities for hosting the 2010
Stage 5 Finish of the Amgen Tour of California.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Amgen Tour of California (ATOC) is a professionally sanctioned bicycle race that has been held
throughout California for the past four years. It is run by AEG Cycling (AEG), whose parent company
Anschutz Entertainment Group is one of the largest sports and entertainment promoters in the world. The
race consists of a number of Stages typically with a Stage Start in one city and a Stage Finish in another
city on the same day. Each Stage is approximately 100 miles long. Next year's race will be held May 16 -
23, 2010. Bakersfield has been selected to host the Stage 5 Finish on Thursday, May 20, 2010.
The Bakersfield Convention and Visitor's Bureau (CVB) assisted a Local Organizing Committee (LOC),
the Bakersfield Sports Foundation (BSF), in making a proposal to AEG to be a "Host City". The proposal
has been accepted and a City Participation Agreement (No.09-125) between the City and AEG was
approved by City Council on September 23, 2009. The City and the BSF have drafted an MOU which
delineates the obligations and responsibilities of the City and the BSF, including but not limited to,
accounting, financial, insurance and indemnification. The MOU will allow the BSF to conduct operations
for this event in a manner acceptable to the City.
S:\Admins\City Council\City Council Admins 2009-CVB\2010 ATOC MOU. Doc
12/312009 9:51 AM
A
4r
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.p
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD
DATE: December 04, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: 1. Approve agreement with Master K-9, Inc. to purchase two Police Service Dogs and
to train two Police K-9 handlers ($25,835.00).
2. Appropriate $33,420.00 Seized Asset Forfeiture Revenues to the Police Department
Operating Budget in the General Fund for the purchase of two Police Service Dogs,
initial 5 week training, lodging and per diem for two Police K-9 handlers.
RECOMMENDATION:
Staff recommends approval of agreement and appropriation.
BACKGROUND:
The Bakersfield Police Department K-9 Unit was established in 1988. During these last twenty-one years,
the unit has been responsible for thousands of arrests, from burglary to homicide suspects. The police K-
9, due to its strength, agility, courage, and amazing olfactory capabilities can be utilized to assist law
enforcement in various tasks in a more thorough and efficient manner. Because of these attributes, police
service dogs can be utilized to assist in searching for potentially violent criminals, aid in the apprehension
of fleeing criminals who may place innocent community members or other police officers at risk of injury.
The dogs also offer the department an effective public relations tool to disseminate information about the
police department's mission/functions/crime fighting efforts. In potentially dangerous situations, the police
K-9 can often assume the risk by preventing exposure of a police officer to a violent confrontation. And
finally, since all the K-9s are trained to detect narcotics contraband, they have located literally hundreds
and hundreds of pounds of marijuana, methamphetamine, cocaine, and heroin.
Until recently, the BPD K-9 unit has maintained a complement of nine cross-trained patrol dogs. Recently,
however, due to unexpected medical issues, two of our dogs have been taken out of service. Therefore,
the BPD would like to replenish the K-9 unit complement with two service dogs in patrol.
The cost of purchasing the two Police Service Dogs, 5 week initial handler training, lodging and per diem
for two officers is $33,420.00. These expenditures will be paid with asset forfeiture funds, and will not
have any impact on the General Fund. Asset forfeiture funds are generated through narcotics detection,
interdiction, suppression, and seizure, and are available for use by the Police Department to support law
enforcement activities.
9 ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ .
TO: Honorable Mayor and City Council
I'tIPPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD~44
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Consultant Agreements with S&K Engineering ($200,000), McIntosh & Associates
($200,000) and Meyer Engineering ($200,000) to provide "on-call" construction
inspection services for Development Projects and Capital Improvement
Program. (All Wards)
RECOMMENDATION: Staff recommends approval of agreements.
BACKGROUND: To expedite the delivery of the Capital Improvement Program (CIP) and to
supplement the demand for inspections related to development and subdivisions, staff
implemented an "on-call" inspection program in 1996. This program augments current
Construction Division staff by providing contract inspection services as needed for various
City inspection demands. The program has proven to be very effective in maintaining
staffing to provide timely response of the City's inspection responsibilities. These agreements
will allow these programs to continue and are for construction inspection services for
calendar years 2010 and 2011.
In November, 2009, staff sent a Request for Proposals to local engineering firms. On
November 12, 2009, six firms submitted responses: McIntosh and Associates, S&K Engineering,
Meyer Engineering, MNS Engineers, AECOM and Willdan.
After reviewing the submitted Statements of Qualifications and fee proposals, and based
primarily on qualification scores of individual inspectors and secondarily on hourly rates, staff
recommends approval of agreements with the following firms as being the most favorable to
the City:
S&K Engineering (one inspector)
McIntosh and Associates (three inspectors)
Meyer Engineering (two inspectors)
No appropriations are necessary since these agreements will be funded by either budgeted
capital improvement projects or by inspection fees collected from developers.
G:\GROUPDAT\ADMINRPM009\12-16\AdMin Repoftspec 2010-2011.docx
A
pF a rner
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: I3. >r
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Bakersfield Homeless Center ($153,504) for the Sorting of Green
Waste Material at the Mt. Vernon Green Waste Facility. (Ward 3)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Staff issued a Request for Proposals (RFP) to provide an annual contract for the
sorting of green waste material for the Mt. Vernon Green Waste Facility. The RFP was mailed to
28 different companies, but only two companies responded:
Luis Esparza Enterprises, Inc. in the amount of between $150,000 to $200,000 annually
Bakersfield Homeless Center in the amount of $153,504 annually
After a detailed review of both responses, staff recommends awarding the contract to the
Bakersfield Homeless Center. Although the annual cost of the project was very close in both of
these proposals, this agreement will create additional benefits to the local community by
providing employment opportunities and job skill development for homeless individuals who are
clients of the Bakersfield Homeless Center. Utilization of this work force fits with the City of
Bakersfield's 10 year plan to end homelessness by providing opportunities for homeless
individuals. The new contract will start January 4, 2010. Per agreement No. 08-087 with the
County of Kern, approximately 30% of the $153,504 budgeted will be funded by the County.
Sufficient funds are budgeted to fund this agreement.
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGE
R~~ _
SUBJECT: Consultant Agreement with Soils Engineering Inc. ($448,375.00) to provide materials
testing services for calendar years 2010 and 2011 (All Wards).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: As part of the construction Inspection of the City's Capital Improvement Program
projects, various materials used in that construction must be tested for compliance with the
projects' specifications. The City does not have the staff or the equipment necessary to perform
those tests or analyses. Therefore, the City has entered Into agreements with local testing
laboratories for providing the required services.
Staff requested Statements of Qualification and Proposals (SOQ&P) from material testing firms.
Four firms (BSK & Associates, Krazan & Associates, Soils Engineering Inc., and Salem Engineering
Group, Inc.) submitted their SOQ&P's to the City by November 12, 2009. Staff then reviewed
those statements of qualifications and fee proposals. As a result of that review, the staff selection
committee ranked the firms based on a combination of qualifications first and estimated fee
second.
Staff recommends award of this agreement to Soils Engineering Inc. based on the combination
of their qualifications and fee rates being the most beneficial for the City.
Funding for this agreement will be paid for through the actual projects that are currently
budgeted. No additional appropriations are anticipated.
December 3, 2009, 11:07AM
G:\GROUPDATWDMINRPT\2009\12-16\Solls On-call.doc
A
U p
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 4, 2009 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Reciprocal Surface Agreements with Chevron U.S.A., Inc. to lease space for
communications facilities. (Ward 3)
1. Agreement to lease space at Chevron's Warner Communications site located
at China Grade Loope Road, to maintain and operate City radio and
microwave equipment for communication purposes.
2. Agreement to lease space to Chevron at City's communications facility at 4200
Panorama Drive for communication purposes.
RECOMMENDATION: Staff recommends approval of agreements.
BACKGROUND:
On February 1, 1995, the City of Bakersfield entered into a 10 year license agreement with Texaco
Exploration and Production Inc. to lease space at Texaco's communication facility located at
China Grade Loop Road. The purpose of the agreement was to install and operate radio and
microwave equipment for the Police, Fire, Public Works, and Water Department operations.
Chevron U.S.A. Inc. has since acquired the Texaco communication site. On December 31, 2004
the license agreement expired and the City stopped paying rent. However, City has continued
to operate and maintain the radio and microwave equipment at the site with Chevron's
consent. The City owes Chevron $12,000 and will repay the amount over a five year period.
The new agreements, in lieu of paying annual license fee, will allow City and Chevron to lease
space at each others facilities for communication purposes for the next 10 years.
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 4, 2009 CITY ATTORNEY 4k
CITY MANAGER
SUBJECT: Utility Agreement with Pacific Gas and Electric Company ($117,425.00) for the relocation of
electric distribution facilities in conflict with City's Mohawk Street Extension Project -Westside
Parkway Phase 1. (TRIP) (Ward 2).
RECOMMENDATION: Staff recommends approval of Utility Agreement.
BACKGROUND: Pacific Gas and Electric Company owns and maintains an existing electric distribution
line within the limits of City's Mohawk Street Extension Project which requires relocation to accommodate
City's project. Currently, there are 11 poles in conflict with City's project with 5 of those located in a
private easement and outside the franchise area. Because of this prior easement, the project must pay for
part of this relocation. The total cost to perform this work is estimated to be $260,944.00 of which the City
shall pay $117,425.00.
There are sufficient funds budgeted to cover this relocation cost.
December 3, 2009,11:37AM
G:\GR0UPDAT\ADMINRPT12009\12-16\PG&E U011ty Admin.doc
A
U ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council PROV D
FROM: Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE: December 8, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approve Amendment No. 2 to Agreement 06-208 with Dokken Engineering,
($330,000.00 for a not to exceed total of $7,015,674.00) for Engineering Design Services
for the Westside Parkway Project Phase I and IV for the Thomas Roads Improvement
Program (TRIP). (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: Dokken Engineering is currently under contract (Agreement 06-208) to provide
Engineering Design Services (Final Construction Plans) for the Westside Parkway. The original
Agreement was for $4,413,674 for Phase I - Mohawk Street Extension from Truxtun Avenue to Rosedale
Highway. Amendment No. 1 to the Agreement was for $2,272,000 for the design work for Phase IV -
Truxtun Tie-in.
Several issues have arisen during the design of the Westside Parkway Phases I and IV which have
resulted in the need for work by Dokken beyond their original scope of work for this Agreement. These
issues include:
• Negotiations with one of the owners of property the City needed to acquire for the project
resulted in additional engineering analysis. These property owners requested review of
extensive project scenarios and proposals and how these would affect their property. Dokken
performed much of this analysis.
• The above property analysis resulted in changes to the Phase I construction plans after they
had been prepared. While these changes ultimately lowered the cost of the project, they did
result in some additional engineering work by Dokken.
• Dokken prepared plans for some petroleum pipelines and supporting facilities that had to be
relocated for the project. As these petroleum facilities had been in-place for many years prior
to the City buying the property for the project, the City had to pay for their relocation. The
relocation plans are normally prepared by the facility owner as part of the cost the City pays
them for the relocation. But to hasten the relocation of these petroleum facilities, Dokken
prepared these relocation plans for the Petroleum Company. So instead of paying the
Petroleum Company for this work, it was included as part of the scope of work for Dokken's
contract.
• After the Phase I design was completed, design work began on Phase IV. Phase IV is being
designed to accommodate any of the potential Centennial Corridor alignments currently
under consideration. These accommodations resulted in Dokken having to make some
changes to the Phase I plans that had already been completed.
Rev.: December 8, 2009, 3:54PM
G: IGROUPDATIADMINRPT\2009\12-18\Dokken Amendment 2A- Admin.doc
ADMINISTRATIVE REPORT
• Coordination with the many utility companies that had facilities that had to be relocated for
the project was more extensive and required more work by Dokken than originally
contemplated in their scope of work and the Agreement.
The proposed Amendment No. 2 is for work that was neither originally anticipated nor included in the
scope of work for Dokken, and involves both Phases I and IV. Amendment No. 2 is an increase of 4.9
percent from Dokken's current contract amount.
Adequate State and Local funds have been previously budgeted for this engineering work.
PW/Engr/rlt
Rev.: December 8, 2009, 3:54PM
G:\GR0UPDAT\ADMINRPT\2009\12-18\Dokken Amendment 2A- Admin.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: T. W .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD_,Gd~
DATE: December 2, 2009 CITY ATTORNEY 14C_,,1
CITY MANAGER-R_
SUBJECT: Amendment No. 3 to Agreement No. 06-345 with Valley Pacific Petroleum
Services, Incorporation ($4,000,000) revised not to exceed $16,000,000 and
extending term for one (1) year for the annual contract for gasoline and diesel
fuel. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On November 16, 2006, Council awarded the annual contract for gasoline
and diesel fuel to Valley Pacific Petroleum Services, Incorporated in the amount of $4,000,000;
renewable annually thereafter for four (4) consecutive one-year periods. On November 28,
2007, Council approved Amendment No. 1 extending the agreement for one (1) year and
adding $4,000,000 to the Agreement for a revised not to exceed contract amount of
$8,000,000. On December 17, 2008, Council approved Amendment No. 2 adding $4,000,000
for a revised not to exceed amount of $12,000,000 and extending term one year. If approved,
Amendment No. 3 will add $4,000,000 for a revised not to exceed amount of $16,000,000 and
will extend term one year to expire in 2010. Extending the Agreement allows the City to
continue purchasing the City's gasoline and diesel fuel at preferred contract pricing.
Purchasing Division
S.\PURCHIADMIMAmendments\Amendment #3 to Agreement 06-345, Valley Pacific Petroleum, AC Fuel, December 16, 2009.docx
December 2, 2009, 3:30PM
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: g. X.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 06-391 with Bradco Industrial Corporation
extending term for one year for the annual contract for wood grinding with no
dollar cost increase. (Ward 1)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On December 16, 2006, Council awarded the annual contract for wood
grinding to Bradco Industrial Corporation in the amount of $176,000; renewable annually
thereafter for four (4) consecutive one-year periods. On August 15, 2007, Council approved
Amendment No. 1 adding $383,000 for a revised not to exceed amount of $559,000 with no
extension of time requested. On December 12, 2007, Council approved Amendment No. 2
adding $400,000 for a revised not to exceed amount of $959,000 and extending term one
year. On November 19, 2008, Council approved Amendment No. 3 adding $100,000 for a
revised not to exceed amount of $1,059,000 and extending the term one year. If approved,
Amendment No. 4 will extend the Agreement one year to expire in 2010. Extending the
Agreement allows the City to continue to receive needed grinding and screening services at
the woodwaste facility.
Purchasing Division
S:\PURCMADMIMAmendmentsWmendment #4 to Agreement 06-391, Bradco, AC Wood Grinding, December 16, 2009.docx
December 2, 2009, 3:27PM
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: S• Y.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA
DATE: November 30, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 08-123 with AmCal Santa Fe Fund, L.P. for the
construction and development of approximately 3,000 square feet of
commercial/retail space and 55 affordable multi-family units at 701 Union Avenue -
Santa Fe Apartments to extend performance dates. (Ward 1)
RECOMMENDATION:
Staff recommends approval
BACKGROUND:
On June 25, 2008, the City Council approved an agreement with AmCal Santa Fe Fund, L.P for
$2,000,000 in HOME Investment Partnership funds for eligible predevelopment and construction
related costs for the development of 55 units of affordable family housing and approximately
3,000 square feet of commercial space at 701 Union Avenue.
AmCal has secured the funding for the construction of the affordable family housing units
through the California Tax Allocation Committee (CTCAC) and will be receiving Exchange Funds
from the CTCAC through the American Recovery and Reinvestment Act of 2009 (ARRA). In
addition, CTCAC requires a deed of trust to secure the $8.0 million financial interest In the project
and requires the lien position on the deed of trust be no less than a second position. This will
require the City to reduce Its position to not less than third on the property. CTCAC has agreed
to disburse up to 70% of the available funds at the beginning of construction. The balance of the
City's $2.0 million HOME funds will be contributed toward the project after the 70% disbursement
of CTCAC funds.
Due to the change in the financing requirements under the CTCAC program as referenced
certain dates included within the original Schedule of Performance require extension. The
following Is the new performance schedule for the project.
SAAdminsTity Council\City Council Admins 2009\amend #2 AmCal.doc
11/30/20091:49 PM
ADMINISTRATIVE REPORT Page 2
Activity Estimated Completion
Secure Project Financing December 2009
Construction Be ins January 2010
Prel-easing and Marketing of Units January 2010
Construction Completed May 2011
100% Occupancy and stabilization October 2011
In addition, City of Bakersfield building permits have been issued and all fees paid. No additional
funding for the project is requested by AmCal.
S:\Admins\City Council\City Council Admins 2009\amend #2 AmCal.doc
11/30/20091:49 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: 9.2.,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER____
SUBJECT: Amendment No. 1 to Agreement No. 08-208 with Precision Fertilizer Spreading
($247,000) revised not to exceed $357,250 and extending term for one (1) year
for the annual contract for hauling and spreading biosolids. (Wards 1, 6)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
,BACKGROUND: On November 19, 2008, Council awarded the annual contract for hauling and
spreading biosolids to Precision Fertilizer Spreading, in the amount of $110,250; renewable
annually thereafter for four (4) consecutive one-year periods. It is necessary to add additional
funds to this Annual Contract for hauling and spreading biosolids at Plant #2 and for
anticipated additional sludge cleanup necessary after the completion of the Plant 43
expansion. If approved, Amendment No. 1 will add $247,000 for a revised not to exceed
amount of $357,250 and will extend term one year to expire in 2010. Extending the Agreement
allows the City to continue performing this necessary and specialized service.
Purchasing Division
S:IPURCHWDMIN1Amendments\Amendment M1 to Agreement 08-208, Precision Fertilizer Spreading, AC Hauling & Spreading Biosolids,
December 16, 2009.docx
December 2, 2009, 3:34PM
A
d
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q-Qaf
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD r
DATE: November 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-225 with Muxlow Construction ($50,000 for a total
amount not to exceed $100,000) of Community Development Block Grant funds to provide
handicap access improvement services to qualified low-income residents in owner occupied
structures. (Ail Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City of Bakersfiield's consolidated Plan 2010 has identified home accessibility improvements as a high
priority with 78% of the disabled population falling under 80% of the City's median income level. On
October 7, 2009, the City Council approved an Action Plan amendment to include an additional $50,000 in
Community Development Block Grant funds for the Home Access (HA) Program. The Program provides
grants of up to $3,500 per household for constructing accessibility improvements/modifications. Up to
$1,000 of additional funds under the agreement are used to address the costs of complying with Federal
and State lead-based paint regulations for low income physically challenged residents who live in privately
owned residential structures.
Approximately 32 residential dwelling units are retrofitted each year under the HA Program. Types of
improvements include exterior ramps, handrails, grab bars, handicap toilets, and door widening.
This Amendment adds an additional $50,000 to the budget, which will allow the City's residents to
continue receiving the much needed handicap access improvements with an experienced and licensed
contractor.
S:1Admins%City CoundnCity Coundi Admins 2009Wuxiow HA amend #1.doc
11124120091:45 PM
V ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,6,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-237 with Pickinpaugh Concrete
Construction, Incorporated extending term for one year for the annual contract
for block wall repair with no dollar cost increase. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On December 17, 2008, Council awarded the annual contract for block wall
repair to Pickinpaugh Concrete Construction, Incorporated in the amount of $100,000;
renewable annually thereafter for four (4) consecutive one-year periods. If approved,
Amendment No. 1 will extend term one year to expire in 2010 with no dollar cost increase.
Extending the Agreement allows the City to continue repairing block walls as needed.
Purchasing Division
S:\PURCMADMIMAmendmentsWmendment #1 to Agreement 08-237, Pickinpaugh Concrete Construction, AC Block Wall Repair, December
16, 2009.docx
December 2, 2009, 11:44AM
..w ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $-Cc.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 1, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09-080 with, The Ramsay Group, LLC for consulting
services ($9,400 total not to exceed $74,350) in the preparation of the 2010-2015
Consolidated Plan, the Citizen Participation Plan, and the Analysis of Impediments to Fair
Housing Choices for the U.S. Department of Housing and Urban Development. (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On June 24, 2009, the City Council approved an agreement for consulting services with The Ramsay
Group, LLC to prepare the Consolidated Plan, the Citizen Participation Plan, and the Analysis of
Impediments (AI) to Fair Housing Choices. The process offers local jurisdictions the opportunity to shape
the various housing and community development programs into effective, coordinated neighborhood and
community development strategies. The Al is a comprehensive review of a jurisdiction's laws, regulations,
and administrative policies, procedures, and practices affecting the location, availability, and accessibility
of housing as it relates to fair housing choice. The Al is also a disclosure and review of impediments to
fair housing choice in the public and private sector.
The Economic and Community Development Department requests an amendment to the Ramsay Group
contract for an additional $9,400.00 to perform a rental audit as part of the Al. The rental audit tests for
discriminatory treatment of perspective renters in the City of Bakersfield and adds credibility to the Al in
relationship to the City's fair housing program. The consultant fees for the rental audit were inadvertently
omitted as part of the original Request for Proposals. The Economic and Community Development
Department has sufficient HUD funds within its budget to accommodate this request for additional
compensation.
The Ramsay Group, LLC was selected based on overall completeness of their proposal, cost, and
experience and performance in preparing Consolidated Plans, Citizen Participation Plans, Actions Plans,
and Analysis of Impediments to Fair Housing Choices. The total compensation of both agreements will
not exceed $74,350.00.
S:\Admins\City CounclACity Council Admins 2009\Admin 2010 Conplan Amend 1 To 09-080.Docx
1212/2009 10:50 AM
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ . dd.
TO: Honorable Mayor and City Council tPRVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 8, 2009 CITY ATTORNEY
CITY MANAGER_
SUBJECT: Amendment No. 1 and Contract Change Order No. 1 to Agreement No. PW 09-
159 with Solar Coatings, Inc. ($24,586.00; for a revised not to exceed amount of
$53,669.00) for roof repairs at the Bakersfield Sanitary Landfill Building (Ward 3).
RECOMMENDATION: Staff recommends approval of Amendment and Contract Change Order.
BACKGROUND: This construction project is to repair a roof failure that occurred over a portion
of the building at the former City landfill site. The building houses the landfill gas flare controls
and instruments. This building is not regularly occupied, but needs to be made safe and
weatherproof.
As construction commenced on the project, it was discovered that the existing wood-frame
roof trusses needed to be replaced. This condition was unknown at the time of contractor bid.
This is the first amendment and change order to be submitted for this project. This change order
will increase the contract by $24,586.
• Original Contract Amount = $29,083.00
Amended Contract Agreement after Change Orders = $53,669.00
Net Increase to date = $24,586.00
Sufficient funds are budgeted to fund this contract change order.
C:\DOCUME-1Mperalez\LOCALS-1\Temp\gwprint\CCO land Amend 1 Landfill Bldg Roof Repair.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ . e e.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: November 18, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment to agreement and appropriation of funds to prepare Environmental Impact
Report for General Plan Amendment/Zone Change No. 06-1877 (Bakersfield Commons
Project) located north of Brimhall Road, generally east and west of Coffee Road.
(Wards 2 and 4).
1. Amendment No. 2 to Agreement No. 07-021 with Christopher A. Joseph &
Associates ($51,055.00; not to exceed $461,055.00) for preparation of an
Environmental Impact Report.
2. Appropriate $51,055.00 (developer's contribution) to the Development Services
operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of amendment to the agreement and appropriation of funds.
BACKGROUND:
This additional amount of $51,055.00 for the EIR consultant plus $25,527 for staff administrative costs
totaling $76,582.00 has been deposited by the applicant, Latham & Watkins, LLP on behalf of World Oil
Corporation. The total contract amount with Christopher A. Joseph & Associates, the EIR consultant, is
$461,055.00. No City funding is required for this contract. This increase is necessary to associated
revisions to the environmental analysis which was not originally anticipated. The funds to cover the
consultant costs to process the EIR come from the project applicant.
The project consists of an amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan and concurrent Zone Change covering approximately 255 acres. The mixed-use project
includes approximately 1,650,000 square feet of retail commercial, 1,000,000 square feet of office
commercial, 345 multi-family dwelling units, and 80 single-family homes. The central design feature is
an upscale lifestyle retail center, restaurants, entertainment, and major tenants, in a walkable, highly-
amenitized setting. The Project would also provide a network of landscaped bike trails and pedestrian
walkways, creating ready access for vehicles, bicycles, and pedestrians, preserving a predominantly
pedestrian, outdoor-oriented sense of urban place that is linked to adjoining neighborhoods.
MO.Js # SAGPA 3rd 2009\08-1877 (Bakersfield Common EIR)\Agmements - Contracts\Budget Amendment 2\Ad R Amend to
agreement 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: - P.
TO: Honorable Mayor and City Council R D
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD .j~
DATE: November 23, 2009 CITY ATTORNEY
CITY MANAGER- sS
SUBJECT: Contract Change Order No. 1 to Agreement No. 08-117 with AC Electric
Company ($17,855.00, for a revised not to exceed amount of $315,950.00) for
the project known as Traffic Signal & Lighting, Mill Creek Linear Park - 19th and
21St Street (Ward 2).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the installation of traffic signals on 19th Street and 21:t
Street at the Mill Creek Linear Park pedestrian crossings.
This change order provides for the modification of the decorative traffic signal poles supplied for
this project. This project is the first time that this type of pole has been used for a traffic signal
application. During the installation of the traffic signal heads and the pedestrian push buttons, it
was discovered that the standard mounting hardware for these items did not properly fit on the
decorative traffic signal poles specified for this project. As such, a proper mounting surface had
to be added to these poles to receive the traffic signal equipment. These new mounting
surfaces were welded onto the existing poles which required these areas to be repainted with a
"powder-coat" process. The contractor has agreed to provide these modifications for the lump
sum price of $17,855.
This is the first change order to be submitted for this project. This change order will increase the
project total by $17,855.00 (which results in a 6.0% increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $298,095.00
• Amended Contract Agreement after Change Orders = $315,950.00
Net Increase to date = $ 17,855.00
RM (Constructbn)
December 8, 2009, 3:16PM
G:\GROUPDAT\ADMINRPT\2009\12-16\CCO 1 19th and 21st Street Traffic Signal Mill Creek - Revised.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council AfPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 23„ 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mill Creek Linear Park Phases 2, 4, 5A, and 5B (Ward 2):
1. Contract Change Order Nos. 11 and 12 to Agreement No. 09-031 with
Elite Landscaping ($303,147.00; for a revised not to exceed amount of
$3,530,388.71).
2. Transfer $291,000 from the Old Town Kern Redevelopment Project Area
Operating Budget to the Public Works Department's Capital Improvement
Budget within the Old Town Kern Project Area Fund.
RECOMMENDATION: Staff recommends approval of contract change order and transfer.
BACKGROUND: This project provides for the installation and construction of planters, hardscape,
landscape, lighting, and park amenities for the Mill Creek Linear Park.
Change Order No. 11 provides for the addition of a 6 foot wrought iron fence on top of the
retaining wall to be constructed along the west property line of 600 17th Street. This is necessary in
order to provide adequate security for the Synagogue located on this property while still
blending in with the overall aesthetics of the linear park. The contractor has agreed to provide
this feature for the lump sum price of $12,400.
Change Order No. 12 provides for the construction of a decorative facade wall along the west
property line of the linear park adjacent to the Mexicali restaurant. This wall is an added feature
to the linear park which will enhance the experience of the user by blending the existing spanish
theme of the restaurant with the existing theme of the linear park. The contractor has agreed to
construct this improvement for the lump sum price of $290,747.
The net cost increase of Change Orders 11 and 12 is $303,147.00. The change orders to date on
this project reflect a total cost increase of $448,488.71 (which is an increase of 14.6% of the
original contract amount) as illustrated below:
• Original Contract Amount = $3,081,900.00
• Amended Contract Agreement after Change Orders = $3,530,388.71
Net Increase to date = $ 448,488.71
An additional transfer of $291,000 is needed to fully fund this Contract Change Order.
RM
November 24, 2009, 9:09AM
G:\GROUPDAT\ADMINRPT\2009\12-16\CCOs 11-12 Mill Creek Park Amenities.doc
A
~ r
ADMINISTRATIVE REPORT
w
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.hh
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 24, 2009 CITY ATTORNEY -4~L:
CITY MANAGER
SUBJECT: Accept bids from Jack Gosch Ford in the amount of $96,935.64 for six
replacement gasoline powered midsized sedans for the Police Department.
RECOMMENDATION: Staff recommends acceptance of low bid.
BACKGROUND: Invitations to bid were sent to over 100 vendors for providing replacement
midsize sedans to be used by the Police Department. Staff requested bids for both midsized
gasoline powered sedans and hybrid powered sedans, if available. As part of the City's
'cleaner energy' program, Public Works staff has explored alternative clean air vehicles
whenever possible. As shown on the following table, the low bid for a gasoline powered
sedan was $16,155.94. The low bid for a hybrid sedan was $26,860.08. This is a difference of
$10,704.14 per sedan which is not prudent in light of our current budgetary climate. Staff will
continue to explore less costly 'cleaner energy' options. Eight bids were received in response
to the solicitation as follows:
Midsize Sedan Midsize Sedans
BIDDER Gasoline Powered Hybrid Option
(Total price per unit) (Total price per unit)
Jack Gosch Ford $16,155.94 26,860.08
Hemet, CA $
McPeek's Dodge of Anaheim
Anaheim, CA $16,209.82 NIA
Jim Burke Ford $17,296.19
Bakersfield, CA $27,361.27
HW Hunter, Inc. (Dodge) $17,538.76 N/A
Lancaster, CA
Theodore Robins Ford
Costa Mesa, CA $19,439.11 $31,227.95
Nissan of Visalia 21,836.28
Visalia, CA $ $28,055.24
Visalia Toyota $24,121.44 28,010.86
Visalia, CA $
Penske Toyota $24,511.14 $29,707.14
Downey, CA
November 24, 2009, 10:14AM
C:\DOCUME-1\gloren7j'\LOCALS- I\Temp\XPgrpwise\Four Door Midsize Sedans.doc
ADMINISTRATIVE REPORT
The six vehicles that need to be replaced have excessive miles. Staff recommends replacing
these six vehicles because of the higher operation and maintenance costs associated with a
vehicle with excessive miles.
November 24, 2009, 10:14AM
C:\DOCUME-1\glorenzi\LOCALS-1\Temp\XPgrpwise\Four Door Midsize Sedans.doc
,
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.it,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Flashco, Incorporated in the amount of $65,296.40 for traffic
cones, delineators and barricades for the Public Works Department, Streets
Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for traffic
cones, delineators and barricades to be used by the Streets Division. Seven (7) bids were
received in response to the solicitation as follows. A bid received from Capitol Barricade,
Incorporated was revoked after it was determined their bid was based on incorrect items.
Six (6) acceptable bids are listed below.
BIDDER AMOUNT
Flashco, Inc $65,296.40
Bakersfield, CA
Comade, Inc. $66,627.88
Irvine, Ca
United Traffic Services $72,938.85
Industry, CA
Alert-O-Lite $73,642.48
Fresno, CA
Dispensing Technology Corp $76,651.83
Moorpark, CA
Lightle Enterprises of Ohio $89,037.10
Frankfort, OH
Staff finds the low bid to be acceptable and recommends award of the bid to Flashco,
Incorporated, Bakersfield, in the amount of $65,296.40.
Purchasing Division
SAPURCMADMIMAdmin 09-1 Wraffic Cones, Delineators & Barricades, 09-10-30, December 16, 2009.docx
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8.j,i -
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY J~
CITY MANAGER )e,,
SUBJECT: Accept bid and award annual contract for the supply of polymers to Polydyne,
Incorporated in the amount of $46,807.30 for the Public Works Department,
Wastewater Division Plant #3. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and
authorization for staff to renew the agreement annually for four (4) consecutive one year
periods upon mutually agreeable terms.
BACKGROUND: Dissolved Air Flotation (DAF) thickeners were constructed as part of the
Wastewater Treatment Plant #3 expansion project, and currently the DAF units are in service.
The objective of flotation thickening is to separate solids from the liquid phase of the sludge.
To achieve this separation and to properly operate the DAF unit, the use of polymer is
necessary to condition the sludge. The use of polymer will promote coagulation of the sludge
solids and help thicken the sludge for DAF treatment. This contract is for the estimated annual
supply of polymers at Wastewater Treatment Plant #3.
Invitations to Bid were sent to over one hundred (100) suppliers for the Annual Contract for the
supply of polymers. Four (4) bids were received in response to solicitation and are as follows.
The contract is renewable annually for four consecutive one-year periods at the City's option
and upon mutually agreeable terms.
BIDDER AMOUNT
Polydyne, Inc. $ 46,807.30
Riceboro, GA
Ashland Hercules Water Technologies $ 62,579.33
Wilmington, DE
Amber Chemical, Inc. $ 94,123.38
Bakersfield, CA
Calpi, Inc. $110,912.95
Bakersfield, CA
Purchasing Division
SAPURCKADMIMAdmin 09-10WC for Supply of Polymers, 09-10-26, December 16, 2009.docx
December 2, 2009, 4:06PM
D ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: S. kR.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD , ~
DATE: December 3, 2009 CITY ATTORNEY PG
CITY MANAGER
SUBJECT: Purchase of Multimedia Display Systems for the Fire Department Operations
Center (DOC).
1. Appropriate $174,221 County Grant Revenue to the MMRS Grant.
2. Accept bid from ATK Services, Incorporated, in the amount of $86,970
for the purchase of multimedia display systems for the Fire Department
DOC.
RECOMMENDATION: Staff recommends appropriation of the Grant funding and authorization
of the purchase.
BACKGROUND: The FY 2008 Federal MMRS Grant for the City of Bakersfield is administered by
the Governor's Office of Homeland Security (OHS) with the funding passing through the
County of Kern's Operational Area. The City entered into a Memorandum of Understanding
With the County in December 2008 regarding this grant application. The reimbursement
period for this grant is from October 20, 2008 through May 31, 2011. These grant awards
provide major funding to further enhance and maintain preparedness for local response to
high-casualty events. The City is a sub-grantee of the grant awarded to the County.
The total grant award to the City of $321,221 is divided into three areas of funding; Equipment,
Planning and Training. The above appropriation covers the equipment and training portions
of the grant. The planning portion of the grant ($147,000), which will fund the salary of a fire
captain, was already incorporated into the 2009-10 General Fund operating budget during
the annual budget process. The remainder of the grant ($174,221) being appropriated as part
of this action will be used to provide the multimedia display system for the Fire DOC; staff
training related to emergency operations and HAZ MAT monitoring equipment.
Invitations to bid were sent to over six hundred (600) bidders for providing multimedia display
systems. Four (4) bids were received in response to the solicitation. Upon City staff review, it
was determined the lowest bid from Global Presenter is not acceptable due to the failure to
include the mandatory list of equipment for staff evaluation. The next lowest bid from ATK
Services, Inc. is considered acceptable by staff.
Purchasing Division
SAAdminlAdmin ReportsWultimedia Display Systems, December 16, 2009.docx
December 8, 2009,1:48PM
ADMINISTRATIVE REPORT
BIDDER AMOUNT
Global Presenter $ 73,765.00 Bid unacceptable - Did not provide list
Huntington Beach, CA list of equipment - staff unable to
evaluate
ATK Services, Inc. $ 86,970.00
Valencia, CA
Pacific West Sound $101,151.21
Bakersfield, CA
High-Tech Electric $154,000.00
Clovis, CA
Purchasing Division
S:WdminlAdmin ReportsWultimedia Display Systems, December 16, 2009.docx
December 8, 2009, 1:48PM
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM:-%.
I
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY D~
A~-
CITY MANAGER ~w
SUBJECT: Accept bid and award contract to A-C Electric Company ($211,866.40) for Traffic
Signal and Lighting System Installation on Union Avenue at Hosking Road
(Wards 1 and 7)
RECOMMENDATION : Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system as
well as modifying existing pavement markings, and striping and adding additional pavement.
Access ramps will be constructed to meet current American with Disabilities Act (ADA)
requirements.
The signal installation is federally funded through the Congestion Mitigation and Air Quality
(CMAQ) program; 88.53% of project cost is the federal share, and 11.47% is the local share. The
Engineer's Estimate for this construction contract was $203,000.00. Sufficient funds are budgeted
to award this project.
On September 30, 2009, a total of seven bids were received; all of those bids are acceptable.
A-C Electric Company
315 30th Street
Bakersfield, Ca 93301 (City) in the amount of $211,866.40
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, Ca 93308 (County) in the amount of $212,842.00
Turnupseed Electric Service, Inc.
5306 Aldrin Count
Bakersfield, California 93313 (City) in the amount of $233,878.65
PTM General Engineering Services
5942 Acom St Ave
Riverside, CA 92504 in the amount of $235,035.00
December 3, 2009, 4:06PM
G:\GROUPDAT ADMINRPT\2009\12-1MADMIN_T9K114 UnlonHosking_AC.doc
ADMINISTRATIVE REPORT
Christopher R. Morales, Inc
155 N Eucla Ave
San Dimas, CA 91773 in the amount of $244,000.00
Pro Tech Engineering, Corp.
3535 E Coast Hwy #325
Corona del Mar, CA 92625 in the amount of $295,424.25
MCH Electric, Inc
31084 S Hwy 33
Tracy, CA 95304 in the amount of $301,190.87
PW/Engr/rit
December 3, 2009, 4:08PM
G:\GROUPDAT\ADMINRPT\2009\12-18WDMIN_T9K114_UnionHosking_AC.doc
9 ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.mm.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Amber Chemical, Incorporated (not to
exceed budgeted amount of $75,000) for the annual contract for pool
chemicals. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and
authorization for staff to renew the agreement annually for four (4) consecutive one year
periods upon mutually agreeable terms.
BACKGROUND: Invitations to Bid were sent to over two hundred (200) suppliers for the Annual
Contract for pool chemicals. Three (3) partial bids and four (4) complete bids were received
in response to solicitation (spreadsheet attached). The bids solicited were based on a list of
various pool chemicals with estimated quantities. In this case, where the City does not intend
to split the bid award, the City determines the lowest overall bidder by multiplying the
supplier's unit price for each of the items by the estimated number of units for each item.
The actual budget available for pool chemicals is $75,000. The contract award is for a one
year period; renewable annually for four consecutive one-year periods at the City's option
and upon mutually agreeable terms. The four (4) complete bids received are listed below.
BIDDER AMOUNT
Amber Chemical, Inc. $ 40,207.95
Bakersfield, CA
Brenntag Pacific $ 54,343.67
Fresno, CA
Calpi, Inc. $ 73,353.99
Bakersfield, CA
Waterline Technologies, Inc. $111,796.27
Santa Ana, CA
Staff finds the low bid submitted by Amber Chemical, Incorporated, Bakersfield, to be
acceptable and recommends award of the contract in the amount of $75,000.
Purchasing Division
S:\PURCFMDMIMAdmin 09-10V►C for Pool Chemicals, 09-10-25, Amber Chemical, December 18, 2009.docx
December 3, 2009, 8:38AM
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: I. nn -
TO: Honorable Mayor and City Councit 6EPROVED
FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD
DATE: December 4, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $58,891.00 Federal Grant Revenues (FY2009-10 Sobriety Checkpoint Mini-
Grant Award from the state office of Traffic Safety) to the General Fund Police Operating
Budget, to fund overtime for DUI checkpoints in the Traffic Division.
RECOMMENDATION. Staff recommends approval of the proposed appropriation.
BACKGROUND:
On September 24, 2009 the Bakersfield Police Department was awarded $58,890.84 from the State
Office of Traffic Safety (O.T.S.) for the FY2009-10 Sobriety Checkpoint Mini-Grant Award.
The goal of the Sobriety Checkpoint Mini-Grant Program for FY2009-10 is to reduce the number of victims
killed and injured In alcohol-impaired crashes in participating cities. The Bakersfield Police Department
will conduct a total of six (6) sobriety checkpoints between the two mobilization periods (Winter Holiday
Mobilization -12/16/09 through 01/03/10, and the Labor Day Mobilization - 08/20/10 through 09/06/10).
\\c*masU mediraWbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 09-10\ADMIN RPT - (12-18-09) 2009 OTS SOBRIETY CHKPT MINI-GRANT
(SC10027).doc
12/8/2009 3:58 PM Pape 1 of 1
0 Alfa
O~ Mcoxroxne S
ADMINISTRATIVE REPORT -
gL1F ~
Tv¢;vm
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.Do.
TO: Honorable Mayor and City Council APPROVED
FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD
DATE: December 4, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $37,158.00 Federal Grant Revenues (FY2009-10 Next Generation - Click It or
Ticket Mini-Grant Program from the State Office of Traffic Safety) to the General Fund
Police Operating Budget, to fund overtime for seatbelt enforcement mobilization for the
Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
On October 29, 2009 the Bakersfield Police Department was awarded $37,158.00 from the State Office of
Traffic Safety (O.T.S.) for the FY2009-10 Next Generation - Click It or Ticket Mini-Grant Program.
The purpose of the Click It or Ticket Mini-Grant is to increase the number of seatbelt enforcement hours
during the state wide mobilizations in November 17-30, 2009, and May 24 - June 6, 2010. During these
mobilizations, the Bakersfield Police Department will be aggressively enforcing the state's occupant
protection laws. The campaign relies on heavy enforcement and public education as a means to help
California achieve the highest seat belt use rate in the nation. The goal of this campaign is to increase
seatbelt use, statewide to 96% by September 30, 2010.
11citynaslhomedirsldbranson\BPD1ADMIN RPTSWDMIN RPTS FY 09-101ADMIN RPT - (12-16-09) 2009 OTS CLICK-IT-OR-TICKET GRANT
(CT10027).doc
11/17/2009 1:47 PM Page 1 of 1
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: pro.
TO: Honorable Mayor and City Council APPROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: December 1, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $22,200 Fire Trust, Hazmat Penalty account to the Fire Department's
Operating Budget within the General Fund for purchases of Hazardous Materials equipment.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
Over the last several years the State has raised their standards and mandates on local
municipalities that operate Hazard Materials Response Teams. Meeting these mandates has
been difficult due to the restraints of our existing outdated Hazmat vehicle. However, with our
new Hazmat vehicle that we will be receiving soon, through a grant, it is our intent to maintain
the Standardized Equipment List (SEL) that has been implemented by the State of California.
The overall objective of the (SEL) is intended to establish a California standard and to promote
better interoperability and standardization between all Hazardous Materials Companies in the
State of California. Adoption and implementation of this SEL by emergency response agencies
will insure increased efficiency and incident intervention in the course of hazardous materials
response company mutual aid (and will aid in cost recovery). To accomplish this, there are a few
remaining items above and beyond our current cache of equipment that we need to purchase.
The equipment.to be purchased includes four radios, personal protective equipment and spill
response tools. This equipment is part of the State recognized criteria needed to certify our
Hazardous Materials Type 'II team. Due to Bakersfield's geographical isolation, it is prudent to be
self-sufficient for a period of time. The work performed by the Hazardous Materials Type II team
can be charged to a responsible party, if identified, or be reimbursed by the State during a
declared disaster.
The proposed funding source is the Fire Trust Hazmat Penalty Account. Funds in this account are
the result of administrative penalties paid to the City in accordance with the California Health &
Safety Code section 25404.1.1(1). The qualifier on the use of these funds is they "shall be
expended to fund the activities of the Unified Program Agency in enforcing this chapter."
December 3, 2008, 12:14PM
SA Admin Reports\Haz mat Penalty Account.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Quitclaim of an overflow parking easement to K. Hovnanian at Bakersfield 463, LLC,
a California limited liability company and the Bakersfield City School District, a political
subdivision of the State of California over land adjacent to the Mesa Marin softball complex.
(Ward 3)
RECOMMENDATION: Staff recommends approval of quitclaim.
BACKGROUND:
In March of 2002, the City acquired the property commonly known as the Mesa Marin softball
complex from Frank and Virginia Collins. As part the transaction, the Collins granted the City
an overflow parking easement on property they owned adjacent to the softball complex.
Subsequently K. Hovnanian purchased all of the Collins adjacent property to develop into a
residential subdivision. Recently, K. Hovnanian sold a portion of their property to the
Bakersfield City School District for two new schools sites. A small portion of that property was
encumbered by the overflow parking easement. It is the school district's desire to remove this
cloud over their title to allow for eventual development of their property.
Also, K. Hovnanian has agreed to convey to the City the underlying fee simple title to the
property encumbered by the overflow parking easement. This will allow the property to be
developed into soccer fields and/or other recreational uses. Further, they will pay for a title
insurance policy as part of the escrow.
December 3, 2009, 10:47AM
P:\MyFiies\Admin Reports\Mesa Marin KHOV QC.doc
DMA/s
O~ LD o.,
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: S.rr.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Audit Reports to be Referred to Budget and Finance Committee:
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2009.
2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2009.
3. Single Audit Report (Draft) - Schedule of Federal Expenditures for the City of Bakersfield for
the fiscal year ended June 30, 2009.
4. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2009.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2009.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2009.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
1. The City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the
Annual Audit Report, for the fiscal year ended June 30, 2009 will be provided to the City
Council at the Council meeting. A copy of the report will also be on file in the City Clerk's
office for review. The CAFR represents the City's financial statements as of June 30, 2009,
which are audited by the accounting firm of Brown Armstrong Paulden McCown Starbuck
Thornburgh & Keeter, Accountancy Corporation. The current compliance report issued by the
outside auditors indicates that the City complied, in all material respects, with accounting
principals generally accepted in the United States of America.
2. Attached is the Agreed Upon Conditions Report. designed to increase efficiency, internal
controls and/or financial reporting. The current report identified several control conditions and
recommendations for improvement.
1 of 2
S.Wdmin%dmin Reports12009 CAFR refer to bud.doc December 9, 2009, 11 12AM
3. Attached is a draft of the City's Single Audit Report for the fiscal year ended June 30, 2009.
The Single Audit Report pertains to federal program monies expended by the City during the
specked fiscal year. An Independent Audit is performed annually to review internal control
procedures and compliance with federal guidelines in accordance with Office of Management
& Budget (OMB) Circular A-133. This annual audit was performed by Brown Armstrong
Paulden McCown Starbuck Thornburgh & Keeter, Accountancy Corporation as part of their
contract to provide auditing services to the City of Bakersfield. The current compliance report
issued by the outside auditors indicates that the City complied, in all material respects, with
federal program guidelines. We expect the final report to be available for the Budget and
Finance Committee meeting.
4. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the
Bakersfield Subregional Wastewater management Plan. The City's compliance with contract
requirements is audited on an annual basis. The current Compliance Report, issued by the
outside auditors, indicates that the City was twenty-four days late in submitting a tentative
budget to the Technical Advisory Committee for their review and approval. There were no
other audit findings.
5. Attached is a letter from the City's independent auditors Brown Armstrong Paulden McCown
Starbuck Thornburgh & Keeter, Accountancy Corporation indicating they have completed their
annual review of the Appropriations Limit Worksheet prepared by the City in accordance with
Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is
performed by the auditors as part of their contract to provide auditing services to the City of
Bakersfield. The agreed upon review procedures are substantially less in scope than an audit
and therefore no audit opinion is expressed regarding the calculation.
6. Attached is the independent audit report for the Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal
year ended June 30, 2009. This audit report presents the financial statements for this
operational unit as of June 30, 2009. The City is under contract with SMG to manage the
Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse
Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an
independent audit report to the City after the end of each fiscal year. This audit report was
prepared by the accounting firm of Barbich, Longcrier, Hooper & King.
2 of 2
S:1AdminWdmin Reports12009 CAFR refer to bud.doc December 9, 2009, 10:44AM
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: S. SS .
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER-
SUBJECT: Fiscal Year 2008-2009 Annual Compliance Report for Park Impact Fees prepared in
accordance with California Government Code §66006. (All wards)
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2008-2009
Annual Compliance Report for Park Impact Fees (Report will be made available at the
Recreation and Parks Department).
BACKGROUND: Attached is the City's annual compliance report for Park Impact Fees for the
fiscal year ended June 30, 2009 prepared in compliance with California Government Code
§ 66006.
On November 7, 1990, Council adopted a park development and improvement fee program for
the purposes of developing and improving parks and recreational facilities serving the residential
development within the City of Bakersfield. Fees are collected based on the development's
share of cost to develop, improve, construct or enhance a public park.
On April 19, 1995, Council established an orderly process for the dedication, reservation and
acquisition of park land within the city for the purpose of supplying public parks and recreation
facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof,
at the option of the Advisory Agency, for park or recreational purposes.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 13, 2010 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
jln
C:kDOCUME-1~sforsythlLOCALS-1\TempWParpwise%Park Impact Fee.doc
ADMINISTRATIVE REPORT _
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: g •f1,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGE SUBJECT: Fiscal Year 2008-2009 Annual Compliance Report for Transportation Impact Fees
prepared in accordance with California Government Code §66006 (All wards).
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2008-2009
Annual Compliance Report for Transportation Impact Fees (Report will be
made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees
for the fiscal year ended June 30, 2009 prepared in accordance with California Government
Code §66006.
In April 1992, Council adopted a transportation impact fee program to fund improvements to the
Metropolitan Bakersfield transportation system necessary to accommodate future growth. In
January 1997, Council adopted Phase II of this program, which was designed to fund more
projects and eliminate the need for developers to provide transportation impact studies for most
projects. In September 2003, Council adopted Phase III of this program with the intent of
updating the program and encouraging in-fill development by creating a Core and Non-Core
area within the Metropolitan Bakersfield General Plan limits including individual fee structures for
the respective areas. In July 2009, Council approved Phase IV of this program which adopted a
regional program and projects development through 2035. It is important to note that the
attached Annual Compliance Report does not include Phase IV fees since these fees went into
effect after June 30, 2009.
Government Code Section 66006 requires that the local agency shall, within 180.days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 13, 2010 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
as
G:%GROUPDATUDMINRPT20O9\12-18\TIF annual compliance report admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.ua•
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 30, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Fiscal Year 2008-2009 Annual Compliance Report for Bridge Crossings and Major
Thoroughfare Fees prepared in accordance with California Government Code
§66006 (Wards 3 and 6).
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2008-2009
Annual Compliance Report for Bridge Crossings and Major Thoroughfare
Fees (Report will be made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Bridge Crossings and Major
Thoroughfare Fees for the fiscal year ended June 30, 2009 prepared in accordance with
California Government Code §66006.
A local ordinance may require the payment of a fee as a condition of approval of a final map or
as a condition of issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or constructing major
thoroughfares (GC §66484).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 13, 2010 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
ps
G:\GROUPDATWDMINRPT12009\12-16\MBTA annual compliance report admin.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: j w.
TO: Honorable Mayor and City Council APP OVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 3, 2009 CITY ATTORNEY
CITY MANAGER-
SUBJECT: Fiscal Year 2008-2009 Annual Compliance Report for Planned Drainage Area Fees
prepared in accordance with California Government Code §66006 (Wards 1, 3, 4,
5, and 7).
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year
2008-2009 Annual Compliance Report for Planned Drainage Area
Fees (Report will be made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees
for the fiscal year ended June 30, 2009 prepared in accordance with California Government
Code §66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood drainage areas. (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 13, 2010 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
Ps
GAGROUPDATWDMINRPT\2009\12-18\PDA annual compliance report admin.doc
A
oq
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Consent Calendar
ITEM: 19-00.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
r
DATE: December 7, 2009 CITY ATTORNEY Dom.
CITY MANAGER ICS
SUBJECT: Fiscal Year 2008-2009 Annual Compliance Report for Planned Sewer Area Fees
prepared in accordance with California Government Code §66006 (Wards 1, 4, 5,
6, and 7).
RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year
2008-2009 Annual Compliance Report for Planned Sewer Area Fees
(Report will be made available at the Public Works Department).
BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for
the fiscal year ended June 30, 2009 prepared in accordance with California Government Code
§66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local
sanitary sewer areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
After the public review period, the Annual Compliance Report will go before the City Council at
the January 13, 2010 meeting for review of the Report. Pursuant to Government Code Section
66006, a local agency shall review the information made available to the public at the next
regularly scheduled public meeting but not less than 15 days after this information is made
available to the public. Therefore, no council action is required at today's meeting other than to
make the information available to the public.
Ps
G:\GROUPDAT\ADMINRPT\2009\12-16\PSA annual compliance report admin.doc
A
,
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Hearing
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD r'g
DATE: November 4, 2009 CITY ATTORNEY p4&
&
CITY MANAGER Iw
SUBJECT: Underground Utility District (Wards 1 and 2):
1. Public hearing as required by Resolution of Intention No. 1651 declaring the
City's intention to order the establishment of Underground Utility District No. 2,
Division 33 (California Avenue - "S" Street to Union Avenue).
2. Resolution establishing Underground Utility District No. 2, Division 33 (California
Avenue - "S" Street to Union Avenue).
RECOMMENDATION: Staff recommends overriding protests and adopting Resolution establishing
Underground Utility District No. 2, Division 33 (California Avenue -"S" Street
to Union Avenue).
BACKGROUND: The City Council approved Resolution of Intention No. 1652 on November 18,
2009 which set the public hearing for December 16, 2009. The hearing has been duly advertised
and the property owners notified as required by law.
This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A
regulations regarding underground utility districts. All overhead lines in the area of California
Avenue between "S" Street and Union Avenue shall be removed and shall be placed
underground. The district encompasses California Avenue between "S" Street and Union Avenue
and the parcels with direct frontage on this section of California. The district will be constructed
with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also be used, if necessary, to
pay for private panel conversions.
mps
November 16, 2009, 1:31PM
G:\GROUPDAT\ADMINRPT\2009\12-16\2-33Est.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Hearing
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 5, 2009 CITY ATTORNEY D ,
CITY MANAGER ~J
SUBJECT: Underground Utility District (Wards 1 and 2):
1. Public hearing as required by Resolution of Intention No. 1652 declaring the
City's intention to order the establishment of Underground Utility District No. 2,
Division 34 (Calloway Drive - Hageman Road to Meacham Road).
2. Resolution establishing Underground Utility District No. 2, Division 34 (Calloway
Drive - Hageman Road to Meacham Road).
RECOMMENDATION: Staff recommends overriding protests and adopting resolution establishing
Underground Utility District No. 2, Division 34 (Calloway Drive - Hageman
Road to Meacham Road).
BACKGROUND: The City Council approved Resolution of Intention No. 1651 on November 18,
2009 which set the public hearing for December 16, 2009. The hearing has been duly advertised
and the property owners notified as required by law.
This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A
regulations regarding underground utility districts. All overhead lines in the area of Calloway
Drive between Hageman and Meacham Roads shall be removed and shall be placed
underground. The district encompasses Calloway Drive between Hageman and Meacham
Roads and the parcels with direct frontage on this section of Calloway Drive. The district will be
constructed with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also be used, if
necessary, to pay for private panel conversions.
mps
November 16, 2(X39, 1:31 PM
G:\GR0UPDAT\ADMINRPT\2009\ 12-16\2-34Est.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Hearings
ITEM: Ac- .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD'
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of Beale Avenue (old alignment) from the north
right of way of East Truxtun Avenue to the north right of way of the BNSF Railroad.
(Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield is proposing to vacate Beale Avenue (old alignment)
from the north right of way of East Truxtun Avenue to the north right of way of the BNSF
Railroad. The City of Bakersfield desires a Pre-Rule Quiet Zone on the Burlington Northern Santa
Fe Rail Corridor, Mojave Subdivision, from L Street to Sumner Street. As part of the requirements
to establish a Quiet Zone, the City was required to submit a detailed plan to the Federal
Railroad Administration. The detailed plan included the closure of the highway/rail at-grade
crossing at BNSF/Beale Avenue. In order to meet the requirements to establish the Quiet Zone,
the City has to reduce the Risk Index for this segment of railway to below the National Average
Risk Index. The closure of this crossing is necessary to lower the Risk Index to below the
National Average.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are no City storm drain facilities in the
vacating area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
Easements for public utilities, including City sewer, will be provided over those areas of the
vacated streets as shown on Exhibits "A" and "B" and as needed.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on October 27, 2009 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code 65402.
December 2, 2009, 11:02:49 AM
G:\sub\SHARED\Street Vacations\Beale & Truxtun RR\Admin Report - Final Hearing.doc
ADMINISTRATIVE REPORT
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
Resolution of Intention No. 1648 declaring intention to order said proposed street vacation was
adopted by City Council at the regular meeting of November 4, 2009.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
December 2, 2009, 11:02:49 AM
G:\sub\SHARED\Street Vacations\Beale & Truxtun RR\Admin Report - Final Hearing.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Hearings
ITEM: d.
TO: Honorable Mayor and City Council APPROVj
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD'
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of that portion of right of way of E. 21St Street
and Gage Street to 10' north and 10' south of the centerline of the existing tracks
of the BNSF Railroad. (Ward 2)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The City of Bakersfield is proposing to vacate that portion of right of way of E.
21 st Street and Gage Street to 10' north and 10' south of the centerline of the existing tracks of
the BNSF Railroad. The City of Bakersfield desires a Pre-Rule Quiet Zone on the Burlington
Northern Santa Fe Rail Corridor, Mojave Subdivision, from L Street to Sumner Street. As part of
the requirements to establish a Quiet Zone, the City was required to submit a detailed plan to
the Federal Railroad Administration. The detailed plan included the closure of the
highway/rail at-grade crossing at BNSF/Gage Street/21St Street. In order to meet the
requirements to establish the Quiet Zone, the City has to reduce the Risk Index for this segment
of railway to below the National Average Risk. Index. The closure of this crossing is necessary to
lower the Risk Index to below the National Average.
City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are no City sewer or storm drain facilities
in the vacating area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
Easements for public utilities will be provided over those areas of the vacated street as shown
on Exhibits "A" and "B" and as needed.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on October 9, 2009 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield
2010 General Plan pursuant to Government Code 65402.
12/3/2009 10:54:27 AM
G:\sub\SHARED\Street Vacations\Gage & 21 st RR\Admin Report - Final Hearing.doc
ADMINISTRATIVE REPORT
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
Resolution of Intention No. 1649 declaring intention to order said proposed street vacation was
adopted by City Council at the regular meeting of November 4, 2009.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
12/3/2009 10:54:27 AM
G:\sub\SHARED\Street vacations\Gage & 21 st RR\Admin Report - Final Hearing.doc
A
ADMINISTRATIVE REPORT
P
MEETING DATE: December 16, 2009 AGENDA SECTION: Hearings
ITEM: h• e .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD 6)
DATE: November 18, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving the issuance of tax exempt multifamily housing revenue bonds
by the California Municipal Finance Authority to benefit CIC South Mill Creek, L.P.
(Chelsea Investment Corporation) for the acquisition and construction of a 70-unit
multifamily housing project located at 1401 S Street, Bakersfield, California known as
the South Mill Creek Apartments. (Ward 2)
RECOMMENDATION:
Staff recommends conduct hearing and adopt the resolution.
BACKGROUND:
The City has received a request from the California Municipal Finance Authority (CMFA) to
conduct a public hearing as required by the Internal Revenue Code in order to issue tax exempt
multifamily housing revenue bonds in an aggregate amount not to exceed $10,500,000 on behalf
of Chelsea Investment Corporation ("CIC"). The proceeds of the Bonds will be used to finance
the acquisition, construction and development of a 70 unit multifamily housing rental facility
located 1401 S. Street in Bakersfield, California. The facilities are to be owned by CIC South Mill
Creek, L.P. (the "Borrower"), a California limited partnership.
The bonds would be tax-exempt private activity bonds of the purposes of the Internal Revenue
Code and the as such, require the approval of the elected body of the governmental entity
having jurisdiction over the area where the project to be financed is located. The City will not be
under any obligation to reg_ay the bond indebtedness.
In order for the CMFA to issue such Bonds, the City must (1) conduct a public hearing allowing
members of the public to comment on the proposed Project, and (2) approve the CMFA's
issuance of Bonds on behalf of the proposed financing. Although the Authority (not the City) will
be the issuer of the tax-exempt revenue bonds for the Project, the financing cannot proceed
without the City approving the issuance of indebtedness.
SAAdmins\Clty CouncIRClty Council Admins 20091TEFRA Chelsea.doc
11118/20091:53 PM
ADMINISTRATIVE REPORT Page 2
The CMFA is a California joint exercise of powers authority, organized and existing under the laws
of the State of California (specifically, California Government Code Section 6500 and following).
Under the California Government code, cities and counties are authorized to form by agreement
a governmental entity that combines the powers of such entities to perform certain
governmental functions specifically outlined in the Agreements with respect to the CMFA, over
100 municipalities, including the city of Bakersfield have entered into and executed the
Agreement to become member of the CMFA. The CMFA is authorized to assist in the financing of
affordable housing projects.
The bonds to be issued are for the South Mill Creek Apartments. The project developer is Chelsea
Investment Corporation (CIC). CIC has developed multiple affordable housing projects across
the state. South Mill Creek Apartments will provide affordable housing to 70 families and its
amenities include a clubhouse, BB9 area, basketball courts, and 114 parking spaces.
There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed
financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-
exempt revenue bonds are payable solely out of the revenues derived by the Borrower from the
applicable Project. No financial obligations are placed o the City for project financing costs or
debt repayment.
S:\Admins\City Council\Clty Council Admins 2009\TEFRA Chelsea.doc
11/18/20091:53 PM
9 ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Hearings
ITEM: ll
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD_ "
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of the west 112' portion of alley right of way
easement recorded July 13, 1988 in Book 6142, Page 104, located east of H
Street between 8th Street and l 0th Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City has received a request to vacate the west 112' portion of alley right
of way easement recorded July 13, 1988 in Book 6142, Page 104, located east of H Street
between 8th Street and l 0th Street.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are no City storm drain facilities in the
vacating area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
Easements for public utilities, including City sewer, and public access will be provided over
those areas of the vacated streets as shown on Exhibits "A" and "B" and as needed.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on October 2, 2009 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
Resolution of Intention No. 1647 declaring intention to order said proposed street vacation was
adopted by City Council at the regular meeting of November 4, 2009.
Notice of this public hearing has been duly advertised and posted as required by law.
December 2, 2009, 10:37:32 AM
G:\sub\SHARED\Street Vacaftons\St. Francis Church\Admin Report - Final Hearing.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Hearings
ITEM: I.
TO: Honorable Mayor and City Council APPROVED
1`0 k,
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of remaining dedication of Comanche Drive
(old alignment), south of State Highway 178. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City has received a request to vacate the remaining dedication of
Comanche Drive (old alignment), south of State Highway 178. The purpose of this vacation is
for future proposed development of the southwest comer of Comanche Drive and State
Highway 178. The purpose of this vacation is for future proposed development of the
southwest corner of Comanche Drive and State Highway 178. The California Department of
Transportation mandated that there be no more than one driveway/intersection between the
new alignment of Comanche Drive and the intersection to the west going into the existing
subdivision.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are no City sewer or storm drain facilities
in the vacating area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
Easements for public utilities will be provided over those areas of the vacated street as shown
on Exhibits "A" and "B" and as needed.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on October 26, 2009 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
December 3, 2W9, 11:15AM
G:\sub\SHARED\Street Vacations\Old Comanche Drive\Administration Report - Final Hearing.doc
ADMINISTRATIVE REPORT
Resolution of Intention No. 1644 declaring intention to order said proposed street vacation was
adopted by City Council at the regular meeting of November 4, 2009.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
December 3, 2009, 11:15AM
G:\sub\SHARED\Street Vacations\Old Comanche Drive\Administration Report - Final Hearing.doc
B
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Public Hearings
ITEM: 11. h .
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD
DATE: December 8, 2009 CITY ATTORNEY t/i-
CITY MANAGER /W
SUBJECT: Resolution adopting fees pursuant to the cost recovery program.
RECOMMENDATION:
Staff recommends adoption of the resolution following the public hearing.
BACKGROUND:
State law requires new fees and charges and increases in existing fees and charges to be
adopted by ordinance or resolution following a public hearing on said fees and charges. This
process is done at least every two years to stay current with actual costs involved in providing the
program or facility. Chapter 3.70 of the Bakersfield Municipal Code (BMC) authorizes the
establishment and increase of fees and charges by resolution for the City. In accordance with
Chapter 3.70 of the BMC, the adoption of new, revised and increased fees and charges is
necessary for the City to recover the reasonable estimated cost of providing the services for
which the fees are charged. In some cases, where appropriate, fees have been lowered.
The Department of Recreation and Parks has recently experienced several changes that warrant
fee adjustments for services and revisions in existing fees. The proposed fee submittals accomplish
the following:
1. Addition of New Fees
New fees are being proposed for new sports facilities that have been or will soon be completed,
new programs being offered, and expansion of existing programs. Some of the new sports
facilities include Mesa Marin (to open in 2010) and Saunders Multi-Use Facility (Recreation and
Parks Department has taken over operations). Existing park amenities that will be available for
rent comprise of tennis courts, outdoor basketball courts, horseshoe pits, and sand volleyball.
Aquatic aerobics will be a new program that will be offered at the McMurtrey Aquatic Center.
December 8, 2009, 12:02PM
C:\DOCUME-l\sforsyth\LOCALS-11Temp\XPgrpwise\Master Fees.doc
ADMINISTRATIVE REPORT
II. Revision of Existing Fees
Several existing fees need to be revised to adjust for the materials, supplies, and labor costs that
have increased since the last revision which occurred in 2007. In addition, City Youth programs
are being adjusted to include the cost of pictures into the price of the program.
III. Streamlining of Resident/Non-Resident Fees
A fundamental change in the recommended fee structure is the non-resident fees. The fee
calculations in the past for non-residents were cumbersome and arbitrary, varying from $5 (for an
additional hour for a park area) to $100 (for a family season pass at McMurtrey Aquatic Center).
A flat $25 non-resident fee has been recommended to be added to the fee for facility rentals,
reservations, and tournaments. For program fees (such as Youth Day Camp fee), a flat $10 non-
resident fee will be added to the base fee.
IV. Restructuring Facility Fees
The methodology used in the current fee schedule on park area rentals has been revised to
address several issues, resulting in a major decrease of fees for some facility rentals, especially at
The Park at River Walk.
Currently, residents and non-residents are able to reserve a park area for the minimum 4 hour
block. One hour is allowed within reservations so that Park staff has time to cleanup the site for
the next reservation. Residents have taken advantage of the hour that goes on before and after
their reservation to continue their gathering. This has caused major conflicts and arguments with
users who share a park in sequential time blocks. Restructuring the current fee to a half-day or a
full-day reservation will help address this issue. Additional benefits of restructuring the fee includes
a reduction in rental costs, better turnover of the park sites, and better customer service.
The revision of park area rentals will also address the issue of charging different fees for the
different areas within the Park at River Walk. Residents have found this to be unclear and
inconsistent. The proposed fee will charge a flat fee for a half-day and a flat fee for a full-day
reservation for any area in the park. Overall, this proposed fee will decrease for all park area
rentals. For illustration, the following depicts how the new fee will impact The Park at River Walk:
2009
Current Proposed Increase
Fees Fees (Decrease)
• Total for a half-day, 7 hour park reservation $175 $150 ($25)
Areas 1, 2, 5, 6 6
• Total for a full-day, 14 hour park reservation $350 $300 ($50)
Areas 1, 2, 5,16
• Total for a half-day, 7 hour park reservation $264 $150 ($114)
Areas 3, 4, i 7
• Total for a full-day, 14 hour park reservation $530 $300 ($230)
Areas 3, 4, L 7
December 8, 2009, 12:02PM
C:\DOCUME-1\sfbmyth\LOCALS-1\Temp\XPgrpwise\Master Fees.doc
ADMINISTRATIVE REPORT
The City Council may wish to further review any of the fees included in this report. If so, staff
requests that the remainder of the fees, as described above, be approved at this time.
Please refer to the attached report for further details.
jin
December 8, 2009, 12:02PM
C:%DOCUME-lWfbmyth%LOCALS-1\TempWPgrpwiseWaster Fees.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 16, 2009 AGENDA SECTION: Reports
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 23, 2009 CITY ATTORNEY
CITY MANAGER l~
SUBJECT: Update on Capital Improvement Program Budget
RECOMMENDATION:
BACKGROUND: The Public Works Director will present a mid-year report on the capital
improvement program.
G:\GROUPDAIIADMINRPT\2009\12-16\CIP Report.doc
Q~ CO OR4
BAKERSFIELD CITY COUNCIL
U O
MINUTES
MEETING OF NOVEMBER 18, 2009
1 0
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,
Couch, Hanson, Sullivan (seated at 5:17
P.M.)
Absent: Councilmember Weir
2. INVOCATION by Pastor Charles Barefield, Sr., Lily of the
Valley Church of God in Christ.
3. PLEDGE OF ALLEGIANCE by Taher Shakir, 3rd grade
student at Thorner Elementary School
Mayor Hall recognized the students in attendance at
the meeting from the Ridgeview High School
Government Class to learn about City Government.
4. PRESENTATIONS
a. Presentation by Javier Lozano, Human
Resources Manager to department winners of
the 2009 Excellence in Action Awards and the
Extra Mile Award in recognition of outstanding
service to the City.
Steven Zimmerman, Development Services;
Christopher Huot, Convention and Visitors
Bureau; Charles Webb, Finance Department;
Jeff Mullich and Howard Wines, Fire; Elizabeth
Agerton and Ryan Kroeker, Police; Dan Polach
and Matthew Lawson, Public Works; Ed Lazaroti
and Lisa Phillips, Recreation and Parks; and
Matthew Johnston, Water Resources.
Bakersfield, California, November 18, 2009 - Page 2
4. PRESENTATIONS continued ACTION TAKEN
Item 4.a. continued
The recipient of the Extra Mile Award for 2009
was Pamela McCarthy, City Clerk, which was
presented by City Manager Tandy.
City Clerk McCarthy made comments.
b. Presentation by Mayor Hall of the Mayor's
Medal of Appreciation to Andy Castaneda for
heroically saving the life of another citizen.
Mr. Castaneda received the Mayor's Medal of
Selfless Heroism and made comments; and Mr.
Steven Herrera thanked Mr. Castaneda.
C. Presentation of Mayor Hall of a Proclamation to
Pam Carlock and Randy Boggs declaring
November 29, 2009 through December 5, 2009
Christmas Parade Week.
Ms. Carlock accepted the Proclamation and
made comments, and invited everyone to
attend the 27th annual Christmas parade on
December 3,d.
5. PUBLIC STATEMENTS
a. Robert Reed spoke regarding the lack of noise
suppression at the Fairfax and Highway 178
interchange.
Vice-Mayor Scrivner asked staff to provide a
report addressing Mr. Reed's concerns.
b. Jose Quirarte spoke regarding problems with his
ex-landlord.
Councilmember Couch asked staff to work with
Mr. Quirarte to resolve his concerns.
C. Jayme Seeger spoke regarding PG&E and the
impact of extreme energy bills on small
businesses.
Bakersfield, California, November 18, 2009 - Page 3
5. PUBLIC STATEMENTS continued ACTION TAKEN
d. H. A. Sala spoke regarding the new Children
Joining Children For Success non-profit
organization, whose purpose is to inspire
children to help themselves and join together to
help one another to achieve personal,
academic and career success; and asked for a
public endorsement of the efforts of the
organization and the upcoming annual
fundraising event.
Councilmember Benham asked Mayor Hall to
provide a proclamation and staff to assist with
logistics, if necessary, for the event at
Rababobank.
e. Bob Smith, with Bike Bakersfield, spoke
regarding the Bikeways Plan and requested
implementing street changes to make them
safer for bicycle traffic.
Councilmember Sullivan asked that Mr. Smith's
request be referred to the Community Services
Committee.
6. WORKSHOPS
None.
7. APPOI NTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 4, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from
October 23, 2009 to November 5, 2009
in the amount of $10,145,363.24 and self-
insurance payments from October 23, 2009
to November 5, 2009 in the amount of
$1,417,493.45.
Bakersfield, California, November 18, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. First Reading of Ordinances:
1. Amending Sections 5.56.010, 5.56.020, FR
and 5.56.040 relating to transient
outdoor businesses.
REMOVED FOR
2. Amending Section 16.16.080 E relating to SEPARATE
extension of tentative map approval. CONSIDERATION
3. Amending Section 16.32.080 relating to FR
improvements in subdivisions for which
parcel map is required.
Resolutions:
d. Resolution determining that DeZURIKO, a RES 126-09
proprietary brand for replacement valves in
City owned digesters at Wastewater Treatment
Plant 3, cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding thereof for a period of one year,
not to exceed the budgeted amount of
$100,000.
e. Sewer construction and connection fee(s)
assessment for 207 N. Stine Road:
1. Resolution confirming assessments for the RES 127-09
construction and connection fee(s) and
authorizing the collection of assessments
by the Kern County Tax Collector.
2. Agreement with Boyd Beastrom to pay AGR 09-141
construction and connection fee(s) in
installments and notice of special
assessment lien.
f. Resolution approving the destruction of certain RES 128-09
obsolete City records, documents, instruments,
books and papers, pursuant to Government
Code sections 34090 et seq. - Finance
Department.
Bakersfield, California, November 18, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
g. Resolution confirming approval by the Assistant RES 129-09
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.
h. Resolution of Intention No. 1650 to order the 8011650
vacation of a flowage and drainage
easement at the southeast corner of 68 E. White
Lane.
i. Resolution of Intention No. 1651 calling a public 8011651
hearing to determine whether public necessity,
health, safety or welfare requires formation of
an Underground Utility District within a
designated area - District No. 2, Division 33
(California Avenue - S Street to Union Avenue).
j. Resolution of Intention No. 1652 calling a public R011652
hearing to determine whether public necessity,
health, safety or welfare requires formation of
an Underground Utility District within a
designated area - District No. 2, Division 34
(Calloway Drive - Hageman Road to
Meacham Road).
k. Resolution of Intention No. 1653 to add territory, 8011653
Area 2-42 (5801 District Boulevard) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and
approving the Public Works Director's Report.
Agreements:
1. Relocation of Beardsley Pipeline and Headgate
along 7th Standard Road:
1. Agreement with County of Kern (not to AGR 09-142
exceed $206,565) for reimbursement of
costs associated with over-sizing
approximately 1800 feet of the Beardsley
lateral 1-5-0 pipeline and headgate
along 7th Standard Road west of Coffee
Road.
Bakersfield, California, November 18, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.1. continued
AGR 09-143
2. Agreement with County of Kern for
relocation and joint use of waterline
easement on south side of 7th Standard
Road.
M. License Agreement with Southern California AGR 09-144
Gas Co. to relocate natural gas service being
displaced by the construction of the Westside
Parkway at the Friant Kern Canal and Brimhall
Road extended (Flying J Refinery). (TRIP)
n. Agreement with Rossetti Associates Inc. AGR 09-145
($86,300) for support services during
construction of the Bakersfield Sports Village
Phase 1.
o. Agreement with McKool Smith, P.C. to provide AGR 09-146
legal services related to transient occupancy
taxes on a contingency fee basis.
P. Agreement with Community Action Partnership REMOVED FOR
of Kern ($247,342 CDBG funds) for related SEPARATE
construction assistance and predevelopment CONSIDERATION
related soft costs for the Friendship House
Community Center located at 2424
Cottonwood Road.
q. Amendment No. 1 to Agreement No. CA08-010 AGR 09-148
with Clifford and Brown (not to exceed
$115,000) for outside legal services in the matter
of Land Lot 1, LLC v. City, et al., Kern County
Superior Court Case No. S-1500-CV-263357
WDP.
r. Amendment No. 1 to Agreement No. CA09-013 AGR 09-149
with Duane Morris, LLP (not to exceed $100,000)
for outside legal services in the matter of Home
Builders Association of Kern County, Inc. v. City,
et al., Kern County Superior Court Case
No. S-1500-CV-267954 NFT.
Bakersfield, California, November 18, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
S. Amendments to Landscape Agreements with
D. R. Horton Los Angeles Holding Co., Inc., for
Tract 6406 located north of City Hills Drive and
east of Vineland Avenue.
1. Amendment No. 1 to Agreement AGR 06-042(1)
No. 06-042 for Phase 1.
2. Amendment No. 1 to Agreement AGR 06-044(1)
No. 06-044 for Phase 2.
3. Amendment No. 1 to Agreement AGR 06-046(1)
No. 06-046 for Phase 3.
4. Amendment No. 1 to Agreement AGR 06-116(1)
No. 06-1 16 for Phase 4.
5. Amendment No. 1 to Agreement AGR 06-118(1)
No. 06-1 18 for Phase 5.
REMOVED FOR
t. Amendment No. 3 to Agreement No. 06-053 SEPARATE
with Parsons Transportation Group Inc. CONSIDERATION
($714,000; revised not to exceed $43,855,767)
for construction management services for the
freeway interchange construction on State
Route 178 at Fairfax Road. (TRIP)
U. Amendment No. 2 to Agreement AGR 05-195(2)
No. 05-195/RA05-002 with the Bakersfield
Redevelopment Agency for the commitment of
$2,046,619 HOME Investment Partnership Funds
earmarked for affordable housing in the Baker
Street Mixed Use Project.
V. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
AGR 06-388(2)
1. Amendment No. 2 to Agreement
No. 06-388 with Jacobs Civil Inc.
($700,000; revised not to exceed
$7,700,000) for additional construction
management services for Project.
2. Transfer $200,000 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department's
Capital Improvement Budget.
Bakersfield, California, November 18, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
W. Amendment No. 3 to Agreement No. 06-324 AGR 06-324(3)
with RM Industries ($80,000; revised not to
exceed $320,000) extending term one year for
Amtrak Station janitorial and hardscape
maintenance.
X. Amendment No. 3 to Agreement No. 07-378 AGR 07-378(3)
with T.D. Whitton Construction Inc. (no cost
increase) extending term one year for street
reconstruction and paving.
Y. Contract Change Order No. 4 to Agreement AGR 09-022
No. 09-022 with MGE Underground Inc. 0004
($57,747.27; revised not to exceed $830,386.35)
for the Install Traffic Signal Interconnect - Part 6
Project.
Bids:
Z. Accept proposal and award contract to Dave AGR 09-150
Bang Associates, Inc. ($508,500 total) to
purchase park playground equipment and
rubberized surfacing for Amberton Park
($80,255), Beach Park ($132,265), Campus Park
South ($67,967), Corvallis Park ($93,018), Kroll
Park ($101,562), and additional rubberized
surfacing to meet ADA and safety standards
($33,433).
aa. Waterline Extension to Wastewater Treatment
Plant No. 3 from Ashe Road to Taft Highway:
1. Accept bid and award contract to Kern AGR 09-151
Pacific Construction ($203,063) for
project.
2. Transfer $203,063 from a budgeted
Capital Improvement Project
(Wastewater Treatment Plant No. 3
Arterial Roads) within the Sewer
Enterprise Fund to fund the award of this
project.
bb. Accept bid and award contract to Lee Wilson AGR 09-152
Electric Co., Inc. ($197,175.60) for traffic signal
and lighting system installation at the
intersections of Old River Road and Harris Road,
and Old River Road and Campus Park Drive.
Bakersfield, California, November 18, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
cc. Accept bid and award contract to Loop AGR 09-153
Electric, Inc. ($449,932.50) for installation of
Traffic Signal Interconnect - Part 7.
dd. Accept bid from EnPointe Technologies, Inc.
($175,384.41) forl 10 Panasonic toughbook
display systems for the Police Department.
ee. Purchase of Live Burn Trailer Simulator:
1. Accept Federal Grant from US
Department of Homeland Security
($275,680) for purchase.
2. Accept bid from Fireblast 451, Inc.
($346,400) for purchase of a Fireflash II
mobile live fire training system.
3. Appropriate $275,680 Federal Grant
Revenue and $70,720 Capital Outlay
Fund to the Fire Department Capital
Outlay Budget within the Capital Outlay
Fund for purchase.
ff. Accept base bid and additive alternates 1 & 2, AGR 09-154
and award contract to Garcia Roofing, Inc.
($91,553) for roof replacement at 1700 E. Planz
Road, Wastewater Treatment Plant No. 2.
gg. Accept bid and award contract to Kern
County Construction, Inc. ($468,539) for AGR 09-155
domestic water well block pumphouse, CBK-52
located at 9701 Grey Goose Street.
Miscellaneous:
hh. Appropriate $580 contribution to the
Recreation and Parks Department Operating
Budget within the General Fund for the
purchase and installation of a dog gate at the
north end of Kroll Park.
ii. Appropriate $17,840 of local contributions to
the Recreation and Parks Department Capital
Improvement Budget within the Capital Outlay
Fund for landscape improvements along
Highway 99 between Hosking Road and McKee
Road.
Bakersfield, California, November 18, 2009 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
jj. Accept and appropriate $2,000 of donations to
the Public Works Department's Operating
Budget within the General Fund for the
Westside Parkway Phase II Groundbreaking
Ceremony.
kk. Appropriate $80,000 Equipment Management
Fund balance to the Public Works Department
Operating Budget to replace four street
equipment items due to California Air
Resources Board regulations.
City Clerk McCarthy announced a correction to item
8.a., which should read: "...November 4, 2009..."
Councilmember Couch announced he would abstain
due to conflict of Interest, potential source of income
to himself and his employer, on Item BY.
Councilmember Carson requested that item 8.p. be
removed for separate consideration.
Councilmember Benham requested that item 8.t. be
removed for separate consideration.
Councilmember Couch requested that item 8.c.2. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.kk., with correction to AB WEIR
Item 8.a. and the removal for separate consideration
of items 8.p., 8.t., and 8.c.2.
C. First Reading of Ordinances:
2. Amending Section 16.16.080 E relating to REFERRED TO
extension of tentative map approval. STAFF
Motion by Councilmember Couch to give First APPROVED
Reading to Consent Calendar item 8.c.1. and AB WEIR
8.c.3., and refer to staff item 8.c.2.
Bakersfield, California, November 18, 2009 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
P. Agreement with Community Action Partnership AGR 09-147
of Kern ($247,342 CDBG funds) for related
construction assistance and predevelopment
related soft costs for the Friendship House
Community Center located at 2424
Cottonwood Road.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.p. AB WEIR
AGR 06-053(3)
t. Amendment No. 3 to Agreement No. 06-053
with Parsons Transportation Group Inc.
($714,000; revised not to exceed $43,855,767)
for construction management services for the
freeway interchange construction on State
Route 178 at Fairfax Road. (TRIP)
Motion by Councilmember Benham to adopt APPROVED
Consent Calendar item 8.t. AB WEIR
9. CONSENT CALENDAR HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider Resolution of RES 130-09
Necessity to determine whether the public
interest and necessity require acquisition by
eminent domain property located east of
Mohawk Road between the Cross Valley Canal
and Truxtun Avenue and a lot south of Truxtun
Avenue (Wanamaker, et al., owners), for the
Westside Parkway Project (Code Civ. Proc.
§ 1240.010). (TRIP)
City Manager Tandy made staff comments.
Hearing opened at 6:23 p.m.
No one spoke.
Hearing closed at 6:24 p.m.
Motion by Councilmember Benham to adopt APPROVED
the Resolution. AB WEIR
Bakersfield, California, November 18, 2009 - Page 12
11. CLOSED SESSION ACTION TAKEN
None.
12. CLOSED SESSION ACTION
None.
City Attorney Gennaro announced that at the Closed
Session meeting of October 7, 2009, City authorized
City Attorney to settle the matter of Aboelghar vs. City
in an amount not to exceed $650,000; matter has now
been resolved and all City defendants have been
dismissed.
13. REPORTS
a. Status Report regarding updating the
Metropolitan Bakersfield General Plan.
Planning Director Eggert made a powerpoint
presentation.
Councilmember Couch asked staff to come
back with a clear process for the City
workshops and, jointly, with the County, and to
ensure both entities are working with the same
data; and, suggested the City get clarification
from LAFCO regarding the urban reserve
designation.
b. City Council Goals Update.
City Manager Stinson gave an overview.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
In response to a question from Councilmember
Couch, City Attorney Gennaro advised that in order
for a Code Enforcement Officer to take action on a
violation using a photograph from a citizen with a time
and date on it, that it must be accompanied by a
complaint that is signed under penalty of purgery.
Bakersfield, California, November 18, 2009 - Page 13
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Carson asked staff to look into
whether or not there Is a limit on the number of
vehicles that can be parked on private property.
Councilmember Carson asked staff to look into the
possible refurbishing of the street on Canterbury Drive,
as well as the area on N Street between 41h Street and
Brundage Lane.
Councilmember Sullivan asked staff to repair a deep
pothole in Kern City on Bermuda, which Is In the first
block north of Sundale.
Councilmember Sullivan asked staff to look into
refurbishing, such as painting, the east area of City
Hall South.
Councilmember Sullivan expressed her pleasure with
the appreciation and patriotism shown at the recent
Veterans Day events.
Councilmember Sullivan announced that there are
now 61 cities in California whose elected officials have
voted to display the national motto, In God We Trust,
in their city halls.
Mayor Hall congratulated the Graffiti subcommittee of
Keep Bakersfield Beautiful for a national award they
will receive on December 41h in recognition of their
Adopt a Mailbox Program.
17. ADJOURNMENT
Mayor Hail adjourned the meeting at 6:52 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield