HomeMy WebLinkAbout03/10/10_CC_AGENDA_PACKET
e BAKERSFIELD CITY COUNCIL
• AGENDA
MEETING OF MARCH 10, 2010
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 Reverend Oscar Anthony, St. Peter's Restoration Christian Ministries.
3. PLEDGE OF ALLEGIANCE by Trevon Sutton, 8m grade student at Compton Jr. High School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Larry Roland declaring March 23,
2010 Ben and Jerry's Day.
b. Presentation by Mayor Hall of a Proclamation to Susan Handy declaring March 15-
19, 2010 Adult Education Week.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Board of Building Appeals due to the long term vacancy
previously held by Stephen Lewis.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 10, 2010 Special Council Meeting and the
February 17, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from February 5, 2010 to February 25, 2010 in the
amount of $17,592,828.47 and self-insurance payments from February 5, 2010 to
February 25, 2010 In the amount of $230,491.76.
Ordinances:
C. Adoption of Ordinance amending Chapter 10.80 of the Municipal Code relating
to Kern River Bicycle Trail. (FR 02117110)
(Ward 6) d. Adoption of Ordinance amending Municipal Code Section 1. 12.060 by adding
Annexation No. 503 consisting of 465.15 acres located on the south side of Taff
Highway, along the west side of Stine Road, east of Gosford Road, and Annexation
No. 515 consisting of 11.37 acres located on the south side of Taff Highway between
Stine and Ashe roads to Ward 6. (FR 02117110)
8. CONSENT CALENDAR continued
Resolutions:
(Ward 5,6) e. Resolution to authorize sale of surplus playground equipment to Kids Around the
World, Inc. (non-profit) for $1.00.
f. Resolution authorizing The County of Sacramento to apply for State Energy Program
Funds on behalf of the City to operate the California First Solar and Energy Efficient
Lending Program.
(Ward 4) g. Sewer Connection Fee Assessments for 11512 Jimrik Avenue:
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessments by the Kern County Tax Collector.
2. Agreement with Steven and Noemi Webdell to pay sewer connection fee in
installments and notice of special assessment lien.
(Ward 1,2) h. Resolution of Intention No. 1655 calling a public hearing to amend Resolution No.
138-09 adding standard language regarding conversion of overhead facilities for
Underground Utility District 2-33 (California, S Street to Union).
(Ward 3) i. Resolution of Intention No. 1659 to order the vacation of a portion of a 10' wide
public utilities easement containing 930 square feet located at 2935 Oswell
Street.
Agreements:
(Ward 7) j. Final Tract Map and Improvement Agreements with John Balfanz Homes, Inc. for
Tract 6353 Phase 3 located south of Hosking Avenue and west of Highway 99.
(Ward3-7) k. Agreement with Wilson & Associates (not to exceed $113,200) to provide continuing
disclosure services for various Special Assessment Districts.
(Ward 4) I. License Agreement with Kern County Water Agency ($1.00) for equestrian access
over the Cross Valley Canal at Rosedale-Rio Bravo Water Storage District Intake
Channel.
M. Agreement with York Claims Service, Inc. (not to exceed $375,000 over 3 year term)
to adjust liability claims filed against the City.
n. Agreement with PARS for administrative and custodial services regarding the City's
Retiree Medical Irrevocable Trust.
o. Amendment No. 2 to Agreement No. 08-179 ($26,618.63; revised not to exceed
$170,326.75) with SunGard Public Sector, Inc. for licensed software service support.
P. Amendment No. 1 to Agreement No. 08-081 with Hanna, Brophy, MacLean, McAleer
& Jensen (not to exceed $150,000 and extending term for 12 months) for Worker's
Compensation defense attorney services.
q. Amendment No. 1 to Agreement No. 08-105 with A C S/ComplQ Corp. (not to
exceed $150,000 and extending term for 12 months) for Worker's Compensation bill
review services.
r. Amendment No. 5 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for emotional health care insurance.
2 City Council Meeting of 3/10/2010
8. CONSENT CALENDAR continued
(Ward 3) s. Contract Change Order No. 1 to Agreement No. 09-109 with Granite Construction
($145,675.69; revised not to exceed $1,696,479.69) for the Pavement Rehabilitation
2009 Phase 1 Mt. Vernon Avenue from SR178 to University Avenue Project.
(Ward 6,7) t. Contract Change Order Nos. 1 through 3 to Agreement No. 09-111 with Maverick
Asphalt and Construction ($82,117.56; revised not to exceed $1,865,661.46) for the
Pavement Rehabilitation 2009 Phase 3 Various Locations Project.
(Ward 6) U. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Contract Change Order No. 11 to Agreement No. 07-302 with Kiewit Pacific
Corp. ($399,139; revised not to exceed $218,711,449) for project.
2. Transfer $399,139 contingency established for the Wastewater Treatment Plant
No. 3 Expansion Project to the Public Works Department Capital Improvement
Budget.
(Ward 1) v. Amendment No. 1 to Agreement No. 06-169 with Raymundo Engineering Co., Inc.
($35,000; revised not to exceed $211,963) for construction support services for the
Bakersfield LNG/LCNG Fueling Facility at S. Mt. Vernon Avenue & E. Planz Road
Project.
Bids:
(Ward 1) w. Bakersfield LNG/LCNG Fueling Facility - S. Mt. Vernon Avenue & E. Planz Road:
1. Accept base bid only and award contract to Wyoming North Star, Inc.
($2,193,628.40) for project.
2. Appropriate $849,767 Federal Congestion Management Air Quality Funds to
the Public Works Department Capital Improvement Budget within the
SAFETEA-LU Fund.
3. Appropriate $550,000 Refuse Fund Balance to the Public Works Department
Capital Improvement Budget.
X. Accept bids from DDL Traffic, Inc. ($33,606.21), McCain, Inc. ($77,347.93) and Jam
Services, Inc, ($200,219.20) for signal equipment.
Y. Accept bid and award annual contract to Victory Engineers, Inc. (not to exceed
budgeted amount of $80,000) for canal liner repair.
Miscellaneous:
(Ward 3) Z. Appropriate $3,589,586 in Federal SAFETEA-LU funds to the Public Works Capital
Improvement Budget within TRIP. (SR 178/Fairfax Road)
Staff recommends adoption of Consent Calendar items 8. a. through 8.z.
9. CLOSED SESSION
10. CLOSED SESSION ACTION
3 City Council Meeting of 3/10/2010
11. CONSENT CALENDAR PUBLIC HEARINGS
12. HEARINGS
a. Public Hearing to consider Resolution approving and adopting an adjusted fee for
the development and improvement of parks within the City (proposed 4% increase
based upon Construction Cost Index).
Staff recommends adoption of resolution.
13. REPORTS
14. DEFERRED BUSINESS
a. Resolution regarding tow truck services.
Majority of Budget and Flnonce Committee recommends adoption of resolution.
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
3/5/2010 9:OOAM
4 City Council Meeting of 3/10/2010
AGENDA HIGHLIGHTS
March 10, 2010 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
APPOINTMENTS
There will be one (1) appointment to the Board of Building Appeals.
CONSENT CALENDAR
Resolutions
Item 8f. Resolution Authorizing Sacramento County to Apply for State Energy Program
Funds on Behalf of the City. In 2008, the State passed AB 811 to create the Property
Assessed Clean Energy Programs (PACE). It authorizes the creation of an assessment
district for commercial and residential property owners to finance upfront capital costs
of energy and water efficiency projects and repay the amount financed on their
property bill over 20 years. The State has also approved AB 474 to finance water
efficiency improvements. California Communities, a joint powers authority sponsored
by the League of California Cities and the California Association of Counties has
developed the CaliforniaFIRST Program to allow owners in participating cities and
counties to finance energy and water efficiency Improvements. The Improvements will
be financed by the issuance of bonds by California Communities, which will levy a
contractual assessment on the owner's property to repay the portion of the bonds
issued for the property Improvements. The initial pilot program includes 14 counties and
the cities that choose to participate in those counties. California Communities originally
planned to apply for State ARRA funds to lower borrowing costs and offset
administrative costs on behalf of the 14 counties in the CaliforniaFiRST program.
However, its bylaws prevent it from holding funds, so the County of Sacramento has
agreed to become the applicant for the funds on behalf of all the participating
counties and cities. The Council is asked to approve a Resolution to allow the County
of Sacramento to act on the City's behalf and to declare the State Energy Program
grant activities are not a project under CEQA and therefore, exempt from review.
Agreements
Item 8k. License Agreement with Kern ense Agreement with Kern CounWater Agencyfouestrian access fouestrian access
over the Crossover the Cross VallCanal. When the Kern County Water Agency made previous
Improvements to the Cross Valley Canal near Stockdale Highway, a culvert was
removed that had served as an equestrian access to the Kern River Channel.
Consequently, the only equestrian access over the Cross Valley Canal was via the
Rosedale-Rio Bravo Water Storage District Intake Channel. As part of the Aera Park
project, a new equestrian staging area was constructed at Stockdale Highway and
Jewetta Avenue. This License Agreement (In the amount of $1.00) will re-establish the
equestrian access from the new staging area to the Kern River Channel over KCWA
right of way. The City will be responsible for fencing and maintaining the access
easement through the KCWA's right of way.
r
Item 81. Agreement with York Claims Service. For the past 3 years, the City has
contracted with York to adjust liability claims filed against the City. Prior to that time,
the City contracted with Acclamation Management Services (AIMS). The York
contract expires April 1, 2010. York and AIMS were the only responders to the new RFP,
with York's bid at $375,000 and ATM's bid at $362,000. Based on the positive relationship
and higher confidence level that staff has experienced with York over the past 3 years,
staff recommends acceptance of their bid, even though it is a slightly higher cost.
Item Or. Pavement Rehabilitation Phase I Protect at Mt. Vernon Avenue from SR 178 to
University Avenue. This Is Contract Change Order No. 1 in the amount of $145,675.79,
revised not to exceed $1,696,479.69. The majority of these expenses resulted from the
need to replace the severely deteriorated cross gutters on the east side of Mount
Vernon, which will also require reconstruction of the street sections east of the cross
gutters. This change order also Includes additional work to repair a previously
undetected traffic signal Interconnect that was damaged, as well as the removal of
several buried concrete objects
Item 8s. Contract Change Orders to an Agreement with Maverick Asphalt and
Construction for Pavement Rehabilitation at Various Locations. There are 3 change
orders for the various street rehabilitation projects taking place at Wilson Road from
White Lane to Planz Road, Hughes Lane from White Lane to Planz Road, and Wible
Road from Pacheco Road to White Lane. Change Order No. 1 includes a materials
change on Wilson Road and additional work to remove and replace damaged curb
and gutter, bus stops and concrete not meeting ADA standards; Change Order No. 2 is
for the extension of the full depth reclamation on Wible Road, as well as a road
modification at the railroad tracks; Change Order No. 3 includes 8 various Items of
unanticipated work. The three Change Orders total $82,11.56, for a revised not to
exceed amount of $1,865,661.46. Note. Maverick has filed for bankruptcy and will
terminate their contract with the City. The change orders are for work completed prior
to those developments. Payment by the City will be made through the bonding
company and the bankruptcy trustee.
item . Wastewater Treatment Plant #3 - 2007 Expansion Protect. Contract Change
Order # 11 to an Agreement with Kiewitt Pacific Corporation for $399,139, revised not to
exceed $218,711,449, Includes 36 various items. It provides for additional work that has
resulted from unknown' site conditions or design revisions during the construction
process. The Change Order Includes those descriptions. This item also Includes a
transfer of $399,139 from the contingency for this project to the Public Works Capital
Improvement Budget.
Item 8v. Accept Base Bid and Award Contract to Wyomina North Star Inc to construct
an LNG/LCNG Fuelina Facility in the amount of $2,193.628.40. This project consists of
the construction of a Liquefied Natural Gas and Liquefied Compressed Natural Gas
Fueling Station at South Mount Vernon and East Planz Road. It is primarily being funded
through Federal Congestion Management Air Quality Funds. In addition to the federal
funding that has previously appropriated to this project, the Council is requested to
approve an appropriation of $849,767 of FCMAQ Funds to the Public Works Capital
Improvement Budget. The Council is also requested to appropriate $550,000, as the
local match requirement, from the Refuse Fund to the Public Works Capital
Agenda Highlights - March 10, 2010 Council Meeting
Page 2
Improvement Budget. It is the appropriate funding source, since the fueling station is
needed for alternative fuel vehicles in the refuse collection fleet.
Miscellaneous
Item 8y. SR 178/Fairfax Road Interchange Prolect (TRIP)- Appropriation of Federal
SAFEATEA-LIJ Funds. $25,300,000 of federal transportation funding was originally
allocated for this TRIP project, This action is to request the appropriation of an
additional $3,589,586.00 to cover any outstanding payments as the project nears
completion, bringing the total appropriation to $21,106,718. Any remaining TRIP funds
that were originally allocated to this project will be transferred to the upcoming SR
178/Morning Drive Interchange Project.
BRINGS
There will be one public hearing for the Council to consider an increase to the current
park development fee that is collected for the development of parks within Bakersfield.
The current fee is $1,615 per dwelling unit; the proposed new fee is $1,680 per dwelling
unit, a 4% increase. The Increase is based entirely on the rise in the Construction Cost
Index. Informational notices were mailed to the HBA, NOR, and the American
Association of Architects.
DEFERRED BUSINESS
Item 14a. Resolution Regarding Tow Truck Services. On January 27, 2010, the City
Council referred the Issue of updating the City's existing policy regarding how the City
contracts for tow truck services to the Budget and Finance Committee. On March 3,
2010, the Committee Issued both a majority and minority report. The Committee
recommendation is to adopt a Resolution based on the Majority Report.
The Malority Report is as follows: Adopt the CHP standards for minimum qualifications
and utilize the 9 companies on the CHP Tow List (Northwest, Central, and Southwest Tow
Districts only) that have a primary location within the City limits. In addition, the existing
6 companies currently under contract with the City will be grandfathered in for 12
months from the time the Resolution Is adopted. 2 are within the City limits; 2 are
adjacent and could possibly annex; and 2 would have to find an alternate location,
based on their distance from the City limits. Those not in the City limits or not in the
process of annexation will be ineligible to contract with the City after the 12 months
have expired. Other components of the majority resolution which would be included In
the City's tow company contracts: a 10 day termination clause, additional Insurance
requirements, and a 30 minute response time. In addition, the City will cap the number
of tow companies at 15. All City towing needs are to be provided through the
contracted companies on the City tow rotation list. New contracts will be
administrated by the Finance Department and the rotational process will continue
through the Police Dispatch Center. In addition, the City will enter into one contract for
evidence towing and storage services by an RFP process.
The Minority Report is as follows: The 6 companies currently under City contract will be
grandfathered in. The total number of companies will be Increased to 10. The
additional companies must be located within the City limits and will be selected under
Agenda Highlights - March 10, 2010 Council Meeting
Page 3
a lottery system. The 10 day termination clause and appropriate additional insurance
requirements would be included in the City's contracts, as well as a 20 minute response
time. The administration, rotational process, and contract for evidence towing and
storage services are the some as those Included In the Majority Report.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - March 10, 2010 Council Meeting
Page 4
B A•• E s
ADMINISTRATIVE REPORT
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MEETING DATE: March 10, 2010 AGENDA SECTION: Presentations
ITEM: y ,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAQvV7-,,61 W~~
DATE: February 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Larry Roland declaring March 23, 2010
Ben and Jerry's Day in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: March 10, 2010 AGENDA SECTION: Presentations
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: February 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Susan Handy declaring March 15-19,
2010, Adult Education Week in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Appointments
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD &,Io~ A F
DATE: February 24, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: One appointment to the Board of Building Appeals due to the long term vacancy
previously held by Stephen Lewis.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Board of Building Appeals due to the long term vacancy
previously held by Stephen Lewis.
One application has been received from Barbara Lomas.
The Board of Building Appeals Is an advisory body to the City Council. It is composed of seven (7)
members, nominated and appointed by the full Council. Members must be residents of the City
throughout their terms and shall be qualified by training and experience In building construction
or the building trades.
The responsibilities of the Board include the resolution of questions relating to the suitability of
alternate materials and methods of construction; determine reasonable interpretations of the
provisions of the building and construction code and the adoption of reasonable rules and
regulations consistent with the purposes of such code for conducting hearings and Investigations.
The Board of Building Appeals renders written findings of Investigations and decisions to the
Building Director and makes recommendations to the City Council consistent with Its purpose
and function. Meetings are held at 1715 Chester Avenue, Development Services Building. No
meeting dates specified.
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MEETING DATE: March 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:j a
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD T
DATE: February 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the February 10, 2010 Special Council Meeting and the
February 17, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: MARCH 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 26, 2010 CITY ATTORNEY p p
CITY MANAGER
SUBJECT: Approval of department payments from February 5, 2010 to February 25, 2010
in the amount of $17,592,828.47 and Self Insurance payments from February 5,
2010 to February 25, 2010 in the amount of $230,491.76.
RECOMMENDATION:
Staff recommends approval of payments totaling $17,823,320.23
BACKGROUND:
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MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V&'
DATE: February 18, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of Ordinance amending Chapter 10.80 of the Bakersfield Municipal
Code relating to Kern River Bicycle Trail.
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendments. These
amendments had first reading on February 17, 2010.
BACKGROUND:
The Kern River Bicycle Trail is one of the most widely used amenities within the City of
Bakersfield. A recent community-wide survey indicated that trail use is almost evenly divided
between walkers and bicyclists. Current Bakersfield Municipal Code section 10.80 describes the
use of the trail as a bike path, without addressing the inclusive nature of the trail to other
acceptable recreational activities. Staff held meetings with the Kern River Parkway Foundation,
Bike Bakersfield, Kern Wheelmen, and the public regarding clarification of the ordinance to
reflect the trail's multiple users. The proposed ordinance amendment: 1) changes the name of
the trail to Kern River Trail; 2) allows for multiple uses of the trail, including walking, jogging and
skating; 3) requires pedestrians to keep to the right; and, 4) requires dogs to be on a six-foot
leash.
The proposed ordinance was presented to the Community Services Committee on
February 1, 2010 which recommended first reading of the amendments.
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MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: 1B, d
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 18, 2010 CITY ATTORNEY Q~
CITY MANAGER ~J
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section §1.12.060 by
adding Annexation No. 503 consisting of consisting of 465.15 acres, located on the
south side of Taft Highway, along the west side of Stine Road, east of Gosford Road and
Annexation No. 515 consisting of 11.37 acres, located on the south side of Taft
Highway, between Stine and Ashe Roads to Ward 6. (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 17, 2010.
This ordinance amends the ward boundaries to include Annexations 503 and 515 into the
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 503 (known as the Ashe No. 4 EIR project area) is located on the south side of Taft
Highway, along the west side of Stine Road, east of Gosford Road. The annexation territory consists of
465.15 acres of undeveloped land. The property owners requested annexation to develop residential
uses and receive city services. This area will be included into Ward 6.
Annexation No. 515 is located on the south side of Taft Highway, between Stine and Ashe Roads. The
annexation territory consists of 11.37 acres of land. The property owner requested annexation for
development purposes and to receive city services. This area will be included into Ward 6.
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MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: e
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD y
DATE: February 19, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to Authorize Sale of Surplus Playground Equipment to Kids Around the
World, Incorporated, a nonprofit organization for One Dollar ($1.00). (Wards 5, 6)
RECOMMENDATION: Staff recommends approval of the resolution.
BACKGROUND: The Recreation and Parks Department has received a request from Kids
Around The World, Incorporated, a non-profit organization, to purchase surplus playground
equipment for one dollar ($1.00). The playground equipment currently located at Amberton,
Corvallis and Kroll Parks, will be replaced as part of an upgrade of equipment awarded by
Council on November 18, 2009. Kids Around The World, Incorporated will pick up the
playground equipment from the locations upon its removal whereby eliminating the transfer of
the equipment to a landfill. The surplus equipment will be used by the non-profit organization
to build playgrounds for children in less privileged circumstances. Staff recommends
acceptance of the offer from Kids Around The World, Incorporated, to purchase surplus
playground equipment for one dollar ($1.00).
The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any
sale to a governmental entity or non-profit organization shall be subject to confirmation and
approval by the City Council.
The equipment is being sold "as is with all faults" to remove the City from any potential liability
claims.
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MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. f .
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 3, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Authorizing Sacramento County to Apply for State Energy gra unds
on Behalf of the City to Operate the CaliforniaFIRST Solar and Energy E ciency
Lending Program.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
In 2008, the State of California approved legislation that enables counties and cities to create
Property Assessed Clean Energy Programs (PACE). The legislation (AB 811) authorizes the
creation of an assessment district, whereby commercial and residential owners can finance
upfront capital costs of energy and water efficiency projects and repay the amount financed on
their property tax bill over 20 years. Since the passage of AB 811, the State has also approved AB
474 to allow this type of financing for water efficiency improvements.
Program participation is voluntary. Property owners select the type of projects they wish to install
and the contractors they choose to contract with. Property owners pay only for the cost of their
project, including interest and fees to administer the program, amortized over 20 years. The
property tax assessment transfers with the property upon sale and is secured by the property
value, not by the credit history of the property owner.
PACE programs are designed to advance energy conservation efforts by providing a funding
mechanism for the sometimes significant up-front costs associated with such improvements.
Performing energy efficiency retrofits to existing residential and commercial properties reduces
energy usage, saves property owners money, creates jobs in the local economy and cuts
greenhouse gas emissions.
California Communities, a joint powers authority sponsored by the League of California Cities and
the California Association of Counties, has developed the CaliforniaFIRST Program. This pilot
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ADMINISTRATIVE REPORT
program will allow owners of residential, commercial, or industrial property in participating cities
and counties to finance energy efficiency, renewable energy, and water efficiency
improvements on their property. This initial pilot program includes 14 counties and the cities that
chose to participate in those counties. Participation in this program allows the residents of each
city or county to access the financing options provided by the CaliforniaFIRST program. If a
property owner chooses to participate, the improvements will be financed by the issuance of
bonds by California Communities. California Communities will levy a contractual assessment on
the owner's property to repay the portion of the bonds issued to finance the improvements on
that property. California Communities has selected Renewable Funding LLC and RBC Capital
Markets to provide administration and financing for the program.
Contractual assessment proceedings will be undertaken by California Communities pursuant to
statute, which allows the financing of renewable energy, energy efficiency, and water efficiency
improvements on private property. It is important to note that assessments may be levied to
finance the eligible improvements only with the consent of the property owner, who consents to
the assessment by executing a contract with California Communities.
PROPERTY OWNER AND CITY BENEFITS
Benefits to the property owner include,
• Only property owners who choose to participate in the program will have assessments
imposed on their property.
• In today's economic environment, there may not be attractive private enterprise
alternatives for property owners to finance energy efficiency, renewable energy, or water
efficiency improvements.
• Even if there were private enterprise alternatives, most private loans are due on sale of the
benefited property, which can make it difficult for property owners to match the life of the
repayment obligation with the useful life of the financed improvements. Under the
CaliforniaFIRST Program, the assessment obligation will transfer with the property upon sale.
• The property owner can choose to pay off the assessments at any time, subject to
applicable prepayment penalties.
• By virtue of regional aggregation provided by the CaliforniaFIRST Program, small projects,
both residential and commercial, can have access to the municipal bond market, which
may produce a lower borrowing cost.
Benefits to the City include:
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• As in conventional assessment financing, the City is not obligated to repay the bonds
issued by California Communities or to pay the assessments levied on the participating
properties.
• California Communities handles all assessment administration, bond issuance, and bond
administration functions. A participating city can provide financing of energy efficiency,
renewable energy, and water efficiency improvements to property owners through the
CaliforniaFIRST Program, thereby meeting its political and environmental goals, while
committing virtually no staff time to administer the program.
California Communities initially planned to apply for State Energy Program (SEP) ARRA funds to
lower borrowing costs and offset administrative costs on behalf of all 14 counties in the
CaliforniaFIRST program. However, since California Communities bylaws prevent it from holding
funds, the County of Sacramento has agreed to become the applicant for the funds on behalf
of all cities and counties in CallforniaFIRST, with staff support from California Communities.
The attached Resolution is necessary both to authorize the County of Sacramento to act on the
City's behalf and to declare that the State Energy Program grant activities are not a "project"
under the California Environmental Quality Act and the program is therefore exempt from CEQA
review. Staff will be providing the Council with a separate Resolution at the next Council
meeting that will authorize the City to officially join the CaliforniaFIRST program. Staff thought it
was prudent to secure the SEP funding to cover any setup costs associated with the
CaliforniaFIRST program prior to officially joining the program. The County of Kern is one of the 14
counties included in this pilot program and they have already passed this Resolution as well as a
Resolution joining the CaliforniaFIRST program.
March 5, 2010,10:31 AM
S:\Steve Teglia\AB 811 Information\Sac Admin 3_10_10.docx
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ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council A PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 8, 2010 CITY ATTORNEY Q,
CITY MANAGER ~W
SUBJECT: Sewer Connection Fee Assessments (Ward 4):
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Steven Webdell and Noemi Webdell, 11512 Jimrik Avenue, to
pay sewer connection fee in installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 11512 Jimrik Avenue desire to connect their
property to the City sewer system. The property owners claim that to pay the sewer connection
fee in one payment would produce an economic hardship. To assist in paying the connection
fee the City has contracted with the property owners to spread the connection fee over a five
(5) year period to be collected with their property taxes in accordance with Municipal Code
Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes
the Kern County Tax Collector to collect the connection cost in five equal payments over the
next five years.
dha
S:\PR0JECTS\SewerConFee\Admin\11512 Jim rik AV 2010 ADMIN.doc
February 9, 2010, 10:53AM
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MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 18, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention #1655 calling a public hearing to amend Resolution No. 138-09
adding standard language regarding conversion of overhead facilities for Underground
Utility District 2-33 (California, "S" Street to Union) - (Wards 1 and 2)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The City Council adopted Resolution No. 138-09 on December 16, 2009, establishing
Underground Utility District No. 2, Division 33. No underground work has been done as of this date. The
standard language about conversion of overhead facilities was inadvertently left out of the Resolution.
Now, the City desires to amend Resolution 138-09 to include that language.
As a part of the undergounding process, any existing overhead facilities for communication and electric
services are converted to underground services. These costs are paid for through Rule 20A Funds, not
out of any city funding sources. Rule 20A allocates up to $1,500 per service entrance excluding permit
fees for this conversion. The paragraph outlining this process was inadvertently left out of the original
Resolution and will be added to the Revised Resolution.
This resolution calling for a public hearing to amend the previously adopted resolution is necessary in
order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground
utility districts. Should the amendment to District 2, Division 33, be adopted, it will require that all affected
utility companies remove the overhead lines on California Avenue between "S" Street and Union Avenue
and place them underground. The district encompasses California Avenue between "S" Street and Union
Avenue and the parcels with direct frontage on this section of California Avenue.
This Resolution sets the date of March 24, 2010 for the protest hearing.
mps
February 18, 2010, 2:37PM
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/F0
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: o,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD-
DATE: February 24, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No, 1659 to order the vacation of a portion of a 10' wide
Public Utilities Easement containing 930 square feet, located at 2935 Oswell
Street. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution,
BACKGROUND: The City of Bakersfield has received a request to vacate that portion of a 10'
wide Public Utilities Easement recorded in Book 3375, Pages 657-659, that lies within Parcel A of
Parcel Merger 07-0797, containing 930 square feet, located at 2935 Oswell Street, Utilities
within this easement have been relocated to different locations and therefore this easement is
no longer needed,
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,
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 February 24, 2010 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code 65402,
March 1, 2010,10:12:23 AM
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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,
This Resolution sets the Public Hearing date for the regular Council meeting of April 7, 2010, on
the proposed vacation.
March 1, 2010, 10:12:23 AM
G:\GROUPDAT\ADMINRPT\2010\03-10\PUE Vacation at 2935 Oswell St.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: ~j
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD,' ` ,.R._.
DATE: February 19, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with John Balfanz Homes Inc., for Tract 6353
Phase 3 located south of Hosking Avenue and west of State Highway 99. (Ward 7)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and
landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
dha
February 19, 2010, 3:18PM
G:\GROUPDATWDMINRPT\2010\03-10\T6353-3 Map and IM AGR.doc
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ADMINISTRATIVE REPORT
cA
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 23, 2010 CITY ATTORNEY p~
CITY MANAGER
SUBJECT: Agreement with Wilson & Associates (not to exceed $113,200.00) to provide Continuing
Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 & 7)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The City currently has 20 active Assessment Districts, with a total bonded
indebtedness of $68,040,000, which all require Continuing Disclosure Certificates. The City
has covenanted in its respective Continuing Disclosure Certificate for the benefit of the
Bondholders to provide an annual report containing certain financial information and operating
data relating to each Assessment District and the property within the Assessment District. This
covenant has been made in order to assist the Underwriter in complying with Securities and
Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of
reporting requirements.
This agreement will allow us the use of a professional consultant to process these Continuing
Disclosure Reports and meet the deadlines imposed by the Securities and Exchange
Commission. The cost of these services will be charged to the related Special Assessment
District.
S:WdminlAdmin Reports\Wilson & Assoc Cont Disc
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ADMINISTRATIVE REPORT
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L,
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ , J,
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: February 23, 2010 CITY ATTORNEY-
CITY MANAGER
SUBJECT: License Agreement with Kern County Water Agency ($1.00) for equestrian access over the
Cross Valley Canal at Rosedale-Rio Bravo Water Storage District Intake Channel. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Prior to improvements to the Cross Valley Canal (CVC) near Stockdale Highway, the
bike path and equestrian path had access to the Kern River Channel over the old Stockdale Highway
culvert at the CVC. As part of the CVC improvements, Kern County Water Agency removed the old
Stockdale Highway culvert and placed a pedestrian bridge for the bike path only. Equestrians were then
forced to use an access over the CVC at the Rosedale-Rio Bravo Water Storage District Intake Channel.
An Equestrian Staging area has been planned and now constructed as part of Aera Park located on the
corner of Stockdale Highway and Jewetta Avenue. During construction of Aera Park, Kern County Water
Agency replaced the fencing along the CVC canal removing the only remaining equestrian access from
the staging area to the Kern River Channel over their right of way. This License Agreement will re-
establish the equestrian access from the staging area to the Kern River Channel. As part of the
agreement, the City will be responsible to provide fencing and maintain the access easement through
Kern County Water Agency's right of way to the Kern River Channel.
Nfidler Design
P7C711
February 23, 2010, 10:47AM
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ADMINISTRATIVE REPORT
i
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: $,rn.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: February 23, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Claim Adjusting Firm of York Claims Service, Inc. (York) (total of Three
Hundred Seventy Five Thousand Dollars [$375,000] over three years) to Adjust Liability
Claims Filed Against the City of Bakersfield.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
For the past three (3) years, the City has contracted with York to adjust liability claims filed against
the City. Prior to that period, the City contracted with Acclamation Insurance Management Services, Inc
(AIMS) to provide this service.
The York contract expires on April 1, 2010 and the City issued a RFP for adjusting services to handle
liability claims. AIMS and York were the only positive responders to the RFP. Athens Administrators and
George Hills Company declined to respond.
Over the past three years, the York personnel assigned to the City account have achieved a relationship
with City Departments, most notably the City Attorney and Police Department, as well as City Risk
Management that is based upon confidence and a level of comfort that had not been achieved in prior
years.
Based upon our projections, over a three (3) year period, the York proposal develops fees and costs of
Three Hundred Seventy Five Thousand Dollars ($375,000) as compared to AIMS' proposed fees and
costs of three Hundred Sixty Two Thousand Dollars ($362,000). The difference in cost is negligible when
consideration is given to the level of service and rapport developed by York.
Based on review of their proposals, and our experience with these firms, staff recommends approval of a
contract with York for a two (2) year period plus a third year option exercisable at the discretion of the City.
RAK
February 23, 2010, 3:18PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: n
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 11, 2010 CITY ATTORNEY IVr- \A~
CITY MANAGER
SUBJECT: Agreement with PARS for administrative and custodial services regarding the
City's Retiree Medical Irrevocable Trust.
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: In 2007 the City selected PARS to form and administer an Internal Revenue
Code Section 115 Irrevocable Trust Account in an effort to comply with new accounting
standards issued by the Governmental Accounting Standards Board (GASB) regarding Other
Post Employment Benefits (OPEB).
The previous agreement with PARS had a three year fixed term with a set administrative fee
structure. City staff has negotiated a lower fee structure for administrative and custodial
services and we wish to enter into a new agreement with the lower fee schedule and more
flexible contract term requirements. The new contract still contemplates a three year term,
but the City can cancel the agreement with 90 days notice if we desire to change
administrators.
City staff is pleased with the service and administration of the Trust over the past three years.
The PARS Trust carries with it a Private Letter Ruling from the Internal Revenue Service and they
offer a variety of investment plan options.
The fee schedule has a tier structure, but based on the current portfolio balance we estimate
that annual administration costs will be in the range of $25,000 per year.
2/11/2010 12:24:00 PM
SAAdminWdmin ReportsTars garb 45 2010.docx
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000
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8-'0.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 19, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 08-179 ($26,618.63; revised not to exceed
$170,326.75) with SunGard Public Sector, Inc. for licensed software service support.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
SPS (formerly known as HTE) developed many of the software programs which the City runs on the
AS/400 computer. Such programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable;
Accounts Payable; Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building
Permits; Planning & Zoning; Park Reservations, etc. This amendment will ensure that SPS continues to
update software and provide service for any problems encountered with these programs.
After execution of Amendment 1, it was discovered that the total compensation was incorrect due to
omitted invoices, resulting in an underestimating of the payment for the software licensing. The omission
caused an underpayment of $26,618.63.
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ADMINISTRATIVE REPORT
10
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD tl/
DATE: January 22, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No 08-081 with Hanna, Brophy, MacLean, McAleer &
Jensen ("Hanna") for Workers' Compensation Defense Attorney Services extending
the term for a twelve-month period commencing July 1, 2010, in an amount not to
exceed $150,000.
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
In May 2008, the City Council approved an agreement with the workers' compensation defense
attorney firm of Hanna, Brophy, MacLean, McAleer & Jensen, to provide legal defense services.
The original agreement was for a term of two years, with an optional third year at the discretion
of the City. The City has been pleased with the services received from Hanna, and wishes to
exercise the option for the third year.
Hanna charges One Hundred Thirty Five Dollars ($135) per hour for attorney services. Other
services are billed at lower rates. These rates are locked in for the remaining option year of the
contract. The contract has an annual maximum fee of One Hundred Fifty Thousand Dollars
($150,000), and is to be paid from the Self-Insurance Fund. It is anticipated that rates will increase
next year.
January 25, 2010, 9:25AM
S:Wdmin Rpts\201Manna Brophy Amendment 03.10.10.doox
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10
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: 2, 4,
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: January 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment 1 to Agreement 08-105 with A C S/ComplQ Corporation for Workers'
Compensation Bill Review Services in an amount not to exceed $150,000 for a twelve-month
period to be paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In June 2008, the City Council approved an agreement with the workers' compensation bill review
firm of ACS/ComplQ Corporation to provide medical bill review services that consist of reducing medical
provider charges to conform to State mandated guidelines and to take advantage of other discounts that
may be available.
The original agreement was for a term of two years with an optional third year at the discretion of
the City. The City has been very pleased with the services received from ACS/ComplQ, and wishes to
exercise the option for the third year.
ACS/ComplQ charges $7 per bill reviewed plus up to twenty-five percent (25%) of savings realized.
During the past twelve (12) months, the City has realized a net savings (after ComplQ fees) of $8,517,273.
Fees paid to ComplQ during that period totaled $144,646. The contract calls for fees not to exceed
$150,000 in any single year.
Staff recommends approval of the contract with ComplQ.
RAK
January 27, 2010, 8:18AM
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ADMINISTRATIVE REPORT
°
IF
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: r
TO: Honorable Mayor and City Council APPROVED
FROM: Steven Teglia, Acting Human Resources ManageriDEPARTMENT HEAD
1 AO
DATE: February 26, 2010 S CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 5 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for Emotional Health Care Insurance.
RECOMMENDATION:
Staff recommends approval of this contract amendment.
BACKGROUND:
The new American Recovery and Reinvestment Act of 2009 (ARRA) included changes to the Health
Insurance Portability & Accountability Act (HIPAA). According to the ARRA, PacifiCare is required to
amend all their current contracts to include this new ARRA Business Associate Agreement. This
agreement provides, among other things that PacifiCare will assume the responsibility and costs
associated with sending the notices required under the Breach Regulations for any Breaches that
result solely from PacifiCare's failure to comply with their business associate obligations. There is no
monetary impact to the City with the approval of this amendment.
0~ wr+o +r
U ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 'N k
DATE: February 24, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Contract Change Order No. 1 to Agreement No. 09-109 with Granite
Construction ($145,675.69, for a revised not to exceed amount of
$1,696,479.69) for the project known as Pavement Rehabilitation 2009 Phase 1
Mt. Vernon Avenue from SRI 78 to University Avenue (Ward 3).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the pavement rehabilitation of Mt. Vernon Avenue from
SR 178 to University Avenue.
During the excavation of the roadway on Mt Vernon Avenue, a previously undetected traffic
signal interconnect conduit was damaged. This work requires the contractor to pull out the
existing interconnect cable, repair and rearrangement of the existing conduit, and then wiring
the interconnect system to its original condition. The contractor has agreed to accept a lump
sum of $11,050.63 for performing this work.
Several buried man-made concrete objects were discovered during the roadway excavation
process on Mt. Vernon Avenue. These items conflicted with the new roadway grades and had to
be either removed or modified. The contractor has agreed to do this work for the lump sum price
of $14,735.65,
The median curb on Mt. Vernon Avenue south of Columbus Avenue needs to be removed and
replaced prior to placement of the new paving. The new median curb alignment and grade will
provide for proper drainage and larger left turn storage capacity. The contractor has agreed to
do this work for the lump sum price of $18,962.19.
During construction, it was discovered that the existing cross gutters on the east side of Mt.
Vernon Avenue are severely deteriorated and need to be replaced. The new cross gutters will
be constructed to the current standards which will allow for larger drainage capacity thereby
extending the life of the adjacent pavement. As part of this construction, the street sections east
of these cross gutters will need to be reconstructed and regraded. The cost to construct the
cross gutters will be $98,660.00 and the street reconstruction work cost can be done for a lump
sum of $36,894.62.
The curb and gutter at all of the bus stops within the project area are severely deteriorated due
to the bus traffic at that site. The contractor has agreed to replace the existing unreinforced
RM (Construcflon)
February 25, 2010, 10:32AM
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curb and gutter in these areas with reinforced curb and gutter for $8,910.00,
Four ADA ramps had to be modified from the plan in order to conform to the existing conditions
and to be compliant with ADA standards. These modifications included the addition of 4
truncated dome panels at the various locations. The contractor has agreed to accept $1,200.00
for installing these additional panels.
Several contract item quantities had to be either increased or decreased in order to construct
the project per the plans and specifications. These changes will result in a net credit to the City in
the amount of ($44,737.40),
This is the first change order to be submitted for this project. This change order will increase the
project total by $145,675.69 (which results in a 9.4% increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $1,550,804.00
• Amended Contract Agreement after Change Orders = $ 145,675.69
Net Increase to date = $1,696,479.69
RM (Construction)
February 25, 2010, 10:32AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: $
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 24, 2010 CITY ATTORNEY D~
CITY MANAGER ~W
SUBJECT: Contract Change Order Nos. 1 through 3 to Agreement No. 09-111 with
Maverick Asphalt and Construction ($82,117.56, for a revised not to exceed
amount of $1,865,661.46) for the project known as Pavement Rehabilitation
2009 Phase 3 Various Locations (Wards 6 & 7).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for reconstructing and rehabilitating Wilson Road from
White Lane to Planz Road, Hughes Lane from White Lane to Planz Road, and Wible Road from
Pacheco Road to White Lane using a full depth reclamation (FDR) process.
Contract Change Order No. 1 provides for the following:
1) Modifying the specified FDR mix design process on Wilson Road. This became
necessary when soil tests performed as part of the project revealed that cement
needed to be substituted for a portion of the specified asphalt emulsion in order to
provide the needed stability in the processed section of roadway.
2) Removing and replacing deteriorated sections of curb and gutter, replacing broken
unreinforced sections of curb and gutter at bus stops within the project area with
reinforced sections of curb and gutter, as well as Installing ADA compliant ramps at
various locations throughout the project, All of these previously unknown conditions
were discovered during the construction process.
The contractor has agreed to accept a total of $21,101,51 for performing this additional work.
Contract Change Order No. 2 provides for the following:
1) Extending the FDR process on Wible Road from the railroad tracks south through the
intersection of Pacheco Road. This area of work was removed from the project during
the design phase because of funding Issues; however, due to favorable bids received
for this project, there Is enough funding available to do this work.
2) Changing the profile of the roadway on Wible Road at the railroad tracks. This
additional work is needed because after the project was designed, San Joaquin
Railroad replaced the crossing panels at the railroad tracks. This railroad work raised
the elevation of the roadway causing a "hump" at the railroad tracks, This work will
RM (Construction)
February 25, 2010, 3:OOPM
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provide a smooth transition for the traveling public on Wible Road as they cross the
railroad tracks.
The contractor has agreed to accept a total of $27,033.60 for performing this additional work.
Contract Change Order No. 3 provides for eight items of additional unanticipated work that
needed to be performed as part of this agreement. The contractor has agreed to accept a
total of $33,982.45 to perform work on the following items:
1) A traffic signal pull box that was not shown on the plan needed to be relocated as part
of the work on Hughes Lane. This pull box was discovered to be broken thereby requiring
a new pull box to be furnished and installed.
2) After traffic control was set up on Wible Road in accordance with the approved traffic
control plan, San Joaquin Railroad ordered that the delineation be modified and
extended in order to meet their safety guidelines.
3) During construction, a deteriorated under sidewalk . drain on Hughes Lane was
discovered. This drainage facility needed to be removed and replaced to provide for
pedestrian safety and to prevent accelerated deterioration of the new pavement,
4) During the construction of the ADA ramp on Hughes Lane at White Lane, an abandoned
concrete foundation was discovered. This foundation had to be removed in order to
properly construct the ADA ramp.
5) Two areas of saturated and unstable soil were discovered on Wilson Road and on Hughes
Lane. These areas needed to be stabilized in order to provide for a proper structural
section for the newly paved roadway.
6) During construction operations breaches were discovered in the storm drain system
located on Hughes Lane at White Lane. Not only did the breaches need to be repaired,
the shallow depth of the storm drain pipe required that a concrete cap be poured over
the top of the pipe to withstand the traffic loads of this roadway.
7) Two previously undetected survey monuments were discovered on the project that will
require adjustment after the paving of the roadway.
8) Nine additional traffic detector loops will need to be installed on this project. These
additional installations are necessary because the wiring of these loops fell within the
areas of the roadway that required rehabilitation.
The cumulative cost affect of Contract Change Orders 1 through 3 will increase the project total
by $82,117.56 (which results in a 4.6% increase of the original contract amount) as illustrated
below:
• Original Contract Amount $1,783,543.90
• Amended Contract Agreement after Change Orders = $1,865,661.46
Net Increase to Date = $ 82,117.56
NOTE: Maverick Asphalt Construction has filed for bankruptcy and has notified the City of their
Intent to terminate this agreement. These change orders are for work accomplished
prior to this event. Payment for this work will be made in coordination with the bonding
company and the bankruptcy trustee.
RM (Construction)
February 25, 2010, 3:OOPM
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ADMINISTRATIVE REPORT
cA IF~
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: , u„
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD MIA
DATE: February 25, 2010 CITY ATTORNEY Of
CITY MANAGER fCsJ
SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Contract Change Order No. 11 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($399,139; for a revised not to exceed amount of $218,711,449).
2. Transfer $399,139 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order and transfer.
BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve
odor control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3
to comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
The detailed descriptions of each change order item are summarized in the attached Change Order.
Change Order No. 11 provides for the negotiated resolution for these items. In general, the reasons for
the change order are either unknown site conditions or required design revisions due to various reasons.
Since the contractor's original bid did not provide for these items as shown in the attachment, a change
order is required. The City and Construction Manager determined that these claims have merit.
This is the eleventh change order to be submitted for this project. This change order will increase the
contract by $399,139. Cumulative change orders to date total $7,690,449 (which is an increase of
3.64% of the original contract amount) as illustrated below:
• Original Contract Amount = $211,021,000.00
• Amended Contract Agreement after Change Orders = $218,711,449.00
Net Increase to date = $7,690,449.00
Construction is on schedule with completion anticipated in April 2010. It is also anticipated that total
cost of change orders for this project will be less than industry standards for projects of similar
complexity and magnitude.
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action.
CADOCUME- 1 \glorenzi\LOCALS-1 \Temp\XPgrpwise\CCO 11 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114)_1.doc
AC
A
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD _.-.g DATE: February 24, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 06-169 with Raymundo Engineering
Company, Inc. ($35,000.00; for a revised not to exceed amount of $211,963.00) for
construction support services for the Bakersfield LNG / LCNG Fueling Facility at So.
Mt. Vernon Avenue & East Planz Road Project, (Ward 1).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: At the June 21, 2006, Council meeting, Agreement No. 06-169 with Raymundo
Engineering Company, Inc (Consultant) was approved. This Agreement provided design
consultant services for a Liquefied Natural Gas (LNG) and Liquefied Compressed Natural Gas
(LCNG) fueling station at South Mt Vernon Avenue and East Planz Road. This new fueling station
will increase operational efficiency of waste and refuse collection. The original agreement was
for $176,963.
Staff recommends amending the current agreement to provide for construction support services
during the construction phase. An additional $35,000 is needed for these services. In a separate
Administrative Report on tonight's agenda, the construction contract for this project is proposed
to be awarded to Wyoming North Star, Inc, In the Administrative Report to award the
construction project, additional federal and local match funds are recommend for
appropriation. Because of these additional appropriations, no additional funding is required to
fund this Amendment.
(REB)
(96K103 / CML-5109-094.)
February 25, 2010, 11:13AM
G:\GROUPDAT\ADMINRPT\2010\03-10\DESIGN AGREEMENT AMENDMENT-RAYMUNDO (LNG).doc
O~ BA A
ADMINISTRATIVE REPORT
cA JF ~ v
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 23, 2010 CITY ATTORNEY
CITY MANAGER l~
SUBJECT: Bakersfield LNG/ LCNG Fueling Facility - S. Mt. Vernon Ave. & E. Planz Rd. (Ward 1):
1. Accept Base Bid only and award contract to Wyoming North Star, Inc.
($2,193,628.40).
2. Appropriate $849,767 Federal Congestion Management Air Quality Funds to the
Public Works Department's Capital Improvement Budget within the SAFETEA-LU
Fund.
3. Appropriate $550,000 Refuse Fund Balance to the Public Works Department's
Capital Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and
approval of appropriations.
BACKGROUND: This project consists of constructing a Liquefied Natural Gas (LNG) and Liquefied
Compressed Natural Gas (LCNG) fueling station at South Mt Vernon Avenue and East Planz
Road. This is the second time the City of Bakersfield has bid this project. During the first bid
process, this LNG/LCNG project was combined with another federally funded project (Shoulder
Paving) with the Intent to realize economies of scale, since both projects were in the same
vicinity and impacted each other. By combining these two projects in one bid package, the
City received only one bid from ET Environmental California, Inc. The City rejected the bid
because the funding was insufficient to build the combined project. The shoulder paving project
has already been awarded with construction completed.
Given the unsuccessful bid, the City worked with Caltrans to secure additional funds to make up
the short fall for the LNG/LCNG fueling station project. During the current bidding process, the
bidding specifications for the LNG/LCNG fueling station project Included a base bid and six
additive alternates. Due to funding constraints, sufficient funds are available to award the base
bid only.
February 25, 2010, 10:55AM
G:\GROUPDA'MDMINRPT\2010\03-10\ LNG_LCNG Fueling Facility.doc
ADMINISTRATIVE REPORT
Staff recommends appropriating an additional $849,767 of Federal Congestion Management Air
Quality Funds to the project budget since staff was able to obtain additional federal funding for
this project. Total federal construction funds authorized for this project total $2,284,438. In
addition, staff recommends funding the local match requirement with Refuse Fund balance
since the project is needed for alternative fuel vehicles in the refuse collection fleet. The amount
recommended for appropriation within the Refuse Fund is $550,000,
The Engineer's Estimate for this construction contract was $2,400,000.
The contract is to be awarded based on the Base Bid amount only, On February 18, 2010, a total
of four bids were received; all of those bids are acceptable, Those acceptable bids are as
follows:
Wyoming North Star, Inc.
180 Mountain View Drive
Evanston, WY 82930 Base Bid in the amount of $2,193,628.40
General Physics Corporation
1918 Don Lee Place
Escondido, CA 92029 Base Bid in the amount of $2,417,618.97
S.C. Anderson, Inc.
2160 Mars Court
Bakersfield, CA 93308 (City) Base Bid in the amount of $2,939,760.82
ARB, Inc.
3500 Pegasus Drive
Bakersfield, CA 93308 (City) Base Bid in the amount of $3,622,398.00
(tma)
(96K103 & CML-5109-094)
February 25, 2010, 10:55AM
G:\GROUPDAT\ADMINRPT\2010\03-10\ LNG_LCNG Fueling Facility.doc
BA
OFya , +
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ x
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 25, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bids from DDL Traffic, Inc. ($33,606.21), McCain, Inc. ($77,347.93) and
Jam Services, Inc. ($200,219.20) for signal equipment. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bids for signal equipment.
BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for signal
equipment. Eleven (11) bids were received in response to the solicitation.
In accordance with the terms of the bid, the City may accept any item or group of items bid,
or award the bid on the basis of total bid. In order to get the most favorable pricing, staff
recommends the award be split as follows:
BIDDER AMOUNT ITEMS GROUP
DDL Traffic, Inc. $ 33,606.21 Signal interruption/Pre-emption Equipment
Chino Hills, California (Opticom)
McCain, Inc. $ 77,347.93 Controller Equipment & Signal Interconnector
Vista, California Equipment (Encom)
Jam Services, Inc. $200,219.20 Signal Poles & Mast Arms
Livermore, California
A spreadsheet showing unit prices is attached.
Purchasing Division
S:\PURCH\ADMIMAdmin 09-10\Signal Equipment, 09-10-36, March 10, 2010.docx
A
O o,
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,/t<
DATE: February 23, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Victory Engineers, Incorporated (not to
exceed budgeted amount of $80,000) for the annual contract for canal liner
repair. (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 six hundred (600) suppliers for the Annual
Contract for canal liner repair. Two (2) bids were received in response to solicitation. The bids
solicited were based on a list of canal liner repair descriptions 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 canal liner repair is $80,000. 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 two (2) bids received are listed below.
BIDDER AMOUNT
Victory Engineers, Inc. $ 81,450.00
Fresno, CA
Jim Alfter Cement Contractor $100,482.50
Bakersfield, CA
Staff finds the low bid submitted by Victory Engineers, Incorporated, Fresno, to be acceptable
and recommends award of the contract in the amount of $80,000.
Purchasing Division
S:\PURCH\ADMIN\Admin 09-10\AC for Canal Liner Repair, 09-10-40, March 10, 2010.docx
February 23, 2010, 11:32AM
A
u
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2010 AGENDA SECTION: Consent Calendar
ITEM: , Z
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA
DATE: February 23, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: SR 178/Fairfax Road (TRIP) (Ward 3)
1. Appropriate $3,589,586 in Federal SAFETEA-LU funds to the Public Works capital
improvement budget within TRIP.
RECOMMENDATION:Staff recommends approval of appropriations.
BACKGROUND:
This project consists, in general, of construction of a freeway interchange on State Route 178 (SR-
178) at Fairfax Road and the extension of the SR-178 freeway for approximately one mile, from
just east of the Oswell Street overcrossing to just west of Morning Drive.
Originally, $25,300,000 of federal TRIP funds were allocated towards the construction of the SR
178/Fairfax Road Interchange. With this additional $3,589,586.00 appropriation, a total of
$21,106,718 will have been appropriated from this $25,300.000 amount. Staff believes this
appropriation will be adequate to complete outstanding payments on the Fairfax project. Once
the Fairfax project Is completed, any remaining un-appropriated TRIP federal funds (currently
$4,193,282) allocated to the Fairfax project will be transferred to the upcoming SR1 78/Morning,
Drive interchange project.
February 23, 2010, 8:25AM
V:\TERA\TRIMAdmin reports\178 E-76 Admend.doc
B.A.4 Rs
ADMINISTRATIVE REPORT
ILA
LIFO
MEETING DATE: March 10, 2010 AGENDA SECTION: Hearings
ITEM: Ia. CL.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director `I
DEPARTMENT HEAD ,
DATE: January 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Hearing to consider a Resolution approving and adopting an adjusted fee for the
development and improvement of parks within the City of Bakersfield (proposed 4%
increase based upon Construction Cost Index). (All Wards)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the
following is the Public Works Director's annual report to the City Council with updated, new, or
additional information regarding the fee amount collected for the development of parks within
the City. Staff recommends increasing the current $1,615 per dwelling unit fee to $1,680 per
dwelling unit (4% increase). This increase is based entirely on the rise in the Construction Cost
Index (CCI). Recreation and Parks Department staff has reviewed the cost components of the
park development fee, and other than the CCI, no changes are recommended.
The park development fee was last adjusted in August, 2008.
Informational notices were mailed to the Home Builders Association of Kern County, American
Institute of Architects, and North Bakersfield Recreation and Parks District.
ps
G:\GROUPDAT\ADMINRPT\2010\03-10\Pork Dev Fee Admin.doc
Q~ uB.PO ,r
ADMINISTRATIVE REPORT
~A A
MEETING DATE: March 10, 2010 AGENDA SECTION: Deferred Business
ITEM: 14. a.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 3, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Regarding Tow Truck Services
RECOMMENDATION:
The majority of the Budget and Finance Committee recommends adoption of the Resolution,
BACKGROUND:
On January 27, 2010, the City Council referred the issue of updating the City's existing policy
regarding how the City contracts for tow truck services to the Budget and Finance Committee
for further discussion. Attached, for your reference, is the Administrative Report that summarized
the issue and was provided to the Council on January 27, 2010.
On March 3, 2010, the Budget and Finance Committee met to discuss the issue. After a lengthy
meeting, which included extensive public input, the Majority committee recommendation was
for the Council to approve the attached Resolution. Due to the split vote on this issue, staff was
directed to provide both a Majority and Minority Report to the Council for consideration, both of
which are attached, The Resolution pending before the Council reflects the Majority
Recommendation.
March 5, 2010, 8:32AM
S:\Steve TegliaTolice\Towing\Tow Reso Admin 3_10_10.docx
o~ NCO o.KEd'sc~
BAKERSFIELD CITY COUNCIL
U _014 MINUTES
MEETING OF FEBRUARY 10, 2010
IFO
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting 2:30 p.m.
SPECIAL MEETING - 2:30 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan
Absent: Hanson
2. PUBLIC STATEMENTS
Michael Turnipseed spoke regarding the law of
unintended consequences as it relates to today's
agenda; and provided handouts and spoke
regarding open-ended franchise and Kern River water
rights, and requested the Council contact the State
Water Resources Control Board and ask for a 90-day
deferral, meet with the interested parties, bring in
some arbitration and settle this in our own backyard
rather than passing control of our water rights to the
State.
John Flores spoke regarding the proposed Ballot
Measure and suggested it not be rushed.
Tiffany Horton spoke regarding the proposed Ballot
Measure and advised that negotiations with SEIU are
not stalled.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Bakersfield Police Officers'
Association v. City of Bakersfield - KCSC Case
No. S-1500-CV-268290 NFT.
Bakersfield, California, February 10, 2010 - Page 2
3. CLOSED SESSION continued ACTION TAKEN
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (1) (3) (A) of Government Code Section
54956.9 (One matter).
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Scrivner to adjorn to Closed APPROVED
Session at 2:41 p.m. AB HANSON
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 4:20 p.m. AB HANSON
RECONVENED MEETING AT 4:24 P.M.
Vice-Mayor Scrivner indicated that placing the Ballot
Measure on the June ballot is not the best course as
there are legal risks involved, and he asked staff to go
back to the bargaining table with Police and Fire to
attempt to achieve pension reforms, with the option of
moving forward with a ballot measure in November,
with a June deadline to do so; and he rescinded his
request for a ballot measure to be placed on the
February 17th Agenda.
Councilmember Couch advised he concurred with
Vice-Mayor Scrivner's comments.
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(a) of Government Code Section 54956.9
regarding Bakersfield Police Officers'
Association v. City of Bakersfield - KCSC Case
No. S-1500-CV-268290 NFT.
NO REPORTABLE
b. Conference with Legal Counsel - Potential ACTION
Litigation; Closed Session pursuant to subdivision
(b) (1) (3) (A) of Government Code Section
54956.9 (One matter).
C. Conference with Labor Negotiator pursuant to NO REPORTABLE
ACTION
Government Code Section 54957.6.
Bakersfield, California, February 10, 2010 - Page 3
5. NEW BUSINESS ACTION TAKEN
a. Discussion regarding Language for Proposed
Ballot Measures.
City Attorney Gennaro announced that, based on the
comments made by Vice-Mayor Scrivner and
Councilmember Couch (see Page 2), New Business
Item 5.a. does not need to be discussed.
6. COUNCIL AND MAYOR STATEMENTS
Vice-Mayor Scrivner stated that if any type of reform is
enacted and it goes to the ballot, the most important
thing is to make sure that any such measure is going to
be defensible legally for it to actually become policy,
which is why the change in direction is prudent.
7. ADJOURNMENT
Mayor Hall adjourned the meeting at 4:29 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
BA E[o~ ~RAt~'rsC~ BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 17, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch (present 5:46 - 7:27 p.m.) Hanson,
Sullivan
Absent: None.
2. INVOCATION by Minister Gurujodha S. Khalsa, Guru
Ram Das Academy/Gurdwara.
3. PLEDGE OF ALLEGIANCE by Lillian Stacey, 31d grade
student at Olive Drive School.
Mayor Hall recognized the government and political
science students from Bakersfield College, the early
childhood education group from Taft College, and
the government class from Ridegeview High School in
attendance at the meeting to learn about City
government.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Ray Scott, administrator for Price Disposal and
chairman for the Greater Bakersfield Green
Expo spoke about the upcoming Expo on
April 17th, invited everyone to attend, and
provided a handout.
Bakersfield, California, February 17, 2010 - Page 2
ACTION TAKEN
6. WORKSHOPS
a. Status update on the California High Speed Rail
Project.
Carrie Bowen, Regional Director for the California High
Speed Rail Authority made comments and provided a
handout.
Councllmember Benham asked staff to be thinking
about the appropriate way to receive public input and
study the possibility of adopting a resolution and report
back within the next two months; provide Information
regarding mitigation of impacts In each of the two
alternative routes, and educate the community.
7. APPOINTMENTS
a. One appointment to the Board of Directors of
the North of the River Recreation and Park
District due to the expiration of term of Bob
Blakemore, term expired December 31, 2009.
Administrative Assistant Lawrence announced one
application was received from Dana Ann Martin.
Motion by Vice-Mayor Scrivner to appoint Dana Ann APPROVED
Martin to a four-year term to the Board of Directors of AB COUCH
the North of the River Recreation and Park District,
expiring December 31, 2013.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 27, 2010
Regular City Council Meeting.
Payments:
ABS WEIR
b. Approval of department payments from
January 15, 2010 to February 4, 2010 in the
amount of $20,676,477.68 and self-insurance
payments from January 15, 2010 to
February 4, 2010 in the amount of $390,349.63.
Ordinances:
FR
C. First Reading of Ordinance amending Chapter
10.80 of the Municipal Code relating to Kern
River Bicycle Trail.
Bakersfield, California, February 17, 2010 - Page 3
ACTION TAKEN
8. CONSENT CALENDAR continued
FR
d. First Reading of Ordinance amending Municipal
Code Section 1. 12.060 by adding Annexation
No. 503 consisting of 465.15 acres located on
the south side of Taft Highway, along the west
side of Stine Road, east of Gosford Road, and
Annexation No. 515 consisting of 11.37 acres
located on the south side of Taft Highway
between Stine and Ashe roads to Ward 6.
Resolutions: REMOVED FOR
SEPARATE
e. Resolution declaring state of severe fiscal CONSIDERATION
hardship.
RES 015-10
f. Resolution confirming approval by the Assistant
City Manager of the Chief Code Enforcement
Officer's report regarding assessments of
certain properties in the City for which
structures have been secured against entry or
for the abatement of certain weeds, debris and
waste matter, and authorize collection of the
assessments by the Kern County Tax Collector.
g. Aera Park playground equipment:
RES 016-10
1. Resolution determining that Game Time
age 5-12 Powerscape Plus Hybrid
playground equipment cannot be
reasonably obtained through the usual
bidding procedures and authorizing the
Finance Director to dispense with
bidding, not to exceed $15,200.
2. Approve the purchase of playground
equipment from Game Time ($15,200).
3. Approve the installation for playground
equipment from Community
Playgrounds ($8,580).
4. Appropriate $10,000 AERA Energy
contribution to the Recreation and Parks
Department Capital Improvement
Budget within the Capital Outlay Fund
for the purchase of playground
equipment.
Bakersfield, California, February 17, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.g. continued
5. Transfer $13,780 from a budgeted
Capital Improvement Project within the
Capital Outlay Fund to fund the award
of this project.
h. Purchase of Specialized Detection Equipment:
1. Resolution determining that Smith's RES 017-10
Detection specialized detection
equipment cannot be obtained through
the usual bidding procedures and
authorizing the Finance Director to
dispense with bidding therefor (not to
exceed $109,988).
2. Approve the purchase of Smith's
Detection specialized detection
equipment in the amount of $109,988.
i. Amendment No. 12 to Resolution No. 049-06 RES 049-06(12)
approving memorandum of understanding for
employees of the Blue and White Collar units
and adopting salary schedule and related
benefits for Heavy Equipment Operator -
Wastewater.
j. Resolution of Intention No. 1655 ordering the RO/ 1655
vacation of the northerly 3.5' of the 10' flowage
easement on Parcel 1 of amended Parcel map
No. 11220 located at 4815 Panama Lane.
Agreements:
k. Agreement with Equilon Enterprises, LLC, dba AGR 10-015
Shell Oil Products US ($1,500,000) for the
relocation of an oil pipeline facility located on
the north side of Brimhall Road for the Westside
Parkway Phase II Project. (TRIP)
AGR 10-016
1. Consent to Common Use Agreement with
P.G. & E. for areas the Westside Parkway crosses
underneath PG&E's tower lines at Mohawk
Street. (TRIP)
M. License Agreement with Southern California AGR 10-017
Gas Company to relocate natural gas service
being displaced by the construction of the
Westside Parkway at the Cross Valley Canal
south of the Flying J refinery. (TRIP)
Bakersfield, California, February 17, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
n. State Route SR-178 and Fairfax Road
interchange Project: (TRIP)
1. Agreement with PB Americas, Inc. AGR 10-018
(formerly Parsons Brinckerhoff Quade &
Douglas, Inc.) ($1,745,398.93) for the
payment of the cost for the
reconstruction of the westbound off
ramp and for modifications to the
eastbound on ramp.
2. Contract Change Order No. 90 to AGR 07-304
Agreement No. 07-304 with Security 00090
Paving Construction ($1,485,385.40;
revised not to exceed $31,957,814.27)
3. Appropriate $1,745,398.93 consultant
share of project costs from PB Americas,
Inc. to the Public Works Department's
Capital Improvement Budget within the
Capital Outlay Fund.
o. Agreement with San Joaquin Community AGR 10-019
Hospital for Fire Department Paramedics to
attend quarterly manipulative skills
competency practice sessions.
P. Amendment No. 1 to Agreement No. CA08-019 AGR 10-020
with outside counsel, Griswold, LaSalle, Cobb,
Dowd & Gin, LLP for legal services in the matter
of City v. Big West of California, et al., Kern
County Superior Court Case No.
S-1500-CV-260449 WDP (not to exceed
$100,000).
q. Amendment No. 1 to Agreement No. 09-043 REMOVED FOR
with the Housing Authority of the County of Kern SEPARATE
9 Y Y CONSIDERATION
($625,000 reduction; revised not to exceed
$1,795,709) for Neighborhood Stabilization
Program (NSP) Housing Acquisition and
Preservation Program.
r. Amendment No. 1 to Agreement No. 09-137 AGR 09-137(1)
with the Housing Authority of the County of Kern
($1,125,000; revised not to exceed $4,815,000)
for the purchase and rehabilitation of a
foreclosed 99-unit independent living facility
located at 2221 South Real Road.
Bakersfield, California, February 17, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
S. Department of Housing & Urban Development,
Community Development Block Grant,
Neighborhood Stabilization Program Action
Plan Amendment No. 10 (FY08/09) to
reprogram funds from acquisition and
rehabilitation of REO units by the Housing
Authority of the County of Kern and provide
additional rehabilitation assistance for
Pinewood Glen Senior Housing Project located
at 2221 South Real Road.
t. Amendment No. 1 to Agreement No. 09-025 AGR 09-025(1)
with Power Management Incorporated
($60,100; revised not to exceed $140,000) for
repair and maintenance of Deutz engine at
Wastewater Treatment Plant No. 2.
U. Amendment No. 1 to Agreement No. 08-222 AGR 08-222(1)
with the County of Kern ($201,166; revised not
to exceed $848,166) for equipment, software,
training, planning or other professional services.
(Homeland Security Grant funding)
V. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 10 to AGR 07-302
Agreement No. 07-302 with Kiewit Pacific 00010
Corporation ($607,000; revised not to
exceed $218,312,310).
2. Transfer $607,000 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department's
Capital Improvement Budget.
Bids:
W. Accept bid and award contract to Turnupseed AGR 10-021
Electric Services, Inc. ($108,065) for the
installation of traffic monitoring cameras 08-09.
Bakersfield, California, February 17, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
X. FY2009-10 Community Development Block REMOVED FOR
Grant (CDBG) awarded to Police Department SEPARATE
to add two Police Officer positions to patrol the CONSIDERATION
Mill Creek/Downtown area:
1. Add two Police Officer positions to the
Police Department complement.
2. Appropriate $260,000 CDBG Cost
Allocation Revenues to the Police
Department FY2009-10 Operating
Budget in the General Fund for hiring of
two Police Officers.
Y. Appropriate $75,400 Transportation
Development Act Article 3 Grant funds to the
Public Works Department's Capital
Improvement Budget within the Bikeway and
Pedestrian Pathway Fund for marking bike lanes
on existing streets within the City at three sites.
Z. Acceptance of financial audit reports.
aa. Acceptance of 2008-09 Transportation
Development Act Funds financial statements.
bb. Grant of easement to P.G. & E. to relocate DEED 7272
electrical service being displaced by the
construction of the Westside Parkway at Coffee
Road. (TRIP)
CC. Amendment No. 1 to Agreement No. 09-104 AGR 09-104(1)
with Kern Sprinkler Landscaping, Inc. ($50,000;
revised not to exceed $140,000) for the Annual
Contract for irrigation and landscaping
services.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Councilmember Carson requested item 8.q. and 8.x.
be removed for separate consideration.
Vice-Mayor Scrivner requested item 8.e. be removed
for separate consideration.
Bakersfield, California, February 17, 2010 -Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Items 8.a. through 8.cc., with the removal of AB COUCH
items 8.e., 8.q. and 8.x. for separate consideration.
e. Resolution declaring state of severe fiscal RES 014-10
hardship.
At the request of Vice-Mayor Scrivner, City Manager
Tandy provided an explanation of this item.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar item 8.e. AB COUCH
q. Amendment No. 1 to Agreement No. 09-043 AGR 09-043(1)
with the Housing Authority of the County of Kern
($625,000 reduction; revised not to exceed
$1,795,709) for Neighborhood Stabilization
Program (NSP) Housing Acquisition and
Preservation Program.
At the request of Councilmember Carson, Economic
Development Director Kunz provided an explanation
of this item.
Motion by Councilmember Carson to adopt Consent APPROVED
Calendar Item 8.q. AS COUCH
X. FY2009-10 Community Development Block
Grant (CDBG) awarded to Police Department
to add two Police Officer positions to patrol the
Mill Creek/Downtown area:
1. Add two Police Officer positions to the
Police Department complement.
2. Appropriate $260,000 CDBG Cost
Allocation Revenues to the Police
Department FY2009-10 Operating
Budget in the General Fund for hiring of
two Police Officers.
At the request of Councilmember Carson, Economic
Development Director Kunz provided clarification on
this item.
Motion by Councilmember Carson to adopt Consent APPROVED
Calendar item 8.x. AS COUCH
Bakersfield, California, February 17, 2010 - Page 9
9. CLOSED SESSION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Bakersfield Police Officers'
Association v. City - KCSC Case No.
S-1500-CV-268290 NFT.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (1) (3) (A) of Government Code Section
54956.9 (One matter).
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:45 p.m. AB COUCH
Councilmember Couch was present at Closed Session.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7:20 p.m.
RECONVENED MEETING AT 7:27 p.m.
10. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(a) of Government Code Section 54956.9
regarding Bakersfield Police Officers'
Association v. City - KCSC Case No.
S- 1 500-CV-268290 N FT.
b. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b) (1) (3) (A) of Government Code Section
54956.9 (One matter).
C. Conference with Labor Negotiator pursuant to NO REPORTABLE
ACTION
Government Code Section 54957.6.
11. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering RES 018-10
the vacation of the sewer line easement
located at 9628 Rosedale Highway. (Staff
recommends adoption of Resolution.)
Bakersfield, California, February 17, 2010 - Page 10
11. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. Public Hearing to consider 13 Resolutions of RES 019-10
Necessity ("RON") to determine whether the RES 020-10
public interest and necessity require acquisition RES 021-10
by eminent domain of temporary construction RES 022-10
easements upon/across/over property located RES 023-10
in Bakersfield, California, specifically: RES 024-10
APN 409-491-06, APN 409-562-07, RES 025-10
APN 409-562-16, APN 409-562-19, RES 026- 10
APN 409-562-21, APN 409-592-06,
APN 409-611-07, APN 409-611-10,
APN 409-611-11, APN 500-551-09,
APN 500-611-12, APN 500-620-10, and
APN 500-620-11, for the Westside Parkway
project. (TRIP) (Staff recommends adoption of
Resolutions.)
Administrative Assistant Lawrence announced
settlement was reached on the following five
properties: APN 409-592-06, APN 409-611-07,
APN 409-611-10, APN 500-620-10, and
APN 500-620-11.
Consent Calendar Public Hearings opened at
7:29 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 7:29 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Public Hearing items I I.a. and I I.b. AS COUCH
12. HEARINGS
None.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
Bakersfield, California, February 17, 2010 -Page 11
16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Counclimember Benham asked staff to respond to a
request from the Pastoral Council of St. Philip the
Apostle Catholic Church regarding the installation of
the three-way traffic signal.
In response to a question from Councilmember Weir,
Public Works Director Rojas provided an oral update
on the timeline for the completion of the work on the
Fairfax ramp, indicating it should take about three
months to complete all the work.
Vice-Mayor Scrivner referred the issue of licensing
requirements for transient jewelry buyers to the
Legislative and Litigation Committee.
Vice-Mayor Scrivner thanked City Clerk Gafford for
her assistance with the students visiting from China.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:34 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield