HomeMy WebLinkAbout03/24/10_CC_AGENDA_PACKET
AGENDA HIGHLIGHTS
March 24, 2010 COUNCIL MEETING
REGULAR MEETING - 5:15 c.m.
APPOINTMENTS
There will be one (1) appointment to the Historic Preservation Commission.
CONSENT CALENDAR
Ordinances
Item 8c. First Readina of Ordinance Amendments Relating to Specific Design Criteria
for New Development in Northeast Bakersfield. Since mid-2009, the Planning and
Development Committee has been working on the implementation of a Northeast
Bakersfield Community concept to preserve and enhance the unique aspects of that
area. This proposed ordinance amendment will define three main concepts for new
development in the Northeast, including: architectural design for commercial projects,
landscaping, and outdoor lighting. It will encompass the geographic areas that
includes all lands in the City limits east of Fairfax Road (any any northern extension
thereof), and north of the Union Pacific Railroad that parallels Edison Highway.
Resolutions
Item 8g. Resolution Dispensing with Bidding Procedures Due to Emergency Sewer
Repairs at 32nd and H Streets. Staff has made an emergency repair on a failed portion
of a sewer line within the Union Pacific Railroad's right-of-way near the intersection of
32nd and H Streets. Further investigation on a larger segment of the line has revealed
that the bottom has deteriorated and must be replaced Immediately in order to avoid
another failure. Staff is working with a firm experienced In these types of repairs, W.M.
Lyles Company in order to proceed as soon as possible. Until the contractor starts the
work, the extent of damage will not be known. This action is to request the City
Council's approval to dispense with normal bidding procedures and to appropriate
$200,000 (a not to exceed amount, however the amount is only a rough estimate of the
repair costs) from the Sewer Enterprise Fund Balance (WWTP No. 2) to the Public Works
Capital Improvement Budget.
Agreements
Item 81. Agreement for Outside Legal Services. Since 2004, the City Attorney's Office
has outsourced civil rights cases filed in Fresno to Marderosian, Runyon, Cercone et al.
The firm has provided quality representation of the City resulting in general fund savings
for total liability claims and lawsuits, a decrease in frivolous cases filed against the City in
federal court, and greater stability in calculating legal fees for civil rights cases. The
new proposed contract has a five year term, remaining at $750,000 per year for FY
2010/11 through FY 2012/13 (the same amount as the previous contract), and
increasing to $875,000 per year for FY 2013/14 and 2014/15.
Bids
Item 8o. Accept Base Bid and Additive Alternate No. 1 and Award Contract to Security
Pavina in the amount of $ 4,558,723.80 for reconstruction of Mina Avenue from Gosford
Road to New Stine Road (Pavement Rehabilitation - 2009: Phase 4). This is a 100%
federally funded project through the American Recovery and Reinvestment Act
(ARRA). There is sufficient funding to award the base bid, which consists of Ming
Avenue from Gosford Road to New Stine Road and Additive Alternate No. 1, to include
the intersection of Ming Avenue at New Stine Road. A total of five bids (all of which
were acceptable) were received, with Security Paving being the lowest.
Miscellaneous
Item 8v. Appropriation of $480,200 in Redevelopment Funds for Potential Transfer to the
State of California Education Revenue Auamentation Fund. Since 2008, the State has
passed two legislative actions to permit the transfer of redevelopment funds to be used
for State purposes. The California Redevelopment Association filed lawsuits against
those actions. The lawsuits remain unsettled, and the State has issued notification to the
Redevelopment Agency to transfer $2,780,190 for the SERAF shift by May 10, 2010.
Redevelopment funds were budgeted for the shift in FY 2008-09 and in FY 2009/10.
However, an additional $480,200 must be appropriated in the event the CRA does not
prevail in their lawsuits. The Council is asked to approve an appropriation of $240,200
from the Downtown Redevelopment Project Fund Balance and $240,000 from the Old
Town Kern Redevelopment Project Area Fund Balance to the Operating Budgets for
each, so the funding will be available if the State "take" of redevelopment funds
occurs.
Item 8x. Reauest for Qualification (RFQA) Guidelines for Tow Service Contracts. At the
March 10, 2010 meeting, the City Council voted to limit the number of towing contracts
to ten (10), with the current six (b) companies under contract to be Ngrandfathered in"
for a 24 month period from July 1, 2010, and the remaining four (4) company selections
to be made through and RFP/RFQ process. This item presents the RFQ guidelines that
staff was instructed to prepare for the City Council's approval.
CLOSED SESSION
There is one item to discuss the performance evaluation for the City Manager.
CONSENT CALENDAR PUBLIC HEARINGS
Item 11d. Resolution Authorizina the City to Join the CalifornlaFIRST Solar Enerav and
Energy Efficiency Proaram. On March 10, 2010 the City Council adopted a resolution
authorizing Sacramento County to apply for State Energy Program funds on behalf of
the City to fund the costs associated with joining the CaliforniaFIRST Solar and Energy
Efficiency Lending Program. This subsequent action will authorize the City to join the
CaliforniaFIRST program, and in turn, allow residential and commercial property owners
in the City to finance up front costs of energy and water efficiency projects and repay
Agenda Highlights - March 24, 2010 Council Meeting
Page 2
the amount financed on their property tax bill over 20 years. The property
improvements will be financed through the issuance of bonds by California
Communities, a JPA sponsored by the League of California Cities and California
Association of Cities. The City will not be obligated to repay the bonds issued by
California Communities or the assessments levied on the participating properties. The
start up costs of the pilot program are being distributed among the participating
jurisdictions, based on population. The City's share is $20,000 and will be covered by
the grant funding through State Energy Program funds. This action also includes an
appropriation of the $20,000 grant funds to the Non-Departmental Budget in the
General Fund.
REPORTS
Item 13a Mid-Year Budaet Report and Adjustments. At the January 27, 2010 City
Council meeting, the City Manager presented a mid-year budget review that included
a preview of some of the cost savings proposals to be recommended for the FY 2010-11
budget, given the City's difficult financial circumstances. Having progressed with the
budget review, staff recommends that the following reductions be addressed now due
to time sensitivities: not opening Planz and Sjemon Pools, and cancelling the Beale
Band Concerts and Movies in the Parks. Typically, the hiring process for temporary
employees for summer events should begin now. It would not be appropriate to make
hiring commitments and determine later in the budget process that we can not
proceed. In addition to the afore-mentioned recommendations, the Bakersfield
Symphony has been notified that staff is unable to recommend the $50,000 contribution
in FY 2010/11. Staff recognizes that Planz and Sjemon Pools, Beale Concerts, Movies in
the Park, and the Symphony are valued and important activities in our community.
However, with the City in the midst of the worst financial times we have ever
experienced, it is necessary to implement cost reductions now.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - March 24, 2010 Council Meeting
Page 3
0
o BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MARCH 24, 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 Pastor John Scoggins, Rosedale Bible Church.
3. PLEDGE OF ALLEGIANCE by Niki Lynn Hallmark, 2nd grade student at Sandrini Elementary.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Judy Normoyle declaring April 2010,
National Donate Life Month.
b. Presentation by Mayor Hall of Proclamation to Maggie Cushine declaring March 20-
27, 2010 Girls and Boys Week.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Historic Preservation Commission due to the expiration of
term of Scott Fieber, whose term expires March 30, 2010.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 10, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from February 26, 2010 to March 11, 2010 in the
amount of $16,279,621.19 and self-insurance payments from February 26, 2010 to
March 11, 2010 in the amount of $210,519.99.
Ordinances:
c. First Reading of the following Ordinances:
1. Amending Chapter 16.28 (Design Standards) of Title 16 (Subdivisions) of the
Municipal Code to incorporate specific design criteria for new development
in Northeast Bakersfield.
2. Amending Chapter 17.08 (General Regulations), Chapter 17.25 (Central
Business Zone), Chapter 17.26 (Commercial Center Zone), Chapter 17.61
(Landscape Standards), and adding Chapter 17.71 (Outdoor Lighting) of Title
17 (Zoning) of the Municipal Code to incorporate specific design criteria for
new development in Northeast Bakersfield.
8. CONSENT CALENDAR continued
Resolutions:
d. 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.
(Ward 7) e. Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 626 consisting of 33.68
acres located along the south side of Taff Highway, on the east and west side of
Compagnoni Street.
(Ward 2) f. Resolution authorizing filing of application verifying that sufficient funds are available
and that all other matters requisite to awarding the contract for the Grade
Separation on Mohawk Street at the Burlington Northern and Santa Fe Railway Tracks
will be undertaken. (TRIP)
(Ward 2,3) g. Emergency repairs to sewer main near the intersection of 32nd and H streets;
1, Resolution dispensing with bidding procedures due to emergency sewer
repairs, not to exceed $200,000.
2. Appropriate $200,000 Sewer Enterprise Fund Balance (Wastewater Treatment
Plant No. 2) to the Public Works Department's Capital Improvement Budget to
fund said emergency repairs.
h, Amendment No, 3 to Resolution No. 170-94 approving the destruction of certain
obsolete city records, documents, instructions, books and papers, pursuant to
Section 34090 et seq. of the Government Code - City Clerk's Office.
(Ward 3) i. Resolution of Intention No. 1660 to order the abandonment of excess street
dedication on Newquist Drive and North Gate Drive.
Agreements:
(Ward 3) j. Final Tract Map and Improvement Agreements with International Brotherhood of
Electrical Workers, Local 428, for Parcel Map 11866 located south of N. Sillect Avenue
and east of Arrow Street.
k. Agreement with Marderosian, Runyon, et al ($750,000 for FYI 0/11, 11 /12 & 12/13 and,
$875,000 for FYI 3/14 & 14/15) for outside legal services.
1. Agreement with William Avery & Associates, Inc. (not to exceed $99,600, including
expenses) for negotiation and consultant services in employer-employee relations for
two years.
(Ward 1,2,6) M. Contract Change Order No. 6 to Agreement No. 09-075 with Griffith Co. ($67,636.50;
revised not to exceed $3,948,344.52) for the Street Improvements along Stockdale
Highway from Country Club entrance to Ashe Road and Village Lane to Weatherly
Drive Project.
2 City Council Meeting of 3/24/2010
8. CONSENT CALENDAR continued
Bids:
(Word 5,6) n. Accept Base Bid and Additive Alternate No. 1 and award contract to Security
Paving Co. ($4,558,723.80) for the Pavement Rehabilitation 2009 Phase 4 - Ming
Avenue from Gosford Road to New Stine Road Project.
o. Accept bid and award annual contract to Loop Electric, Inc. (not to exceed
$52,250) for vehicle loop cutting.
P. Accept bid and award annual contract to Lamont Fence Co. (not to exceed
$301,854) for installed fencing.
q. Accept bid and award annual contract to Torres Fence Co., Inc. (not to exceed
$41,833.86) for fencing materials.
(Ward 1,2) r. Roof Replacements at Fire Station Nos. 1 and 6 Project:
1. Accept bid and award contract to Graham Prewett, Inc. ($83,000) for project.
2. Approve transfer of $10,000 savings from capital project (Fire HVAC) to the Fire
Department Capital Improvement Budget within the Capital Outlay Fund for
the project.
Miscellaneous:
S. Department of Housing & Urban Development (HUD), Community Development
Block Grant, Neighborhood Stabilization Program Action Plan Amendment No. 11
(FY08/09) to reprogram funds from planning and administration to the Direct
Homeownership Assistance Program,
t. State of California Education Revenue Augmentation Fund (SERAF) transfer
($1,700,000) for FY09/ 10:
1. Appropriate $240,200 from the Downtown Redevelopment Project Area Fund
Balance to the Operating Budget within the Downtown Redevelopment
Project Area Fund.
2. Appropriate $240,000 from the Old Town Kern Redevelopment Project Area
Fund Balance to the Operating Budget within the Old Town Kern
Redevelopment Project Area Fund.
(Word 4) U. Appropriate $33,000 assessment fines revenue to the Countryside/The
Homestead/Cherry Hill/Olive Park II Assessment District (AD 04-1) Operating Budget
for legal fees associated with collection efforts.
(Ward 7) v. Appropriate $10,657 developer share of project cost to the Public Works Department
Operating Budget within the Development Services Fund for sewer capacity study
related to the development of Parcel Map 10717 located south of Emerson Way,
east of Wible Road and west of SR 99.
W. Appropriate $10,212 County Grant Revenues (HIDTA) to the Police Department
Operating Budget within the General Fund toward the cost of surveillance
equipment.
X. Request for Qualification (RFQ) Guidelines for Tow Service Contracts.
Staff recommends adoption of Consent Calendar items 8.a. through 8.x.
3 City Council Meeting of 3/24/2010
9. CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 7) a, Public Hearing to consider Resolution ordering the 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. (Staff recommends adoption of resolution.)
b. Public Hearing to consider Resolution adopting fees pursuant to the Cost Recovery
System (Master Fee Schedule), (Staff recommends adoption of resolution.)
(Ward 1,2) c. Public Hearing to consider Resolution modifying Underground Utility District No. 2,
Division 33 (California Avenue - S Street to Union Avenue). (Staff recommends adoption
of resolution.)
d. Public Hearing to consider a Resolution authorizing the City to join the CaliforniaFIRST
Solar and Energy Efficiency Lending Program (AB811):
1. Adopt Resolution authorizing the California Statewide Communities
Development Authority to accept applications from property owners,
conduct contractual assessment proceedings and levy contractual
assessments within the City; and authorizing related actions.
2. Appropriate $20,000 State Grant Revenues to the Non-Departmental Budget
within the General Fund to pay for the City's share of costs associated with
joining the CaliforniaFIRST Program.
(Staff recommends adoption of the resolution and approval of the appropriation.)
12. HEARINGS
13. REPORTS
a. Mid-Year Budget Report and Adjustments.
Staff recommends acceptance of report.
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
//14° r_~,
A -an Tandy
a' City Manager
3/19/20 9:15PM
4 City Council Meeting of 3/24/2010
F A,ADMINISTRATIVE REPORT
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MEETING DATE: March 24, 2010 AGENDA SECTION: Presentations
ITEM: , q,
TO: Honorable Mayor and City Council P OVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: March 10, 2010 CITY ATTORNEY
CITY MANAGER- )8S
SUBJECT: Presentation by Mayor Hall of a Proclamation to Judy Normoyle declaring April 2010,
National Donate Life Month in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: March 24, 2010 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council P OVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: March 10, 2010 CITY ATTORNEY p~
CITY MANAGER ~W
SUBJECT: Presentation by Mayor Hall of a Proclamation to Maggie Cushine declaring March 20th-27th
Girls and Boys Week in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Appointments
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD [4,441)) J/11
DATE: March 11, 2010 CITY ATTORNEY UNI
CITY MANAGER kZ
SUBJECT: One appointment to the Historic Preservation Commission due to the expiration
of term of Scott Fieber, whose term expires March 30, 2010.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one appointment to the Historic Preservation Commission due to the expiration of term
of Scott Fieber, whose term expires March 30, 2010. The news release for this recruitment was posted
January 25, 2010.
Applications for appointment have been received from the following:
• Scott Fieber
• Katherine Faulkner
The Commission is composed of five (5) members. Nominations to this Commission are made by the full
Council.
The Historic Preservation Commission is an advisory body to the City Council. Members must be
residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic
Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning
Adjustment or the City Council. The Commission presides and conducts public hearings on designation
applications and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. as needed.
March 11, 2010, 9:13AM
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MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD j
DATE: March 11, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the March 10, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
9 TO
MEETING DATE: MARCH 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: b
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA
DATE: March 11, 2010 CITY ATTORNEY ✓L Jt
CITY MANAGER
SUBJECT: Approval of department payments from February 26, 2010 to March 11, 2010
in the amount of $16,279,621.19 and Self Insurance payments from February
26, 2010 to March 11, 2010 in the amount of $210,519.99.
RECOMMENDATION:
Staff recommends approval of payments totaling $16,490,141.18
BACKGROUND:
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March 11, 2010, 2:31 PM
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MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: S.e,
TO: Honorable Mayor and'City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: March 10, 2010 CITY ATTORNEY n
CITY MANAGER
SUBJECT: First reading of ordinances amending the text of:
1. Title 16 of the Bakersfield Municipal Code (Subdivision Ordinance) Chapter 16.28
Design Standards, to incorporate specific design criteria for new development in
Northeast Bakersfield.
2. Title 17 of the Bakersfield Municipal Code (Zoning Ordinance) Chapters 17.08 General
Regulations, 17.25 Central Business Zone, 17.26 Commercial Center Zone, 17.61
Landscape Standards, and adding Chapter 17.71 Outdoor Lighting, to incorporate
specific design criteria for new development in Northeast Bakersfield.
RECOMMENDATION:
Staff recommends first reading of the ordinances.
BACKGROUND:
Since June 24, 2009, the City Council's Planning and Development Committee has been working to
implement a Northeast Bakersfield Community Concept in order to achieve the following vision for
Northeast Bakersfield:
Preserve and enhance the unique aspects of the northeast experience through the
development of a healthy, sustainable community complementary of the area's resources
and identifiable through theme architecture and landscaping.
The outcome of research and public outreach resulted in proposed ordinance changes regarding three
main concepts for new development in Northeast Bakersfield, which were identified as: architectural
design for commercial projects, landscaping, and outdoor lighting (dark sky principles).
On February 18, 2010, the Planning Commission held an advertised public hearing on this request to
amend the text of the Subdivision Ordinance (Title 16) and the Zoning Ordinance (Title 17) to incorporate
specific design criteria for new development in Northeast Bakersfield as summarized below. Northeast
Bakersfield is considered the geographic area that includes all lands in the city limits east of Fairfax Road
(and any northern extension thereof) and north of the Union Pacific Railroad that parallels Edison Hwy.
March 10, 2010, 9:07AM
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PROPOSED ORDINANCE AMENDMENT SUMMARY:
Subdivision Walls (Section 16.28.170)
• Adds text in order to provide Planning Commission authority to approve alternative wall and
landscape designs due to topographic and other physical conditions.
• Added text is consistent with the existing ordinance language for walls and landscaping along
double-frontage residential lots.
Architectural Design (Section 17.08.140)
• Applies to all new commercial and industrial developments.
• River rock, boulders, rough-sawn timbers and logs would be predominant theme used throughout
a project.
• Allows flexibility in design so that projects will not be identical.
Landscaaina (Sections 17.61.032.17.25.050.17.26.050)
• Predominant use of native California trees (i.e. Oaks, sycamores).
• Use of boulder clusters and other native rocks.
• Landscape setting to resemble a more natural environment.
• Use of low water and/or xeriscape plants.
• Materials are consistent with hillside ordinance zoning requirements.
• Standards would also apply to public streetscapes for compatibility with private development.
Outdoor Liahtina - Dark Sky Principles (new Chapter 17.711
• Applies to commercial, industrial, and apartment projects (single-family residential is exempt).
• Affects installations of new lighting only.
• Lighting must be shielded in order to eliminate light projections up into the nighttime sky.
• Design of outdoor recreation lighting (sports fields) must lessen sky glow.
• Encourages energy conservation.
• Includes diagrams depicting acceptable versus unacceptable fixtures.
• Prohibits lighting into the Kern River and other natural areas.
These changes, if approved by City Council, will trigger amendments to the Planning Commission's
adopted Wall and Landscaping Design Policy for residential subdivisions in order to achieve consistency
with the new ordinance requirements. Those amendments will be presented to the Planning Commission
if the City Council approves the ordinances changes described above.
These recommendations will implement design features that will compliment the unique aspects of
Northeast Bakersfield's topography and terrain. Incorporating the natural environmental features into the
aesthetic themes of new development will enhance Northeast Bakersfield, and achieve the stated vision.
March 10, 2010, 9:05AM
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No one spoke in opposition to the project at the Planning Commission hearing, although minor changes
to the proposed text were presented by the Planning Director and approved by the Commission as
follows: (1) moved the boundary of Northeast Bakersfield from State Highway 58 to the Union Pacific
Railroad; (2) removed the maximum parapet heights (17.08.140 C.5.) to allow better screening of rooftop
equipment; and (3) clarified Section 17.71.040 B.1.(Outdoor Lighting) to ensure outdoor sports lighting is
not excessively bright for the intended activities.
This project has been found to be exempt from the provisions of the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of
CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility
that adoption of the proposed ordinance will have a significant affect on the environment.
Staff recommends first reading of the amendment to the text of Title 16 (Subdivision Ordinance) and Title
17 (Zoning Ordinance) of the Bakersfield Municipal Code.
March 10, 2010, 9:05AM
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MEETING DATE: March 24, 2010 AGENDA SECTION: Consent
ITEM 9.o(.
TO: Honorable Mayor and City Council APPROVED
FROM: Phil Burns, Building Director DEPARTMENT HEAD
DATE: March 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County
Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on March 8, 2010, by the Assistant City Manager and all proposed charges
were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield
Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute
public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property
owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing
duly noticed and held before the Building Director, the Director issued orders requiring the property owner
to abate the public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 3501 Anderson Street 172-091-12 $ 735.00
2. 1212 Antonia Way 022-021-15 $ 1,124.00
3. 218 S. Brown Street 019-191-05 $ 685.00
4. 2729 Brundage Lane 147-042-02 $ 600.00
5. 1104 S. Chester Avenue 011-381-15 $ 105.00
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PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 521 Dr. Martin L. King Jr. Blvd. 019-101-21 $ 105.00
7. 5213 Gaylene Avenue 412-202-22 $ 300.00
8. 236 S. Haley Street 019-191-01 $ 780.00
9. 719 S. Haley Street 019-112-11 $ 725.00
10. 106 Hayes Street 018-320-27 $ 300.00
11. 300 Hayes Street 018-300-11 $ 300.00
12. 2006 Lotus Lane 170-112-10 $ 925.00
13. 6610 Lowry Street 516-032-40 $ 600.00
14. 411 Marcus Street 139-393-10 $ 600.00
15. 1309 O'Neill Avenue 412-211-03 $ 600.00
16. 1819 E. Planz Road 172-041-10 $ 959.00
17. 6314 Symphony Street 413-202-07 $ 655.00
18. 521 Terrace Way 011-230-01 $ 1,099.00
19. 604 S. Williams Street 019-091-02 $ 760.00
20. West of 1306 1 St Street 010-312-15 $ 795.00
21. 1509 E. 10th Street 018-061-12 $ 105.00
Ward 2/Councilmember Sue Benham
22. 132 Beech Street 008-071-10 $ 849.00
23. 819 Chico Street 017-420-05 $ 300.00
24. 1118 Lake Street 015-340-12 $ 300.00
25. 1109 Oregon Street 015-180-03 $ 105.00
26. 2905 San Emidio Street 007-034-06 $ 600.00
27. 1113 E. 21St Street 017-110-04 $ 810.00
28. 82025 th Street 005-151-02 $ 675.00
Ward 3/Councilmember Ken Weir
29. 3512 Bryn Mawr Drive 021-220-10 $ 300.00
30. 3617 Candlewood Drive 382-192-08 $ 630.00
31. 4317 Isla Verde Street 119-171-31 $ 665.00
32. 9714 Oporto Way 531-053-19 $ 724.00
33. 3013 River Boulevard 021-041-33 $ 300.00
34. 10901 Unser Court 533-021-16 $ 720.00
Ward 4/Councilmember David Couch
35. 11916 Roaring River Avenue 522-441-01 $ 600.00
Ward S/Councilmember Harold Hanson
36. 6007 Brooklyn Avenue 497-662-12 $ 600.00
37. 10906 Cactus Valley Drive 497-235-03 $ 810.00
38. 10509 Grand Prairie Drive 497-245-08 $ 600.00
39. 11101 Grand Prairie Drive 497-276-07 $ 300.00
40. 10502 High Plateau Way 497-245-06 $ 600.00
41. 8809 Landover Lane 513-153-01 $ 300.00
March 5, 2010, 9:29AM
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PROPERTY LOCATION APN COST
Ward 5/Councilmember Harold Hanson
42. 6808 Segura Way 381-031-09 $ 898.00
43. 9810 Vertrice Avenue 497-334-05 $ 999.00
Ward 61Coucilmember Jacauie Sullivan
44. 6013 Brewer Creek Drive 498-724-11 $ 300.00
45. 5223 Harvest Moon Avenue 532-112-07 $ 300.00
46. 5504 New Grove Avenue 355-302-07 $ 300.00
47. 2300 Sandpiper Road 440-072-01 $ 790.00
48. 3616 Starwood Lane 403-051-02 $ 690.00
Ward 7/Councilmember Zack Scrivner
49. 8505 Areli Street 514-681-03 $ 300.00
50. 1302 Clipper Hills Drive 516-323-08 $ 600.00
51. 1319 Clipper Hills Drive 516-325-07 $ 600.00
52. 1221 Evadonna Road 516-172-09 $ 600.00
53. 1306 Evadonna Road 516-282-14 $ 600.00
54. 1417 Evadonna Road 516-354-23 $ 600.00
55. 1800 Lacey Street 023-211-17 $ 105.00
56. 2802 Macau Street 514-403-13 $ 105.00
57. 4612 Millbrook Way 371-462-13 $ 699.00
58. 1909 Oscar Avenue 023-211-08 $ 300.00
59. 6201 Regina Way 413-152-15 $ 600.00
60. 4001 Rio Viejo Drive 515-283-05 $ 105.00
61. 2908 Tapo Ridge Drive 514-621-10 $ 759.00
62. 1217 White Lane 171-145-31 $ 300.00
63. 4518 Wildcat Avenue 514-382-09 $ 600.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
March 5, 2010, 9:29AM
S:\oana\ADMINS\2010\Mar\3-24-Property Abatement.doc
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ADMINISTRATIVE REPORT
cam.
FO
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: f. e,
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City of Bakersfield identified as Annexation No. 626
consisting of 33.68 acres located along the south side of Taft Highway, on the east
and west side of Compagnoni Street. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation identified as Annexation No. 626 is located along
the south side of Taft Highway, on the east and west side of Compagnoni Street. The annexation
is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property
owners have consented to annexation and desire to receive city services. The proposal is to
annex the land to develop a restaurant, California Highway Patrol (CHP) Station and other
freeway oriented commercial uses on the 33.68-acre site.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:Wnnexation\Res of Applic\Admin Draft 626.doc
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ADMINISTRATIVE REPORT
t~
ALIF
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: V'- f
TO: Honorable Mayor and City Council APPS
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 3, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mohawk Street Separation of Grade at the Burlington Northern and Santa Fe
Railroad:
Resolution of the Council of the City of Bakersfield authorizing filing of application,
verifying that sufficient funds are available and that all other matters requisite to
awarding the contract for the Grade Separation on Mohawk Street at the
Burlington Northern and Santa Fe Railway Tracks will be undertaken. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of Resolution.
BACKGROUND: Included as part of Phase I for Westside Parkway is the construction of Mohawk
Street from Truxtun Avenue to Rosedale Highway. This segment of Mohawk Street includes the
crossing of the Burlington Northern and Santa Fe Railroad.
This project was awarded to Security Paving Company on November 19, 2008 and is currently
under construction and is fully funded with State Transportation Improvement Program (STIP)
funds. However, Mohawk Street is also on the State Section 190 Public Utilities Commission (PUC)
project list for grade separations. The City may be able to access approximately $5 million of
Section 190 funding depending on how many agencies submit applications for funding. If
successful, this Section 190 funding could displace an equal amount of STIP funding which could
then be used on Phase II of Westside Parkway.
Staff recommends approval of this Resolution.
March 11, 2010, 11:19AM
G:\GR0UPDAT\ADMINRPT\2010\03-24\Mohawk Grade Sep Adminl.docx
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ADMINISTRATIVE REPORT
1F0
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: -
TO: Honorable Mayor and City Council APP OMED
g
FROM: Raul M. Rojas - Public Works Director DEPARTMENT HEAD W
DATE: March 15, 2010 CITY ATTORNEY
CITY MANAGER Ae
SUBJECT: Emergency Repairs to Sewer Main Near the Intersection of 32nd Street and H Street
(Wards 2 and 3):
1. Resolution dispending with bidding procedures due to emergency sewer repairs
near the intersection of 32nd Street and H Street, not to exceed $200,000.
2. Appropriate $200,000 Sewer Enterprise Fund Balance (Wastewater Treatment
Plant No. 2) to the Public Works Department's Capital Improvement Budget to
fund said emergency repairs.
RECOMMENDATION: Staff recommends approval of resolution and appropriation.
BACKGROUND: Street's Department staff was contacted by the Union Pacific Railroad (UPR)
regarding a sewer line failure within the railroad right-of-way near the intersection of 32nd Street
and H Street. Streets Division Staff conducted an emergency repair on the failed portion of the
sewer line within the railroad right-of-way.
After completing the repair of the sewer line, Street Division staff notified the Design Engineering
Department to perform further investigation on the condition of a larger segment of the sewer
line. A further investigation of the sewer line was conducted, which included a video of the
sewer line. From the video, it was concluded that the bottom of the sewer line has deteriorated
and is in need of immediate replacement. Without replacement, there is a potential for another
failure near or beneath the railroad tracks.
Public Works staff worked with UPR staff to develop a plan to repair the sewer line. It is
recommended that the 6-inch sewer line be diverted from its existing condition, which runs from
the Ice House property, across the railroad right-of-way and along a sewer easement through
the Tower Motel property. The new sewer alignment would cross the railroad right-of-way in a 24-
inch steel casing, and run southwest along H Street to an existing City sewer lift station. Once the
flow is diverted to the lift station, the failing 6-inch sewer line would be filled with grout and
abandoned in place.
At this time, staff recommends that the repair of the sewer line commence immediately to
reduce the risk of a failure of the existing 6-inch line. Staff has met with W.M. Lyles Company, a
contractor with experience in conducting these types of repairs involving bore and jack casing
March 16, 2010, 9:41 AM
G:\GROUPDAT\ADMI NRPT\ADM I N FORM.doc
ADMINISTRATIVE REPORT
and sewer line installation and abandonment. Staff plans to proceed with the repair work as
soon as possible. At this time a project cost is unknown since the extent of the damage will not
be known until the contractor commences work. Therefore, the recommended $200,000 not to
exceed amount is a rough estimate of total costs.
Because of the urgency of the repair, staff recommends Council approve the Resolution to
dispense bidding procedures so that the contractor can perform the emergency repairs.
jlm
EOK210
March 16,2010,9:41 AM
G: \G RO U P DAT\ADM I N RPT\ADM I N F ORM. doc
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ADMINISTRATIVE REPORT
IF
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD V
DATE: March 4, 2010 CITY ATTORNEY 60
CITY MANAGER
SUBJECT: Amendment No. 3 to Resolution No. 170-94 approving the destruction of certain
obsolete city records, documents, instructions, books and papers, pursuant to
Section 34090 et seq. of the Government Code - City Clerk's Office.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The retention schedule for the City Clerk's Office should be amended to reflect a change in the
retention of City Council and Redevelopment Agency Administrative Reports. It is
recommended that we retain Administrative Reports on a permanent basis. We currently
preserve these documents for 5 years. Since the Reports contain valuable history and essential
information on items addressed by the Council and Agency, we are recommending adoption of
the resolution to facilitate a permanent retention of these records.
The change fulfills the requirements of the California Government Code.
BAK
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y..~ ° ADMINISTRATIVE REPORT
^~RY L/ p
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM I - i.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD.
DATE: March 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1660 to order the abandonment of excess street
dedication on Newquist Drive and North Gate Drive, (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request from Russell A. Harrison,
Consuffing Civil Engineer, Inc., to abandon excess street dedication on Newquist Drive and
North Gate Drive as approved for Phase 2 of Tract 4744, which was never completed. A new
tract, Tract 6463, was approved for this area, in preparing the Final Map for Tract 6463, which
was recorded on September 6, 2006, verbiage was not included to abandon the dedication
of Newquist Drive and North Gate Drive previously dedicated for Tract 4744. It would have
been a simple matter to list as an abandonment note on the Final Map for Tract 6463.
Unfortunately this did not occur and now we must go through the formal abandonment
process.
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 City sewer and storm drain facilities in
this 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 abandonment area. Public Works has received no objections from these
owners as of the date of this report.
The proposed abandonment 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 8, 2010, 10:19:09 AM
S:\Street Vacations\Newquist-North Gate T6463\Admin. Report - Consent Calendar
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 21, 2010, on
the proposed abandonment.
March 8, 2010, 10:19:09 AM
S:\Street Vacations\Newquist-North Gate T6463\Admin. Report - Consent Calendar
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ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: JJ
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD Q~/'
DATE: March 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with International Brotherhood of Electrical
Workers, Local 428, for Parcel Map 11866 located south of N. Sillect Avenue and east
of Arrow Street. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, anc
landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
dho
March 8, 2010, 9:08AM
G:\GROUPDAT\ADMINRPT\2010\03-24\PM 11866 Map and IM AGR.doc
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' ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: J., k.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD v(~
DATE: March 10, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contracts for legal services:
Agreement with MARDEROSIAN, RUNYON, et al for fiscal years 2010/2011, 2011/2012,
and 2012/2013 in the amount of Seven Hundred Fifty Thousand Dollars ($750,000),
2013/2014 and 2014/2015 in the amount of Eight Hundred Seventy-Five Thousand Dollars
($875,000).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Since 2004, the City Attorney's Office has outsourced civil rights cases filed in Fresno to the law
firm of Marderosian, Runyon, Cercone et al. In the last year (FY 2008/2009) the Marderosian team of
attorneys disposed of eight civil rights cases filed against the City. Of these eight, one went to a jury and
culminated in a favorable verdict. The remaining four matters were disposed of without any settlement
monies. This quality representation of the City has resulted in general fund savings for total liability claims
and lawsuits, a decrease in the number of frivolous cases filed against the City in federal court, and
greater stability in calculating legal fees for civil rights cases, which generally, can result in higher verdicts
than typical tort cases and require about three times the number of hours to defend.
There are only two changes to the contract being proposed to the previous contract. First, this is a
5 year contract with FY 2010/2011, 2011/2012, 2012/2013 remaining at $750,000 per year. Second, there
is increased compensation in FY 2013/2014 and 2014/2015 to $875,000 per year. As with prior years, the
terms of the contract also provide that a senior partner will supervise each case, and that the City will not
be billed for internal costs, such as copy charges, legal research, or clerical time.
S:\000NCIL1Ndmins\09-10AdminsWTTAGR2010-2011,Thru2014-2015 Marderosian.Doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 11, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with William Avery & Associates, Inc., (not to exceed $99,600, including
expenses) for negotiation and consultant services in employer-employee relations
for two (2) years.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On March 1-1, 2009, the City Council approved Mr. Avery's consulting agreement for a one-year
period ending April 1, 2010. Mr. Avery has had a long history with the City (almost 26 years)
providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery
has been successful in building positive working relationships between employee labor groups,
staff and Council. He also has a unique understanding of the City's labor relations history and
knowledge of past labor practices, which are critical as we are currently conducting Union
negotiations.
In light of the City's current budgetary issues, Mr. Avery has agreed to continue with a 10%
reduction in his monthly fee from $3,500 per month to $3,150. The travel and lodging fees will
remain the same at a $12,000 maximum reimbursement per year. This would be an agreement
not to exceed $49,800 for each year, with total payments not to exceed $99,600 over the term of
his two-year Agreement. This guarantees Mr. Avery's services and rate from April 1, 2010 to April
1, 2012 (2 years).
March 16, 2010, 8:45AM
S:1Admin Rpts\2010Wvery Admin Report 2010-12 Agreement 03.24.10.docx
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NO
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 11, 2010 CITY ATTORNEY
CITY MANAGER ~W
SUBJECT: Contract Change Order No. 6 to Agreement No. 09-075 with Griffith Company
($67,636.50, for a revised not to exceed amount of $3,948,344.52) for the project
known as Street Improvements Along Stockdale Highway From Country Club
Entrance to Ashe Road and Village Lane to Weatherly Drive (Wards 1, 2, & 6).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for modifying the median islands and reconstructing the
roadway on Stockdale Highway. This construction will expand the roadway to three travel lanes
in each direction.
During the design of the project, the work of providing landscape and hardscape
improvements to the median island east of Weatherly Drive was omitted due to funding
restrictions. However, due to the savings realized on this project from previous change orders,
monies for this needed improvement are available in current project funds.
The net cost increase of Change Order No. 6 is $67,636.50. The change orders to date on this
project reflect a total cost increase of $51,249.81 (which is an increase of 1.3% of the original
contract amount) as illustrated below:
• Original Contract Amount = $3,897,094.71
• Amended Contract Agreement after Change Orders = $3,948,344.52
Net increase to date = $ 51,249.81
RM (Construction)
March 11, 2010, 1:05PM
G:\GROUPDAT\ADMINRPT\2010\03-24\CCO 6 Stockdale Hwy Improvements.doc
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ADMINISTRATIVE REPORT
NO
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: g./1,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: March 15, 2010 CITY ATTORNEY
CITY MANAGER ~-J
SUBJECT: Accept Base Bid and Additive Alternate No.1 and award contract to Security Paving
Company ($4,558,723.80), for the Pavement Rehabilitation 2009 Phase 4 - Ming Avenue
from Gosford Road to New Stine Road (Wards 5 and 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract for Base Bid
and Additive Alternate No. 1.
BACKGROUND: This project consists of reconstructing the existing pavement structural section,
construction of access ramps, modifying curb and gutter, striping, pavement markings and traffic signal
detector loops. The Base Bid consists of Ming Avenue from Gosford Road to New Stine Road and
Additive Alternate No. 1 consists of the intersection of Ming Avenue at New Stine Road. This project is
100% federally funded through the American Recovery and Reinvestment Act of 2009 (ARRA). The
Engineer's Estimate for the project including the Base Bid and Additive Alternate No.1 is $4,480,000.
There are sufficient funds to award the Base Bid and Additive Alternate No.1 for this project.
On March 3, 2010, a total of five bids were received; all of those bids are acceptable. Those acceptable
bids are as follows:
Security Paving Company
9050 Norris Avenue
Sun Valley, CA 91352 Base Bid in the amount of $4,465,323.36
Additive Alternate No. 1 $93,400.44
Total (Base Bid Plus Additive Alternate No. 1) $4,558,723.80
Granite Construction
585 West Beach Street
Watsonville, CA 95076 Base Bid in the amount of $4,503,536.00
Additive Alternate No. 1 $91,807.33
Total (Base Bid Plus Additive Alternate No. 1) $4,595,343.33
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) Base Bid in the amount of $4,668,235.62
Additive Alternate No. 1 $107,745.38
Total (Base Bid Plus Additive Alternate No. 1) $4,775,981.00
NSG
pw/design engineering/TOK225
March 15, 2010, 1:31 PM
C:\DOCUME-1\glorenzi\LOCALS-1\Temp\xPgrpwise\Pavement Rehabilitation 2009 Phase 4-Ming Avenue.doc
ADMINISTRATIVE REPORT
John Madonna Construction
12165 Los Osos Valley Road
San Luis Obispo, CA 93403 Base Bid in the amount of $5,245,841.30
Additive Alternate No. 1 $139,126.25
Total (Base Bid Plus Additive Alternate No. 1) $5,384,967.55
Bowman Asphalt
3527 Brian Way
Bakersfield, CA 93308 (County) Base Bid in the amount of $5,754,472.18
Additive Alternate No. 1 $171.962.11
Total (Base Bid Plus Additive Alternate No. 1) $5,926,434.29
In July 2009, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which
also apply to this ARRA funded project. A formula provided by the State of California was used to
calculate the required percentage of 11% for Underutilized Disadvantaged Business Enterprises
(UDBE) to be used as subcontractors on this contract. The City held a mandatory pre-bid meeting for
all of the preapproved contractors allowed to bid on this project. During that meeting, the importance of
putting forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to
each contractor in attendance. It was also stressed to the contractors that they need to provide to the
City appropriate documentation indicating such good faith efforts were performed allowing each UDBE
sufficient time to respond to the solicitations. Each contractor on the preapproved bidders list was
required to attend said meeting in order to bid on this project; if they did not attend the mandatory pre-
bid meeting, they forfeited their chance to bid this project.
The low bidder, Security Paving Company, submitted documentation supporting that they met the
UDBE goal. Their bid was therefore deemed acceptable.
NSG
pw/design engineeringlrOK225
March 15, 2010, 1:31 PM
C:\D000ME-1\glorenzi\LOCALS-1\Temp\XPgrpwise\Pavement Rehabilitation 2009 Phase 4-Ming Avenue.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: g.0.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_ ,t /j
DATE: March 8, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Loop Electric, Incorporated (not to exceed
amount of $52,250) for the annual contract for vehicle loop cutting. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over one thousand (1,000) contractors for the
Annual Contract for vehicle loop cutting. Two (2) bids were received in response to
solicitation. The bids solicited were based on a list of loop cutting 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 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
Loop Electric, Inc. $52,250
Bakersfield, CA
A-C Electric Company $70,770
Bakersfield, CA
Staff finds the low bid submitted by Loop Electric, Incorporated, Bakersfield, to be acceptable
and recommends award of the contract in the amount of $52,250.
Purchasing Division
S:\PURCFMDMIMAdmin 09-10WC for Vehicle Loop Cutting, 09-10-39, March 24, 2010.docx
March 9, 2010, 12:07PM
y0 A,
ADMINISTRATIVE REPORT
a~
N I L
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: W :p.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: March 8, 2010 CITY ATTORNEY
CITY MANAGER )e
SUBJECT: Accept bid and award contract to Lamont Fence Company (not to exceed
amount of $301,854) for the annual contract for installed fencing. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over one hundred (100) contractors for the
Annual Contract for installed fencing. Five (5) bids were received in response to solicitation.
The bids solicited were based on a list of fencing installation 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 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 five (5) bids
received are listed below.
BIDDER AMOUNT
Lamont Fence Company $301,854.00
Bakersfield, CA
Rudnick Fence Company $366,690.00
Bakersfield, CA
San Joaquin Fence $370,174.00
Bakersfield, CA
C & H Fence & Patio $395,997.70
Delano, CA
FenceCorp, Incorporated $483,312.00
Riverside, CA
Staff finds the low bid submitted by Lamont Fence Company, Bakersfield, to be acceptable
and recommends award of the contract in the amount of $301,854.
Purchasing Division
S:\PURCH\ADMINWdmin 09-10WC for Installed Fencing, 09-10-42, March 24, 2010.docx
March 9, 2010, 3:41 PM
F A
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: March 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Torres Fence Company, Incorporated (not to
exceed amount of $41,833.86) for the annual contract for fencing materials.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over one hundred (100) suppliers for the Annual
Contract for fencing materials. Six (6) bids were received in response to solicitation. The bids
solicited were based on a list of fencing material 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 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 five (5) bids
received are listed below.
BIDDER AMOUNT
Torres Fence Co., Inc. $41,833.86
Fresno, CA
Rudnick Fence Company $48,192.90
Bakersfield, CA
San Joaquin Fence $49,969.39
Bakersfield, CA
Fence Specialties, Inc. $51,342.43
Riverside, CA
C & H Fence & Patio $54,616.13
Delano, CA
Reliance Fence Co., Inc. $59,359.54
Bakersfield, CA
Staff finds the low bid submitted by Torres Fence Co., Inc., Fresno, to be acceptable and
recommends award of the contract in the amount of $41,833.86.
Purchasing Division
SAPURCKADMIMAdmin 09-10\AC for Fencing Materials, 09-10-43, March 24, 2010.docx
March 9, 2010, 3:54PM
~ A
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: g r.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: March 9, 2010 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Award bid for Roof Replacements at Fire Stations #I and #6
1. Accept bid and award contract to Graham Prewett, Incorporated
($83,000) for the Roof Replacements at Fire Stations #I and #6. Wards 1, 2
2. Approve transfer of $10,000 savings from one capital project (Fire HVAC)
to the Fire Department's Capital Improvement Budget within the Capital
Outlay Fund for the Fire Reroofing project at Fire Stations #I and #6.
RECOMMENDATION: Staff recommends acceptance of bid and approval of transfer of funds.
BACKGROUND: Invitations to bid were sent to over five hundred (500) bidders for roof
replacements at Fire Stations # 1 and #6.
The roof repair for Fire Station # 1 is a restoration of approximately 2,400 Sq. Ft. of roofing for
Section E, the Firefighters Dorm. The extent of deterioration at Fire Station #6 requires a
complete roof replacement of approximately 4,200 Sq. Ft. for Sections A & B, the Equipment
Bays.
Four (4) bids were received in response to the solicitation as follows:
Graham Prewett, Inc $ 83,000
Fresno, CA
Fresno Roofing Company, Inc. $ 84,314
Fresno, CA
Best Contracting Services, Inc $108,100
Gardena, CA
RGSLA, Inc. $148,549
Whittier, CA
Staff finds the low bid submitted by Graham Prewett, Incorporated to be acceptable and
recommends award of the contract in the amount of $83,000.
Purchasing Division
S:\PURCH\ADMINWdmin 09-10\Roof Replacements - Fire Stations #1 & #6, 09-10-38, March 24, 2010.docx
F 13A ADMINISTRATIVE REPORT
rgG1F0~
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: March 10, 2010 CITY ATTORNEY n~
CITY MANAGER F
SUBJECT: Department of Housing & Urban Development (HUD), Community Development Block
Grant, Neighborhood Stabilization Program Action Plan Amendment No. 11 (FY 08/09) to
reprogram funds from planning and administration to the Direct Homeownership Assistance
Program. (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
As part of the Housing and Economic Recovery Act (HERA) of 2008, the City was allocated $8,982,836 in
Neighborhood Stabilization Program (NSP) funds with a requirement for legal commitment or obligation of
these funds within 18 months from federal contract award date March 5, 2009. These funds became part
of the FY08-09 Housing and Urban Development Action Plan. Economic and Community Development
staff is proposing the reallocation of $565,000 in Community Development Block Grant (CDBG),
Neighborhood Stabilization Program (NSP) funds from planning and administration to the Direct
Homeownership Assistance (DPA) Program in NSP eligible areas of the City.
In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME
annual plan must undergo an amendment process which includes obtaining citizen views and comments
on the proposed change for a period of 15 days. A notice was published on March 4, 2010 requesting
comments and to date no comments have been received. A copy of the notice is attached.
Staff is proposing to reduce the following NSP activity:
1) Reduce $565,000 in planning and administration funds for program operations; and
2) Transfer to Direct Homeownership Program.
The reduction of this activity allows $565,000 in unused planning and administration NSP funds to be
reallocated to the successful Direct Homeownership Program. Currently, thirty new homeowners have
closed escrow with eleven pending requests for assistance. The reallocation of funds will allow staff to
fund these eleven pending requests and expend the balance of the NSP allocation.
S:WdminslCity Council\City Council Admins 2010\action plan NSP amendment3-24-10.docx
3/10/2010 2:36 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: S.t
TO: Honorable Mayor and City Council APP ED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: March 11, 2010 CITY ATTORNEY Q'
CITY MANAGER ~J
SUBJECT: State of California Education Revenue Augmentation Fund (SERAF) $1.7 million transfer
for FY 2009-10: (Wards All)
1. Appropriate $240,200 from the Downtown Redevelopment Project Area Fund Balance
to the Operating Budget within the Downtown Redevelopment Project Area Fund.
2. Appropriate $240,000 from the Old Town Kern Redevelopment Project Area Fund
Balance to the Operating Budget within the Old Town Kern Redevelopment Project
Area Fund.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On September 30, 2008, the State of California in an effort to balance the State budget approved AB 1389
permitting the transfers of redevelopment funds in the amount of $350 million for state purposes in FY
2008-09. The California Redevelopment Associated filed a lawsuit challenging the constitutionality of AB
1389 and redevelopment transfers. In April of the following year, the Sacramento County Superior Court
ruled that the State transfers of redevelopment funds were unconstitutional, invalidating AB 1389 and the
transfers of $350 million in redevelopment funds. Subsequently, in an effort to address the State's budget
shortfall in 2009-10, the California Legislature approved budget bill AB 26 4x which authorized $2.05
billion in transfers of local redevelopment funds, including $1.7 billion in FY 2009-10 and another $350
million in FY 2010-11. The California Redevelopment Association and its member agencies have again
filed a lawsuit challenging the constitutionality of State transfers of redevelopment funds.
The lawsuit remains unsettled at this time, and the State of California, Department of Finance has issued
notification that the Bakersfield Redevelopment agency must transfer a total of $2,780,190 for the SERAF
shift on or before May 10, 2010. Previously, the Bakersfield Redevelopment agency budgeted $600,000
in FY2008-09 and an additional $1,700,000 in FY2009-10 for a total of $2,300,000 budgeted for the
SERAF shift. Redevelopment funds for the additional $480,200 need to be appropriated for the SERAF
shift in the advent that the California Redevelopment Association does not prevail in their legal endeavors.
S:\Admins\City Council\City Council Admins 2010\RDA SERAF Appr3.24.10.docx
3/11/2010 9:11 AM
BA E
OF ~COMR.,Tf RS~C~
d
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: $'.u.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD IV5
DATE: March 2, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $33,000 assessment fines revenue to the Countryside/The Homestead/Cherry
Hill/Olive Park II Assessment District (AD 04-1) Operating Budget for legal fees associated with
collection efforts. (Ward 4)
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: There have been several district delinquencies in the Countryside/The
Homestead/Cherry Hill/Olive Park II Assessment District (AD 04-1) and the City has incurred legal
costs exceeding budgeted estimates for the year. Recovery of monies from previously delinquent
property owners are sufficient to cover this budgetary increase.
BA ly~_
An w_O~~COYPOR,T
ADMINISTRATIVE REPORT
IFO
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent calendar
ITEM: v
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 8, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $10,657 developer's share of project cost to the Public Works
Department's Operating Budget within the Development Services Fund for sewer
capacity study related to the development of Parcel Map 10717 located south of
Emerson Way, east of Wible Road and west of SR 99. (Ward 7)
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
On December 9, 2009, the City entered into Agreement No. PW 09-218. This agreement called for
Meyer Civil Engineering, Inc. (contractor) to perform a sewer capacity study for Parcel Map
10717 located south of Emerson Way, east of Wible Road and west of SR 99. The agreement also
called for Don Parker (developer) to pay CITY $10,657 prior to the contractor starting work. On
December 16, 2009, the CITY received $10,657 from developer. CITY will reimburse contractor
from developer's share of project cost not to exceed $10,657.
ps
G:\GROUPDAT\ADMINRPT\2010\03-24\PM 10717 appropriation.docx
F BAKER
~ O ~ PORTtd S~
ADMINISTRATIVE REPORT
cgLIFO
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar
ITEM: g.W,
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: March 12, 2010 CITY ATTORNEY D,
CITY MANAGER
SUBJECT: Appropriate $10,212.00 County Grant Revenues (HIDTA) to the Police Department
Operating Budget within the General Fund toward the cost of surveillance equipment.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Bakersfield Police Department participates in the Southern Tri-County Task Force, a sub-component
of the Central Valley High Intensity Drug Trafficking Areas program (STC-HIDTA). The STC-HIDTA is an
intelligence / investigative group made up of law enforcement from the Central Valley. The group attacks
all aspects of meth trafficking, including the acquisition of precursor chemicals, meth manufacturing,
product distribution, and money laundering. The STC-HIDTA is a grant funded operation administered by
the Sacramento County Sheriff's Office.
The STC-HIDTA has authorized the Bakersfield Police Department to purchase surveillance equipment for
a total of $10,212.00, to be used in the STC-HIDTA program. Once the equipment is purchased the
Bakersfield Police Department will submit invoices to be reimbursed in full from STC-HIDTA. These
purchases will not have any impact to the General Fund.
A
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: CONSENT CALENDAR
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: March 18, 2010 CITY ATTORNEY GI~I
CITY MANAGER +W
SUBJECT: Request for Qualification (RFQ) Guidelines for Tow Service Contracts.
RECOMMENDATION: Staff recommends approval of the RFQ guidelines.
BACKGROUND:
At the March 10, 2010 meeting the City Council voted to limit the number of towing
contracts to ten (10), with the current six (6) companies under contract to be
"grandfathered in" for a period of 24 months (from July 1, 2010) and the remaining four (4)
company selections to be made through an RFP/RFQ process.
Staff was instructed to return to the Council with draft guidelines of this process for the
Council's approval prior to moving forward with the selection process.
A draft RFQ document is attached for your consideration.
nks
S:Wdmin\TowingWdmin - rfq approval march 2010.doc
Jan 4, 2010
4826-0198-1440.2
r AKrU ADMINISTRATIVE REPORT
IF
MEETING DATE: March 24, 2010 AGENDA SECTION: Closed Session
ITEM: 9 a.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD -4
DATE: February 18, 2010 CITY ATTORNEY V( -
CITY MANAGER
SUBJECT: Public Employee Performance Evaluation - City Manager
Closed session pursuant to Government Code section 54957(b) (1) / 54957.6
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\3-24-10-CMEval.doc
BAKE
OF ~CO~RRt~
ADMINISTRATIVE REPORT
10
MEETING DATE: March 24, 2010 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 8, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the 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. (Ward 7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate the northerly 3.5' of the
10' flowage easement on Parcel 1 of amended Parcel map No. 11220 located at 4815 Panama
Lane. This request is due to an existing building being located in that area of the easement,
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 and 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 January 21, 2010 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General
Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there Is no possibility that the action may have a significant effect on the environment.
Resolution of Intention No. 1655 declaring intention to order said proposed easement vacation
was adopted by City Council at the regular meeting of February 17, 2010.
Notice of this public hearing has been duly advertised and posted as required by law.
March 8, 2009, 12:33:34 PM
S:\Street Vacations\Panama 4815 (PM 1 1220)\ Admin Report - Final Hearing.doc
3i,
0.
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2010 AGENDA SECTION: Public Hearings
ITEM:
APPROVED
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
FROM: Nelson K. Smith, Finance Director
CITY ATTORNEY
DATE: March 9, 2010
CITY MANAGER _ .S
SUBJECT: Resolution adopting fees pursuant to the cost recovery system.
RECOMMENDATION: Staff recommends adoption of the Resolution following the Public
Hearing.
BACKGROUND:
State law requires new fees and charges, as well as increases in existing fees and charges
be adopted by ordinance or resolution following a public hearing. The City's procedure is
provided for in Chapter 3.70 of the Bakersfield Municipal Code.
In accordance with the contractual agreement the City of Bakersfield has with the County
of Kern for fees for animal control, licenses, permits and other charges, staff is
recommending the City Council adopt the revised Master Fee Schedule with updated
animal regulation fees which were adopted by the County of Kern, Ordinance #G-7997 on
January 12, 2010.
The County lowered the natural dog three (3) year licensing option from $150 to $120, and
the two (2) year licensing option for both natural and altered dogs has been deleted. The
City is proposing to remove many of the fees and charges previously listed in the City's
Master Fee Schedule that are only utilized by the County of Kern.
2010 Cost Recovery Program Update
Exhibit "A" Proposed Master Fee Schedule for 2010: The attached schedule is a
comprehensive list of all fees authorized under the cost recovery program.
Exhibit "B" Proposed Master Fee Schedule for 2010: Proposed Changes Only: The attached
schedule is a complete list of services that staff is proposing to increase or modify to be in
accordance with County of Kern animal regulation fees.
CC BA
9024
ADMINISTRATIVE REPORT
LIF
MEETING DATE: March 24, 2010 AGENDA SECTION: Hearing
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 12, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Underground Utility District.
1. Public hearing as required by Resolution of Intention No. 1656 declaring the City's
intention to amend Underground Utility District No. 2, Division 33 (California Avenue
- "S" Street to Union Avenue).
2. Resolution modifying Underground Utility District No. 2, Division 33 (California
Avenue - "S" Street to Union Avenue). (Wards 1 and 2)
RECOMMENDATION: Staff recommends overriding protests and adopting Resolution modifying
Underground Utility District No. 2, Division 33 (California Avenue - "S" Street to Union Avenue).
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.
The City Council approved Resolution of Intention No. 1656 on March 10, 2010 which set the public
hearing for March 24, 2010. The hearing has been duly advertised and the property owners notified as
required by law.
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. All overhead lines in the area of California Avenue between "S" Street and Union Avenue
shall be removed and shall be placed underground. The district encompasses California Avenue between
"S" Street and Union Avenue and the parcels with direct frontage on this section of California. The
district will be constructed with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also be
used, if necessary, to pay for private panel conversions.
mps
March 12, 2010, 11:47AM
G:\sub\SHARED\PROJECTS\U ndergrou nd\Admin\2-33Est_amend-1.doc
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co "4
ADMINISTRATIVE REPORT
ie
MEETING DATE: March 24, 2010 AGENDA SECTION: Consent Calendar Hearing
ITEM: d,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 15, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to Consider a Resolution Authorizing the City of Bakersfield t Join
the CaliforniaFIRST Program:
1. Adopt Resolution authorizing the California Statewide Communities
Development Authority to Accept Applications from Property Owners, Conduct
Contractual Assessment Proceedings and Levy Contractual Assessments within
the Territory of the City of Bakersfield; and Authorizing Related Actions.
2. Appropriate $20,000 State Grant Revenues to the Non-Departmental Budget
within the General Fund to Pay for the City's Share of Costs Associated with
Joining the CaliforniaFIRST program.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the
Appropriation.
BACKGROUND: On March 10, 2010, the City Council adopted a Resolution authorizing
Sacramento County to apply for State Energy Program Funds on behalf of the City of Bakersfield to
fund the costs associated with joining the CaliforniaFIRST Solar and Energy Efficiency Lending Program.
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.
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March 17, 2010, 9:43AM
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ADMINISTRATIVE REPORT
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 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 choose 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.
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March 17, 2010, 9:39AM
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ADMINISTRATIVE REPORT
• 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:
• 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.
The attached Resolution will allow the City to join the CaliforniaFIRST program which in turn allows the
City's residents to take advantage of this financing mechanism, if they so desire. The costs associated
with setting up the pilot program are distributed among the jurisdictions participating based on
population. The City of Bakersfield's share is $20,000, however, grant funding to cover these costs are
being provided through State Energy Program funds.
The County of Kern is one of 14 counties included in the pilot program, and they have already passed
a Resolution joining the CaliforniaFIRST program. A list of the other thirteen counties and cities that are
also participating in the CaliforniaFIRST program is attached. In Kern County, the list includes the cities
of Arvin, Shafter, Taft and Wasco.
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March 17, 2010, 9:39AM
S:\Adm1n Rpts\2010\AB 811 Hrg 03.24.10.docx
CaliforniaFIRST Participating jurisdictions
Counties
Alameda
Fresno
Kern
Monterey
Sacramento
San Benito
San Diego
San Luis Obispo
San Mateo
Santa Clara
Santa Cruz
Solano
Ventura
Yolo
County Cities
Alameda Alameda
Alameda Albany
Alameda Berkeley
Alameda Dublin
Alameda Emeryville
Alameda Fremont
Alameda Hayward
Alameda Livermore
Alameda Newark
Alameda Oakland
Alameda Piedmont
Alameda Pleasaton
Alameda San Leandro
Alameda Union City
Fresno Clovis
Fresno Firebaugh
Fresno Fowler
Fresno Fresno
Fresno Huron
Fresno Kerman
Fresno Kingsburg
Fresno Reedley
Fresno San Joaquin
CaliforniaFIRST Participating jurisdictions
Fresno Sanger
Fresno Selma
Kern Arvin
Kern Bakersfield
Kern Shafter
Kern Taft
Kern Wasco
Monterey Carmel-By-The-Sea
Monterey Del Rey Oaks
Monterey Gonzales
Monterey Greenfield
Monterey King City
Monterey Marina
Monterey Monterey
Monterey Pacific Grove
Monterey Salinas
Monterey Sand City
Monterey Seaside
Monterey Soledad
Sacramento Citrus Heights
Sacramento Elk Grove
Sacramento Folsom
Sacramento Galt
Sacramento Rancho Cordova
Sacramento Sacramento
San Benito Hollister
San Benito San Juan Bautista
San Diego Carlsbad
San Diego Chula Vista
San Diego Coronado
San Diego Encinitas
San Diego Escondido
San Diego La Mesa
San Diego Oceanside
San Diego Poway
San Diego Santee
San Diego Solana Beach
San Luis Obispo Arroyo Grande
San Luis Obispo Atascadero
San Luis Obispo El Paso De Robles
CaliforniaFIRST Participating Jurisdictions
San Luis Obispo Grover Beach
San Luis Obispo Morro Bay
San Luis Obispo San Luis Obispo
San Mateo Atherton
San Mateo Belmont
San Mateo Brisbane
San Mateo Burlingame
San Mateo Colma
San Mateo Daly City
San Mateo East Palo Alto
San Mateo Foster City
San Mateo Half Moon Bay
San Mateo Hillsborough
San Mateo Menlo Park
San Mateo Millbrae
San Mateo Pacifica
San Mateo Portola Valley
San Mateo Redwood City
San Mateo San Bruno
San Mateo San Carlos
San Mateo San Mateo
San Mateo South San Francisco
San Mateo Woodside
Santa Clara Campbell
Santa Clara Cupertino
Santa Clara Gilroy
Santa Clara Los Altos
Santa Clara Los Altos Hills
Santa Clara Los Gatos
Santa Clara Milpitas
Santa Clara Monte Sereno
Santa Clara Morgan Hill
Santa Clara Mountain View
Santa Clara Palo Alto
Santa Clara San Jose
Santa Clara Santa Clara
Santa Clara Saratoga
Santa Clara Sunnyvale
Santa Cruz Capitola
Santa Cruz Santa Cruz
eovo.A S
ADMINISTRATIVE REPORT
fan u~
MEETING DATE: March 24, 2010 AGENDA SECTION: Reports
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Rick Kirkwood, Management Assistant DEPARTMENT HEAD _
Dianne Hoover, Recreation and Parks Director
CITY ATTORNEY 1
DATE: March 11, 2010
CITY MANAGER
SUBJECT: Mid-Year Budget Report and Adjustments
RECOMMENDATION:
Staff recommends acceptance of report.
BACKGROUND:
A report presented by the City Manager during the January 27, 2010 City Council meeting
highlighted a number of current and future budget-related issues which staff is developing plans
to address. Most budget reductions in operating expenses and the personnel compliment occur
in connection with adoption of the final budget in late June of each year. However, as the
Budget Team is progressing with the mid-year review of the budget, several time-sensitive issues
are being identified which will require quick action, The Budget Team and Recreation and Parks
Department believe it is necessary to recommend to not open the city pools in Planz and Siemon
parks this summer and to not hold the Beale Band Concerts and Movies in the Parks this year.
The budget for these two pools, totaling $48,577, and Movies in the Park, totaling $4,282, mostly
fund temporary employee pay and the remainder funds operating expenses. Absent the
present situation, the City would typically hire eighteen (18) temporary employees for the two
pools and one (1) temporary employee for Movies In the Park, The budget for the Beale Band
Concerts, totaling $17,934, mostly funds the band members and a small portion funds the
purchase of materials and two (2) temporary employees. The City is interested in holding the
Beale Band Concerts If sponsors come forward to cover the cost,
The advertising, hiring, and other related processes for the twenty-one (21) temporary employees
identified above are planned for early In the fiscal year even though they typically begin in late
March or early April. It would be unfair to allow potential applicants to complete the hiring
process and create a reasonable expectation of future employment this summer, only to make a
decision to close the pools or not hold these events just before the season begins. Therefore, it is
important to make a decision on these items at this time so notice may be provided to the
Recreation and Parks Department, as well as Human Resources, to not begin the hiring process.
March 12, 2010, 9:10AM
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ADMINISTRATIVE REPORT
In addition to the above recommendations, it is important to note at this time that the City
Manager's Office sent a letter on March 8, 2010 providing the Bakersfield Symphony Orchestra
with information regarding the status of the City's budget. The current situation is requiring the
City's focus on preserving core services and leaves staff unable to make a recommendation to
contribute $50,000 to the Bakersfield Symphony Orchestra in FY 2010-11.
Staff is well aware that pools, the Beale Band Concerts, and Movies in the Park are well received
and important City activities. We are aware that past budget difficulties resulted in significant
public issues over closing pools or cancelling some of these activities. Staff also recognizes the
valuable cultural impacts the Bakersfield Symphony Orchestra has on the community. However,
the financial times are now the worst they have ever been. The City Manager's Office strives to
identify time-sensitive items that require quick action to avoid incurring costs, in this case to hire
and prepare for events, when we would likely have to make the some cuts along with others at a
later date to make up for any incurred costs. This is all unfortunate.
AT: rk
March 12, 2010, 9:10AM
S:\Rick Kirkwood\Admin Reports\2010\Admin Report - Mid-Year Budget Report and Adjustments - 031110.doc
O~ CPPPOrtA
f~, BAKERSFIELD CITY COUNCIL
MINUTES
,L~l MEETING OF MARCH 10, 2010
LIFO
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch (seated at 5:30 p.m.) Hanson,
Sullivan
Absent: None.
City Manager Tandy made comments regarding adding an
item to the Agenda.
Motion by Vice-Mayor Scrivner to add the following item to APPROVED
the Agenda that arose after the Agenda was posted and AB COUCH
requires action tonight, as Consent Calendar Item 8.aa.:
8. CONSENT CALENDAR
Miscellaneous:
aa. Accept bid and award contract to Griffith Co.
($724,500) for completion of the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from
White Lane to Planz Road, Wible Road from
Pacheco Road to White Lane; and Hughes
Lane to Planz Road project.
Mayor Hall announced that public comments on the tow
truck services issue, Deferred Business Item 14. a., will be heard
at the time the City Council considers the matter,, and a 30
minute time slot will be allowed for all comments, with each
person speaking no more than 3 minutes.
2. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Marissa Dodson, 3rd grade
student at Lakeside School.
Bakersfield, California, March 10, 2010 - Page 2
Mayor Hall recognized the government class students from ACTION TAKEN
Bakersfield College in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Kirsten Potegian, on behalf of Larry Roland,
declaring March 23, 2010 Ben and Jerry's Day.
Ms. Potegian accepted the Proclamation,
made comments, and invited everyone to go
to Ben and Jerry's at East Hills Mall on
March 231d for free ice cream.
b. Presentation by Mayor Hall of a Proclamation to
Jodi Loeffler, on behalf of Susan Handy,
declaring March 15-19, 2010 Adult Education
Week.
Ms. Loeffler accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. Jose Lopez Quierarte spoke about problems
with his ex-landlord and Payless Auto Towing.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. One appointment to the Board of Building
Appeals due to the long term vacancy
previously held by Stephen Lewis.
City Clerk Gafford announced one application was
received from Barbara Lomas.
Motion by Vice-Mayor Scrivner to appoint Barbara APPROVED
Lomas as a Member of the Board of Building Appeals.
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.
Bakersfield, California, March 10, 2010 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Payments:
ABS WEIR
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 ORD 4614
10.80 of the Municipal Code relating to Kern
River Bicycle Trail. (FR 02/17/10)
d. Adoption of Ordinance amending Municipal ORD 4615
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)
Resolutions:
e. Resolution to authorize sale of surplus RES 027-10
playground equipment to Kids Around the
World, Inc. (non-profit) for $1.00.
f. Resolution authorizing The County of RES 028-10
Sacramento to apply for State Energy Program
Funds on behalf of the City to operate the
California First Solar and Energy Efficient
Lending Program.
g. Sewer Connection Fee Assessments for 11512
Jimrik Avenue:
1. Resolution confirming assessments for RES 029-10
sewer connection fee and authorizing
the collection of assessments by the Kern
County Tax Collector.
2. Agreement with Steven and Noemi AGR 10-022
Webdell to pay sewer connection fee in
installments and notice of special
assessment lien.
Bakersfield, California, March 10, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution of Intention No. 1656 calling a public ROI 1656
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).
i. Resolution of Intention No. 1659 to order the ROI 1659
vacation of a portion of a 10' wide public
utilities easement containing 930 square feet
located at 2935 Oswell Street.
Agreements:
j. Final Tract Map and Improvement Agreements AGR 10-023
with John Balfanz Homes, Inc. for Tract 6353
Phase 3 located south of Hosking Avenue and
west of Highway 99.
k. Agreement with Wilson & Associates (not to AGR 10-024
exceed $113,200) to provide continuing
disclosure services for various Special
Assessment Districts.
1. License Agreement with Kern County Water AGR 10-025
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 AGR 10-026
to exceed $375,000 over 3 year term) to adjust
liability claims filed against the City.
n. Agreement with PARS for administrative and AGR 10-027
custodial services regarding the City's Retiree
Medical Irrevocable Trust.
o. Amendment No. 2 to Agreement No. 08-179 AGR 08-179(2)
($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 AGR 08-081(1)
with Hanna, Brophy, MacLean, McAleer &
Jensen (not to exceed $150,000 and extending
term for 12 months) for Worker's Compensation
defense attorney services.
Bakersfield, California, March 10, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 1 to Agreement No. 08-105 AGR 08-105(1)
with A C S/CompIQ 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 AGR 05-423(5)
with PacifiCare Behavioral Health of California
for emotional health care insurance.
S. Contract Change Order No. 1 to Agreement AGR 09-109
No. 09-109 with Granite Construction 0001
($145,675.69; revised not to exceed
$1,696,479.69) for the Pavement Rehabilitation
2009 Phase 1 Mt. Vernon Avenue from SRI 78 to
University Avenue Project.
t. Contract Change Order Nos. 1 through 3 to AGR 09-111 Agreement No. 09-111 with Maverick Asphalt 0001, 0002, 0003
and Construction ($97,979.04; revised not to
exceed $1,881,522.94) for the Pavement
Rehabilitation 2009 Phase 3 Various Locations
Project.
U. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 11 to AGR 07-302
00011
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.
V. Amendment No. 1 to Agreement No. 06-169 AGR 06-169(1)
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.
Bakersfield, California, March 10, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Bids:
W. Bakersfield LNG/LCNG Fueling Facility - S. Mt.
Vernon Avenue & E. Planz Road:
1. Accept base bid only and award AGR 10-028
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 AGR 10-029
Victory Engineers, Inc. (not to exceed
budgeted amount of $80,000) for canal liner
repair.
Miscellaneous:
Z. Appropriate $3,589,586 in Federal SAFETEA-LU
funds to the Public Works Capital Improvement
Budget within TRIP. (SR 178/Fairfax Road)
aa. Accept bid and award contract to Griffith Co. AGR 10-030
(724,500) for completion of the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from
White Lane to Planz Road, Wible Road from
Pacheco Road to White Lane, and Hughes
Lane to Planz Road project.
City Clerk Gafford announced a correction to item
8.t., revising the dollar amounts.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Bakersfield, California, March 10, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.aa., with the correction
to item 8. t.
9. CLOSED SESSION
None.
10. CLOSED SESSION ACTION
None.
11. CONSENT CALENDAR PUBLIC HEARINGS
None.
12. HEARINGS
a. Public Hearing to consider Resolution approving RES 030-10
and adopting an adjusted fee for the
development and improvement of parks within
the City (proposed 4% increase based upon
Construction Cost Index).
Public Works Director Rojas made staff comments.
Hearing opened at 5:38 p.m.
No one spoke.
Hearing closed at 5:38 p.m.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Resolution.
13. REPORTS
None.
14. DEFERRED BUSINESS
RES 031-10
a. Resolution regarding tow truck services.
Majority of Budget and Finance Committee
recommends adoption of resolution.
Administrative Analyst Teglia made comments and a
powerpoint presentation.
City Manager Tandy made comments.
Bakersfield, California, March 10, 2010 - Page 8
14. DEFERRED BUSINESS continued ACTION TAKEN
City Clerk Gafford announced correspondence was
received from Les Simpson of K&R Towing, and Lynn
Gudmundson of Fleet Services Towing.
John Duffield, Certified Public Accountant; Dr. Scott
McHone; Trice Harvey; and Andrew Richter, with
Barnett's Towing, spoke in opposition to the
recommendation.
Mr. Robert Ring, representing the Bakersfield Towing
Association; Ray Tavakoli; and Randall Davis, owner of
Joe's Towing, spoke in support of the
recommendation.
Councilmember Weir spoke in support of the Majority
Report.
Motion by Councilmember Weir, to amend the current NAT
policy effective July 1,2010, to adopt the CHP
standards as the minimum qualifications, as detailed
in the CHP tow services agreement; the 7 tow
companies on the CHP list on or offer May 1, 2010 in
the northwest tow district, central tow district or
southwest tow district, which have a primary location,
as defined in the CHP tow services agreement, within
the City limits of Bakersfield will be eligible to contract
with the City for towing services, the existing 6
companies currently under contract with the City
will be grandfathered in for a period of 24 months from
July 1, 2010, those that do not have a location in the
City limits, or are not in the process of annexation to
the City, will be ineligible to contract with the City after
the 24 months have expired; all companies will have
to apply, including grandfathered companies, to be
on the list, if the number of applications exceeds the
cap, the grandfathered companies that have applied
will be selected first and additional companies will be
selected based upon the date and time stamped on
their application by the Finance Department; there will
be a 10-day termination clause, which would be a
without cause clause, appropriate additional
insurance requirements are to be included in the City's
contracts, along with a 30-minute response time; the
City shall cap the number of tow companies that can
contract with the City at 13; all City towing needs,
including that of the Public Works Department, will be
provided through the contracted companies on the
Bakersfield, California, March 10, 2010 - Page 9
14. DEFERRED BUSINESS continued ACTION TAKEN
City tow rotation list, the new contracts will be
administered by the Finance Department;
administration of the rotational process will remain with
the Police Dispatch Center; and the City will enter into
one contract for evidence towing and storage
services by way of a Request for Proposal process.
Councilmember Hanson spoke in support of the
Minority Report.
Motion by Councilmember Hanson to grandfather in
the 6 existing tow companies with which the City is
doing business, contract with an additional 4 tow
companies that are located within the City limits and
have submitted completed applications for tow
services, and must be in file as of this date, staff is to
update the 1994 requirements and provide specific
and more stringent standards than the CHP requires;
there will be a 10-day termination clause; appropriate
additional insurance requirements are to be included
in the City's contracts, along with a 20-minute
response time; and all City towing needs, including
that of the Public Works Department, will be provided
through the contracted companies on a City rotation
list.
Councilmember Benham stated she is inclined to
support Councilmember Weir's motion, and asked
him to consider a friendly amendment to extend the
transition period to six months.
Councilmember Weir agreed to amend his motion NAT
and accept a six-month adjustment to October 1,
2010.
Councilmember Weir amended his motion to revise NAT
the cap to allow 14 tow companies.
Councilmember Carson asked Councilmember Weir
to consider a friendly amendment to set the cap at
13.
Councilmember Weir stated he wanted the cap to
remain at 14.
Bakersfield, California, March 10, 2010 - Page 10
ACTION TAKEN
14. DEFERRED BUSINESS continued
Councilmember Hanson stated for the record, that
when he made the recommendation last week for 10,
he did not know the number of applications on file,
and when he called staff today about the number, he
was told there were 9, with 4 of them being in the City,
and he would like clarification on that number,
Councilmember Couch suggested grandfathering in
the 6, requiring them to annex or get into the City limits
by October 1, 2012 adding 4 via the RFP/RFQ process,
and it doesn't matter if they are in the City or in the
County right now, but they have the some time frame
to get themselves in the City.
Motion by Councilmember Hanson amending his
motion to 24 months from July for consistency
purposes, go with the RFP process, and direct staff to
come back with recommendations on that.
Councilmember Scrivner suggested grandfathering in
the 6, but not in perpetuity,- allow until January 1, 2011,
before implementing the new policy, and let the
existing companies be grandfathered in for 3 years;
and take applications for 4 more companies.
Councilmember Benham expressed her concerns
about going through an RFP process when employees
are already being asked to do more with less,
Councilmember Sullivan stated she is comfortable
increasing by 4, but does not feel the RFP process is
necessary.
Councilmember Weir called for the question.
City Attorney Gennaro re-stated Councilmember APPROVED
Hanson's motion, as follows: The motion by NOES WEIR,
Councilmember Hanson is that the total number of BENHAM,
companies that can contract with the City for tow SCRIVNER
services shall be 10, all of the companies must be
located within the City limits; however, the 6
companies that are currently under contract with the
City will be grandfathered in, and they will have 24
months from July of 2010 in order to have their primary
location within the City limits; staff then will be
required to come back to the Council and present the
Bakersfield, California, March 10, 2010 - Page 11
14. DEFERRED BUSINESS continued ACTION TAKEN
RFP requirements as to how to arrive at the additional 4
companies, included in that list will be updated
requirements and more specific and stringent
standards than the CHP requirements, parameters will
also include a contract that will have a 10-day
termination clause, appropriate additional insurance
and a 20-minute response time, all City towing needs,
including that of the Public Works, will be provided
through the contracted companies on the City tow
rotation list, as that will be established through the RFP
process, the new contracts will be administered by
the Finance Department; the rotation process will
remain with the Police Dispatch Center, and the City
will enter into one contract for evidence towing and
storage services by way of also an RFP process, which
will be separate.
Councilmember Hanson concurred with City Attorney
Gennaro that the term of the contracts will come
back to Council for discussion as part of the RFP
parameters.
Recess taken from 7:56 to 8:03 p.m.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson expressed his surprise
regarding a letter indicating the City owes the railroad
$530,000.
Councilmember Hanson stated he met a man in Cairo
named Richard Harrison who asked to send his
regards to Councilmember Couch.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:05 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield