HomeMy WebLinkAbout04/21/10_CC_AGENDA_PACKET1BAKERSFIELD CITY COUNCIL
.•q~ AGENDA
MEETING OF APRIL 21, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Reverend Matthew Spencer, Our Lady of Guadalupe Church.
3. PLEDGE OF ALLEGIANCE by Cori Fanucchi, Kindergarten student at Downtown Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Steve Eisen, President and Founder,
Bakersfield Jazz Workshop, declaring April, 2010, Jazz Appreciation Month.
b. Presentation by Mayor Hall of a Proclamation to Omar Macias, declaring April, 2010,
Motorcycle Awareness Month.
5. PUBLIC STATEMENTS
6. ' WORKSHOPS
a. Presentation by Michael Turnipseed, Executive Director, Kern County Taxpayers'
Association, regarding PG&E utility rate issues.
7. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment Agency due to the expiration
of term of James A. Knapp, whose term expires April 22, 2010.
Staff recommends Council determination,
b, Two appointments to the Planning Commission due to the expiration of terms of
Edward (fed) Blockley (Ward 2) and Thomas McGinnis (Ward 4), whose terms expire
April 30, 2010.
Staff recommends Council determination.
C. Appointment of City representative and alternate to the Local Agency Formation
Commission by Vice-Mayor Scrivner, terms expire May, 2010.
Staff recommends determination by Vice-Mayor and ratified by Council.
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the April 7, 2010 Regular City Council Meeting.
8. CONSENT CALENDAR continued
Payments:
b. Approval of department payments from March 26, 2010 to April 8, 2010 in the
amount of $9,187,120.46 and self-insurance payments from March 26, 2010 to
April 8, 2010 in the amount of $173,146.37.
Ordinances:
(Ward 4,5) c. Adoption of Ordinance amending Municipal Code § 1. 12.040 and § 1. 12.050 by
adding Annexation No. 607 consisting of 1.04 acres located along the west side of
Allen Road, north of Rosedale Highway to Ward 4 and Annexation No. 549 consisting
of 39.90 acres located on the northeast corner of Old River Road and McCutchen
Road to Ward 5. (FR 04/07/10)
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 6) e. Resolutions adding the following territories to the Consolidated Maintenance District,
confirming the assessments, approving the Public Works Director's Reports and
authorizing collection of assessments by the Kern County Tax Collector.
1. Area 2-43 (3220 Ming Avenue)
2. Area 3-81 (2800 Panama Lane)
(Wards 1,2,6) f. Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving the Public Works
Director's Report:
1. ROI No. 1663 to add territory, Area 5-59 (2424 Cottonwood Road).
2. ROI No. 1664 to add territory, Area 2-44 (6320 District Boulevard).
3. ROI No. 1665 to add territory, Area 4-95 (1818 Dracena Street).
(Ward 1) g. Sewer connection and construction fees assessments for 141 Dunlap Street:
Resolution confirming assessments for sewer connection and construction fees
and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Jesse N. Hernandez & Sandra V. Hernandez to pay sewer
connection and construction fees in installments and notice of special
assessment lien.
(Ward 7) h. Sewer connection fee assessment for 1913 Wade Avenue:
Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessments by the Kern County Tax Collector.
2. Agreement with Erik Centeno to pay sewer connection fee in installments and
notice of special assessment lien.
City Council Meeting of 4/21 /2010
8. CONSENT CALENDAR continued
(Ward 2,3) i, Emergency repairs to sewer main near the intersection of 32nd Street and H Street:
1. Amendment No. 1 to Resolution No. 035-10 dispensing with bidding
procedures due to emergency sewer repairs near the intersection of 32nd
Street and H Street, increasing the not to exceed amount from $200,000 to
$310,00.
2. Appropriate $110,000 Sewer Enterprise Fund. Balance (Wastewater Treatment
Plant No, 2) to the Public Works Department Capital Improvement Budget to
fund said emergency repairs,
Agreements:
j. Workers Compensation Utitlization Review and Nurse Case Management:
1. Agreement with Professional Dynamics, Inc. (not to exceed $45,000 annually)
to provide utilization review services.
2. Agreement with Comprehensive Care Systems (not to exceed $100,000) to
provide nurse case management services.
(Ward 1) k. Amendment No. 1 to Agreement No. 07-063 with Steven Hendrix assigning ground
lease of hangar space at the Bakersfield Municipal Airport to Robert Moore.
(Ward 2) I. Amendment No. 3 to Agreement No. 03-181 with Andre Family Rentals ($2,000 per
month) to lease space at 1420 G Street for Police Department records storage.
Bids:
(Ward 2) M. Reject all bids for Pavement Rehabilitation 2009 CDBG-R Phase 2.
n. Accept bid from Stewart Staffing Support Services, Inc. ($53,993.20) for sixteen (16)
Panasonic Toughbook Mobile Data computers for the Police Department.
(Ward 2) o. Furnish and Install electrical switchboard at the Convention Center:
1, Accept bid and award contract to Gold Coast Electric, Inc. ($46,999) for
the project,
2. Approve transfer of $5,858 savings from capital project (Replace A/C Unit at
the Corporation Yard) to the Public Works Department Capital Improvement
Budget within the Capital Outlay Fund for the project.
P. Accept bid and award annual contract to ThyssenKrupp Elevator Corp. (not to
exceed $16,820) for elevator maintenance.
Miscellaneous:
q, Consolidated Plan 2015, Analysis of Impediments to Fair Housing Choice 2015, Fiscal
Year 2010/11 Action Plan and, Citizen Participation Plan.
Staff recommends adoption of Consent Calendar items 8.a, through 8.q.
3 City Council Meeting of 4/21 /2010
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for Marc Halling v. City, KCSC
Case No. S-1500-CV-266789-DRL.
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 3) a. Public Hearing to consider Resolution ordering the abandonment of excess street
dedication on Newcluist Drive and North Gate Drive. (Staff recommends adoption of
resolution.)
(Ward 6) b. Public Hearing to consider Amendment No. 2 to Resolution No. 133-07 establishing
Underground Utility District No. 2, Division 31 (Sports Village). (Staff recommends
overriding protests and adoption of amendment to resolution.)
c. Public Hearing to consider Resolution establishing industrial and commercial sewer
service user surcharges for Fiscal Year 2010-11. (Staff recommends adoption of
resolution.)
12. HEARINGS
13. REPORTS
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
4114110 8:50om
4 City Council Meeting of 4/21/2010
AGENDA HIGHLIGHTS
Apdi 21, 2010 COUNCIL MEETING
REGULAR MEETING - 5:15 o m.
Michael Turnipseed, Executive Director of the Kern County Taxpayers' Association, will
provide a presentation on PG&E utility rate issues.
APPOINTMENTS
There will be one (1) appointment to the Bakersfield Redevelopment Agency and two
(2) appointments to the Planning Commission. Appointment of the City representative
and alternate to the Local Agency Formation Commission will be made by the Vice-
Mayor.
_Q0SENT CALENDAR
RtsolutiQnA
Item 81. Emeraencv Repairs to sewer main near the intersection of 32nd and H Streets.
On March 24, 2010, the City Council approved a resolution dispensing with bidding
procedures to expedite emergency repairs caused by a sewer line failure north of the
Intersection at 32nd and H Street, located within a railroad right of way. After work
began, it was determined that the presence of fiber optic lines will necessitate that the
new sewer is installed four feet deeper than originally planned, requiring additional
construction and expense. This item requests approval of an amendment to the
original resolution to Increase the not to exceed amount from $200,000 to $310,000 and
the appropriation of an additional $110,000 from the Sewer Enterprise Fund Balance to
the Public Works Capital Improvement budget.
Miscelloneou$
Item 8q. Consolidated Plan 2015. Analvsis of Imoediments to Fair Housina Choice 2015.
FY 2010/11 Action Plan and Citizen Participation Plan. In order for the City to continue
receiving over $5 million of entitlement funds, HUD requires a new "Con Plan" outlining
how the City intends to meet identified local housing and community development
needs for the next five years. As part of the Con Plan, also required is an "Analysis of
Impediments to Fair Housing Choice" which provides an overview of the laws,
conditions, and other obstacles that may affect access to housing and other services in
Bakersfield, as well as a "Citizen Participation Plan" that explains how the City will work
with organizations in the public, private, and non-profit sectors to carry out those
strategies. Finally, the FY 2010/11 Action Plan must also be submitted. On March 3,
2010, the Budget and Finance Committee recommended that the FY 2010/11 Action
Plan budget be presented to the full City Council for approval. The Action Plan is
comprised of funding sources from CDBG, the HOME Investment Partnership Program
and an Emergency Shelter Grant. This item requests City Council approval of the
ConPian and Its accompanying elements in order to meet HUD's submittal deadline.
CLOSED SESSION
There will be a conference with Legal Counsel regarding one (1) matter of existing
litigation and a conference with the Labor Negotiator,
CONSENT CALENDAR PUBLIC HEARINGS
Item 11 c. Public Heorina to consider industrial and commercial sewer service user
surcharaes for FY 2010/11. -Sewer user fees are adopted annually to cover operating
costs and maintenance for the sewer treatment plans and the existing sewer collection
system. In addition to an annual flat rate sewer fee, a monthly surcharge is assessed if
flow and sewer strength for commercial/industrial users exceeds the baseline amount.
Adjustments to the surcharge are based on annual operating costs, capital
improvement costs related to sewer/storm water collection systems and wastewater
treatment plants and the daily design capacity of the system. Based on staff analysis,
the increase for FY 2010/11 for commercial/industrial users will average 2.2%.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - April 21, 2010 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Presentations
ITEM: 4.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD~i /5;
DATE: April 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Steve Eisen, President and Founder of the
Bakersfield Jazz Workshop, declaring April, 2010, Jazz Appreciation Month.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: April 21, 2010 AGENDA SECTION: Presentations
ITEM: H , b,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: April 9, 2010 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Presentation by Mayor Hall of a Proclamation to Omar Macias declaring April, 2010,
Motorcycle Awareness Month.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: April 21, 2010 AGENDA SECTION: Workshops
ITEM: (o, ct„
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: April 13, 2010 CITY ATTORNEY
4! /I
CITY MANAGER
SUBJECT: Kern County Taxpayers' Association Presentation regarding PG&E Utility Rate Issues
RECOMMENDATION:
BACKGROUND: Michael Turnipseed, Executive Director of the Kern County Taxpayers'
Association, has requested an opportunity to address the City Council regarding PG&E utility rate
issues.
(Typist's Initials lower case)
April 13, 2010, 12:07PM
P:1Admi n Reports&Related\Adm-20101Adm in-PG&EWorkshop-KernTaxpaye rs-041310. doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Appointments
ITEM: r-1. q, ,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
April 7, 2010
One Appointment to the Bakersfield Redevelopment Agency due to the Expiration
of Term of James A. Knapp, whose Term Expires April 22, 2010.
APPROVED
DEPARTMENT HEAD f47"
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Bakersfield Redevelopment Agency due to the expiration of
term of James A. Knapp, whose term expires April 22, 2010.
An application for appointment has been received from the following:
• James A. Knapp
The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed
of seven (7) members, appointed by the Mayor and approved by the Council. Agency
members must be registered voters and residents of the City throughout the remainder of their
term.
The agency transacts business and exercises its powers under Community Redevelopment Law.
Meetings are generally held the second Monday of each month at 4:00 p.m., City Hall North,
1600 Truxtun Avenue.
April 7, 2010, 12:53PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Appointments
ITEM: I, h
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: April 6, 2010 CITY ATTORNEY
CITY MANAGER AS
SUBJECT: Two Appointments to the Planning Commission due to the Expiration of Terms of
Edward (Ted) Blockley (Ward 2) and Thomas McGinnis (Ward 4), whose Terms Expire
April 30, 2010.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Planning Commission due to the expiration of terms of
Edward (Ted) Blockley and Thomas McGinnis. The news release for this recruitment was posted
on February 16, 2010.
Applications for appointment have been received from the following:
• Thomas McGinnis
• Elliott Jacob Kirschenmann
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of
nomination. In accordance with this ordinance, the appointments shall be made by the
Councilmembers of Ward 2 and 4.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7)
regular members, nominated by the Councilmember of the ward which corresponds with the
commission vacancy. Additionally, Planning Commission members must be residents of the City
throughout their four-year terms, but not of a specific ward of the nominating Councilmember.
April 7, 2010, 12:54PM
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MEETING DATE: April 21, 2010 AGENDA SECTION: Appointments
ITEM: 1, 0,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
April 9, 2010
Appointments of city representative and alternate to the Local Agency Formation
Commission by Vice-Mayor Scrivner, terms expire in May 2010.
APPROVED
DEPARTMENT HEAD ^ Ar
CITY ATTORNEY Ae-
CITY MANAGER
RECOMMENDATION:
To be determined by Vice-Mayor and ratified by Council.
BACKGROUND:
The terms for the city representative and alternate on the Local Agency Formation Commission will expire
in May. Currently, Councilmember David Couch serves as the representative and Councilmember Harold
Hanson serves as the alternate. Representation by the city commenced in 2006.
Senate Bill 967 states that the city with the largest population in Kern County receives a seat on LAFCO.
This distinction currently rests with the City of Bakersfield. The City will have representation until it no
longer has the largest population in Kern County.
The duties of LAFCO are to review and approve or disapprove with or without amendment, wholly,
partially or conditionally, proposals for the incorporation of cities, formation of special districts, annexation
of territory to local agencies, exclusion of territory from a city, disincorporation of a city, consolidation of
two or more cities, and the development of a new community.
In accordance with Section 2.02.020 of the Municipal Code, the Vice-Mayor makes city appointments with
ratification by the Council. The term is four years and will expire in May of 2014.
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MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: S. Q,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD /4-r
DATE: April 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the April 7, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: 6.b.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: April 8, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from March 26, 2010 to April 8, 2010
in the amount of $9,187,120.46 and Self Insurance payments from March 26,
2010 to April 8, 2010 in the amount of $173,146.37.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,360,266.83
BACKGROUND:
KLG
April 8, 2010, 2:59PM
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MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.C.
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: April 8, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections § 1. 12.040
and §1,12.050 by adding Annexation No. 607 consisting of 1.04 acres, located
along the west side of Allen Road, north of Rosedale Highway to Ward 4 and
Annexation No. 549 consisting of 39.90 acres, located on the northeast corner of
Old River Road and McCutchen Road to Ward 5. (Wards 4 & 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on April 7, 2010.
This ordinance amends the ward boundaries to Include Annexations 607 and 549 into the
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 607 is located along the west side of Allen Road, north of Rosedale Highway.
The annexation territory is fully developed. The property owners, Rosedale Church of Christ,
requested annexation to receive city services. This area will be Included Into Ward 4.
Annexation No. 549 is located on the northeast corner of Old River Road and McCutchen
Road. The annexation territory consists of 39.90 acres. The property owner requested
annexation for development purposes and to receive city services. This area will be Included
into Ward 5.
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MEETING DATE: April 21, 2010 AGENDA SECTION: Consent
ITEM: 84
d
TO: Honorable Mayor and City Council APPROVED
FROM: Phil Burns, Building Director DEPARTMENT HEAD
DATE: April 2, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: 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 April 12, 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
War
1.
d 1 /Councilmember Irma Carson
157 Bannock Street
516-102-20
$
105.00
2.
912 Bradshaw Street
170-131-14
$
300.00
3.
1013 Brundage Lane
011-072-03
$
670.00
4.
143 Clyde Street
018-390-25
$
300.00
5.
328 Dr. Martin L, King Jr. Blvd.
018-420-03
$
105.00
6.
709 Dr, Martin L. King Jr. Blvd.
019-111-20
$
105.00
7.
904 S. Haley Street
019-141-01
$
105.00
8.
820 Ivy Trae Lane
516-141-17
$
300.00
April 5, 2010, 9:56AM
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ADMINISTRATIVE REPORT
PROPERTY LOCAIJON APN COST
Ward 1 /Councilmember Irma Carson
9.
622 L Street
009-341-06
$
600.00
10.
310 Madison Street
169-041-02
$
600.00
11.
930 O Street
009-162-20
$
859.00
12.
803 Sansome Street
139-162-01
$
600.00
13.
1104 Virginia Avenue
018-112-20
$
105.00
14.
813 Watts Drive
170-142-07
$
645.00
15.
Lot north of 1922 Wingstone Drive
170-111-25
$
795.00
16.
110 E. 8th Street
139-191-13
$
799.00
17.
1422 E. 9th Street
018-061-18
$
764.00
Ward 2/Councilmember Sue Benham
18,
517 Beale Avenue
017-270-01
$
105.00
19.
1018 Chico Street
017-390-10
$
105.00
20.
233 Eye Street
010-280-07
$
839.00
21.
230 H Street
010-280-20
$
769.00
22,
3320 Jewett Avenue
002-031-03
$
300.00
23,
3631 L Street
120-110-07
$
300.00
24.
1201 Niles Street
015-240-20
$
787.00
25,
1517 Pacific Street
015-130-04
$
600.00
Warc,/Councilmember Ken Weir
26.
3100 Apollo Street
146-051-11
$
800.00
27,
3613 Harmony Drive
382-242-06
$
105.00
28.
2807 Staunton Court
383-181-24
$
730.00
Ward 4/Counciimember David Couch
29. 11828 Hyperion Avenue 465-422-14 $ 730.00
Ward 5/Counciimember Harold Hanson
30.
2816 Bralorne Court
381-111-09
$
1,510.00
31.
3908 Cibola Court
385-332-06
$
105.00
32.
3908 Jerome Way
385-292-07
$
860.00
33.
10707 San Acacio Street
497-192-06
$
1,590.00
34.
3716 Tracey Court
394-141-12
$
600.00
35.
8617 White Rock Drive
501-073-05
$
899.00
April 5, 2010, 9:55AM
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 6/Coucilmember Jacauie Sullivan
36.
5105 Lowen Avenue
355-041-21
$
300.00
37.
6416 Plaquemines Drive
385-080-18
$
300.00
38.
4833 Shadow Stone Street
498-342-01
$
969.00
39,
3848 Soranno Avenue
440-171-08
$
675.00
40.
5315 Summer Savory Court
499-342-01
$
1,299.00
Ward 7/Councilmember Zack Scrivner
41,
1008 Adelaide Avenue
413-151-08
$
105.00
42.
1220 Evadonna Road
516-173-04
$
600.00
43.
1400 Evadonna Road
516-283-06
$
999.00
44.
3821 Fambrough Drive
025-163-06
$
300.00
45.
1917 Oscar Avenue
023-211-06
$
300.00
46.
6500 Peggy Way
516-051-07
$
1,560.00
47.
6800 Squall Place
515-202-01
$
300.00
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.
April 5, 2010, 9:55AM
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MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8, 6.
TO: Honorable Mayor and City Council APPROVED
~i
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 5, 2010 CITY ATTORNEY
V
CITY MANAGER
SUBJECT: Resolutions adding territory to the Consolidated Maintenance District, confirming the
assessments, approving the Public Works Director's Reports and authorizing collection of
assessments by the Kern County Tax Collector:
1. Area 2-43 (3220 Ming Avenue) Ward 6
2. Area 3-81 (2800 Panama Lane) Ward 6
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On April 7, 2010, the Council adopted Resolution of Intention Nos. 1662 and 1661
adding the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will
be assigned the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition
218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s)
have also submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
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ADMINISTRATIVE REPORT
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9 IFO
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: g.f,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 6, 2010 CITY ATTORNEY Q~
CITY MANAGER
SUBJECT: Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance District and
preliminarily adopting, confirming and approving the Public Works Director's Reports:
1. ROI No. 1663 to add territory, Area 5-59 (2424 Cottonwood Road). (Ward 1)
2. ROI No. 1664 to add territory, Area 2-44 (6320 District Boulevard). (Ward 6)
3. ROI No. 1665 to add territory, Area 4-95 (1818 Dracena Street). (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. These areas will be under the park and streetscape zones of benefit
and will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at the next
City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
Ps
G:\GROUPDAT\ADMINRPT\2010\04-21\ROI 1663 & 1664 & 1665 MD 5-59 & 2-44 & 4-95 admin.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q>, q.
J
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 1, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Sewer connection and construction fees assessments (Ward 1):
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Jesse N. Hernandez & Sandra V. Hernandez, 141 Dunlap
Street, to pay sewer connection and construction fees in installments and
notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 141 Dunlap Street desire to connect the
property to the City sewer system. The property owner claims that to pay the sewer
connection and construction fees in one payment would produce an economic hardship. To
assist in paying the connection and construction fees, the City has contracted with the
property owner to spread the connection and construction fees over a five (5) year period to
be collected with their property taxes in accordance with Municipal Code Section 14.12.030,
14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County
Tax Collector to collect the connection and construction fees in five equal payments over the
next five years.
S:\PROJECTS\SewerConFee\Admin\141 Dunlap Street ADMIN.doc
April 1, 2010, 10:54AM
T A
ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: h,
TO:
Honorable Mayor and City Council
PPROVED
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
March 19, 2010
CITY ATTORNEY
U
CITY MANAGER
SUBJECT:
Sewer Connection Fee Assessments (Ward 7):
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Erik Centeno, 1913 Wade Avenue, to pay sewer connection
fee in installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owner of the property at 1913 Wade Avenue desire to connect his
property to the City sewer system. The property owner claims that to pay the sewer connection
fee in one payment would produce an economic hardship. To assist in paying the connection
fee the City has contracted with the property owner to spread the connection fee over a five (5)
year period to be collected with their property taxes in accordance with Municipal Code
Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes
the Kern County Tax Collector to collect the connection cost in five equal payments over the
next five years.
dha
S:\PROJECTS\SewerConFee\Admin\1913 Wade AV 2010 ADMIN.doc
March 19, 2010, 10:16AM
BA E
W094 ~tr
ADMINISTRATIVE REPORT
LIF
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . I ,
TO: Honorable Mayor and City Council APPfOVED
n;
FROM: Raul M. Rojas - Public Works Director DEPARTMENT HEAD
DATE: April 7, 2010 CITY ATTORNEY A
CITY MANAGER AS
SUBJECT: Emergency Repairs to Sewer Main Near the Intersection of 32nd Street and H Street
(Wards 2 and 3):
1. Amendment No. 1 to Resolution No. 035-10 dispending with bidding procedures
due to emergency sewer repairs near the intersection of 32nd Street and H
Street, increasing the not to exceed amount from $200,000 to $310,000.
2. Appropriate $110,000 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 amendment to resolution and appropriation.
BACKGROUND: On March 24, 2010, Council approved Resolution No. 035-10, dispensing with
bidding procedures in order to expedite the repair of a sewer line that is failing within the railroad
right-of-way north of the intersection of 32nd Street and H Street. At that time City staff had a
preliminary design for the new sewer alignment and site investigations concluded that all the
work to be performed could be done without entering railroad right of way.
After the contractor began construction, staff learned that there were fiber optic lines that were
installed within railroad right of way that paralleled the tracks. When the contractor potholed the
fiber optic lines, staff determined that the new sewer had to be installed four feet deeper than
originally planned to comply with coverage requirements of the fiber optic line owners. This
modification to deepen the sewer line made construction activities more difficult and thus more
expensive. Current estimates for this project, including construction, permits with the Union
Pacific Railroad, and City staff labor, indicate a final project cost of about $310,000.
Because of the additional construction necessary to avoid conflicting with the fiber optic lines,
staff recommends approval of the amendment to Resolution No. 035-10 and the appropriation of
the additional $110,000 to cover project costs.
jim CityProject #EOK210
gAgroupdat\adminrpt\2010104-21 \sewer rehab_035-10.doc
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J, S~
ADMINISTRATIVE REPORT
1
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Agenda
ITEM: 6, ; .
U
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ( /Il37~,>
DATE: April 9, 2010 CITY ATTORNEY
CITY MANAGER ~W
SUBJECT: Workers' Compensation Utilization Review and Nurse Case Management
1. Agreement with Professional Dynamics, Inc. to provide Utilization Review Services in the
Self-Insured Workers' Compensation program in an amount not to exceed $45,000,
annually.
2. Agreement with Comprehensive Care Systems to provide Nurse Case Management
Services for Self-Insured Workers' Compensation Program in an amount not to exceed
$100,000, annually.
RECOMMENDATION:
Staff recommends approval of the agreements
BACKGROUND:
As a result of the passage in 2004 of SB 899, employers, through their workers' compensation
administrators, are allowed to review medical procedures prescribed by treators of injured workers for
appropriateness as well as medical necessity. The law also allows the City to engage the services of
Nurse Case Managers who stay in contact with seriously injured workers and monitor their treatment and
progress toward returning to work. The contracts with the current providers of both utilization review and
nurse case management services expire on June 30, 2010.
Risk Management Division issued a request for proposal to firms that provide these services. We have
received responses from the two incumbent firms. No other providers responded. Staff recommends that
the City contract with Professional Dynamics, Inc. for utilization review services for a three (3) year period
and with Comprehensive Care Systems for nurse case management services for a three (3) year period.
Professional Dynamics, Inc. has performed these services for the City for the past three (3) years with
very satisfactory results. Comprehensive Care Systems is a Bakersfield company that has performed
nurse case management services for the City for the past three (3) years with very satisfactory results.
Both Professional Dynamics, Inc. and Comprehensive Care Systems meet the City of Bakersfield's criteria
on experience, price, knowledge of Workers' Compensation law and the Bakersfield medical community.
April 9, 2010, 8:43AM
C:\DOCUME--1\bzaragoz\LOCALS-1\Temp\UR and NCM Renewal Admin Rpt.-2010.doc
AK
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ADMINISTRATIVE REPORT
i
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. (4.
TO: Honorable Mayor and City Council AnPPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD r:
DATE: March 18, 2010 CITY ATTORNEY
CITY MANAGER ~C+J
SUBJECT: Ground Lease of Hangar Space at Bakersfield Municipal Airport: (Ward 1)
Amendment No. 1 to Agreement No. 07-063 with Steven Hendrix assigning ground
lease to Robert Moore.
RECOMMENDATION: Staff recommends approval of the Assignment to Ground Lease
Agreement.
BACKGROUND: The ground lease agreement for Hangar Space B6 is currently with Steven
Hendrix. Mr. Hendrix desires to assign his interest in the ground lease to Robert Moore. The ground
lease agreement allows for this assignment. The $200.00 Processing fee has been paid. The
assignment will transfer all terms of the ground lease to Robert Moore including the monthly rent
of $40.00.
elp
March 24, 2010, 2:31 PM
GAG ROUPDAT\ADMINRPT\2010\04-21 \GROUNDLEASEAGRMT07-063.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: 0, 1,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 12, 2010 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Amendment No. 3 to Agreement No. 03-181 with the Andre Family Rentals to lease space
at 1420 "G" Street for $2,000 per month for Police Department records storage. (Ward 2)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND:
On June 25, 2003 the City of Bakersfield entered into Agreement No. 03-181 with the Andre Family
Rentals to lease approximately 4500 square feet of warehouse space at 1420 "G" Street. The space is
used by the Police Department to store various records and property. The original term of the lease was
for three years. On June 7, 2006, the lease was amended to extend the lease one more year to explore
other leasing opportunities. On May 9, 2007 the lease was amended a second time to extend the lease for
another 3 years.
It has been determined
become available. This
$2,000 month.
that it would be advantageous to continue leasing this space until other options
amendment will extend the lease an additional three years with the rent being
ENB/s
andre.doc
March 30, 2010
BA
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8-M .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas - Public Works Director DEPARTMENT HEAD aJ°
DATE: April 7, 2010 CITY ATTORNEY
CITY MANAGER /w
SUBJECT: Reject all bids for Pavement Rehabilitation 2009 CDBG-R Phase 2 (Ward 2).
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: This project consists of pavement rehabilitation using a reclamation method to
recycle the existing asphalt concrete pavement into base material, which is then capped with
a new mat of asphalt concrete pavement. The project locations are: 1) E. 18th Street from
Owens Street to Gage Street and Eureka Street from Owens Street to Gage Street (Base Bid);
2)Gage Street from Eureka Street to E. 18th Street (Additive Alternate No.l and, 3) Gage
Street from Dolores Street to Eureka Street (Additive Alternate No. 2). The Engineer's Estimate
for the Base Bid portion of the project was $152,000.
On March 31, 2010 four bids were received as follows:
Kern Asphalt
2000 Norris Road in the amount of $170,647.60 (Base Bid)
Bakersfield, CA 93308
Burtch Construction
18815 Hwy. 65 in the amount of $173,362.80 (Base Bid)
Bakersfield, CA 93308
Griffith Company
1128 Carrier Parkway Ave. in the amount of $185,581.00 (Base Bid)
Bakersfield, CA 93308
Granite Construction Co.
585 W. Beach Street in the amount of $199,920.00 (Base Bid)
Watsonville, CA 95076
EDCD reviewed all the good faith efforts received with the bids. They recommend that the
three low bidders should be rejected due to incomplete "Disclosure of Lobbying Activities"
forms submitted with their bids.
jlm
City Project No. TOK227
GAGR0UPDAT\ADMINRPT\2010\04-21\Pavemnt Rhb CDBGR 2009.docx
ADMINISTRATIVE REPORT
The fourth and highest bidder was Granite Construction Co. Their bid was well above the
funding available for the project.
Based on the incomplete good faith efforts submitted by the three low bidders, and the high
Base Bid submitted by the only responsible bidder, Granite Construction Co., staff
recommends that all bids are rejected. Staff will adjust the scope of work included in the Base
Bid so that there is funding available to award the project, and will re-bid the project in the
near future.
jlm
City Project No. TOK227
GAGROUPDATIADMINRPT\2010\04-21\Pavemnt Rhb CDBGR 2009.docx
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ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.n.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD -,-Gila
v
DATE: April 7, 2010 CITY ATTORNEY4~
CITY MANAGER 4
SUBJECT: Accept bid from Stewart Staffing Support Services, Incorporated in the amount
of $53,993.20 for sixteen (16) Panasonic toughbook mobile data computers for
the Police Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over five hundred (500) suppliers for Panasonic
toughbook mobile data computers to be used by the Police Department. Eighteen (18) bids
were received in response to the solicitation. Bids submitted from GovWare LLC, Aprisa
Technology LLC, West L.A. Music, Golden Star Technology and Hill Country Computer cannot
be considered due to their bids not based on modified specifications identified by
Addendum. Thirteen (13) acceptable bids are listed below.
The toughbook computers will be issued to new officers; ten (10) will be funded by the
Jag/Byrne grant and six (6) will be funded by State Law Enforcement Services Funding (SLESF).
BIDDER AMOUNT
Stewart Staffing Support Services, Inc $53,993.20
New Rochelle, NY
Business Services $58,322.51
San Diego, CA
Globe Electric Supply $58,395.94
Houston, TX
Cyber Computers $61,735.24
Irvine, CA
Capital Datacorp $63,900.24
North Highlands, CA
New Tech Solutions $64,039.32
Fremont, CA
Purchasing Division
SAPURCHWDMINWdmin 09-10\Panasonic Non Touch MDCs for PD, 09-10-54, April 21, 2010.docx
ADMINISTRATIVE REPORT
BEAR Data Systems, Inc. $64,324.06
Bakersfield, CA
Ameritek Deployment Services $65,216.56
Sacramento, CA
Waring Enterprises LLC $65,562.96
Vista, CA
Ilis, Inc. dba Angento Technologies $65,692.51
Wilmington, DE
Howard Industries, Inc dba Howard Technology $69,182.84
Laurel, MS
Jack C Arbuckle $72,047.57
Bakersfield, CA
Divine Visual & Systems Corp. $85,498.11
Miami, FL
Staff finds the low bid to be acceptable and recommends award of the bid to Stewart
Staffing Support Services, Incorporated in the amount of $53,993.20.
Purchasing Division
S:IPURCHWDMINWdmin 09-101Panasonic Non Touch MDCs for PD, 09-10-54, April 21, 2010.docn
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U O 4 C s
ADMINISTRATIVE REPORT
, w
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: fj D
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
Nelson K. Smith, Finance Director
April 10, 2010
DEPARTMENT HEAD All
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Award bid for Furnishing and Installing an Electrical Switchboard at the
Convention Center
1. Accept bid and award contract to Gold Coast Electric, Incorporated
($46,999) for Furnishing and Installing an Electrical Switchboard at the
Convention Center. Ward 2
2. Approve transfer of $5,858 savings from one capital project (Replace A/C
Unit at the Corporation Yard) to the Public Works Department's Capital
Improvement Budget within the Capital Outlay Fund for the Furnish and
Install of an Electrical Switchboard at the Convention Center.
RECOMMENDATION: Staff recommends acceptance of the bid and approval of the transfer
of additional funds necessary to furnish and install an electrical switchboard.
BACKGROUND: Invitations to bid were sent to over six hundred (600) bidders to furnish and
install an electrical switchboard. Seven (7) bids were received in response to the solicitation.
Upon City staff review, it was determined the lowest bid from McKoy Electric Company is not
acceptable due to the bidders failure to properly disclose his involvement related to disputes
recorded with the Contractors State License Board, including license suspension and twelve
separate Business and Professional Code violations for an electrical company where Mr.
McKay is listed as General Partner. Additionally, the bidder failed to disclose a debarment
from the Los Angeles Community Colleges District related to the violation of basic safety rules.
Staff is therefore recommending that we award the bid and contract with the second lowest
bidder for this project.
This project will replace the deteriorating 1600 amp electrical breaker that powers the lighting
panels at the Convention Center. The breaker has deteriorated beyond its useful lifespan and
will no longer make or break the electrical load as designed.
Purchasing Division
S:\Admin\Admin Reports\Furnish and Install Electrical Switchboard, Dg-10-50, April 21, 2010 b.docx
April 12, 2010, 1:37PM
ADMINISTRATIVE REPORT
Bids received, including the unacceptable bid are listed below.
Bidder Amount
McKoy Electric Company $45,700* Bid unacceptable
Los Angeles, CA
Gold Coast Electric, Inc. $46,999
Bakersfield, CA
Delta Electric $47,485
Bakersfield, CA
A-C Electric Company $48,951
Bakersfield, CA
Spring Mountain Industries, Inc. $56,400
Bakersfield, CA
Turnupseed Electric Service, Inc. $60,277
Bakersfield, CA
Nevala-BKD Corp. $96,210
Fontana, CA
Staff finds the bid submitted by Gold Coast Elect(c, Incorporated, Bakersfield, to be
acceptable and recommends award of the contract in the amount of $46,999.
Purchasing Division
S:Wdmin)Admin ReportsTurnish and Install Electrical Switchboard, 09-10-50, April 21, 2010 b.docx
April 12, 2010, 1:37PM
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
SUBJECT:
Nelson K. Smith, Finance Director
April 13, 2010
Accept bid and
exceed amount
(Citywide)
award contract to
of $16,820) for the
DEPARTMENT HEAD
CITY ATTORNEY
i
CITY MANAGER
ThyssenKrupp Elevator Corporation not to
annual contract for elevator maintenance.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to twenty one (21) contractors for the Annual
Contract for Elevator Maintenance. Two (2) bids were received in response to solicitation. The
contract is for quarterly maintenance and monthly fire safety inspections for City elevators at
various locations.
On April 13, 2010, staff received a Letter to Protest on this Bid (No. 09-10-49) from KONE,
incorporated, the second highest bidder (Copy attached). The letter claims the rates for
maintenance and repairs submitted by the low bidder, ThyssenKrupp Elevator Corporation are
untrue. Staff has reviewed the protest letter and their claims. Staff believes there is nothing
wrong with the low bid as submitted and therefore, recommends the award of the contract to
the low bidder, ThyssenKrupp Elevator Corporation for the amount of the bid.
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
ThyssenKrupp Elevator Corporation $16,820
Sacramento, CA
KONE, Incorporated $37,160
Fresno, CA
Staff finds the low bid submitted by ThyssenKrupp Elevator Corporation, to be acceptable and
recommends award of the contract in the amount of $16,820.
Purchasing Division
&NPURCHWDIVINAdmin 09-10WC for Elevator Maintenance, 09-10-49, April 21, 2010.docx
April 14, 2010, 8:22AM
-s'Jy~ II.. i
Fr ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Consent Calendar
ITEM: elp
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: April 12, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
vQ,..
CITY MANAGER ~W
SUBJECT: Consolidated Plan 2015, Analysis of Impediments to Fair Housing Choice 2015, Fiscal Year
2010/11 Action Plan, and Citizen Participation Plan. (All Wards)
RECOMMENDATION:
Staff recommends approval of the Consolidated Plan 2015, Analysis of Impediments to Fair Housing Choice
2015, FY 2010/11 Action Plan, and Citizen Participation Plan and recommends authorization for the City
Manager to execute all necessary documents for submission to the U.S. Department of Housing and Urban
Development (HUD) as required to continue receiving a federal allocation of Community Development Block
Grant Funds annually for the next five fiscal years.
BACKGROUND:
Every five years the City of Bakersfield is required by HUD to develop a new Consolidated Plan (ConPlan),
Analysis of Impediments to Fair Housing Choice 2015, and a Citizen Participation Plan. These plans will
expire on June 30, 2010. To continue receiving more than $5 million of entitlement funds from HUD for
housing and community development projects and programs, these new documents will need to be adopted
and submitted to HUD by May 14, 2010. The FY 2010/11 Action Plan will also be submitted to HUD with
these documents.
The ConPlan is a long-range plan required by HUD that outlines how the City intends to meet identified local
housing and community development (HCD) needs over the next five year period. Main components of the
ConPlan include the following: a housing and community economic development needs assessment; a
housing market analysis; housing and supportive services for homelessness; strategies that reflects general
goals (priorities) and performance outcome measurements for allocating HUD funds; a list of long-term
strategies and goals to address priority needs with specific objectives (including proposed accomplishments);
an annual action plan (one year funding) describing how federal and local resources will be used to address
the needs and objectives identified in the ConPlan, and a Citizen Participation Plan.
Potential applicants for HUD funding, such as non-profit agencies, affordable housing developers, and the
local public housing authority, cannot obtain HUD financing without a consistency certification from the City
that identifies their application requests are consistent with the goals and objectives of the City's ConPlan.
The Citizen Participation Plan contains explanations of how the City will work with organizations in the public,
private, and non-profit sectors to help carry out those strategies
S:Wdmins\City Council\City Council Admins 2010\Conplan 2015 and action plan.docx
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ADMINISTRATIVE REPORT Page 2
As required by HUD in preparing the ConPlan, the City solicited input and comments from residents and
community stakeholders (particularly from the low-income community) for needs such as affordable housing,
creation of jobs, public facilities and services, and adequate infrastructure. Part of this public outreach
included a community opinion survey which allowed residents to express their thoughts about housing,
economic development, infrastructure and public facilities and service needs within their community.
The Analysis of Impediments to Fair Housing Choice identifies impediments to fair and equal housing
opportunities. The analysis provides and overview of the laws, regulations, conditions or other possible
obstacles that may affect access to housing and other services in Bakersfield. Main components of the
analysis include the following: community profile, public polices, fair housing practices, impediments and
actions to implement fair housing.
Action Plan - FY 2010/11
The proposed FY 2010/11 Action Plan was reviewed at the March 3, 2010 Budget and Finance Committee
meeting. The Committee recommended that the Action Plan be referred to the full City Council for approval.
The Action Plan budget for next fiscal year is $5,592,998 and is composed of the following funding sources:
*Community Development Block Grant - $3,649,857 (includes $15,000 of program income)
*HOME Investment Partnership Act - $1,795,784 (includes $100,000 program income)
•Emergency Shelter Grant - $147,357
Community Develooment Block Grant (CDBG): $3.649.857
The CDBG entitlement for Fiscal Year 2010/11 is expected to be $3,634,857 which is an 8.3% increase over
our current year entitlement. Staff is also proposing the appropriation of $15,000 in CDBG Program Income.
Of the total entitlement funds and program income appropriated for CDBG eligible activities, $1,855,372 is
budgeted for public services (including the Downtown Police Patrol, graffiti removal in eligible areas, and
services at the Bakersfield Senior Center), administration, and the principal and interest payment for the
Section 108 loan. The balance is proposed to be appropriated for various Capital Improvement Projects as
described below:
• Street Reconstruction Projects - Wards 1 & 2 $1,000,000
• Park Improvements - Wards 1, 2, and 7 $163,084
• Alley Refurbishment (between "G," "H,"
18th and 19th streets) - Ward 2 $431,401
• Bakersfield Municipal Airport Landscaping - Ward 1 $200,000
HOME Investment PartnershlQ Program (HOME): $1.795.784
The HOME entitlement for fiscal year 2010/11 is anticipated to be $1,695,784, a slight 0.5% decrease over
our current year entitlement. Staff is also proposing the appropriation of $100,000 in HOME program income.
Of the total entitlement funds and program income appropriated for HOME activities, $759,666 is budgeted
for new construction for the Baker Street Senior Housing project, $600,000 for Housing Urban Bakersfield -
Down payment Assistance Program, and $180,447 for HOME Administration. Additionally, in compliance
with HUD regulations within the HOME program, a minimum of 15% of the entitlements set-aside for Certified
Housing Development Organizations or CHDO's; that amount for the upcoming fiscal year is proposed to be
$255,671.
Emergencv Shelter Grant (ESGL$147.357
The City anticipates an allocation of $147,357 for FY 2010/11, of which staff proposes to assist the
Bakersfield Homeless Center ($62,000), Bakersfield Rescue Mission ($62,000), and Alliance Against Family
Violence and Sexual Assault ($16,024), with the remainder for administration.
Summary
SAAdmins\City Council\City Council Admins 2010\Conplan 2015 and action plan.docx
4/12/20102:08 PM
ADMINISTRATIVE REPORT
Page 3
On March 8, 2010, a public notice was published, notifying the public of the 30-day review and comment
period for the Consolidated Plan 2015 and the FY 2010/11 Action Plan. One written comment was received.
The ConPlan, Analysis of Impediments to Fair Housing Choice, FY 10/11 Action Plan and Citizen
Participation Plan must be submitted to HUD by May 14, 2010. HUD will then have up to 45 days to review
the plan for compliance with federal regulations. Funds for next fiscal year are expected to be released
subsequent to July 1, 2010, after a HUD grant agreement for the three entitlement programs has been
executed between the City and HUD.
S:Wdmins\City Council\City Council Admins 2010\Conplan 2015 and action plan.docx
4/12/20102:08 PM
A
° ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Closed Session
ITEM: 0(,a , .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD va
DATE: March 18, 2010 CITY ATTORNEY
CITY MANAGER l~
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Marc Hailing v. City of Bakersfield
KCSC Case No. S-1500-CV-266789-DRL
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\4-21-10ExistLit.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Closed Session
ITEM: q. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V(G,
DATE: April 8, 2010 CITY ATTORNEY (i
CITY MANAGER &
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\4-21-lOLaborNeg.doc
MEETING DATE: April 21, 2010 AGENDA SECTION: Hearings
ITEM: (I . U .
TO: Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
DATE
SUBJECT:
April 5, 2010
CITY MANAGER
APPROVED
Resolution ordering 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, Consulting
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.
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.
April 5, 2009, 11:06:52 AM
S:\Street Vacations\Newquist-North Gate T6463\Admin Report - Final Hearing.doc
ADMINISTRATIVE REPORT
Resolution of Intention No. 1660 declaring intention to order said proposed abandonment was
adopted by City Council at the regular meeting of March 24, 2010.
Notice of this public hearing has been duly advertised and posted as required by law.
April 5, 2009, 11:06:52 AM
S:\Street Vacations\Newqulst-North Gate T6463\Admin Report - Final Hearing.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: April 21, 2010 AGENDA SECTION: Hearings
ITEM: 11.b.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 16, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Underground Utility District (Ward 6)
APPROVED
i` Public hearing to consider Amendment No. 2 to Resolution No. 133-07 establishing
Underground Utility District No. 2, Division 31 (Sports Village)
2. Amendment to Resolution No. 133-07 establishing Underground Utility District No.
2, Division 31 (Sports Village).
RECOMMENDATION: Staff recommends overriding protests and approving amendment.
BACKGROUND: The City Council approved Resolution of Intention No. 1658 on April 7,2010, which set
the public hearing for April 21,2010 for the amendment. The hearing has been duly advertised and the
property owners notified as required by law.
This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A
regulations regarding underground utility districts. It extends the completion date to July 31, 2011. All
overhead lines in the modified boundaries of the district consisting one parcel on Gosford Road and
another on Ashe Road, locating north of Taft Highway and are approximately 1710' and 3090' in length,
respectively, shall be removed and relocated underground. The modified 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 17, 2010, 2:04PM
G:\GROUPDAT\ADMINRPT\2010\04-21 \2-31 Est_amnd-2.docx
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: April 21, 2010 AGENDA SECTION: Hearings
ITEM: C,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 23, 2010
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Hearing to consider a resolution establishing industrial and commercial sewer service user
surcharges for Fiscal Year 2010-11 (Wards 1-7).
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A surcharge is used to account for waste flow and strength over the established
minimum limits. This method allows for a more equitable manner to allocate the fees when there is a
wide distribution in the actual flow and strength of the waste of the different individual industrial and
commercial users. Sewer user charges and fees are adopted annually pursuant to Section 14.12.380 of
the Bakersfield Municipal Code to cover the cost of operation and maintenance for the sewer treatment
plants and for the existing sewer collection system. Commercial and industrial users represent
manufacturing and most business entities. An annual flat rate sewer fee (reviewed annually) is collected
with property taxes by the Kern County Tax Collector pursuant to the Bakersfield Municipal Code. In
addition, a monthly surcharge is assessed if flow and sewer strength for commercial/industrial sewer
users exceed the baseline amount. The adjustments to the surcharge schedule are calculated based on
annual operating costs, capital improvement costs related to sewer/storm water collection systems and
wastewater treatment plants, and daily design capacity of the system. City staff is recommending a
change in the surcharge rates for Fiscal Year 2010-11 according to the following schedule.
Surcharae Schedule - Commercial and Industrial
This schedule shall apply to the commercial and industrial users with flow, biochemical oxygen
demand (BOD), and total suspended solids (TSS) greater than the flat rate limits. The surcharge for
the excesses shall be as follows:
Flow
Biochemical Oxygen Demand (BOD)
Total Suspended Solids (TSS)
$1,465.84/million gallons (3.5% increase)
$102.35/1000 pound (13.9% decrease)
$112.22/1000 pound (17.2% increase)
The unit costs shown above include both treatment costs and debt service costs. Debt service cost is
divided by remaining treatment capacity and remaining treatment capacity has increased due to the Plant
3 expansion project. As a result of this, the cost for BOD has actually decreased. The actual effect of
these three unit cost changes is shown in the table below.
G:\GROUPDATWDMINRPT\2010\04-21 Wdmin Rpt 2010 Industrial Commercial Users.doc
ADMINISTRATIVE REPORT
Page 2
Three examples below illustrate the impact on industrial and commercial users.
TYPE OF INDUSTRY I FISCAL YEAR 09-10 CHARGE I FISCAL YEAR 10-11 CHARGE
TYPICAL BANK 1 $56.70 per month 1 $58.44 per month (3.1 % increase)
RESTAURANT 1 $70.17 per month $69.39 per month (1.1% decrease)
VERY LARGE INDUSTRIAL $6,116.37 per month $6,207.77 per month (1.5% increase)
USER
Industrial and commercial surcharges are based upon state standards or actual sampling data. Staff
computes flow, BOD, and TSS usage separately and then applies the appropriate rate for their usage.
The average increase for industrial and commercial surcharge accounts is 2.2%.
The March 19, 2010 General Information Packet included a memorandum from the Public Works Director
regarding the FY 2010/11 sewer user rates for residential customers. In this memo, staff recommends
adjusting the annual residential user rate for a single family dwelling from $195 to $200. This translates to
a 2.6% increase or a monthly increase of $0.42. The residential sewer user fee is subject to Proposition
218 noticing requirements. Property owners will receive these notices in early April 2010. The hearing for
this proposed increase is scheduled for the June 9, 2010 City Council meeting.
G:\GROUPDAT\ADMINRPT\2010\04-21\Admin Rpt 2010 Industrial Commercial Users.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 7, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson (seated at 5:37 p.m.),
Sullivan
Absent: None.
2. INVOCATION by Reverend Nancy McMaster, Valley
Christian Church.
3. PLEDGE OF ALLEGIANCE by Taris Williamson, 1 S' grade
student at Olive Drive Elementary School.
Mayor Hall recognized Boy Scout Troops 16 and 44 in
attendance at the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement
plaque and gift certificate to James Scrivano.
Mr. Scrivano accepted the plaque and
certificate; and made comments.
b. Presentation by Mayor Hall of a Proclamation to
Linda Vernon, CEO, Bakersfield Association of
Realtors, declaring April 2010, Fair Housing
Month.
A representative from the Bakersfield
Association of Realtors accepted the
Proclamation on behalf of Ms. Vernon and
made comments.
ACTION TAKEN
Bakersfield, California, April 7, 2010 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. Kelly Bishop, Chair of Keep Bakersfield Beautiful,
spoke regarding the upcoming Great
American Cleanup on Saturday, April 17th;
thanked Mayor Hall and the Solid Waste
Department for helping organize the event;
and encouraged everyone to participate.
b. Jeremy Wright, with Kern County Gang
Mitigation Operation Change, spoke regarding
gang violence.
C. Zac Griffin, Community Liaison for Bike
Bakersfield and Cycling Club Director, spoke
regarding the benefits of cycling, requested a
proclamation for Bike Month, and submitted
written material.
d. Jeremy Tobias, Executive Director of
Community Action Partnership of Kern,
introduced Tracey LaMonica, Resource
Development Coordinator of Community
Action Partnership of Kern, who spoke
regarding the 9th Annual Humanitarian Banquet
Award on Friday, May 14th, and invited the
Mayor and Council to attend.
e. Robert Baltodano, Assistant Manager of
K-WAVE Radio, spoke regarding a new radio
station and submitted written material.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 24, 2010
Regular City Council Meeting.
Bakersfield, California, April 7, 2010 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Payments:
b. Approval of department payments from ABS WEIR
March 12, 2010 to March 25, 2010 in the
amount of $17,284,768.12 and self-insurance
payments from March 12, 2010 to March 25,
2010 in the amount of $215,320.48.
Ordinances:
C. Adoption of the following Ordinances:
Amending Chapter 16.28 (Design ORD4616
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 ORD 4617
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.
d. First Reading of Ordinance amending Municipal FR
Code § 1. 12.040 and § 1. 12.050 by adding
Annexation No. 607 consisting of 1.04 acres
located along the west side of Allen Road,
north of Rosedale Highway to Ward 4 and
Annexation No. 549 consisting of 39.90 acres
located on the northeast corner of Old River
Road and McCutchen Road to Ward 5.
Resolutions:
e. Purchase of Motorola Radio Equipment:
Resolution determining that Motorola RES 039-10
radio equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefore, not to
exceed $162,500.
Bakersfield, California, April 7, 2010 - Page 4
8.
CONSENT CALENDAR continued
Item 8.e. continued
ACTION TAKEN
2. Accept Federal grant ($162,500 - FY 2009
Assistance to Firefighters) for the
purchase of radio equipment.
3. Approve the purchase of 52
replacement portable radios and
related equipment from Motorola
Communications, Inc. not to exceed
$162,500.
4. Appropriate $130,000 Federal Grant
Revenue to the MMRS Fund and $32,500
Equipment Management Fund Balance
to the Public Works Department
Operating Budget to fund local match
of purchase of radios.
Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 601 consisting of 19.72
acres located at the southeast corner
of Allen Road and Hageman Road, east
of the A.T. & S.F. Railroad tracks.
2. Annexation No. 606 consisting of 5.7
acres located on the south side of
McKee Road, between Ellashosh Street
and State Route 99.
3. Annexation No. 613 consisting of 6.36
acres located south of McKee Road,
along the west side of State Route 99.
g. Resolution approving application for grant
funds for the Sustainable Communities Planning
Grant and Incentives Program.
h. Resolution in support of the general aviation
industry and opposing legislation and policies
that impede general aviation.
i. Resolution of Intention No. 1658 calling a public
hearing to amend Resolution No. 133-07
modifying the completion date of Underground
Utility District No. 2, Division 31 (Sports Village).
RES 040-10
RES 041-10
RES 042-10
RES 043-10
RES 044-10
ROl 1658
Bakersfield, California, April 7, 2010 - Page 5
8.
CONSENT CALENDAR continued
ACTION TAKEN
Resolutions of Intention (ROI) to add territory to
the Consolidated Maintenance District and
preliminarily adopting, confirming and
approving the Public Works Director's Reports:
ROI No. 1661 to add territory, Area 3-81
(2800 Panama Lane).
2. ROI No. 1662 to add territory, Area 2-43
(3220 Ming Avenue).
Agreements:
Settlement Agreement with Travelers Casualty
and Surety Company of America for Dunmore
Diamond Ridge Tract 6332 located between
Ashe Road and Stine Road, south of
McCutchen Road.
Agreement with Brown Armstrong Paulden
McCown Starbuck Thornburgh & Keeter
($59,910) for a full scope annual audit of the
2009-10 fiscal year.
M. Auburn Street Realignment Project:
Amendment No. 1 to Agreement
No. 09-004 with Canyon Hills Assembly of
God Church (reimbursement not to
exceed $40,789) for the property
associated with the project.
2. Amendment No. 1 to Agreement
No. 09-005 with Canyon Hills Assembly of
God Church (time extension only) for the
installation of landscape and irrigation
system in the medians of the project.
3. Amendment No. 1 to Agreement
No. 09-006 with Canyon Hills Assembly of
God Church (increase landscape area
only) to include an additional area of
landscape and irrigation north of the
project to be maintained by Canyon
Hills.
n. Amendment No. 1 to Agreement No. 07-223
with Psomas ($308,470.90; revised not to
exceed $1,609,478.90) for SR-178 and Morning
Drive Interchange Project engineering design
services. (TRIP)
ROI 1661
ROI 1662
AGR 10-042
AGR 10-043
AGR 09-004(1)
AGR 09-005(1)
AGR 09-006(1)
AGR 07-223(1)
Bakersfield, California, April 7, 2010 - Page 6
8.
CONSENT CALENDAR continued
ACTION TAKEN
Bids:
o. Reject bids for cold planing annual contract.
P. Accept bid and award contract to Granite
Construction ($1,478,336) for the Pavement
Rehabilitation 2009 Phase 5 - Coffee Road from
Friant Kern Canal to Riverlakes Drive/Meant'
Avenue; Coffee Road from Olive Drive to Norris
Road (Northbound only) Project.
Miscellaneous:
q. Metropolitan Medical Response System (MMRS)
FY 2009 Grant:
1. Accept Federal Grant ($321,221) FY 2009
MMRS Grant.
2. Appropriate $32,212 Federal Grant
Revenue to the Fire Department
Operating Budget within the MMRS Fund.
Rosedale Highway Widening Design Phase
(TRIP):
Appropriate $1,327,950 Federal Grant
Revenue (Safetea-Lu NCIIP) to the
Public Works Capital Improvement
Budget within the TRIP Special Revenue
Fund.
2. Appropriate $2,612,348 Federal Grant
Revenue (IS-TEA) to the Public Works
Capital Improvement Budget within the
TRIP Special Revenue Fund.
3. Appropriate $825,050 Traffic
Development Fund balance for local
match to the TRIP project.
Appropriate $9,500 State Grant Revenues
(FY 2009-10 Minor Decoy and Shoulder Tap
Mini Grant Program for the State Office of
Alcoholic Beverage Control) to the General
Fund Police Operating Budget to fund overtime
for the BPD Vice Division to conduct minor
decoy and shoulder tap operations.
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, April 7, 2010 - Page 7
8.
9.
CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Councilmember Carson requested item 8.p. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.s., with the removal of
item 8.p. for separate consideration.
P. Accept bid and award contract to Granite AGR 10-044
Construction ($1,478,336) for the Pavement
Rehabilitation 2009 Phase 5 - Coffee Road from
Friant Kern Canal to Riverlakes Drive/Meany
Avenue; Coffee Road from Olive Drive to Norris
Road (Northbound only) Project.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.p.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Subdivision (a) of Government Code Section
54956.9 for the following cases:
1. Marc Halling v. City - KCSC Case
No. S-1500-CV-266789-DRL.
2. Home Builders Association v. City - KCSC
Case No. S-1500-CV-267954 LHB.
3. Bakersfield Police Officers Association v.
City - KCSC Case No. S-1500-CV-267165
N FT.
b. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:47 p.m.
Motion by Councilmember Hanson to adjourn from APPROVED
Closed Session at 7.15 p.m.
RECONVENED MEETING AT 7:22 p.m.
Bakersfield, California, April 7, 2010 - Page 8
10.
CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Subdivision (a) of Government Code Section
54956.9 for the following cases:
1. Marc Hailing v. City - KCSC Case CITY ATTORNEY
No. S-1500-CV-266789-DRL. GIVEN DIRECTION
2. Home Builders Association v. City - KCSC NO REPORTABLE
Case No. S-1500-CV-267954 LHB. ACTION
3. Bakersfield Police Officers Association v. NO REPORTABLE
City - KCSC Case No. S-1500-CV-267165 ACTION
N FT.
11.
b. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
CONSENT CALENDAR PUBLIC HEARINGS
None.
12. HEARINGS
a. Public Hearing to consider Resolution ordering RES 045-10
the vacation of a portion of a 10' wide Public
Utilities Easement containing 930 square feet
located at 2935 Oswell Street. (Staff
recommends adoption of resolution.)
Public Works Director Rojas made staff comments.
Hearing opened at 7:24 p.m.
No one spoke.
Hearing closed at 7:25 p.m.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Resolution.
b. Impasse Hearing for Police Labor Negotiations
pursuant to Municipal Code Section 2.76.130.
(Staff recommends Council remove and reject
all labor negotiating offers and demands
between the City and Bakersfield Police
Bargaining Units.)
Mayor Hall announced that this is not a Public Hearing,
so there will be no opportunity for public comments.
Hearing opened at 7:26 p.m.
Bakersfield, California, April 7, 2010 - Page 9
12. HEARINGS continued ACTION TAKEN
Item 12.b. continued
City Attorney Gennaro provided background
regarding the legal proceedings.
City Manager Tandy provided financial background.
Management Assistant Kirkwood made a PowerPoint
presentation.
City Negotiator Bill Avery summarized the labor
negotiations.
Alison Berry Wilkinson, legal counsel for the Bakersfield
Police Officers Association, provided background,
submitted written material, and made a PowerPoint
presentation; and recommended adoption of a last,
best, final offer; not remove them.
City Attorney Gennaro stated she would like the
record to indicate that during the hearing on this
matter there was nothing presented by the BPOA to
the Court on the issue of whether or not the City had
to choose one or the other last, best and final offer,
and that it is unlawful to enter into a contract if the
terms cannot be fulfilled.
City Negotiator Avery responded to negotiations
data.
City Manager Tandy urged the Council to look at the
big picture and consider the dire economic situation.
Alison Berry Wilkinson responded to the comments
made by City Attorney Gennaro, City Negotiator
Avery and City Manager Tandy; and recommended
not removing the last, best and final offer, but to
choose between the two offers.
Hearing closed at 8:48 p.m.
Vice-Mayor Scrivner stated he hopes both parties can APPROVED
return to the bargaining table as soon as possible and NOES CARSON
made a motion to approve staff's recommendation to
remove and reject all labor negotiating offers and
demands between the City and the Bakersfield Police
Bargaining Unit.
Councilmember Benham made comments supporting
the motion.
Bakersfield, California, April 7, 2010 - Page 10
12. HEARINGS continued ACTION TAKEN
Item 12.b. continued
In response to a question by Councilmember Carson,
City Attorney Gennaro stated that her position is that
the Council does not need to choose between the
City's last, best and final and the BPOA's last, best and
final; that it is within the Council's discretion to
remove and reject both; and that the City would
continue to bargain in good faith.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
None.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:54 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield