HomeMy WebLinkAbout05/05/10_CC_AGENDA_PACKET
o BAKERSFIELD CITY COUNCIL
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AGENDA
MEETING OF MAY 5, 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 President Rajanzed, Universal Society of Hinduism.
3. PLEDGE OF ALLEGIANCE by Casey Garcia, 3rd grade student at Our Lady of Perpetual Help.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
6. WORKSHOPS
(10 min) a. Presentation by Bakersfield Sports Foundation regarding the 2010 Amgen Tour of
California Cycling Race.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 21, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from April 9, 2010 to April 22, 2010 in the
amount of $10,575,695.08 and self-insurance payments from April 9, 2010 to April 22,
2010 in the amount of $247,523.40.
Ordinances:
(Ward 4) c. First Reading of Ordinance amending Municipal Code Section 1. 12.040 by adding
Annexation No. 611 consisting of 6.72 acres located on the north side of Rosedale
Highway, east of Jenkins Road and Annexation No. 614 consisting of 34.64 acres
located at the northeast corner of Jenkins Road and Rosedale Highway to Ward 4.
Resolutions:
Agreements:
(Ward 3) d. Final Tract Map and Improvement Agreement with Pulte Home Corp. for Tract 6149
Phase 9 located on Highway 178, west of Miramonte Drive.
L'
(Ward 1) e. Agreement with Bakersfield Senior Center ($80,255.93 CDBG funds) to rehabilitate
kitchen and dining areas at 530 41h Street.
f. Agreement with State of California Department of Public Health and U. S.
Department of Housing and Urban Development ($635,917) for Housing
Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA).
8. CONSENT CALENDAR continued
g. Agreement with Clifford & Brown ($225,000 annually for FY 2010/11, 2011 /12 &
2012/13 and $240,000 annually for FY 2013/14 & 2014/15) for legal services.
(Ward 2) h. Agreement with Jeff Wanamaker, the Estate of Robert Wanamaker and the Bloemer
Estate, LP ($1,313,050.15) to purchase the remaining interests in real property located
on the west side of Mohawk Street south of Rosedale Highway for the Westside
Parkway. (TRIP)
(Ward 1,6) i. Amendment No. 1 to Agreement No. PW08-210 with Crider Construction, Inc.
($40,000; revised not to exceed $80,000) for welding, fabrication and general
construction work at Wastewater Treatment Plant Nos. 2 & 3.
j. Amendment No. 1 to Agreement No. 09-052 with Kern Turf Supply, Inc. (extending
term for 1 year only) for irrigation parts and supplies.
(Ward 1,6) k. Amendment No. 1 to Agreement No. 08-057 with Geocon Inland Empire, Inc.
($10,000; revised not to exceed $55,500 and extend term for 5 months) for additional
groundwater sampling and reporting services to comply with Wastewater Treatment
Plant Discharge Permits.
(Ward 6) I. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Amendment No. 3 to Agreement No. 06-388 with Jacobs Project
Management Co., formerly known as Jacobs Civil, Inc., ($200,000; revised not
to exceed $7,900,000) for additional construction management services for
the project.
2. Transfer $200,000 contingency established for the project to the Public Works
Department Capital Improvement Budget.
(Ward 3) M. Contract Change Order No. 58 to Agreement No. 07-304 with Security Paving
Co. ($537,627.80; revised not to exceed $32,501,028.36) for the State Route 178 and
Fairfax Road Interchange Project. (TRIP)
Bids:
(Ward 6) n. Construction of One Mega-Watt Solar Energy Facility at Wastewater Treatment Plant
No. 3 Project (ARRA):
1. Accept bid and award contract to Systems 3, Inc. ($5,359,018) for design,
engineering and construction of the project.
2. Appropriate $2,661,000 estimated P.G.&E. Rebate to the Public Works
Department Capital Improvement Budget within the Sewer Enterprise Fund
(WWTP No. 3) for project.
o. Accept bid and award annual contract to Gilliam and Sons, Inc. (not to exceed
$385,452) for earthmoving and hauling.
P. Accept bid and award annual contract to Badger Meter, Inc. (not to exceed
$588,226.28) for water meters,
q. Accept bid and award annual contract to Sesa, Inc. dba Signco (not to exceed
$64,758.88) for traffic signs.
2 City Council Meeting of 5/05/2010
8. CONSENT CALENDAR continued
(Ward 2) r, HVAC Upgrade at Police Department Communication Center;
1, Accept bid and award contract to Cole's Mechanical Systems, Inc. ($55,760)
for the project,
2. Approve transfer of $15,000 savings from Capital Project (HVAC - Building A
and Convention Center) to the Public Works Department Capital
Improvement Budget within the Capital Outlay Fund for the project,
Miscellaneous:
(Ward 5) S. Final Tract Map with Castle & Cooke California, Inc, for Tract 7166 Units 2 & 3 located
south of Ming Avenue and west of Gosford Road.
(Ward 2,3,4) t. Appropriate $64,000 Federal ARRA funds to the Public Works Department Capital
Improvement Budget within the ARRA Federal Stimulus Fund 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.
Staff recommends adoption of Consent Calendar items 8. a, through 8. t,
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for Bakersfield Firefighters
Association; Moore v, City - KCSC Case No. S-1500-CV-268544 NFT,
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 1) a. Public Hearing to consider Resolution authorizing the Bakersfield Redevelopment
Agency to sell real property located at the corner of E. California Avenue and S.
Robinson Street (portion of Parcel No. 018-040-02) for $1.00 to Clinica Sierra Vista for
the development of an approximately 3,863 sq. ff. dental clinic, (Staff recommends
adoption of resolution.)
(Ward 5) b, General Plan Amendment/Zone Change No, 10-0008; McIntosh & Associates,
representing JEC Panama, LLC and MPW Properties, LLC (property owners) has
applied for a general plan amendment and zone change on 12,16 acres generally
located on the southeast corner of Pacheco and Gosford Road. (Staff recommends
adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from GC (General
Commercial) to HMR (High Medium Density Residential) on 11,4 acres and
from LR to HMR on .76 acres.
2, First Reading of Ordinance approving the Negative Declaration, amending
Title 17 of the Municipal Code (Zone Map No. 123-21) changing the zoning
from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family
Dwelling) on 11.4 acres and from R-1 (One Family Dwelling) to R-2 on .76
acres,
3 City Council Meeting of 5/05/2010
11. CONSENT CALENDAR PUBLIC HEARINGS continued
(Ward 4)" c. General Plan Amendment/Zone Change No. 09-0263 (Stockdale Ranch); McIntosh &
Associates, representing Castle & Cooke CA, Inc. and Bolthouse Properties (property
owners) has applied for amendments to the General Plan, Circulation Element and
Western Rosedale Trails Plan and zone change on approximately 564± acres located
south of Stockdale Hwy, north of Cross Valley Canal, west of City limits at Claudia
Autumn Dr. and east of the future extension of Nord Ave. (Staff recommends adoption
of resolutions and give first reading to ordinance.)
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for GPA/ZC No. 09-0263.
2. Resolution adopting the general plan amendment changing the land use
designations from ER (Estate Residential), UER (Urban Estate Residential), GC
(General Commercial) and SR (Suburban Residential to LR (Low Density
Residential), HR (High Density Residential), LMR (Low Medium Residential), HMR
(High Medium Density Residential), GC (General Commercial), OC (Office
Commercial), OS-P (Parks and Recreation Facilities) and R-MP (Mineral
Petroleum and Minimum 5-acre Parcel/Drill Site), changing the Circulation
Element and the Western Rosedale Trails Plan.
3. First Reading of Ordinance amending Title 17 of the Municipal Code and
Zoning Maps by changing the zoning from A (Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family Dwelling),
C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-O/PCD
(Administrative and Professional Office/Planned Commercial Development,
OS (Open Space) and DI (Drilling Island).
12. HEARINGS
(Ward 3) a. Public Hearing to consider Resolution denying the appeal by Fred Porter and Harold
Robertson, and upholding the Board of Zoning Adjustment decision approving
Conditional Use Permit No. 09-0767 to operate a 3,177 square foot bar in a C-1
(Neighborhood Commercial) located at 4715 Coffee Road. (Applicant/Owner:
Brian Myrick/Javaher Investors, LLC)
Staff recommends adoption of resolution.
13. REPORTS
a. Presentation of the Proposed FY 2010-11 Budget. (Alan Tandy, City Manager and Rick
Kirkwood, Management Assistant)
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
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ef-ft- Alan Tandy
City Manager
4/29/10 12:20pm
4 City Council Meeting of 5/05/2010
AGENDA HIGHLIGHTS
May 5, 2010 COUNCIL MEETING
REGULAR MEETING - 5.15 m
WORKSHOPS
Jay Rosenlieb, representing the Bakersfield Sports Foundation, will provide a
presentation on the 2010 Amgen Tour of California Cycling Race.
CONSENT CALENDAR
Resolutions
Item 8g. Agreement for Outside Legal Services for General Tort Liability Cases Since
2004, the City Attorney's Office has outsourced general tort liability cases to Clifford &
Brown, resulting in general fund savings for total liability claims and lawsuits and a
decrease in the number of frivolous claims filed against the City. The new proposed
contract has a five year term through June 30, 2015. The base rate for FY 2011 /11,
through FY 2012/13 will be $225,000. The only change is that the new hourly rate for
cases handled outside the 30 case per year cap will be $185.00 per hour, beginning
July 1, 2012, and the base rate will increase to $240,000 beginning July 1, 2013. Per the
contract terms, a senior partner will supervise each case, the City will not be billed for
Internal costs, and the contract can be terminated.
Item 81. Wastewater Treatment Plant # 3 - 2007 Expansion Project Wlth approximately 2
months of construction left, the upgrade and expansion project at WWTP # 3 Is nearing
completion. The Construction Phase portion of the budget Is 96% depleted, mostly due
to the extensive material testing required for a project of this size and complexity. This
item requests approval of Amendment No. 3 to Agreement No. 06-388 with Jacobs
Project Management Company (formerly Jacobs Civil Incorporated) for an increase of
$200,000, not to exceed $7,900,000, for additional construction management services.
Approval is also requested to transfer $200,000 from the contingency established for the
WWTP#3 expansion project to the Public Works Capital Improvement Budget.
Item 8m. Contract Chanae Order with Security Paving Company for the SR 178/Fairfax
Road Interchanae Protect (TRIP). As a result of new development that occurred after
this project was bid, it became necessary to install temporary shoring for some portions
of the retaining wall built on the north side of SR-178. The project was bid based on
plans that included only sloping back, and not Installing shoring. However, this change
was needed to avoid damage to the new development. Security Paving Company
(SPC) and staff have reviewed the issue and recommend that the City be responsible
for the additional expense, due to the changed conditions that were not anticipated
when SPC bid the project. This item requests approval of Change Order # 58 to
Agreement No. 07-304 with SPC in the amount of $537,627.80. In addition, there Is
approximately $500,000 In outstanding change orders for which staff Is awaiting
supporting documentation from SPC In order to bring forward.
1
Bills
Item &n. Construction of a Solar Energy Facility at Wastewater Treatment Plant #3. The
upgrade and expansion of WWTP# 3 (referenced above In Item 81.) also Includes
construction of an energy producing cogeneration facility to reduce electricity costs.
However, it will not generate enough digester gas to offset all of Plant 3's electrical
demand so, in addition, a one mega-watt solar photovoltaic renewal energy system
will also be constructed. The majority of the project costs will be funded with Federal
ARRA funds In the amount of $3,040,700, and PG&E rebates in the approximate amount
of $2,661,000 (to be paid over a 5 year period). Any remaining costs will be funded with
Sewer Enterprise funds. Based on PG&E estimates, the WWTP# 3 solar facility Is projected
to yield annual electricity cost savings ranging from $219,000 to $242,000. Five
acceptable bids for the design, engineering, and construction of the solar project were
received. Staff recommends award of the contract to Systems 3 Inc. In the amount of
$5,359,018.00. The Council is also requested to approve the appropriation of $2,661,000
to the Public Work Department's Capital Improvement Budget within the Sewer
Enterprise Fund to advance that portion of the funding to be reimbursed by the PG&E
rebates over a five year period.
CLOSED SESSION
There will be a conference with Legal Counsel regarding one (1) matter of existing
litigation.
CONSENT CALENDAR PUBLIC HEARINGS
There will be Public Hearing on the Consent Calendar to authorize the Bakersfield
Redevelopment Agency to sell the property at East California and South Robinson to
Clinica Sierra Vista to develop as a dental clinic. Clinica Sierra Vista was awarded
ARRA funding for the project, and as a requirement, they have to demonstrate
reasonable site control prior to the start of construction. The City will convey the site to
Clinica Sierra Vista for $125,000, with $1.00 in cash payment and the balance in a
performance promissory note, and the payments to be credited annually for the next
15 years. The City will also install $54,000 In street Improvements, to be funded through
Southeast Tax Increment funds.
There are two General Plan Amendment/Zone Changes. The first Item requests a
GPA/Zone Change on 564 acres, located south of Stockdale Highway, north of the
Cross Valley Canal, west of the City limits at Claudia Autumn Drive, and east of the
future extension of Nord Avenue. This project would allow for residential, general
commercial and business park uses and reserves an open space - parks area. It also
Involves the relocation of collector and local roadways, and a multi-use trail alignment
to parallel the south side of Claudia Autumn Drive. The requested modifications were
recommended for approval by the Planning Commission. The Sierra Club opposed the
request (their comments have been Included in the record). The applicant has agreed
to all the conditions and mitigation for the project. Upon annexation, this project would
be located In Ward 4.
Agenda Highlights - May 5, 2010 Council Meeting
Page 2
The second item is a GPA/Zone change request on 12 acres generally located on the
southeast corner of Pacheco Road and Gosford Road in Ward 5. This project would
consist of the development of low rise apartment (2 to 3 floors), and approximately 211
dwelling units. Urban development has built up around the project vicinity, with single
family housing to the south and east, and commercial to the north and west. The
Planning Commission has recommended approval of the project, and there was no
opposition at the Planning Commission hearing.
HEARINGS
There will be one public hearing for the City Council to consider denying an appeal
and upholding the Board of Zoning Adjustment's decision approving a conditional use
permit to operate a 3,177 square foot bar In a C-1 (Neighborhood Commercial) area at
4715 Coffee Road. In response to Input from owners and tenants of surrounding
properties, the BZA's approval prohibits outdoor seating and restricted hours of
operation, as well as several other requirements.
REPORTS
The City Manager's Office will present a detailed overview of the FY 2010-11 Proposed
Budget, Including the Operating, Capital Improvement and RDA budgets.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 5, 2010 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
qL/ 0
MEETING DATE: May 7, 2010 AGENDA SECTION: Workshops
ITEM: (p, a,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: April 26, 2010 CITY ATTORNEY J
CITY MANAGER
SUBJECT: Bakersfield Sports Foundation Presentation regarding the 2010 Amgen Tour of
California Cycling Race
RECOMMENDATION:
BACKGROUND: Jay Rosenlieb, representing the Bakersfield Sports Foundation, has requested an
opportunity to address the City Council regarding the 2010 Amgen Tour of California. It is the
largest cycling event in America and will take place from May 16th through May 23rd. Bakersfield
was selected as one of the tour stops, with a stage finish on Thursday, May 20, 2010.
More information regarding the 2010 Amgen Tour, including the Bakersfield stage finish, is
available at: www.am-entourofcalifornia.com.
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April 26, 2010, 10:39AM
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MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD L
DATE: April 23, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Approval of Minutes of the April 21, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM: g. to,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD .4/5
DATE: April 22, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from April 9, 2010 to April 22, 2010 in
the amount of $10,575,695.08 and Self Insurance payments from April 9, 2010
to April 22, 2010 in the amount of $247,523.40.
RECOMMENDATION:
Staff recommends approval of payments totaling $10,823,218.48
BACKGROUND:
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April 22, 2010, 12:53PM
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MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM: e
, C .
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD + LIY4
Y
DATE: April 15, 2010 CITY ATTORNEY
CITY MANAGER s
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section
§ 1. 12,040 by adding Annexation No. 611 consisting of 6.72 acres, located on the
north side of Rosedale Highway, east of Jenkins Road and Annexation No. 614
consisting of 34.64 acres, located at the northeast corner of Jenkins Road and
Rosedale Highway to Ward 4. (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 611 and 614 into the
corresponding Council ward. These annexations were recently approved by LAFCO,
Annexation No. 611 is located along on the north side of Rosedale Highway, east of Jenkins
Road. The annexation territory consists of undeveloped land. The property owner proposes an
office commercial development on the 6.72 acre site. The property owner requested
annexation for development purposes and to receive city services. This area will be included
into Ward 4.
Annexation No. 614 is located at the northeast corner of Jenkins Road and Rosedale Highway.
The annexation territory is undeveloped and adjacent to Annexation No. 611. The property
owner proposes retail and office commercial development on the 34.64 acre site. The
property owner requested annexation for development purposes and to receive city services.
This area will be Included Into Ward 4.
DL:\\S:\Annexation\Ordinances\2010\Admin Draff5-5-10611 &614.DOC
ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD d
DATE: April 20, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Approval of Tract Map and Improvement Agreement
1. Final Map and Improvement Agreement with Pulte Home Corporation, for Tract 6149
Phase 9 located on Highway 178, West of Miramonte Drive. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and
landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
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April 20, 2010, 3:57PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM: ,e.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: April 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Bakersfield Senior Center for $80,255.93 of Community Development
Block Grant funds to rehabilitate kitchen and dining areas at 530 4th Street. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council amended the 2009-10 City of Bakersfield Action Plan last year, which allocated $100,000
in Community Development Block Grant funds for the Bakersfield Senior Center (BSC) to rehabilitate a
deteriorated kitchen and dining areas of the facility. A portion of the funding, $19,744.07 was designated
for kitchen equipment purchase under a separate agreement to take advantage of lower costs allowed by
the vendor. This agreement in the amount of $80,255.93 is for the remaining rehabilitation costs
associated with the kitchen remodel project. The BSC, a 501 (c)(3) nonprofit corporation located at 530 4th
Street, provides a variety of recreational, social, educational, and vocational training activities primarily for
low income senior citizens of the Greater Bakersfield Area.
The rehabilitation work will generally be removal of deteriorated flooring, kitchen equipment, ceiling, and
installation of new flooring, kitchen equipment, and ceiling tiles. In addition, other components of the
rehabilitation include plumbing, electrical work and painting of the kitchen and dining areas. Estimated
time to complete the project is about three months from date of issuance of Notice to Proceed.
The grant funds will be secured by a Deed of Trust on the property for a restrictive use period of five years
from the Notice of Completion. If BSC successfully operates the facility and complies with the conditions
of the project agreement, the City will then reconvey title back to the BSC.
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4/7/2010 3:20 PM
ADMINISTRATIVE
REPORT
MEETING DATE: May 5, 2010 AConsent Calendar
ITEM: 8, f
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEADC
DATE: April 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield, State of California Department of Public Health
and the U.S. Department of Housing and Urban Development for $635,917 in Housing
Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA). (City-wide)
RECOMMENDATION:
Staff recommends approval and authorize staff to execute all documents with the State of California.
BACKGROUND:
The City originally entered into an agreement with the State of California in March 2008 to enable them to
operate the Housing Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA) grant funds
on behalf of the City for use in the Bakersfield Eligible Metropolitan Statistical Area (EMSA). The City
notified HUD in April of this year that it would again like to enter into an agreement with the State to
administer the FY 2010 HOPWA Grant Funds for the EMSA. This is the third year for this type of
arrangement.
The HOPWA program was established in 1992 to address the specific needs of persons/families living
with HIV/AIDS. The HOPWA entitlement program (a method for allocating funds to eligible cities on behalf
of their metropolitan areas) makes grants to local communities, state and non-profit organizations for
projects that benefit low income persons medically diagnosed with HIV/AIDS and their families. The City
meets the HUD entitlement criteria based on its population size and number of AIDS cases. The City's
HOPWA entitlement for FY 2010 will be $635,917.
The State of California Department of Public Health will be responsible for administering the HOPWA
grant and they will be executing the agreement subsequent to Council review and approval. The HUD LA
office will be the third party to execute the agreement following State approval. There is no direct fiscal
impact to the City's financial system for approving this agreement.
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ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Ile-
DATE: April 21, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract for legal services:
Agreement with CLIFFORD & BROWN for the Fiscal Years 2010/2011, 2011/2012, and
2012/2013 in the amount of Two Hundred Twenty-Five Thousand Dollars ($225,000), and
for the Fiscal Years 2013/2014 and 2014/2015 in the amount of Two Hundred Forty
Thousand Dollars ($240,000).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Since 2004, the City Attorney's Office has outsourced general tort liability cases to the local law
firm of Clifford & Brown. The quality representation of the City has resulted in general fund savings for
total liability claims and lawsuits and a decrease in the number of frivolous cases filed against the City.
If approved, the contract with Clifford & Brown will extend over the next five fiscal years, through
June 30, 2015. The only change is that the hourly rate for cases handled outside the 30 case per year
cap will be at $185.00 per hour beginning July 1, 2012, and the base rate will increase to $240,000
beginning July 1, 2013. As with the prior years, the terms of the contract provide that a senior partner will
supervise each assigned case, that the City will not be billed for internal costs--such as copy charges,
legal research, or clerical time, and that the contract can be terminated.
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MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM: A.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 1✓'j
DATE: April 21, 2010 CITY ATTORNEY
CITY MANAGER &"S
SUBJECT: Agreement with Jeff Wanamaker, the Estate of Robert Wanamaker, and the Bloemer
Estate, LP to purchase the remaining interests in real property located on the west side
of Mohawk Street south of Rosedale Highway for $1,313,050.15 for the Westside
Parkway. TRIP (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The property currently being acquired consists of four parcels that comprise approximately 50
acres in total. It is located immediately east of Big West's Flying J Refinery. The City previously
purchased Big West's 60% interest in the property. The remaining interests are Wanamaker 35%
and the Bloemer Estate 5%.
The purchase price of $1,313,050.15 is a product of negotiations based on appraisals prepared
by Randy K. Merriman, MAI and Michael C. Burger, MAI.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by
the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the
acquisition of properties necessary for the Westside Parkway consistent with the 2010
Metropolitan Bakersfield General Plan.
April 21, 2010, 10:28AM
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE: April 15, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Amendment No. 1 to Agreement No. PW 08-210 with Crider Construction Inc.
($40,000.00; for a revised not to exceed amount of $80,000.00) for welding,
fabrication, and general construction work at Wastewater Treatment Plants 2
and 3 (Wards 1 and 6).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. PW 08-210 with Crider Construction Inc. (Contractor) provided
for the Contractor to perform welding, fabrication, and general construction work at Treatment
Plants 2 and 3 on an as-needed basis. The Agreement was entered into on November 20, 2008.
The compensation clause was not to exceed $40,000 with a termination date of September 1,
2011. However, because of several unforeseen major repairs needed at Plant 2, such as with the
clarifiers and digestors, the $40,000 compensation amount needs to be amended. In addition,
the Consultant also performs general welding, fabrication, and general construction work on a
limited number of capital improvement projects related to both treatment plants. Staff
recommends that the compensation be increased by an additional $40,000, which amends the
total not to exceed amount to $80,000. The term of the Agreement will remain the same.
Sufficient funds are budgeted to fund this amendment.
Is: WW
April 21, 2010, 9:13AM
G:\GROUPDAT\ADMINRPT\2010\05-05\Amendment 1 to Agr No PW08-210 Crider Cons.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /V~
DATE: April 19, 2010 CITY ATTORNEY Q~
CITY MANAGER ~W
SUBJECT: Amendment No. 1 to Agreement No. 09-052 with Kern Turf Supply, Incorporated
extending term for one year for the annual contract to supply irrigation parts and
supplies with no dollar cost increase. City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 6, 2009, Council awarded the annual contract to supply irrigation
parts and supplies to Kern Turf Supply, Incorporated in the amount of $229,680.46; renewable
annually thereafter for four (4) consecutive one-year periods. If approved, Amendment No. 1
will extend term one year to expire in 2011 with no dollar cost increase. Extending the
Agreement allows the City to continue purchasing parts and supplies to repair irrigation
systems as needed.
Purchasing Division
S:WURCH%ADMIhPAmendments\Amendment #1 to Agreement 09-052, Kem Turf Supply, AC Irrigation Parts and Supplies, May 5, 201 CIA=
April 19, 2010, 12:05PM
COV09RSI
ADMINISTRATIVE REPORT
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MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM: , k.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 12, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-057 with Geocon Inland Empire
Incorporated ($10,000.00; for a revised total contract not to exceed amount of
$55,500.00) for additional groundwater sampling and reporting services to
comply with Wastewater Treatment Plant Discharge Permits and to extend term
of agreement for an additional five months (Wards 1 & 6).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Wastewater Treatment Plants 2 and 3 are operated under permits issued by
the California State Water Resources Control Board. These permits require that periodic
monitoring, sampling, and reporting be performed for the on-site water wells at Plant 2, Plant 3,
City Farm, and Green Acres Farm located at Interstate 5 and Taft Highway where the Plant 3
effluent is reused for farming irrigation. On March 26, 2008, Council approved Agreement No.
08-057 with Geocon Inland Empire Incorporated (Consultant) as part of the Request for
Qualifications/ Request for Proposal (RFQ/RFP) process. The Consultant was hired to monitor
and sample the on-site water wells and submit the results to the State Water Resources Control
Board for their review. The original Agreement was for a two year term with a not to exceed
compensation amount of $45,500. Amendment No. 1 will extend the term of this Agreement
for an additional five months and will increase the not to exceed amount by an additional
$10,000. This Amendment would revise the not to exceed amount to a total of $55,000.
Staff is currently preparing a formal RFQ/RFP which will be advertised soon. Staff recommends
extending the current agreement by five months to allow sufficient time to go through the
RFQ/RFP process.
Sufficient funds are budgeted to fund this amendment.
Geocon agreement 08-057
PW WW: Is
G:\GROUPDAT\ADMINRPT\2010\05-05\Geocon Amendment 1 Admin Report.doc
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ADMINISTRATIVE REPORT
`4wn u I
L1F0
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 22, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Wastewater Treatment Plant No. 3 - 2007 Expansion Project (Ward 6):
1. Amendment No. 3 to Construction Management Contract No. 06-388 with Jacobs
Project Management Co., formerly known as Jacobs Civil Inc., ($200,000.00; for a
revised total contract amount of $7,900,000.00) for additional construction management
services for Project and for the assignment of Contract to Jacobs Project Management
Co.
2. Transfer $200,000 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of amendment and transfer.
BACKGROUND: Agreement No. 06-388 with Jacobs Project Management Co. (formerly known as
Jacobs Civil Incorporated) was approved by the City Council on December 13, 2006. This agreement
provided for construction management service, constructability review, construction inspection,
construction surveying, and soil/material testing for the $211 million Wastewater Treatment Plant 3
Upgrade and Expansion project. With approximately two months left of construction, the Construction
Phase portion of the budget is 96% depleted. This is mostly due to the extensive material testing required
for a project of this size and complexity. Items that fall under the material testing category include
inspection of rebar, welding, masonry, concrete, and soils. The compensation clause needs to be
increased by $200,000 for the additional services. The following table summarizes the amended
compensation by category of work:
DESCRIPTION AMENDMENT 3 FEE
1. Constructability Review Phase (fixed fee) $182,920 (no change)
2. Bidding Phase (not-to-exceed fee) 248,721 (no change)
3. Construction Phase (not-to-exceed fee) 7,239,109 (formerly $7,039,109)
4. Reimbursable Expenses for All Phases of Work 229.250 (no change)
(not-to-exceed fee)
$ 7.900.000
Staff proposes to fund this amendment with the contingency established for the Plant 3 Expansion project.
In addition, this Amendment assigns the Contract to Jacobs Project Management Co.
G:\GR0UPDAT\ADMINRPT\2010\05-05\Amendment to Agreement 06-388 Jacobs Civil Incorporated Administr.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. fryt
TO: Honorable Mayor and City Council APP . OVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD°
DATE: April 29, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 58 to Agreement No. 07-304 with Security Paving
Company ($537,627.80; for a revised not to exceed amount of $32,501,028.36) for
the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of constructing a freeway interchange on State
Route 178 (SR-178) at Fairfax Road and extending SR-178 for one mile, from east of the Oswell
Street Overcrossing to west of Morning Drive.
Change Order No. 58 provides for the installation of temporary shoring for portions of the retaining
wall built on the north side of SR-178. At the time the project was designed and bid, portions of
the area north of SR-178 were undeveloped. The City had obtained temporary construction
easements (TCE's) over these areas, anticipating these TCE areas would be temporarily sloped
back to allow construction of the retaining wall and not require temporary shoring. Security
Paving Company (SPC), the project contractor, also bid the project anticipating only sloping
back and not temporarily shoring the hillside within these TCE areas to construct the retaining wall.
However, new development occurred on some of these areas between the time the project was
bid and the time the retaining wall was constructed. In order to avoid damage to the
development, it was necessary for SPC to install temporary shoring to build the wall. Staff and SPC
have reviewed this issue and are recommending that the City be responsible for the cost of the
temporary shoring in these areas due to the unanticipated changed conditions that resulted from
the presence of the new development. The cost for the temporary shoring is $537,627.80. There
are sufficient funds budgeted to cover this expense.
Staff recommends approval of this Contract Change Order. Change Orders to date, including
this proposed Change Order total $3,171,582.26. This is a 10.8% increase over the Amended
Agreement as illustrated below:
• Current Contract Amount (includes Amendments Nos. 1 & 2) _ $ 29,329,446.10
• Previous Change Orders = $ 2,633,954.46
• Current Change Order No. 58 = $ 537,627.80
• Amended Contract Agreement after Change Orders = $ 32,501,028.36
Net Increase to date = $ 3,171,582.26
GAGROUPDAT\ADMINRPT12010\05-05\Admin Rpt CCO 58 Fairfax Interchange Project-Rev-04291 0.docx
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In addition to this change order request, there are approximately $500,000 in outstanding
change orders for which staff is awaiting supporting information from SPC in order to bring
forward. Sufficient federal and local match funds have previously been appropriated to cover
all the outstanding change order costs.
GAGROUPDATIADMINRPT\2010\05-05\Admin Rpt CCO 58 Fairfax Interchange Project-Rev-04291 0.docx
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 16, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Construction of a One Mega-Watt Solar Energy Facility at Wastewater Treatment
Plant 3 (Ward 6):
1. Accept bid and award contract to Systems 3 Inc ($5,359,018.00) for design,
engineering, and construction of the Solar Energy Facility.
2. Appropriate $2,661,000 Estimated PG&E Rebate to the Public Works
Department's Capital Improvement Budget within the Sewer Enterprise Fund
(Wastewater Treatment Plant No. 3) for Facility.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and
approval of appropriation.
BACKGROUND: Wastewater Treatment Plant 3, located in Southwest Bakersfield, serves the area
west of Freeway 99. Plant 3 is near completion of the expansion project. The expansion project
includes the construction of an energy producing cogeneration facility to significantly reduce
electricity costs. The cogeneration facility will not generate enough digester gas to offset all of
Plant 3's electrical demand. An alternative source of energy can be found in solar power.
The scope of work for this project includes the design, engineering, and construction of a solar
photovoltaic renewable energy system, which includes site work preparation, concrete, and
electrical work, single axis tracking system, inverters, step up transformers, photovoltaic modules,
start up training, and all other work required for this project. The project includes a public display
kiosk and an annual operation and maintenance agreement for ten years. The contractor
provided a work sheet to show annual power production from the year 2011 to 2035. The
contract also includes a performance warranty that guarantees the photovoltaic solar system's
power production. The total area occupied by the solar photovoltaic system is 6.3 acres.
This Solar Project will be funded with Federal ARRA funds, PG&E rebates, and Sewer Enterprise
funds. The federal share is $3,040,700. PG&E's rebates will fund approximately $2,661,000, which
will be paid over a period of 5 years. Any remaining costs will be funded with Sewer Enterprise
funds.
Based upon PG&E estimates, the Solar Project is projected to yield annual electricity cost savings
ranging from $219,000 to $242,000.
PW/Wastewater Division/LS (EOK214)
April 28, 2010, 12:34PM
G:\GR0UPDATWDMINRPT\2010\05-05Wdmin Report for Solar Renewable Project at WWTP3.doc
ADMINISTRATIVE REPORT
On April 14, 2010, six bids were received; five of which are acceptable. Those acceptable bids
are as follows:
Systems 3 Inc.
5921 Landis Avenue
Carmichael, CA 95608 in the amount of $5,359,018.00
Cupertino Electric Inc.
1 132 North 7t" Street
San Jose, CA 95112 in the amount of $5,978,035.00
Morrow-Meadows Corp.
665 Brea Canyon Road
Walnut, CA 91789 in the amount of $6,429,873.00
DRI Energy Corp.
17182 Armstrong Ave.
Irvine, CA 92614 in the amount of
$6,391,845.00
SunPower Corp. Systems
6 Morgan St. Suite 122
Irvine, CA 92618 in the amount of $6,714,400.00
This Administrative Report appropriates the PG&E rebate's portion of total project costs.
PW/Wastewater Division/LS (EOK214)
April 28, 2010, 12:34PM
G:\GR0UPDAT\ADMINRPT\2010\05-05\Admin Report for Solar Renewable Project at WWTP3.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD __,4-/'.5
DATE: April 19, 2010 CITY ATTORNEY 4
CITY MANAGER F
SUBJECT: Accept bid and award contract to Gilliam and Sons, Incorporated (not to
exceed $385,452.00) for the Annual Contract for Earthmoving and Hauling.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid and award of contract.
BACKGROUND: Invitations to bid were sent to over eight hundred (800) contractors for the
Annual Contract for Earthmoving and Hauling for the Public Works Department Streets Division
and Water Resources Department. The bid required suppliers to provide hourly pricing for
various pieces of equipment provided with operator and without operator. Four (4) complete
bids were received in response to solicitation. The bids submitted are based on an estimated
quantity of hours projected by various City departments multiplied by the contractor's unit
price for each service element.
The contract award is for a one year period; renewable annually for four consecutive one-
year periods at the City's option and upon mutually agreeable terms. The four (4) bids
received are listed below.
BIDDER AMOUNT
Gilliam and Sons, Incorporated $385,452.00
Bakersfield, CA
Turman Construction Co., Inc. $497,010.00
Bakersfield, CA
Wood Bros., Inc. $506,990.00
Bakersfield, CA
Pay Dirt Construction, Inc. $599,882.14
Visalia, CA
Staff finds the lowest overall bid submitted by Gilliam and Sons, Incorporated, Bakersfield, to
be acceptable and recommends award of the contract in the amount of $385,452.00.
Purchasing Division
Kb
SAPURCHWDMINWC Earthmoving & Hauling, 09-10-52, May 5, 2010.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD A6
DATE: April 19, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Badger Meter, Incorporated (not to exceed
amount of $588,226.28) for the annual contract to supply water meters.
(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 to supply water meters. Two (2) partial bids and two (2) complete bids were
received in response to solicitation (see attached spreadsheet). The bids solicited were based
on a list of various sizes of water meters 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) complete
bids received are listed below.
BIDDER AMOUNT
Badger Meter, Inc. $588,226.28
Milwaukee, WI
Measurement Control Systems $603,664.79
Santa Ana, CA
Staff finds the lowest overall bid submitted by Badger Meter, Inc., Milwaukee, to be
acceptable and recommends award of the contract in the amount of $588,226.28.
Purchasing Division
S:IPURCHWDMINWdmin 09-10WC for Water Meters, 09-10-48, May 5, 2010.docx
April 22, 2010, 12:12PM
A
ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 19, 2010 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Accept bid and award contract to Sesa, Incorporated, dba Signco (not to
exceed $64,758.88) for the annual contract for traffic signs. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over two hundred (200) suppliers for the Annual
Contract for traffic signs. Eight (8) complete bids were received in response to solicitation. The
bids solicited were based on a list of various traffic signs 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 eight (8) bids
received are listed below.
BIDDER AMOUNT
Sesa, Inc., dba Signco $ 64,758.88
Anaheim, CA
Safeway Sign Company $ 72,908.16
Adelanto, CA
Rocal, Inc. $ 75,938.24
Frankfort, OH
Maneri Sign Co, Inc. $ 76,036.42
Gardena, CA
Zumar Industries, Inc. $ 76,674.83
Santa Fe Springs, CA
Custom Products Corp. $ 81,829.58
Jackson, MS
Purchasing Division
SAPURCHWDMIN1Admin 09-10WC for Traffic Signs, 09-1047, Signco, May 5, 2010.docx
April 19, 2010, 10:21AM
ADMINISTRATIVE REPORT
Safety Network, Inc. $108,465.96
Bakersfield, CA
Myers & Sons Hi-Way Safety, Inc. $153,386.24
Chino, CA
Staff finds the low bid submitted by Sesa, Incorporated dba Signco, Anaheim, to be
acceptable and recommends award of the contract in the amount of $64,758.88.
Purchasing Division
S:\PURCHIHDMINWdmin 09-10WC for Traffic Signs, 09-10-47, Signco, May 5, 2010.docac
April 19, 2010, 10:21AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 21, 2010 CITY ATTORNEY
CITY MANAGER ~sS
SUBJECT: Award bid for HVAC Upgrade at the Police Department
1. Accept bid and award contract to Cole's Mechanical Systems,
Incorporated ($55,760) for the HVAC Upgrade at the Police Department.
Ward 2
2. Approve transfer of $15,000 savings from one capital project (HVAC -
Building A and Convention Center) to the Public Works Department's
Capital Improvement Budget within the Capital Outlay Fund for the
Replace HVAC at the Police Department Communication Center project.
RECOMMENDATION: Staff recommends acceptance of bid and approval of transfer of funds.
BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for replacing the
HVAC at the Police Department Communication Center. Two (2) bids were received in
response to solicitation.
This project is to replace the four (4) HVAC units in the Police Department Communication
Center. If the existing units are not replaced soon they may leak condensation and cause
damage to critical emergency services computers and communication equipment.
Two (2) bids received as follows:
Cole's Mechanical Systems, Inc $55,760
Bakersfield, CA
Masterbuilt Construction Corp $97,000
Canoga Park, CA
Staff finds the low bid submitted by Cole's Mechanical Systems, Incorporated, Bakersfield, to
be acceptable and recommends award of the contract in the amount of $55,760.
Purchasing Division
SAPURCHADMINAdmin 09-101HVAC Upgrade at PD, 09-10-55, May 5, 2010.docx
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ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Tract Map 7166 (ONLY)
1. Final Maps With Castle & Cooke California, Inc. a California Corporation, for Tract
Map 7166 Unit 2 & 3 located south of Ming Avenue and west of Gosford Road.
(Ward 5)
RECOMMENDATION: Staff Recommends approval of the map. (ONLY)
BACKGROUND: Tract No. 7166 Unit 2 is a merger and resubdivision of lots 106 through 111 (INCLUSIVE) of
Tract No. 6799, Book 57 at pages 71 through 79 and a portion of Parcel "B" of Lot Line Adjustment No. 08-
1189, Certificate of Compliance recorded November 14, 2008 as Document No. 0208177913.
Tract No. 7166 Unit 3 is a merger and resubdivision of lots 112 through 117 (INCLUSIVE) of Tract No. 6799,
Book 57 at pages 71 through 79 and a portion of Parcel "B" of Lot Line Adjustment No. 08-1189, Certificate
of Compliance recorded November 14, 2008 as Document No. 0208177913.
All improvements were constructed with Tract No. 6799 for the lots to be created with the recordation of
Tract No. 7166. A notice of Completion and Acceptance of Work was recorded on October 16, 2007 as
Document No. 0207209185, O.R. and a Security Release letter dated October 24, 2007 was issued.
Therefore, no Agreements are necessary for the recordation of the final map.
NOTE: THE IMPROVEMENT AGREEMENTS
FOR TRACT 6799 ARE FILED IN THE CITY
CLERK'S OFFICE FOR REVIEW.
dha
April 20, 2010, 11:41AM
G:IGR0UPDArADMINRP112010\05-05\Final Map T7166 Unit 2 & 3 (MAP ONLY).doc
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c
MEETING DATE: May 5, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
1
FROM: Raul M, Rojas DEPARTMENT HEAD
DATE: April 12, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $64,000 federal ARRA funds to the Public Works Department's Capital
Improvement Budget within the ARRA Federal Stimulus Fund 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 (Wards 2, 3 and 4).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: This project was awarded to Granite Construction Company for $1,478,336
at the April 7, 2010 Council meeting. 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. This project is 100% federally
funded through the American Recovery and Reinvestment Act of 2009 (ARRA).
Initially a total of $12,100,000 was budgeted for various ARRA funded resurfacing projects, At
the time the CIP budget was prepared, this was the best estimate of ARRA funding available
for resurfacing projects. Staff, working with KernCog, was able to secure an additional $64,000
of federal ARRA funds for the Coffee Road project. This additional appropriation should have
been included on the Administrative Report awarding the contract to Granite at the April 7,
2010, Council meeting. However, this appropriation was excluded from the April 7th
Administrative Report.
This Administrative Report appropriates the additional funding secured by staff and KernCog
for the Coffee Road project. Appropriating these funds ensures that all ARRA funding is
expended.
NSG
pw/design engineering/70K225
April 28, 2010, 12:56PM
G:\GR0UPDAT\ADMINRPT\2010\05-05Wppropriation for Coffee Road Reconstruction.doc
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° ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~G--
DATE: April 22, 2010 CITY ATTORNEY p(~~r
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Bakersfield Firefighters Assoc.; Moore v. City of Bakersfield
KCSC Case No. S-1500-CV-268544-NFT
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\5-5-10ExistLit.doc
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- ADMINISTRATIVE REPORT
MEETING DATE: May 5, 2010 AGENDA SECTION: Public Hearing
ITEM: 11. .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA
DATE: April 26, 2010 CITY ATTORNEY
CITY MANAGER i&
SUBJECT: Public Hearing to consider Resolution to authorize the Bakersfield Redevelopment Agency
to sell Real Property located at the corner of East California Ave. and South Robinson St. (a
portion of parcel #018-040-02) for $1.00 to Clinica Sierra Vista, a Non-profit Corporation for
the development of an approximately 3,863 square foot Dental Clinic. (Ward 1).
1. Resolution approving the Sale of Real Property, located at the corner of East
California Ave. and South Robinson St. (a potion of parcel #018-040-02) by the
Bakersfield Redevelopment Agency, for $1.00 to Clinica Sierra Vista, a Non-profit
Corporation.
RECOMMENDATION:
Staff recommends adoption of resolution, and approval of sale of Real Property.
BACKGROUND:
On May 7th, 2008 the City of Bakersfield Economic and Community Development Department posted a
Request for Proposal & Qualifications on the City of Bakersfield's EDCD webpage to acquire and develop
the 2.69 acre commercially zoned parcel on East California Ave. between South Owens Street and
South Robinson Street. Clinica Sierra Vista expressed an interest and willingness to negotiate with the
Redevelopment Agency for the development of the property.
In August of 2009 the Redevelopment Agency entered into an Exclusive Negotiation Agreement (ENA)
with Clinica Sierra Vista to cover a period of 180 days with an option for a 90 day extension from the date
of execution of the Agreement. During this period, the deal points have been incorporated into a
Disposition and Development Agreement for the development of an approximately 3,863 square foot
dental office on the .6 acre eastern portion of the parcel. Clinica Sierra Vista applied for and was awarded
funding for the construction of the project from the American Recovery and Reinvestment Act 2009
(A.R.R.A). One of the major requirements of receiving the Stimulus funds is the applicant has to
demonstrate reasonable site control prior to the start of project construction.
S:\Admins\City Council\City Council Admins 2010\Clinica SV May 5 CC Admin.docx
4/26/2010 9:04 AM
ADMINISTRATIVE REPORT Page 2
The City of Bakersfield will convey the .6 acre site to Clinica Sierra Vista at a cost of One Hundred Twenty
Five Thousand and One Dollars. The purchase price shall be paid in $1.00 of cash and a performance
promissory note of $125,000.00. Credit towards payment of the performance note shall begin at issuance
of the certificate of completion, and the payment shall be credited each year thereafter for fifteen (15)
years of continuous operation of the dental clinic uses by Clinica Sierra Vista.
The City has also agreed to complete street improvements, including curb, gutter, a right turn lane, drive
approach, and a handicap access ramp. The street improvements will cost a total of $54,000 funded
through Southeast Tax Increment funds.
1. Public Hearing
Pursuant to Section 33433 of the California Health and Safety Code, the Bakersfield City Council may,
after a duly noticed public hearing, authorize the Redevelopment Agency to sell or lease the property, for
development pursuant to the Southeast Area Redevelopment Plan upon a determination by the City
Council that the proposed consideration is not less than the fair reuse value of the Property, that the
disposition of the Property will assist in the elimination of blight, and is consistent with the implementation
plan adopted for the Southeast Redevelopment Project Area.
Under Redevelopment Law, Health and Safety Code Section 33433, whenever an agency disposes of
property acquired directly or indirectly with tax increment funds, the agency must sell the property for not
less than the fair market value at its highest and best use in accordance with the redevelopment plan, or at
a price not less that the fair reuse of the propose use and with the affordability covenants, conditions and
development costs authorized by the sale.
A summary report and reuse analysis prepared by GRC and Associates has been attached that reflects
that the Agency's sales price of $1.00 for the property is not less than the fair reuse value for the property
and with the required covenants and restrictions, and validated in the enclosed reuse analysis that is
based on the proposed use. The summary report and reuse analysis were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433. In addition, the project will
not result in any significant effects relating to traffic, noise, air or water quality and therefore qualifies as
CEQA exempt under Section 15332 under Infill Development.
The Redevelopment Agency will consider the Disposition & Development Agreement for the project to
facilitate the sale of the property under Health & Safety Code section 33433 at their regularly scheduled
meeting on May 10, 2010.
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ADMINISTRATIVE REPORT
10
MEETING DATE: May 5, 2010 AGENDA SECTION: Hearings
ITEM: i .b
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD - '
DATE: April 16, 2010 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: General Plan Amendment/Zone Change 10-0008 (Ward 5)
McIntosh & Associates, representing JEC Panama, LLC and MPW Properties, LLC,
the property owners, has applied for a general plan amendment and zone
change on 12.16 acres generally located on the southeast corner of Pacheco
Road and Gosford Road.
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from GC (General
Commercial) to HMR (High Medium Density Residential) on 11.4 acres and
from LR (Low Density Residential) to HMR on 0.76 acres.
2. First reading of ordinance approving the Negative Declaration, amending
Title 17 of the Municipal Code and amending Zoning Map No. 123-21 from
C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling)
on 11.4 acres and from R-1 (One Family Dwelling) to R-2 on 0.76 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the proposed general plan amendment
and first reading of the ordinance.
BACKGROUND:
The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use
Element and City of Bakersfield Zoning Ordinance for the 12.16-acre project site for the
development of low rise apartments with 2 to 3 floors and approximately 211 dwelling units.
Urban development has built up in the project vicinity and surrounds the site including single
family housing to the south and east and commercial to the north (Home Depot) and west
(Farm Boys restaurant, American Tires and Gosford Village) of the project site. The San Joaquin
Valley Railroad Is adjacent to the northern edge of the project. The Stine Canal operated by
the Arvin-Edison Water Storage District is adjacent to the east and south of the project site.
ADMINISTRATIVE REPORT Page 2
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on March 18, 2010, and recommended approval to the City
Council, No Individuals or agencies present at the hearing opposed the request and the
applicant agreed to all conditions and mitigation for the project. Conditions of approval and
mitigation measures which address air quality, cultural resources, biological resources, traffic
and public Improvements are recommended as part of the project approval.
Staff conducted an initial study and It was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on February 10, 2010, in accordance with CEQA.
CG - S:\GPAs\GPA 1st 2010\ 10-0008\SR Admin\Admin Report 10-0008.doc
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ADMINISTRATIVE REPORT
c ~Lv
0
MEETING DATE: May 5, 2010 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: April 14, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 09-0263 (Stockdale Ranch) (Ward 4, upon
annexation)
McIntosh & Associates, representing Castle & Cooke California, Inc. and Bolthouse
Properties, LLC, the property owners, has applied for a General Plan Amendment,
Circulation Element Amendment, Western Rosedale Trails Plan Amendment, and
Zone Change on approximately 564+ acres generally located south of Stockdale
Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn
Drive, and east of the future extension of Nord Avenue.
i
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for General Plan Amendment/Zone Change No. 09-0263.
2. Resolution adopting the general plan amendment changing the Land Use
Element designations from ER (Estate Residential), UER (Urban Estate
Residential), GC (General Commercial), and SR (Suburban Residential) to LR
(Low Density Residential), HR (High Density Residential), LMR (Low Medium
Density Residential), HMR (High Medium Density Residential), GC (General
Commercial), OC (Office Commercial), OS-P (Parks and Recreation
Facilities), R-MP (Mineral Petroleum and Minimum 5-acre Parcel / Drill Site),
changing the Circulation Element, and changing the Western Rosedale Trails
Plano.
3. First reading of ordinance amending Title 17 of Municipal Code and official
Zoning Maps from A (Agriculture) to R-1 (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling), R-3 (Multiple Family Dwelling), C-1 (Neighborhood
Commercial), C-2 (Regional Commercial), C-O/PCD (Administrative and
Professional Office/Planned Commercial Development), OS (Open Space),
and DI (Drilling Island) zones,
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution
approving the proposed general plan amendments to the land use, circulation, and trails plan,
and first reading of the ordinance.
ADMINISTRATIVE REPORT Page2
BACKGROUND:
The project would allow for approximately 3,583 residential dwelling units on approximately
370.85 acres and a total of 941,700 square feet of general commercial and business park uses on
approximately 69.02 acres. Roughly 665,200 square feet of the business park is proposed for the
OC (Office Commercial) land use designation on 43.63 acres. Tenant spaces in the business park
would be flexible and would lend itself to a variety of office uses. The remaining 25.39 acres
would consist of 276,500 square feet of general commercial uses. Approximately 20 acres of land
will be reserved for OS-P (Open Space - Parks). The Project also includes the relocation of
collector and local roadways, and a multi-use trail alignment to parallel the south side of Claudia
Autumn Drive. An area located in the southeastern portion of the proposed Project site (with an
existing water pump station facility) is owned and operated by the Kern County Water Agency,
and is part of the Agency's Cross Valley Canal property. This area is not proposed for
amendment or zone change, but will be included in the annexation.
The Circulation Element Amendment will result in the realignment of Heath Road between
Stockdale Highway and Claudia Autumn Drive, the deletion of Heath Road between Claudia
Autumn Drive and the south line of Section 4; the realignment of Wegis Road and continuation to
Claudia Autumn Drive, the deletion of Wegis Road between Claudia Autumn Drive and the south
line of Section 4; the amendment of Claudia Autumn Drive from a local to a collector south of
Stockdale Highway, the establishment of a specific plan line along Claudia Autumn Drive south
of Stockdale Highway; the deletion of Nord Avenue, as an arterial, between the proposed
Westside Parkway and south line of Section 4; the deletion of an unnamed collector road north-
south mid-section line of Section 3 south of Stockdale Highway and east of Claudia Autumn
Drive; and the deletion of an unnamed collector north-south line in Section 3 south of Stockdale
Highway as depicted on Exhibit B. The bike route along Heath Road will also be re-aligned on
the Bikeway Master Plan that is part of the Circulation Element for the Metropolitan Bakersfield
General Plan.
The Project includes an amendment to the Western Rosedale Trails Plan to create a combination
equestrian/multi-use trail to be located along the east side of Nord Avenue (south of Claudia
Autumn Drive), along the south side of Claudia Autumn Drive to Wegis Avenue, and along the
east side of Wegis Avenue to Stockdale Highway. The proposed trails will be installed when
development occurs and will be dedicated to the City of Bakersfield and be maintained by the
City/NOR Recreation and Parks District.
The Project also includes a zone change from A (Exclusive Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling; 1 unit/2,500 sq. ft.), R-3 (Limited Multiple Family
Dwelling; 1 unit/1,250 sq. ft.), C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-
O/PCD (Administrative and Professional Office/Planned Commercial Development), and DI
(Drilling Island) zones. These zone designations are consistent with the proposed Land Use
Amendment.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and
the Planning Commission for the project. Staff conducted an initial study and it was determined
that the project could have a significant environmental effect. Therefore, in accordance with
CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings on
the EIR including a public scoping meeting on August 13, 2009, an adequacy hearing to receive
ADMINISTRATIVE REPORT Page 3
comments on the Draft EIR on December 17, 2009, and a hearing on the Final EIR on March 18,
2010 and April 1, 2010. The Final EIR was recommended for certification by the Planning
Commission on April 1, 2010.
The Planning Commission conducted a public hearing on this general plan
amendment/circulation element amendment/Western Rosedale Trails Plan amendment/zone
change on April 1, 2010, and recommended approval to the City Council. At the March 18, 2010
Planning Commission hearing Mr. Gordon Nipp, representing the Sierra Club, opposed the
request. Mr. Nipp stated comments regarding air quality, farmland conversion, global warming
analysis, and traffic impacts for this project. The responses to Mr. Nipp's comments have been
included in the record.
Mitigation measures recommended as part of project approval address land use and relevant
planning; agriculture; public health and safety; aesthetics, light and glare; traffic and circulation;
noise; air quality; biological resources; cultural resources; public services and utilities; geologic
and seismic hazards; hydrology and water quality; and mineral resources. The impacts to urban
decay were found to be less than significant and did not require mitigation measures. The
applicant agreed to all conditions and mitigation for the project.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the
project as conditions of approval, and construction in accordance with the uniform building
codes, cumulative traffic/circulation and noise impacts would remain significant. Staff and the
Planning Commission recommend certification of the Final EIR and accompanying mitigation
monitoring and reporting program, the adoption of CEQA findings, and a statement of overriding
considerations pursuant to State CEQA Guidelines Sections 15091 and 15093.
S:\Dana\ADM I NS\2010\May\5-5-0263 1. doc
D ADMINISTRATIVE REPORT
( 0
L EETING DATE: May 5, 2010 AGENDA SECTION: Hearings
ITEM NO: .a
TO: Honorable Mayor and City Council APPROVED
DEPARTMENT HEAD
FROM: Jim Eggert, Planning Director CITY ATTORNEY
DATE: April 23, 2010 CITY MANAGER
SUBJECT: Public Hearing to consider appeal by Fred Porter and Harold Robertson, and upholding
the Board of Zoning Adjustment's decision approving Conditional Use Permit No. 09-0767
to operate a 3,177 square foot bar in a C-1 (Neighborhood Commercial) zone district
located at 4715 Coffee Road. (Applicant/Owner; Brian Myrick/Javaher Investors LLC)
(Ward 3).
1. Resolution denying the appeal and upholding Conditional Use Permit No. 09-0767.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The applicant requested approval of a Conditional Use Permit to operate a 3,177 square foot bar with
an outdoor patio area in a C-1 (Neighborhood Commercial) zone district located at4715 Coffee Road.
On April 13, 2010, the Board of Zoning Adjustment (BZA) unanimously approved the proposed bar with
no outdoor seating and with restricted hours of operation. On April 19, 2010, Fred Porter and Harold
Robertson, owners of properties in the immediate surrounding area, appealed the Board's decision.
At the March 9, 2010 and April 13, 2010 BZA meetings, Fred Porter submitted petitions in opposition to the
proposal signed by 50 owners and tenants of residential and commercial properties in the immediate
surrounding area (see attached petitions) as well as letters of opposition from commercial tenants Chan
Park, MD, of GEMCare Medical Associates, and Aaron Breaux, DDS, of The Smile Lounge (see attached
letters).
During the March 9, 2010 BZA meeting, Fred Porter, Mark Smith of Grubb & Ellis, and Larry Fields, attorney
representing neighboring commercial property owners, spoke in opposition to the proposal. Issues
discussed by the opponents included potential negative impacts to property values and neighboring
commercial tenants, liability concerns regarding alcohol-related accidents on Centennial Plaza Way
(private street which serves the site and the other commercial properties within the development),
potential use of parking on neighboring properties by bar patrons, noise impacts to neighboring
residents, and the inconsistency of the proposed use with the CC&R's for the commercial development.
Russell Johnson, the applicant's representative, spoke In favor of the proposal. Staff informed the Board
that the interpretation and enforcement of CC&R's is not within the City's purview and that any
ADMINISTRATIVE REPORT page 2
disagreement between property owners regarding CC&R's would be a private civil matter which could
be resolved through legal action initiated by one or more of the affected parties. Following the public
hearing and Board discussion, the proposal was continued to the April 13, 2010 BZA meeting.
During the April 13, 2010 BZA meeting, neighboring property owners Fred Porter, Harold Robertson, Tony
Hogg, and Sue Porter, as well as Mark Smith of Grubb & Ellis, spoke in opposition to the proposal. The
opponents reiterated the issues discussed during the previous meeting and submitted additional
petitions in opposition to the proposal signed by owners and tenants of residential and commercial
properties in the immediate surrounding area. Bob Sherfy, attorney representing the applicant, spoke in
favor of the proposal; he refuted the opponent's claim that the proposed use is inconsistent with the
CC&R's for the development and concurred with staff's position that the interpretation and
enforcement of CC&R's is a private civil matter outside of the City's purview. Mr. Sherty also expressed
the applicant's willingness to eliminate the outdoor patio area from their proposal and to consider
limitations on the establishment's hours of operation.
Fred Porter and Harold Robertson filed an appeal of the BZA's decision on April 19, 2010 (see attached
appeal letter), citing the following reasons:
1. The bar will negatively impact their property values, the community, and their tenants.
Staff response:
The BZA's approval was based upon their findings, as specified in the attached BZA resolution, that the
proposal is desirable to the public convenience since it will serve the residents of the surrounding
neighborhood as well as the northwest Bakersfield area and that the proposed use is in harmony with
the goals, objectives and policies of the Metropolitan Bakersfield General Plan. The BZA's findings fulfill
the legal requirements for the granting a conditional use permit pursuant to Bakersfield Municipal Code
Section 17.64.060.0.
In response to input received from owners and tenants of properties in the surrounding neighborhood,
the Board's approval prohibits outdoor seating and all other outdoor bar-related activity, requires the
establishment's windows to be tinted and/or treated with a material which visually obscures activities
within the premises, makes the property owner responsible for maintaining the premises free of litter,
trash and graffiti, and sets the maximum hours of operation the establishment may be open to the
public as follows: 12:00 p.m. to 12:00 a.m, on Sunday, 2:00 p.m. to 12:00 a.m. Monday through Thursday,
2:00 p.m. to 2:00 a.m. on Friday, and 12:00 p.m. to 2:00 a.m. on Saturday.
In the event complaints are received regarding activities associated with the use or alleging that one or
more condition of approval is being violated, the permit may be brought back before the BZA for
reconsideration which could potentially result in revocation of the permit.
2. Inebriated patrons of the bar will cause damage to their properties and substantially increase
their liability (especially on Centennial Way, which is a private street owned by the abutting
commercial property owners).
Staff response:
Whether or not the operation of the proposed bar will result in damage to properties owned by Mr.
Porter and Mr. Robertson is highly speculative. In fact, it is possible that any use conducted at the
subject location could indirectly result in damage to properties in the immediate surrounding area
ADMINISTRATIVE REPORT page 3
associated with the conduct of its operators and patrons. In the event the proposed bar is operated in
accordance with all applicable local and State laws and regulations, staff does not anticipate that this
use would result in damage to properties in the area, If it is discovered that laws, regulations or
conditions of approval are being violated by the bar operator and/or its patrons, the permit may be
reconsidered and revoked by the BZA if warranted, as discussed above. Furthermore, the operator's
alcohol license would be subject to potential revocation by the California Department of Alcohol
Beverage Control in the event of violations of State law or alcohol license conditions.
It is recommended that the appeal be denied, upholding the Board of Zoning Adjustment's decision to
approve the proposed conditional use permit.
S:\BZA_SPR\CUP\2009\09-0767 4715 Coffee Rd - Bar in C-1 \Admin Report
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ADMINISTRATIVE REPORT
~
V11
MEETING DATE: May 5, 2010 AGENDA SECTION: RCpOr$,5
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: April 23, 2010 CITY ATTORNEY A~^
CITY MANAGER
SUBJECT: Presentation of the Proposed FY 2010 - 11 Budget
RECOMMENDATION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2010-11
Proposed Budget for the Operating, Capital :Improvement and Bakersfield Redevelopment
Agency budgets.
pKE~s
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 21, 2010
ii
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, Hanson, Sullivan
Absent: None.
2. INVOCATION by Reverend Matthew Spencer, Our
Lady of Guadalupe Church.
3. PLEDGE OF ALLEGIANCE by Cori Fanucchi,
Kindergarten student at Downtown Elementary
School.
Mayor Hall recognized Boy Scout Troops 125, 44 and 12, as
well as the Ridgeview High School government class in
attendance at the meeting to learn about City government.
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.
Mr. Eisen accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
Omar Macias, declaring April, 2010, Motorcycle
Awareness Month.
Mr. Macias accepted the Proclamation and
made comments.
Bakersfield, California, April 21, 2010 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. William O'Rullian, with Kern County
Environmental Health, spoke regarding the
City's involvement in National Public Health
Month and expressed his appreciation to the
Wastewater Treatment Plant No. 2 and the tour
provided to boy scouts from various troops;
asked each scout to introduce himself;
presented a Certificate to Wastewater
Manager Louis Sun, and acknowledged
Wastewater Treatment Plant No. 2 Supervisor
David Bradshaw; and Diana Wilson spoke
regarding the efforts of the Sizzler Restaurant on
Mt. Vernon Avenue for allowing the scouts to
tour its facility and learn about the proper
handling of food as part of Public Health
Month.
b. Al Galvez, with Pacific, Gas & Electric
Company, spoke regarding PG&E'S Care
Program and requested the opportunity to
come back and make a presentation to
Council at a later date regarding the proposed
rate structure; Bill Prewett spoke in support of
the efforts by the Kern County Taxpayers
Association regarding PG&E utility rate issues;
and Jayme Seeger spoke in opposition to PG&E
Proposition 16.
C. Jayson W. Mixon spoke in support of the Liberty
Tree Proposal at Central Park and provided
written material.
Councllmember Sullivan referred this matter to
the Community Services Committee.
d. Stefan Lambert spoke regarding the need for a
sensitivity committee and provided written
material.
6. WORKSHOPS
a. Presentation by Michael Turnipseed, Executive
Director, Kern County Taxpayers' Association,
regarding PG&E utility rate issues.
Mr. Turnipseed made a powerpoint
presentation and provided written material.
Bakersfield, California, April 21, 2010 - Page 3
6. WORKSHOPS continued ACTION TAKEN
Councilmember Couch asked staff to look into
the feasibility of joining in the efforts of Kern
County Taxpayers' Association with regard to
the 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.
City Clerk Gafford announced one application
for the position had been received from the
incumbent.
Mayor Hall nominated James Knapp.
Motion by Vice-Mayor Scrivner to ratify the APPROVED
reappointment of James Knapp to a four-year
term on the Bakersfield Redevelopment
Agency, term expiring April 22, 2014.
b. 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.
City Clerk Gafford announced two applications
for the positions had been received from
Thomas McGinnis and Elliott Jacob
Kirschenmann.
Motion by Councilmember Benham to appoint APPROVED
Elliott Kirschenmann as the Ward 2 member to a
four-year term on the Planning Commission,
term expiring April 30, 2014.
Motion by Councilmember Couch to reappoint APPROVED
Tom McGinnis as the Ward 4 member to a four-
year term on the Planning Commission, term
expiring April 30, 2014.
Bakersfield, California, April 21, 2010 - Page 4
7. APPOINTMENTS continued ACTION TAKEN
C. Appointment of City representative and
alternate to the Local Agency Formation
Commission by Vice-Mayor Scrivner, terms
expire May, 2010.
Motion by Vice-Mayor Scrivner to reappoint APPROVED
Councllmember Couch as the City
representative and Councllmember Hanson as
the alternate to a four-year term on the Local
Agency Formation Commission, terms expiring
May, 2014.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 7, 2010
Regular City Council Meeting.
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:
C. Adoption of Ordinance amending Municipal ORD 4618
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
04107110)
Resolutions:
d. Resolution confirming approval by the Assistant RES 046-10
City Manager of the Chief Code Enforcement
Officer's Report regarding assessments of
certain properties in the City for which
structures have been secured against entry or
for the abatement of certain weeds, debris and
waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
Bakersfield, California, April 21, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
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.
RES 047-10
1. Area 2-43 (3220 Ming Avenue) RES 048-10
2. Area 3-81 (2800 Panama Lane)
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 ROI 1663
(2424 Cottonwood Road).
2. ROI No. 1664 to add territory, Area 2-44 ROI 1664
(6320 District Boulevard). ROI 1665
3. ROI No. 1665 to add territory, Area 4-95
(1818 Dracena Street).
g. Sewer connection and construction fees
assessments for 141 Dunlap Street:
1. Resolution confirming assessments for RES 049-10
sewer connection and construction fees
and authorizing the collection of
assessments by the Kern County Tax
Collector.
2. Agreement with Jesse N. Hernandez & AGR 10-045
Sandra V. Hernandez to pay sewer
connection and construction fees in
installments and notice of special
assessment lien.
h. Sewer connection fee assessment for 1913
Wade Avenue:
1. Resolution confirming assessments for RES 050-10
sewer connection fee and authorizing
the collection of assessments by the Kern
County Tax Collector.
2. Agreement with Erik Centeno to pay AGR 10-046
sewer connection fee in installments and
notice of special assessment lien.
Bakersfield, California, April 21, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
i. Emergency repairs to sewer main near the
intersection of 32nd Street and H Street:
1. Amendment No. 1 to Resolution RES 035-10(1)
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
$310,000.
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, AGR 10-047
Inc. (not to exceed $45,000 annually) to
provide utilization review services.
2. Agreement with Comprehensive Care AGR 10-048
Systems (not to exceed $100,000) to
provide nurse case management
services.
k. Amendment No. 1 to Agreement No. 07-063 AGR 07-063(1)
with Steven Hendrix assigning ground lease of
hangar space at the Bakersfield Municipal
Airport to Robert Moore.
AGR 03-181(3)
1. 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:
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.
Bakersfield, California, April 21, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
o. Furnish and Install electrical switchboard at the
Convention Center:
1. Accept bid and award contract to Gold AGR 10-049
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 AGR 10-050
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.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.q.
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.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:24 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7.50 p.m.
RECONVENED MEETING AT 7:57 p.m.
Bakersfield, California, April 21, 2010 - Page 8
10. CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing CITY ATTORNEY
Litigation; Closed Session pursuant to subdivision GIVEN DIRECTION
(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 CITY ATTORNEY
Government Code Section 54957.6. GIVEN DIRECTION
11. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering RES 051-10
the abandonment of excess street dedication
on Newquist Drive and North Gate Drive. (Staff
recommends adoption of resolution.)
b. Public Hearing to consider Amendment No. 2 to RES 133-07(2)
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 RES 052-10
establishing industrial and commercial sewer
service user surcharges for Fiscal Year 2010-11.
(Staff recommends adoption of resolution.)
Consent Calendar Public Hearings opened at
7:58 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 7:58 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Public Hearing items 11.a. through I I.c. AB BENHAM
12. HEARINGS
None.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
Bakersfield, California, April 21, 2010 - Page 9
16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Couch referred to staff
correspondence he received from a constituent
regarding vicious dogs.
Councilmember Sullivan thanked Recreation and
Parks Director Hoover for giving her a tour of the Kern
River Parkway.
Councilmember Sullivan mentioned she saw two
people throwing litter out of their cars and
encouraged everyone to have pride in our city.
Mayor Hall announced that the Great American
Cleanup Day last Saturday was successful, and he
would have more to report at a later date.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:04 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield