HomeMy WebLinkAbout09/08/10_CC_AGENDA_PACKET
o BAKERSFIELD CITY COUNCIL
" AGENDA
MEETING OF SEPTEMBER 8, 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 Imam Ayub Swalleh Haroun, The Islamic Center of San Joaquin Valley.
3. PLEDGE OF ALLEGIANCE by Jared Bae, 4m grade student at Reagan Elementary School.
4. WORKSHOPS
5. PRESENTATIONS
a. Presentation by Vice-Mayor Scrivner of Proclamation to Mayor Harvey L. Hall, 2010
John Brock Community Service Award winner, declaring September 9, 2010 as
Harvey L. Hall Day.
6. PUBLIC STATEMENTS
7. APPOINTMENTS
a. One appointment to the Planning Commission due to the loss of Thomas McGinnis
(Ward 4), whose term was to expire April 30, 2014.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 11, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from July 27, 2010 to August 26, 2010 in the
amount of $35,019,740.84 and self-insurance payments from July 27, 2010 to
August 26, 2010 in the amount of $567,029.49.
Ordinances:
(ward 7) c. Adoption of Ordinance approving the Negative Declaration and amending the
Official Zoning Map In Title 17 of the Municipal Code from A (Agriculture) to R-2/PUD
(Limited Multiple Family Dwelling/Planned Unit Development) on 4.78 acres and from
A to R-1 (One Family Dwelling) on 11.26 acres located along the east side of Stine
Road, between McKee Road and Taft Highway. (GPA/ZC 10-0045) (Applicant Max
P. Bacerra & Associates/Property Owners: Samir & Anu Mohan and Panama Buena
Vista School District) (FR 08111/10)
8. CONSENT CALENDAR continued
(Ward 6) d. Adoption of Ordinance approving a Notice of Exemption and approving the
amendment to Title 17 of the Municipal Code by modifying four conditions of
approval for ZC No. 06-0463 located along the south side of Berkshire Road,
generally west of Ashe Road. (GPA/ZC 10-0157) (Applicant: MSW Architectural &
Engineering, Inc./Property Owner: Moran Development) (FR 08/11/10)
(Ward 4)' e. Adoption of Ordinance amending Title 17 of the Municipal Code from Kern County
Zone Districts A (Exclusive Agriculture), M-2 PD (Medium Industrial - Precise
Development) and R-1 (Low Density Residential) to City Zone District (C-2/PCD
(Regional Commercial/Planned Commercial Development), C-O/PCD (Professional
and Administrative Office/Planned Commercial Development) and M-2 (General
Manufacturing on approximately 323.71 acres generally located southeast and
southwest of the intersection at Coffee Road and Seventh Standard Road.
(GPA/ZC 06-2247 Saco Ranch) (Applicant: McIntosh & Associates/Property Owner:
Bidart Bros.) (FR 08/11/10)
(Ward 2,4) f. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal
Code from R-1 (One Family Dwelling), C-2 (Regional Commercial), OS (Open
Space), M-1 (Light Manufacturing) and M-2 (General Manufacturing) to R-3/PUD
(Multiple Family Dwelling/Planned Unit Development), C-C/PCD (Commercial
Center/Planned Commercial Development) and C-2/PCD (Regional Commercial/
Planned Commercial Development) on approximately 236 acres located north of
Brimhall Road generally east and west of Coffee Road. (GPA/ZC 06-1877 Bakersfield
Commons) (Applicant: Coffee-Brimhall, LLC (Latham & Watkins LLP)/Property Owner:
World Oil Corp.) (FR 08111/10)
Resolutions:
g. Resolution approving Emergency Operations Plan.
(Ward 2) h. Resolution adding territory, Area 4-96 (1300 R Street) to the Consolidated
Maintenance District, confirming the assessment, approving the Public Works
Director's Report and authorizing collection of assessment by the Kern County Tax
Collector.
(Ward 4) i. Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 548 consisting of 570.56
acres located along the south side of Stockdale Highway, west of Renfro Road, east
of Nord Avenue.
(Ward 4) j. Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as 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.
(Ward 4) k. Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 608 consisting of 321.72
acres generally located southeast and southwest of the intersection of Coffee Road
and Seventh Standard Road, west of the Union Pacific Railroad tracks.
2 City Council Meeting of 9/8/2010
8. CONSENT CALENDAR continued
(Ward 7) I. Annexation No. 626 - Compagnoni No. 1:
I . Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 626 consisting of
33.68 acres located along the south side of Taff Highway, on the east and
west side of Compagnoni Street.
2. Agreement with County of Kern regarding apportionment of tax revenues
upon annexation of territory (Annexation No. 626-Compagnoni) to the City.
M. Resolution determining that bidding for City radio communications equipment
cannot be reasonably obtained through the usual bidding procedures because of
the need to integrate into the existing City radio infrastructure and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $111,000.
(Ward 4) n. Purchase of SolarBee solar powered water circulation equipment:
1. Resolution determining that SolarBee solar-powered water circulation and
treatment equipment for a recharge pond cannot be obtained through the
usual bidding procedures and authorizing the Finance Director to dispense
with bidding therefore, not to exceed $45,000.00.
2. Agreement with SolarBee, Inc. (not to exceed $45,000) for the purchase,
delivery and startup of a solar powered water circulation device for the lakes
located at the Park at River Walk.
3. Appropriate $45,000 Domestic Water Fund Balance to the Water Resources
Department Operating Budget.
(Ward 7) o. Sewer connection fee assessments for 1801 Wade Avenue:
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with B.F. Slag, LLC (Agent, William A. Beeghly) to pay sewer
connection fee in installments and notice of special assessment lien.
Agreements:
(Ward 4) p. Transportation Impact Fee Agreements with Towery Homes, Inc. for:
1. Improvements on Renfro Road (not to exceed $17,018).
2. Improvements on Jewetta Avenue (not to exceed $141,319).
(Ward 7) q. Common Use Agreement with Kern Delta Water District for right of entry to Hosking
Avenue Canal Crossing at Kern Island Canal to maintain a canal crossing as well as
existing pavement, curb gutter and sidewalk and future improvements on Hosking
Avenue at South H Street.
(Ward 2) r. Agreement with Bethany Services/Bakersfield Homeless Center ($62,000 ESG funds)
to support the operating costs for facility located at 1600 E. Truxtun Avenue.
(Ward 2) s. Agreement with Bakersfield Rescue Mission ($62,000 ESG funds) to support the
operating costs for facility located at 816 E. 21 st Street.
3 City Council Meeting of 9/8/2010
8. CONSENT CALENDAR continued
(Ward 2) t. Agreement with Alliance Against Family Violence and Sexual Assault ($16,024 ESG
funds) to support the operating costs to continue services (administrative address -
1600 E. Truxtun Avenue).
(Ward 2) U. Agreement with SMG ($60,000) to reimburse costs associated with renting the
Rabobank Arena for the Christian Congregation of Jehovah's Witnesses 2011
conventions.
(Ward 2) v. Assignment Agreement with Bakersfield Redevelopment Agency ($1,400,000 HOME
Investment Partnership funds) for the housing component of a mixed use building
located at 525 19th Street.
W. Agreement with Griswold, LaSalle, Cobb, Dowd & Gin, LLP ($260,000) for legal
services for Thomas Road Improvement Projects, (TRIP)
(Ward 2) X. Amendment No. 4 to Agreement No. 06-324 with RM Industries ($80,000; revised
not to exceed $400,000 and extend term one year) for Amtrak Station janitorial and
hardscape maintenance.
Y, Amendment No. 1 to Agreement No. 09-122 with Granite Construction Co. ($500,000;
revised not to exceed $1,000,000 and extend term one year) for HUD street materials.
Z. Amendment No, 2 to Agreement No. 08-237 with Pickinpaugh Concrete
Construction, Inc, ($100,000; revised not to exceed $200,000 and extend term for one
year) for block wall repair.
(Ward 2,4-6) aa. Amendment No. 4 to Agreement No. 05-008 with Kennedy/Jenks Consultants
($8,500; revised not to exceed $516,400) to further analyze the effects of the
proposed South Bakersfield Water Treatment Plant on southern portion of the City's
Domestic Water System.
Bids:
(Ward 6) bb. Median Island Improvements, Hosking Avenue from Fighting Irish Drive to Tobias
Creek Way:
1. Accept bid and approve contract with Clean Cut Landscape ($55,060).
2. Appropriate $27,614 developer share of project costs and $32,386 Gas Tax
Fund Balance to the Public Works Department Capital Improvement Budget
within the Gas Tax Fund.
(Ward 1) cc. Accept bid and approve contract with Brown & Fowler Construction, Inc. ($284,743)
for the construction of the Lowell Park Restroom Facility,
(Ward 3,4) dd. Accept bid and approve contract with Sterndahl Enterprises, Inc. ($41,187.80) to
construct bike lanes - various streets.
(Ward 1) ee. Accept bid and approve contract with Kern Pacific Construction ($146,542) to
construct Sewer Rehabilitation - Owens Street Project.
ff. Accept bid and approve annual contract with Crop Production Services (not to
exceed $375,898.94) for the supply of chemical insecticides/herbicides.
4 City Council Meeting of 9/8/2010
8. CONSENT CALENDAR continued
gg. Accept bid from Golden State Peterbilt ($312,845.03) for two replacement front
loader refuse truck cab and chassis for the Solid Waste Division.
hh. Accept bid from Golf Ventures West ($143,914.55) for two replacement and one
additional diesel powered rotary mowers for Recreation and Parks.
ii. Accept bid from Jim Burke Ford ($357,625.16) for four replacement aerial lift trucks for
the General Services Division.
Miscellaneous:
jj. Appropriate $345,492 Federal Grant Revenues (Avoid the 18 DUI Campaign - Kern
County) from the State Office of Traffic Safety to the General Fund Police
Operating Budget to fund overtime for traffic enforcement strategies, temporary
clerical help, and to purchase equipment, checkpoint supplies and services for the
Police Department Traffic Division.
kk. Appropriate $489,445 Federal Grant Revenues (Selective Traffic Enforcement
Program) from the State Office of Traffic Safety to the General Fund Police
Operating Budget to fund overtime for traffic enforcement strategies and to
purchase checkpoint supplies and services for the Police Department Traffic Division.
II. Appropriate $382,488 State Grant Revenues (CAL-GRIP Grant from the Office of
Emergency Services) to the General Fund Police Operating Budget to implement a
Safe Community Partnership Strategy to reduce gang violence.
mm. Department of Housing & Urban Development (HUD), HOME Investment Partnership
Action Plan Amendment No. 2 (FY 10/11); Amendment No. 12 (FY 08/09) and
Amendment No. 6 (FY 05/06).
1. Transfer $450,981 HOME Investment Partnership Contingency funds and
$155,000 Housing Urban Bakersfield funds within the Operating Budget in the
HOME Fund for the 19th Street Mixed Use Project.
2. Transfer $33,484 Home New Construction Assistance funds from the Capital
Improvement Budget to the Operating Budget within the HOME Fund for the
19th Street Mixed Use Project.
Staff recommends adoption of Consent Calendar items 8.a. through 8. mm.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. CLOSED SESSION
a. Conference with labor negotiator pursuant to Government Code Section 54956.6.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
5 City Council Meeting of 9/8/2010
12. HEARINGS
a. Impasse Hearing for Fire Labor negotiations pursuant to Municipal Code Section
2.76.130.
1. Resolution approving adoption of terms and conditions of employment for the
Firefighters and Engineers Unit and the Fire Supervisory Unit of the Fire
Department.
Staff recommends adoption of resolution.
13. REPORTS
14. DEFERRED BUSINESS
a. Accept bid and approve annual contract with Jim Alfter, Cement Contractor (not to
exceed $2,209,172) for concrete construction.
Staff recommends acceptance of bid and award contract.
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
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/ Alan Tandy
City Manager
9/1/10 4:35pm
6 City Council Meeting of 9/8/2010
AGENDA HIGHLIGHTS
September 8, 2010 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
APPOINTMENTS
There will be one (1) appointment to the Planning Commission.
CONSENT CALENDAR
Resolutions
Items 81- 81. Resolutions Approving Applications for Annexation Proceedings. After a period of
interruption, there has been recent progress in moving forward with the processing of
annexation applications. This agenda includes four (4) resolutions for City Council approval:
#548 (Stockdale Ranch No. 15), south of Stockdale Highway, west of Renfro Road, east of Nord
Avenue; #601 (Hageman No. 6), at the southeast corner of Allen and Hageman Roads; #608
(Saco No. 1) southeast and southwest of the Coffee and Seventh Standard Road intersection;
and #626 (Compagnoni No. 1), south of Taft Highway, east and west of Compagnoni Street.
Agreements
Item 8v. Assignment Agreement with the Bakersfield Redevelopment Agency for an affordable
housing l2roject at 525 19th Street A mixed use building will be constructed just east of the Mill
Creek Linear Park by 19th Street Commercial Plaza, LLC. This action is to request City Council
approval to allow the Redevelopment Agency to administer $1,400,000 in HOME Investment
Partnership Funds, for the housing component of the project, in compliance with HUD
regulations.
Bids
Items 8gg. - 811. Purchase of Automotive and Mowing Equipment These items include the
purchase of various City vehicles and mowing equipment, including two (2) replacement front
loader refuse truck cabs and chassis for the Solid Waste Division; two (2) replacement and one
(1) additional diesel powered rotary mowers for Recreation and Parks; and four (4) replacement
aerial lift trucks for the General Services Division. Funds for these purchases are available in the
equipment replacement fund.
CLOSED SESSION
There will be a conference with the Labor Negotiator.
HEARINGS
Item 14c. Impasse Hearing for Fire labor Negotiations Pursuant to Bakersfield Municipal Code
2.76.130. Negotiations with the Bakersfield Firefighters Labor Organization (BFLO) for a new
memorandum of Understanding (MOU) began in January 2008 and continued through August
11. 2010. The City presented a "Last, Best, and Final Offer" to the BFLO on August 2, 2010, and
again on August 11, 2010. The BFLO officially rejected the Offer on August 11, 2010, and
impasse was declared. Both sides have waived the Impasse Meeting before the City Manager
and have agreed to move to the Impasse Hearing before the City Council.
Unlike any other City agreement, the BFLO MOU mandates staffing levels of sworn personnel
and removes it from the City Council's authority, which allows the Council very little flexibility to
reduce operational costs. The Fire Department has been significantly less impacted by staffing
and other reductions and remains well below the budget reductions contributed by other City
departments, including the Police Department. Implementation of the City's Last, Best, and
Final Offer will allow the flexibility to enact the Fire Chief's preferred staffing alternative to
achieve necessary savings in the 2010-11 budget. The savings will result from a more efficient
use of existing staff that will allow for a significant reduction of overtime costs associated with
rigid staffing requirements. This action will not result in layoffs of sworn fire personnel. Adoption
of the Resolution Imposing the Last Best and Final offer by the Council will allow Fire Station No.
14 to remain open and will balance the 2010-11 budget. If the Resolution is not adopted, the
only option is to close Fire Station No. 14 to balance the budget.
DEFERRED BUSINESS
Item 14a. Accept Bid and Abaroval of Contract with Jim Alfter Cement Contractor for
Concrete Construction, in an amount not to exceed $2,209,172. On July 15, 2010 invitations to
bid for the Annual Contract for concrete construction were sent to over five hundred (500)
suppliers. Three (3) bids were received in response to this solicitation, with Jim Alfter Cement
Contractor being the lowest. On July 30, 2010 a written bid protest was received regarding this
contract, which prompted a thorough review by the Finance Department; no irregularities were
found. Subsequently, a second written bid protest was received on August 11, 2010. The City
Council requested that this item be deferred from the August 11, 2010 agenda to allow more
time to provide requested records and for the protestor to examine them. After another
extensive review, staff found no irregularities and has determined that the low bid submitted by
Jim Alfter Cement Contractor is acceptable and recommends award of the contract.
Approved:
Alan Tandy, City Manager 7 ~~S
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - September 8, 2010 Council Meeting
Page 2
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ADMINISTRATIVE
REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Presentations
ITEM: 5. a,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAU=/
DATE: August 27, 2010 CITY ATTORNEY D
CITY MANAGER ~S
SUBJECT: Presentation by Vice-Mayor Scrivner of Proclamation to Mayor Harvey L. Hall, the 2010
John Brock Community Service Award winner, declaring the date September 9, 2010 as
Harvey L. Hall Day in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Appointments
ITEM: , a ,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: August 25, 2010 CITY ATTORNEY
CITY MANAGER )eS
SUBJECT: One appointment to the Planning Commission due to the loss of Thomas McGinnis
(Ward 4), whose term was to expire April 30, 2014.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Planning Commission due to the loss of Thomas McGinnis. The
news release for this recruitment was posted on July 19, 2010.
An application for appointment has been received from the following:
• Barbara Lomas
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of
nomination. In accordance with this ordinance, the appointment shall be made by the
Councilmember of Ward 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.
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August 25, 2010, 8:39AM
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ADMINISTRATIVE REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEADA 14
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DATE: August 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the August 11, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: <
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 26, 2010 CITY ATTORNEY -
CITY MANAGER iGJ
SUBJECT: Approval of department payments from July 27, 2010 to August 26, 2010 in the
amount of $35,019,740.84 and Self Insurance payments from July 27, 2010 to
August 26, 2010 in the amount of $567,029.49.
RECOMMENDATION:
Staff recommends approval of payments totaling $35,586,770.33
BACKGROUND:
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August 26, 2010, 3:59PM
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ADMINISTRATIVE REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: August 20, 2010 CITY ATTORNEY p~
CITY MANAGER ICJ
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing
the zone district from A (Agriculture) to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 4.78-acres and from A (Agriculture) to
R-1 (One Family Dwelling) on 11.26-acres, located along the east side of Stine
Road, between McKee Road and Taft Highway (ZC 10-0045- Max P. Bacerra &
Associates, representing Samir & Anu Mohan and Panama Buena Vista School
District, the property owners). (Ward 7 upon annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 11, 2010.
The proposed project includes three parcels of land located along the east side of Stine
Road, between McKee Road and Taft Highway. The project site consists of 16.04-total acres.
A zone change from A to R-2/PUD is requested for the development of a 60 unit apartment
complex on a 4.78-acre parcel. The remaining 11.26-acres are fully developed with the
Panama Elementary School and bus/storage facility. The school district requested a change
in zoning to R-1 to be consistent with the existing land use designation.
The Planning Commission conducted a public hearing regarding this zone change on June
17, 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.
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 May 24, 2010, in accordance with CEQA.
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: , CI
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: August 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of Ordinance approving a Notice of Exemption and approving the
amendment to Title 17 of the Bakersfield Municipal Code by modifying four
conditions of approval for zone change 06-0463, located along the south side
of Berkshire Road, west of Ashe Road (ZC 10-0157, MSW Architectural &
Engineering, Inc., representing Moran Development, the property owner).
(Ward 6).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 11, 2010.
The 78.33-acre project site is located along the south side of Berkshire Road, west of Ashe
Road and north of McCutchen Road. In 2006, the property owner submitted zone change
06-0463 requesting a change in zoning from agriculture to urban uses. The Bakersfield City
Council approved the changes to the zoning on December 13, 2006 (by Ordinance 4403).
No development has occurred on the project site.
The property owner is requesting to modify four conditions previously approved for zone
change 06-0463. Changes proposed to conditions 5a, 7, 8 and 11 will allow offsite street
improvements and median fees to be apportioned with the phasing of development. This
proposal does not eliminate any of the offsite improvement requirements and is consistent
with past practice by the city as development occurs. The Public Works Department concurs
with the revised language.
The Planning Commission conducted a public hearing regarding these condition changes
on June 17, 2010, and recommended approval to the City Council. No individuals or
agencies opposed the request.
Significant environmental impacts were not identified with the project proposal; therefore, a
Notice of Exemption was prepared by staff for the project site. The Notice of Exemption was
prepared on May 24, 2010 in accordance with CEQA.
dl\S:\GPAs\GPA 2nd 2010\10-0 157\AdminSR\Admin Report 10-0157 2nd Reading.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: 2
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: August 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance amending the Official Zoning Maps in Title 17 of the
Municipal Code by changing the zone districts from Kern County A (Exclusive
Agriculture), M-2 PD (Medium Industrial - Precise Development) and R-1 (Low
Density Residential) to City C-2/PCD (Regional Commercial/Planned
Commercial Development), C-O/PCD (Professional and Administrative
Office/Planned Commercial Development) and M-2 (General Manufacturing)
on approximately 323.71 acres, generally located southeast and southwest of
the intersection of Coffee Road and Seventh Standard Road. (ZC 06-2247,
McIntosh & Associates - Applicant, representing Bidart Bros. - property owner.
(Ward 4 Upon Annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on August 11, 2010.
The project, known as Saco Ranch, would allow for approximately 1,459,500 square feet of
retail commercial on 165.96 acres of C-2/PCD (Regional Commercial/Planned Commercial
Development), 332,000 square feet of office uses on 30.52 acres of C-O/PCD (Professional
and Administrative Office/Planned Commercial Development), and 1,376,496 square feet of
industrial on 127.23 acres of M-2 (General Manufacturing). The proposed project is
anticipated to commence in late 2011 and be completed in four phases, with project
buildout projected for 2030.
The 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 Environmental
Impact Report (EIR) was prepared. Staff and the Planning Commission recommend
certification of the Final EIR and accompanying mitigation monitoring and reporting
program, adoption of CEQA findings, and a statement of overriding considerations as
required pursuant to State CEQA Guidelines Sections 15091 and 15093. City Council certified
the EIR on August 11, 2010.
CG - S:\GPAs\GPA 2nd 2010\EIR 06-2247 (Saco Ranch EIR)\Staff Reports\Admin Report 2nd Reading.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: 7,f.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: August 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance amending the Official Zoning Maps in Title 17 of the
Bakersfield Municipal Code from R-1 (One Family Dwelling), C-2 (Regional
Commercial), OS (Open Space), M-1 (Light Manufacturing), and M-2 (General
Manufacturing) to R-3/PUD (Multiple Family Dwelling/Planned Unit
Development), C-C/PCD (Commercial Center/Planned Commercial
Development), and C-2/PCD (Regional Commercial/Planned Commercial
Development) on approximately 236 acres, located north of Brimhall Road
generally east and west of Coffee Road. (ZC No. 06-1877, Coffee-Brim hall, LLC
c/o Latham & Watkins LLP - applicant, representing World Oil Corporation -
property owner, Wards 2 and 4.)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 11, 2010.
The project, known as Bakersfield Commons, would allow for the development of 1,400,000
square feet of retail commercial on 67 acres and 600,000 square feet of office commercial
on 144 acres. The proposal also includes development of 345 multi-family dwelling units on
24 acres and 80 single-family dwelling units 19 acres. Additionally, 20 acres of land will be
reserved to accommodate an existing overhead electrical transmission corridor and
drainage area. The proposed project site is anticipated to commence in late 2011 and be
completed in three phases, with project build-out projected for 2035.
The 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 Environmental
Impact Report (EIR) was prepared. Staff and the Planning Commission recommend
certification of the Final EIR and accompanying mitigation monitoring and reporting
program, adoption of CEQA findings, and a statement of overriding considerations as
required pursuant to State CEQA Guidelines Sections 15091 and 15093. City Council certified
the EIR on August 11, 2010.
KS S:\GPAs\GPA 3rd 2009\06-1877 (Bakersfield Common EIR)\CC\2nd Admin..doc
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ADMINISTRATIVE REPORT
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MEETING DATE: September 3, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AP ROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD tt
DATE: August 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Approving Emergency Operations Plan
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Bakersfield Municipal Code Chapter 2.40 authorizes the Bakersfield Disaster Council to develop
an Emergency Operations Plan (EOP) which shall take effect upon adoption by resolution of the
City Council. The Council formally adopted an EOP in November, 1996 and a new Plan in
December, 1999. In order to ensure the City remains eligible to receive disaster assistance, the
City's EOP must comply with National Incident Management (NIMS) and California's
Standardized Emergency Management System (SEMS).
The Emergency Operations Plan is on file with the Bakersfield City Clerk. The revision is based on
guidance by California Emergency Management Agency (Cal EMA), Federal Emergency
Management Agency (FEMA) and Department of Homeland Security (DHS).
SC
August 25, 2010, 10:13AM
C:\DOCUME-1\cblair\LOCALS-1\Temp\XPgrpwiseWdmin Report Reso on EOP 2010.doc
BAKE[t~ Q~ycoBPOn,f~`rsC~
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding territory, Area 4-96 (1300 R Street) to the Consolidated
Maintenance District, confirming the assessment, approving the Public Works
Director's Report and authorizing collection of assessment by the Kern County Tax
Collector. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On June 30, 2010, the Council adopted Resolution of Intention No. 1672 adding
the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. The area will be under park and/or streetscape
zones of benefit and will be assigned the appropriate tier levels when parks and/or street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
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.
/Ps
G:\GROUPDAT\ADMINRPT\2010\09-08\Res Estab MD 4-96 Admin.docx
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ADMINISTRATIVE REPORT
1
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: August 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 548 consisting
of 570.56 acres located along the south side of Stockdale Highway, west of
Renfro Road, east of Nord Avenue. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited
territory to the City of Bakersfield. Annexation No. 548 (also known as Stockdale Ranch)
consists of 570.56 acres of land, located along the south side of Stockdale Highway, west
of Renfro Road, east of Nord Avenue. The applicant is proposing annexation to receive
city services for development of approximately 3,583 residential dwelling units, 941,700
square feet of general commercial and business park uses, 276,500 square feet of
general commercial uses and approximately 20 acres of land for open space and parks.
City Council certified an EIR for this project on August 11, 2010.
The site is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The proposal is to annex the property
for development purposes and to receive city services.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 05-015) between the City of
Bakersfield and County of Kern.
DL:dc
S:\Annexation\Res of Applic\Admin Draft548.doc
A
ADMINISTRATIVE REPORT
s
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: August 24, 2010 CITY ATTORNEY
CITY MANAGER
/V of/
SUBJECT: Resolution approving application proposing proceedings for annexation
uninhabited territory to the City identified as 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. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On April 7, 2010, Bakersfield City Council adopted Resolution 040-10 to initiate
proceedings for Annexation No. 601 - Hageman No. 6. The territory proposed for
annexation consists of 19.72 acres and is located at the southeast corner of Allen Road
and Hageman Road, east of the A.T. & S.F. Railroad tracts. This territory is adjacent to the
City limits, is within the City's Sphere of Influence boundary, and is undeveloped. The
property owners requested annexation for development purposes and to receive city
services.
The original annexation application was delivered to LAFCo on May 21, 2010. LAFCo's
notice of filing prompted the Kern County Auditor-Controller-County Clerk on June 3,
2010 to issue the letter that starts the 60-day time period during which the City and
County commence negotiations pursuant to the Memorandum of Understanding relative
to the exchange of property tax revenues (MOU - City Agreement #05-015 and County
Agreement #119-2005, dated February 15, 2005). The deadline to adopt all tax revenue
exchanges was set as August 2, 2010. ,
On July 7, 2010, the Kern County Administrative Office (CAO) indicated there were some
"concerns" with the development potential of this property, which is currently vacant,
due to its commercial zoning and that the tax revenue exchange paperwork would not
be processed until further review was conducted. It is important to note that two other
annexations, Annexation No. 606 - McKee No. 6 and Annexation No. 613 - McKee No. 7,
fell within the same 60-day negotiation period and the paperwork was processed with
the Board of Supervisor's adoption of the respective resolutions on July 13, 2010. Staff in
ADMINISTRATIVE REPORT
Page 2
the City Manager's Office followed up with the CAO on July 30, 2010 to determine the
status of this annexation proposal since the 60-day deadline was on August 2, 2010. CAO
staff indicated they were unaware of the impending deadline. The tax revenue
exchange paperwork was not processed by the County, therefore causing LAFCo to
issue a notice, dated August 4, 2010, to the City that the annexation proceedings were
terminated.
CAO staff reviewed the file on this annexation and determined there are no longer any
"concerns" with the development potential of this property and that the tax revenue
exchange paperwork will be processed pursuant to the Memorandum of Understanding
relative to the exchange of property tax revenues (MOU - City Agreement #05-015 and
County Agreement # 119-2005, dated February 15, 2005) during the next 60-day tax
revenue exchange negotiation period. The next step is to adopt this resolution to allow
the City to submit another application to LAFCo, thus reviving the annexation proposal.
AT:rk
S:\Rick Kirkwood\Annexation\601 - Hageman No 6\601 - Admin Report to Resubmit Application.doc
~~CA ORAT
ADMINISTRATIVE REPORT
C1 L♦
1
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: August 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 608 consisting
of 321.72 acres generally located southeast and southwest of the
intersection of Coffee Road and Seventh Standard Road, west of the Union
Pacific Railroad tracks. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited
territory to the City of Bakersfield. Annexation No. 608 (also known as Saco Ranch)
consists of 321.72 acres of land. The project site is generally located southeast and
southwest of the intersection of Coffee Road and Seventh Standard Road, west of the
Union Pacific Railroad tracks. The applicant is proposing annexation to receive city
services for development consisting of approximately 1,459,500 square feet of retail
commercial, 332,000 square feet of office uses, and 1,376,496 square feet of industrial
uses. City Council certified an EIR for this project on August 11, 2010.
The site is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The proposal is to annex the property
for development purposes and to receive city services.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 05-015) between the City of
Bakersfield and County of Kern.
DL:dc
S:\AnnexationVes of Applic\Admin Draft608.doc
9 ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: L
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: August 26, 2010 CITY ATTORNEY ~Y-
CITY MANAGER
SUBJECT: Annexation No. 626 - Compagnoni No. 1
1. Resolution approving application proposing proceedings for annexation
of uninhabited territory to the City identified as Annexation No. 626
consisting of 33.68 acres located along the south side of Taft Highway,
on the east and west side of Compagnoni Street. (Ward 7)
2. Agreement between the City of Bakersfield and the County of Kern
regarding apportionment of tax revenues upon annexation of territory to
the City of Bakersfield as Annexation No. 626 located along the south
side of Taft Highway, on the east and west side of Compagnoni Street.
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the agreement.
BACKGROUND:
On March 24, 2010, Bakersfield City Council adopted Resolution 033-10 to initiate
proceedings for Annexation No. 626 - Compagnoni No. 1. The territory proposed for
annexation consists of 33.68 acres and is located along the south side of Taft Highway, on
the east and west side of Compagnoni Street. This territory is adjacent to the City limits, is
within the City's Sphere of Influence boundary, and consists of twenty (20) parcels of
land. Nineteen (19) parcels have property owner consent to annexation and, to create
a logical boundary, one (1) parcel was included without written property owner consent.
The proposal is to annex the land for development purposes and receive city services.
The original annexation proceedings were terminated by the Local Agency Formation
Commission (LAFCo) on July 12, 2010. The following serves as a summary of the important
steps in the process to date that led up to the termination of the proceedings and this
request to submit a new application to LAFCo:
The original annexation application was delivered to LAFCo on April 23, 2010. LAFCo's
notice of filing prompted the Kern County Auditor-Controller-County Clerk on May 13,
ADMINISTRATIVE REPORT
Page 2
2010 to issue the letter that starts the 60-day time period during which the City and
County commence negotiations pursuant to the Memorandum of Understanding relative
to the exchange of property tax revenues (MOU - City Agreement #,05-015 and County
Agreement # 119-2005, dated February 15, 2005). The deadline to adopt all tax revenue
exchanges was set as July 12, 2010.
On May 13, 2010 the Kern County Administrative Office (CAO) penned a letter that
stated it disagrees with the City's determination that the annexation meets the criteria of
the MOU. The letter stated:
...the above referenced annexation is outside of the scope of the agreement between
the City and the County for the standard exchange of property taxes. As such, the tax
revenues related to this proposal will require the City and the County to arrive at a
reasoned tax revenue exchange.
A subsequent letter from the CAO, dated May 20, 2010, provided the County's basis for
disagreement as it stated, "...the subject property produces significant tax revenue as
defined in Section A.2 of the Memorandum of Understanding between the City and the
County regarding annexations and therefore a separate negotiation must occur as
provided in paragraph 11."
In a letter, dated May 25, 2010, the City requested the County provide the sales tax data
so the City could draft a "reasoned tax revenue exchange" for the County's
consideration. This information was eventually received in a letter from the CAO, dated
June 10, 2010. The City Manager produced a proposal that was delivered to the CAO in
a letter, dated June 28, 2010, which provided adequate time for the County's
consideration and preparation to present the proposal to the Board of Supervisors, for
adoption at its July 7, 2010 meeting. The CAO did not present the City's proposal to the
Board of Supervisors until the July 13, 2010 meeting. When the item came up for
consideration, it was immediately deferred to the August 3, 2010 meeting.
As stated above, the deadline to adopt all tax revenue exchanges was set by the Kern
County Auditor-Controller-County Clerk as July 12, 2010. Since this deadline had passed,
LAFCo issued a notice, dated July 14, 2010, to the City that the annexation proceedings
were terminated.
Although the annexation proceedings were terminated, the City continued to work with
the parties in interest, including property owners, developers, the State Department of
General Services and California Highway Patrol to resolve any issues. It is important to
note that one element of this project is a new California Highway Patrol facility which is
being characterized by State officials as being extremely important and that it is critical
this project receives sewer service. Annexation is necessary to receive sewer service from
the City.
The next step is to adopt the resolution to allow the City to submit another application to
LAFCo, thus reviving the annexation proposal. The agreement embodies the accord the
City and County have reached related to the exchange of tax revenues for this
annexation, including the terms of the City's counterproposal transmitted on August 12,
2010. LAFCo has indicated that a majority of the original application material may still be r
ADMINISTRATIVE REPORT
Page 3
used, thus reducing the amount of time needed to process the application. Once the
next 60-day tax revenue exchange negotiation period is initiated, the City and County
will be prepared to immediately process the necessary paperwork to be transmitted to
LAFCo.
AT:rk
SARick Kirkwood\Annexation\626 - Compangnoni No 1\626 - Admin Report to Resubmit Application and Adopt
Agreement - 082610.doc
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ADMINISTRATIVE REPORT
P
c LIFO
MEETING DATE: September 8, 2010 AGENDA SECTION: C0n5entCcL,(fAdcw'
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
A
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution determining that bidding for City radio communications equipment
cannot be reasonably obtained through the usual bidding procedures because
of the need to integrate into the existing City radio infrastructure and authorizing
the Finance Director to dispense with bidding therefore, not to exceed $111,000.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The Federal Communications Commission (FCC) has mandated that as
of December 31, 2012, all radio licensees in those bands below 512 MHz operate their
radio channels in the new narrowband configuration of 12.5 KHz bandwidth. Police,
Fire, Public Works, and Water radio channels fall within that spectrum.
The existing Motorola radio infrastructure equipment was purchased and installed
between 1988 and 1996 and is not capable of the narrowband operation mandated
by the FCC. All City mobile, portable, and base station radios must be compatible with
Motorola infrastructure equipment.
Sufficient funds are budgeted to purchase this equipment.
WH/ch
G:\GROUPDAT\ADMINRPT\2010\09-08\FY10-11 Narrowbanding.doc
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ADMINISTRATIVE REPORT
(1 Y h
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: Fj . .
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD t
DATE: August 27, 2010 CITY ATTORNEY 16-1
CITY MANAGER_ )PIS
SUBJECT: Purchase of SolarBee Solar-Powered Water Circulation Equipment. (Ward 4)
1) Resolution determining that SolarBee solar-powered water circulation and treatment
equipment for a recharge pond cannot be obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding
therefore, not to exceed $45,000.00.
2) Agreement with SolarBee, Incorporated, not to exceed $45,000.00 for the
purchase, delivery and startup of a solar-powered water circulation device for the
lakes located at the Park at River Walk.
3) Appropriate $45,000.00 Domestic Water Fund Balance to the Water Resources
Department Operating Budget.
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement and
appropriation.
BACKGROUND: The Water Resources Department is requesting to purchase a solar-powered water
circulation and treatment device from SolarBee Pump Systems, Inc. This new equipment will be utilized to
help eliminate an ongoing weed and algae problem in the two lakes located at the Park at River Walk. The
department is current utilizing three (3) of these SolarBee solar-powered water circulation devices in the
two recharge basins adjacent to Truxtun Extension. The water circulation devices have been utilized in the
two Truxtun Lakes since 2006 and is doing an effective job in reducing moss and green/blue algae in both
basins. This alternate method of maintenance reduces the amount of chemical application necessary to
control invasive weeds and other submerged aquatic vegetation that normally appears within these types
of basins. Staff estimates that at a minimum the department is currently spending at least $15,000
annually for Copper Sulfate treatments at the River Walk Park Lakes.. At this spending level the
equipment will pay for itself in three to four years based on the annual savings in chemical cost. Moreover,
to the extent possible it is always our preference to limit the amount of chemical treatment utilized in our
recharge facilities that are linked directly into our domestic water distribution system.
Since SolaeBee, Inc. is the exclusive manufacturer of this equipment and the sole licensee of this
technology, staff is recommending adoption of the resolution to dispense with bidding and authorize the
Finance Director to purchase the equipment for an amount not to exceed $45,000.
A [~~yconPUYr31~
ADMINISTRATIVE REPORT
MY'L
LIFO
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 10, 2010 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Sewer connection fee assessments (Ward 7):
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with B.F. Slag, LLC (Agent, William A. Beeghly), 1801 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 1801 Wade Avenue desires to connect the
above referenced 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 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
fee in five equal payments over the next five years.
G:\GROUPDAT\ADMINRPT\2010\09-08\SewerConFee_1801 Wade Ave.doc
~F B ORA
ADMINISTRATIVE REPORT
q~1 0
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: 6
TO: Honorable Mayor and City Council A PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 20, 2010 CITY ATTORNEY D kkx)
,
CITY MANAGER )C_.)
SUBJECT: Transportation Impact Fee Agreements with Towery Homes, Inc. for:
1. Improvements on Renfro Road (not to exceed $17,018). (Ward 4)
2. Improvements on Jewetta Avenue (not to exceed $141,319). (Ward 4)
RECOMMENDATION: Staff recommends adoption of agreement.
BACKGROUND: Towery Homes, Inc. is developing Tentative Tract 6429 located on the northwest
corner of Madison Michelle Way and Renfro Road. Development of said land requires the
construction of improvements on Renfro Road that are eligible for Transportation Impact Fee
credit. The total amount of credit from the Transportation Impact Fee Facilities List (Facilities List)
apportioned to this project is $17,018.00. This amount was based upon the value of
improvements as listed on the Facilities List. The developer has requested that the transportation
impact fee credit available from these improvements be applied to impact fees due on
Tentative Tract 6364.
Towery Homes, Inc. is also developing Tentative Tract 6153 located on the southwest corner of
Jewetta Avenue and Reina Road. Development of said land requires the construction of
improvements on Jewetta Avenue that are eligible for Transportation Impact Fee credit. The
total amount of credit from the Transportation Impact Fee Facilities List (Facilities List)
apportioned to this project is $141,319.00. This amount was based upon the value of
improvements as listed on the Facilities List. The developer has requested that the transportation
impact fee credit available from these improvements be applied to impact fees due on
Tentative Tract 6364.
/Ps
G:\GROUPDAT\ADMINRPT\2010\09-08\TIF credit agr Towery Homes T6429 T6153.docx
BA Ej
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
v,
DATE: August 23, 2010 CITY ATTORNEY D~
CITY MANAGER F
SUBJECT: Common Use Agreement with Kern Delta Water District for right of entry to Hosking
Avenue Canal Crossing at Kern Island Canal to maintain a canal crossing as well
as existing pavement, curb gutter and sidewalk and future improvements on
Hosking Avenue at South H Street (Ward 7).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: An existing box culvert accommodating the Kern Island Canal at the above
referenced location was built in 2004. The extension was a condition for development of Tract
5491. The project has since been completed. However, a Common Use Agreement document
with Kern Delta Water District was never executed. This agreement rectifies that oversight.
The Common Use Agreement outlines the roles and responsibilities of both the City and the
District. It provides for the right of entry by the City of Bakersfield onto Kern Delta Water District's
property to construct, install, maintain, operate, inspect, repair, replace and remove the
existing box culvert crossing.
The City also has a Capital Improvement Project budgeted for this fiscal year to construct a
traffic signal at this location. The execution of the agreement at this time will allow for right of
entry to construct and maintain the traffic signal as well.
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PW/Design Engineering/T7K142
G:\GROUPDAT\ADMINRPT\2010\09-08\Admin TOK229 Common Use Agreement KDWD.docx
BAKE
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4,P ADMINISTRATIVE REPORT
G10
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.v-.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
y*
DATE: August 18, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Bethany Services/Bakersfield Homeless Center for $62,000
of Emergency Shelter Grant funds to support the operating costs for facility
located at 1600 East Truxtun Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Bethany Services/Bakersfield Homeless Center (BHC) has provided essential services to the
homeless families in Bakersfield for more than 37 years. The goal of BHC is to help homeless
families transition to stable, self sufficient community living. The facility operates 24 hours a
day.
The City has provided Emergency Shelter Grant (ESG) funds to BHC since 1995. The purpose
of these funds is to improve the quality of existing shelters for the homeless in addition to having
the shelters provide services to prevent homelessness.
In the Fiscal Year 2010/11 Action Plan process ESG funding for BHC was budgeted for
$62,000. The allowable expenses include staffing costs, utilities, office supplies, telephone
costs, insurance, occupancy products, building maintenance supplies, equipment maintenance,
and janitorial services.
With this agreement, staff will continue its streamlined invoicing process. The goal is to provide
BHC with a detailed written procedure to minimize the time its staff will spend on preparing
claims for payment. There will be a workshop in the Fall to provide guidance to BHC and other
agencies receiving 2010/11 funding. This process will help these agencies continue to be more
efficient and assure City staff can quickly process claims.
S:Wdmins\City Council\City Council Admins 2010\13HC Admin ESG 2010-11.docx
8/18/2010 1:48 PM
J ADMINISTRATIVE REPORT
~tVAR'r 1.'~
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 17, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Bakersfield Rescue Mission for $62,000 of Emergency
Shelter Grant funds to support the operating costs for facility located at 816 E.
21St Street. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The goal of the Bakersfield Rescue Mission (BRM) is to help homeless persons transition to
stable, self sufficient community living. BRM has provided essential services to the homeless
persons of Bakersfield for more than 59 years. The facility operates 24 hours a day and was
formerly known as Homeless Intervention Services, Inc.
The City has provided Emergency Shelter Grant (ESG) funds to BRM since 2000. The purpose
of these funds is to improve the quality of existing shelters for the homeless in addition to having
the shelters provide services to prevent homelessness.
In the Fiscal Year 2010/11 Action Plan process ESG funding for BRM was budgeted for
$62,000. The allowable expenses include staffing costs, utilities, office supplies, telephone
costs, insurance, occupancy products, building maintenance supplies, equipment maintenance,
and janitorial services.
In order to ensure compliance with this agreement, staff will continue its streamlined invoicing
process. The goal is to provide BRM with a detailed written procedure to minimize the time its
staff will spend on preparing claims for payment. There will be a workshop in the Fall to provide
guidance to BRM and other agencies receiving 2010/11 funding. This process will help these
agencies continue to be more efficient and assure City staff can quickly process claims.
S:Wdmins\City Council\City Council Admins 2010\BRM Admin ESG 2010-11.docx
8117/2010 11:19 AM
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U c,P ° ADMINISTRATIVE REPORT
gL1F ~
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD -
DATE: August 18, 2010 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Agreement with the Alliance Against Family Violence and Sexual Assault for
$16,024 of Emergency Shelter Grant funds to support the operating costs to
continue services. The facility's administrative address is 1600 East Truxtun
Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Alliance Against Family Violence and Sexual Assault (AAFV) has provided services
including a homeless "safe house" shelter for more than 31 years. Its goals are to stop
domestic violence and assault in Bakersfield, assist women and children who become homeless
as a result of domestic violence, and help those women and children reclaim their lives through
independent living. The facility operates 24 hours a day.
The City has provided Emergency Shelter Grant (ESG) funds to AAFV since 1995. The
purpose of these funds is to improve the quality of existing shelters for the homeless in addition
to having the shelters provide services to prevent homelessness.
In the Fiscal Year 2010/11 Action Plan process ESG funding for AAFV was budgeted for
$16,024. The allowable expenses include staffing costs, utilities, office supplies, telephone
costs, insurance, occupancy products, building maintenance supplies, equipment maintenance,
and janitorial services.
With this agreement, staff will continue its streamlined invoicing process. The goal is to provide
AAFV with a detailed written procedure to minimize the time its staff will spend on preparing
claims for payment. There will be a workshop in the Fall to provide guidance to AAFV and other
agencies receiving 2010/11 funding. This process will help these agencies continue to be more
efficient and assure City staff can quickly process claims.
S:1Admins\City Council\City Council Admins 2010\AAFV Admin ESG 2010-11.docx
8/18/2010 1:46 PM
BA
14
ADMINISTRATIVE REPORT
IF
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM; (-l
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 17, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: 2011 Reimbursement Agreement with SMG in an amount not to exceed $60,000 for
the reimbursement of costs associated with renting the Rabobank Arena for the
Christian Congregation of Jehovah's Witnesses conventions.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB)
entered into Agreement No. 07-314 regarding the management of the CVB and the marketing
of Bakersfield as a destination center for conventions, sporting and other events including
individual/group travel and tourism.
Over the past several years, the CVB has provided incentives to various non-profit organizations
to hold their events in Bakersfield in order to ultimately generate more sales tax and Transient
Occupancy Tax (TOT) and to market the benefits and advantages of the City as a destination
center for holding conventions. For the past 15 years the CVB has contributed to the cost of
renting Rabobank Convention Center on behalf of the Jehovah's Witnesses Congregation
(JWC). The JWC puts on six weekend events during the summer and the CVB has contributed
$10,000 rental reimbursement to SMG for each of the six events. The conventions draw a total in
excess of 32,000 attendees with an estimated TOT from $59,000 to $118,000 and economic
impact in excess of $1,000,000. The conventions are held Friday through Sunday at a time during
which hotel occupancy is typically below normal, Six conventions are being requested in order
to keep the number of attendees at or below 6,200 per convention and thereby minimize the
parking impact on Fridays in the downtown area.
The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to
continue the contribution of the costs associated with the rental of Rabobank Arena. Upon
receipt of the invoices, the City, on behalf of the JWC, shall pay SMG $10,000 for rental
reimbursement for each weekend event scheduled to occur between May and August 2011.
Planned dates for the 2011 conventions are: May 27-29, June 10-12, June 17-19, July 22-24,
July 29-31, August 12-14,
S:\Admins\City Council\City Council Admins 2010-CVB\JW-SMG 2011 Reimbursement Agreement.Docx
August 17, 2010, 11:16AM
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LIFO
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: , J
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L, Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 31, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Assignment Agreement with Bakersfield Redevelopment Agency ($1,400,000 HOME
Investment Partnership funds) for the housing component of a mixed use building
located at 525 19th Street. (Ward 2)
RECOMMENDATION:
Staff recommends approval,
BACKGROUND:
19th Street Commercial Plaza, LLC is proposing to construct a three-story mixed use building on
approximately 0.33 acres immediately east of the Mill Creek Linear Park, between 18th and 19th
Streets. The project consists of ground floor retail uses fronting the linear park, second floor office
space, and 10 affordable rental units on the third floor. This project, called the 19th Street Mixed
Use Project, is located on developer-owned property, immediately adjacent to the west of the
67-unit 19th Street Senior Plaza project. The total project cost for this mixed use building is
$5,725,000. The proposed project is located in the Old Town Kern-Pioneer Redevelopment
Project Area,
The attached sub-recipient agreement will serve as an assignment function whereby the City will
allow the Redevelopment Agency to administer the project, ensuring that the project will be built
and that affordable housing will be provided as previously described. HUD regulations require
the commitment of these funds through a contractual agreement either to a developer or a sub-
recipient entity over the course of two funding years. The funds must be expended within five
years.
Subsequently, in October 2010 the Redevelopment Agency will be asked to execute this
agreement with the City. The Agency would assume the oversight responsibility for the use of the
$1,4 million in federal HOME funds and agree to comply with HUD mandated regulations in the
administration of the project and assure affordable housing will be provided.
S:\Admins\City Council\City Council Admins 2010\19th St Mixed Use Assignment Agreement.Docx
August 31, 2010, 8:48AM
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U ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: August 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract for legal services:
Agreement with GRISWOLD, LaSALLE, COBB, DOWD & GIN, LLP for legal services for
Thomas Road Improvement Projects (TRIP) in the amount of Two Hundred Sixty Thousand
Dollars ($260,000).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City seeks a full service law firm to provide legal services for the City for TRIP Projects. The
projects covered under this agreement are as follows: Bakersfield Beltway SXstem, Centennial Corridor,
SR 178/Morning Drive, Rosedale Highway Widening, SR 178 Widening, 24 Street Improvements and
Westside Parkway. The legal services required consists of legal review, advice and representation to the
City on various matters concerning land acquisition, relocation assistance and responsibilities relating to
transportation issues.
In April 2010, staff began the Request for Proposal (RFP) process to select a law firm to provide
legal services for the TRIP projects. An ad was placed in the Bakersfield Californian, and notification of
the RFP was sent to law firms who met the minimum qualifications. On April 29, 2010, the City received a
proposal that was reviewed by a Selection Committee from the City Attorney's Office and TRIP. The
Selection Committee also reviewed the cost proposal submitted by the firm. The Selection Committee
found the firm of Griswold, LaSalle, Cobb, Dowd & Gin, LLP to have the qualifications and fee proposal
that is favorable to the City. Therefore, CAO recommends that the City enter into a contract with Griswold,
LaSalle, Cobb, Dowd & Gin, LLP for legal services for TRIP projects.
If approved, it is anticipated that this agreement shall remain in effect until the completion of the
above mentioned projects or unless earlier terminated. The agreement will be covered by Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) funding.
SACOUNCUAdmins\10-11 Admins\ATT AGR TRIPProjodaAdmin.Doc
ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: August 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 06-324(3) with RM Industries extending term
for one (1) year and adding $80,000 (for a total not to exceed amount of
$400,000) for the annual contract for the Amtrak Station janitorial and hardscape
maintenance. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 25, 2006, Council awarded the annual contract for the Amtrak
Station janitorial and hardscape maintenance to RM Industries in the amount of $80,000;
renewable annually thereafter for four (4) consecutive one-year periods. On August 29, 2007,
Council approved Amendment No. 1 extending the agreement one (1) year and adding
$80,000 to the Agreement for a not to exceed amount of $160,000. On October 8, 2008,
Council approved Amendment No. 2 extending the agreement one (1) year and adding
$80,000 for a not to exceed amount of $240,000. On November 18, 2009, Council approved
Amendment No. 3 extending the agreement for one (1) year and adding $80,000 for a revised
not to exceed amount of $320,000.
If approved, Amendment No. 4 will add $80,000 for a revised not to exceed amount of
$400,000 and will extend term one (1) year to expire in 2011. Staff will re-bid this annual
contract prior to its expiration in October 2011.
Purchasing Division\kb
&VURCKADMIN1Amendments 10-11 Wmendment 04 to Agreement 06-324, RM Industries, September 8, 2010.docn
August 27, 2010, 7:43AM
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ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: August 9, 2010 CITY ATTORNEY
CITY MANAGER F~
SUBJECT: Amendment No. 1 to Agreement No. 09-122 with Granite Construction Company
($500,000) revised not to exceed $1,000,000 and extending term for one (1) year
for the annual contract for HUD street materials. (City wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On September 9, 2009, Council approved the annual contract for HUD street
materials to Granite Construction Company, in the amount of $500,000; renewable annually
thereafter for four (4) consecutive one-year periods. City staff and Granite Construction
Company agree to the extension under the same terms and conditions. If approved,
Amendment No. 1 will add $500,000 for a revised not to exceed amount of $1,000,000 and will
extend term one year to expire in 2011. Sufficient funds are available to cover this contract
amendment.
Purchasing Division
S:%PURCHWDMINWmendments 10-111Amendment #1 to Agreement 09-122, Granite Construction Co, AC HUD CDBG Street Materials,
September 8, 2010.docx
August 9, 2010, 1:20PM
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ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: August 5, 2010 CITY ATTORNEY
61r -
CITY MANAGER es
SUBJECT: Amendment No. 2 to Agreement No. 08-237(1) with Pickinpaugh Concrete
Construction, Incorporated extending the term for one (1) year and adding
$100,000 (for a total not to exceed amount of $200,000) for the annual contract
for block wall repair. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On December 17, 2008, Council awarded the annual contract for block wall
repair to Pickinpaugh Concrete Construction, Incorporated in the amount of $100,000;
renewable annually thereafter for four (4) consecutive one-year periods. On December 16,
2009 Council approved Amendment No. 1 extending the term one year to expire in 2010 with
no dollar cost increase. If approved, Amendment No. 2 will add $100,000 for a revised not to
exceed amount of $200,000 and will extend term one year to expire in September 2011.
Extending the Agreement allows the City to continue repairing block walls as needed.
rPurchasing Division
SVURCHWDMINWmendments 10-11 Wrnendment #2 to Agreement 08-237, Pidcinpaugh Concrete Construction, AC Blodc Wall Repair,
September 8, 2010.docn
August 24, 2010, 4:11 PM
AR,
ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: aa-
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD
DATE: August 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.4 to Agreement No. 05-008 with Kennedy/Jenks Consultants ($8,500; revised
not to exceed $516,400) to further analyze the effects of the proposed South Bakersfield
Water Treatment Plant on southern portion of the City's Domestic Water System. (Ward
Numbers 2, 4, 5 & 6)
RECOMMENDATION: Staff recommends approval of amendment to the agreement.
BACKGROUND:
On January 12, 2005, the City entered into Agreement No. 05-008 in the amount of $100,000.00 with
Kennedy/Jenks Consultants to complete Phase I of a Domestic Water System Hydraulic Model for the
City's Domestic Water System. Phase I of the project was to compile a complete inventory of the capital
facilities of our domestic system and convert our Paper Atlas Map System to a digital database to be used
in the actual design of the model.
On September 7, 2005, the City amended (No. 1) the Agreement No. 05-008 in the amount of
$125,000.00 with Kennedy/Jenks Consultants to complete Phase II of the City of Bakersfield Domestic
Water System Hydraulic Model. This phase of the project required the contractor to analyze current and
future storage and capacity needs of the system and to complete the design of the Hydraulic Modeling
System for the City's Domestic Water System.
On March 11, 2009 the City amended (No. 2) the Agreement No. 05-008 in the amount of $112,900 with
Kennedy/Jenks to perform four (4) specific tasks as described below related to the construction of a new
South Bakersfield Water Treatment Plant that will be shared by the City of Bakersfield and California
Water Service Company :
1) Update the City's Domestic Water System Hydraulic Model from 2005 with current Geo database
that includes the last three years of development in the (6) designated City service areas.
2) Perform a Hydraulic Analysis to determine sizing for water transmission pipeline and pump
performance requirements for Finished Water Pump Station.
3) Perform a Surge Analysis to determine the effect of the new Finished Water Pump Station and
Transmission Pipeline.
4) Prepare a technical memorandum for the proposed Finished Water Pump Station inside the Cal
Water Treatment Plant that will feed the Transmission Pipeline.
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✓ ADMINISTRATIVE REPORT
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On May 5, 2010 the City amended (No. 3) the agreement to allow Kennedy/Jenks to prepare final design
engineering and bid package for the Stine Road Finished Water Pipeline Project related to the new Cal
Water South Bakersfield Water Treatment Plant (SBWTP). Cal Water's new treatment plant will ultimately
provide 20 million gallons a day to the City's south service area. The City is working on an agreement with
Cal Water to share up to 50% of the capacity in the new plant. The current phase of the finished water
pipeline project includes approximately 5,900 lineal feet of 30 inch pipe that will start at the discharge
manifold of the City's finished water pump station at the SBWTP, continue east to Stine Road and
terminate at a connection to an existing 16 inch pipe in the southwest corner of Stine Road and Panama
Lane. The work on that phase of the project is currently underway and must be completed by the end of
March 2011 before Public Works commences with a scheduled road project, funded with American
Recovery and Reinvestment Act (ARRA) funds, along Stine Road between District Boulevard and Panama
Lane.
Amendment No. 4 will modify the agreement to allow Kennedy/Jenks Consultants to further analyze the
effects of the proposed South Bakersfield Water Treatment Plant on the City's southern Domestic Water
System. The additional work will include updating the hydraulic model to include all pipe extensions that
have been installed updating operational and non operational city wells; and updating system pressures.
The analysis will determine general range of pressure that system experiences before and after
construction of the new plant and which wells can be shut off based on different scenarios. Lastly, the
scope of work will include the submittal of a brief technical memorandum by Kennedy Jenks summarizing
the finding to the City.
Sufficient funds are available in the Department's FY 2010-11 Operating Budget for this amendment
O~ A
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ADMINISTRATIVE REPORT
TO
MEETING DATE; September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M, Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 23, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Median Island Improvements, Hosking Avenue from Fighting Irish Drive to Tobias
Creek Way (Ward 6):
1. Accept bid and approve contract with Clean Cut Landscape ($55,060).
2. Appropriate $27,614 developer share of project costs and $32,386 Gas Tax
Fund Balance to the Public Works Department's Capital Improvement Budget
within the Gas Tax Fund.
RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and
appropriations.
BACKGROUND: This project will landscape two existing median islands on Hosking Avenue west
of Akers Road. Funding for this project will come from two sources. First, $27,614 of median fees
has been collected from developers for future median improvements on the south side of
Hosking Avenue. Secondly, $32,386 of Gas Tax Fund balance is also recommended to be used
to complete the funding for this project. These two funding sources total $60,000. This amount
exceeds the contract award amount of $55,060. These additional funds are needed for
potential change orders, construction Inspection services, and other miscellaneous costs.
The Engineer's Estimate was $68,800.
On July 15, 2010, a total of two bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Clean Cut Landscape
8406 N. Armstrong
Clovis, CA 93619 in amount of $ 55,060.00
Kern Sprinkler Landscaping, Inc.
5001 Woodmere Drive
Bakersfield, CA 93313 (City) in amount of $116,511.60
There is no General Fund impact associated with this project.
Project No. TOK214 PW Design Engr. WGM
G;\GROUPDAT\ADMINRPT\2010\09-08\TOK214-Median Island Improv.doc
9A
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
-4C--
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 27-
FROM:
August 17, 2010 CITY ATTORNEY
CITY MANAGER, Aj
SUBJECT: Accept bid and approve contract to Brown & Fowler Construction, Inc.
($284,743.00) for the construction of the Lowell Park Restroom Facility (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: This project will provide for the construction of a new restroom facility at Lowell
Park. The funding source for this project is Community Development Block Grant. The Engineer's
Estimate for this project was $282,000. There are sufficient funds budgeted to award this project.
On August 5, 2010, a total of two bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Brown & Fowler Construction, Inc.
3008 Antonino Ave.
Bakersfield, CA 93308 (City) in the amount of $284,743.00
Vortex Construction
320 Butte Street
Bakersfield, CA 93305 (City) in the amount of $323,162.00
There is no General Fund impact associated with this project.
Project No. P8C21_ Public Works\ Design Engineering\ TMA
G:\GROUPDAT\ADMINRPT\2010\09-08\Lowell Park Restroom Facility.doc
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ADMINISTRATIVE REPORT
c ~
LIFO
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract with Sterndahl Enterprises, Inc. ($41,187.80) to
construct Bike Lanes - Various Streets (Ward 3 & 4).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: On October 29, 2009, Kern Council of Governments awarded a grant from the
Transportation Development Act Article 3 Program (Bicycle and Pedestrian Facilities) to the City
to develop bike lanes on:
• Auburn Street from La Costa to Fairfax Road;
• Bernard Street from Mt. Vernon Avenue to New Market Way; and,
• Olive Drive from Canyon Falls Lane to Coffee Road.
The Engineer's Estimate was $56,500. There are sufficient funds budgeted to award this contract.
On August 17, 2010 a total of one bid was received. That acceptable bid is as follows:
Sterndahl Enterprises, Inc.
11861 Branford Street 80
Sun Valley, CA 91352 in amount of $41,187.
There is no General Fund impact associated with this project.
City Project No. TOK233 - Auburn Street
City Project No. TOK234 - Bernard Street
City Project No. TOK235 - Olive Drive
PW Design Engr. WGM
G:\GROUPDAT\ADMINRPT\2010\09-08\Bike Lones.doc
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U 4ADMINISTRATIVE REPORT
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L1F0
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
.,'J~ [
FROM: Raul M. Rojas, Public Works Department DEPARTMENT HEAD
DATE: August 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract with Kern Pacific Construction ($146,542.00) to
construct Sewer Rehabilitation - Owens Street, project (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: In 2008 Harris & Associates completed the Southeast Bakersfield Sewer
Rehabilitation Study which identified the 18" sewer in Owens Street, from E. Bernard Street to E.
California Avenue, as the first of six sewer lines needing rehabilitation. Upon review by staff, it
was determined that spot replacement and cleaning of the sewer line would cure the problems
noted in the report.
The Engineer's Estimate was $220,000. There are sufficient funds budgeted to cover this
contract.
On August 10, 2010, a total of six bids were received; all of these bids are acceptable. Those
acceptable bids are as follows:
Kern Pacific Construction
4001 Patton Way # 1
Bakersfield, CA 93308 (County) in amount of $146,542.00
Griffith Company
1128 Carrier Parkway Ave.
Bakersfield, CA 93308 (County) in amount of $164,624.00
Halopoff & Sons, Inc.
140 E. Morton Ave.
Porterville, CA 93257 in amount of $210,239.00
Sierra Const. & Excavation, Inc.
12502 Jomani Dr.
Bakersfield, CA 93312 (County) in amount of $215,588.00
PW Design Engr. WGM City Project No. EOK207
G:\GROUPDAT\ADMINRPT\2010\09-08\sewerRehob_Owens Street.doc
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ADMINISTRATIVE REPORT
C CRY e~
9LIF0
Sewer Rehabilitation-Owens Street
Page 2
GM Engineering, Inc.
6108 Medio Luna Ave.
Bakersfield, CA 93306 (City) in amount of $216,975.84
HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield, CA 93307 (City) in amount of $240,150.00
There is no General Fund impact associated with this project.
PW Design Engr. WGM City Project No. EOK207
G:\GROUPDAT\ADMINRPT\2010\09-08\SewerRehab_Owens Street.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_ 16
DATE: August 23, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Crop Production Services (not to exceed
amount of $375,898.94) for the annual contract for the supply of chemical
insecticides/herbicides. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over one hundred (100) suppliers for the Annual
Contract for chemical insecticides/herbicides. Three (3) were received in response to
solicitation. The bids solicited were based on a list of chemical insecticides/herbicides 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 three (3) bids received are listed below.
BIDDER AMOUNT
Crop Production Services $375,898.94
Delano, CA
Target Specialty Products $389,480.25
Fresno, CA
John Deere Landscapes $445,055.75
Cleveland, OH
Staff finds the low bid submitted by Crop Production Services to be acceptable and
recommends award of the contract in the amount of $375,898.94.
Purchasing Division
S:\PURCHWDMINWdmin 10-11 WC for Chemical Insecticides Herbicides, 10-11-09, September 8, 2010.docx
August 23, 2010, 2:48PM
A
ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 18, 2010 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Accept bid from Golden State Peterbilt, Bakersfield, in the amount of $312,845.03
for two (2) replacement front loader refuse truck cab and chassis for the Public
Works Department, Solid Waste Division. (City Wide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for refuse truck
cab and chassis. One bid in the amount of $312,845.03 was received from Golden State
Peterbilt, Bakersfield and is within the amount budgeted.
Funds are available in the Equipment Replacement Fund for the purchase of two (2)
replacement units. The units to be replaced have high mileage and have reached their life
expectancy. The new refuse truck cab and chassis are in compliance with the California Air
Resources Board emission requirements.
Upon inquiry, staff found one (1) potential bidder was unable to supply a vehicle to meet City
specifications. Another bidder felt they could not bid competitively against Golden State
Peterbilt and, therefore, wouldn't take time to submit a bid. Staff finds the bid received from
Golden State Peterbilt, Bakersfield to be acceptable and recommends the purchase of the
two (2) refuse truck cab and chassis.
Purchasing Division
Kb
SAPURCHWDMIN\FourA;de Front Loading Refuse Trucks, 10-11-11, September 8, 2010.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: h
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD .,V
DATE: August 25, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Golf Ventures West in the amount of $143,914.55 for two (2)
replacement and one (1) additional diesel powered rotary mowers for the
Recreation and Parks Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to fifty five (55) suppliers for providing rotary mowers
to be used by the Recreation and Parks Division. Two (2) bids were received in response to
solicitation.
Funds are available in the Equipment Replacement Fund for the purchase of two (2)
replacements and one (1) additional unit. The units to be replaced are beyond their life
expectancy and have many hours of usage on them. The additional unit is necessary to
adequately address turf mowing operations related to additional park acreage.
The two (2) bids received are as follows.
BIDDER AMOUNT
Goff Ventures West $143,914.55
Corona, CA
Turf Star, Incorporated $154,942.45
Hayward, CA
Staff finds the low bid to be acceptable and recommends acceptance of the bid from
Golf Ventures West in the amount of $143,914.55.
Purchasing Division/kb
S:\PURCHWDMINWdmin 10-11\Diesel Powered Rotary Mower, 10-11-10, September 8, 2010.docx
August 26, 2010
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ADMINISTRATIVE
REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Jim Burke Ford in the amount of $357,625.16 for four (4)
replacement aerial lift trucks for the Public Works Department, General Services
Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing
aerial lift trucks to be used by the General Services Division. Seven (7) bids were received in
response to solicitation.
Funds are available in the Equipment Replacement Fund for the purchase of four (4)
replacement units. The units to be replaced are over ten years old and have reached their life
expectancy. The new trucks are in compliance with the California Air Resources Board
emission requirements.
The seven (7) bids received are as follows.
BIDDER AMOUNT VEHICLE/SERVICE BODY
Jim Burke Ford, Bakersfield, CA $357,625.16 Ford/VersaLM
Jim Burke Ford, Bakersfield, CA $368,783.96 Ford/Altec
Altec Industries, Inc., Dixon, CA $378,007.70 Altec/AT37-G
Great Pacific Equip., Inc., Bakersfield, CA $387,268.39 UTEM/UTLN41
South Bay Ford, Hawthorne, CA $402,001.51 UTEM/UTL141
Terex Utilities, Inc., Sacramento, CA $410,087.01 Terex Utilities/LT38N1
Reynolds Buick, Inc., Covina, CA $413,691.75 GMC Truck/TC5E042
Staff finds the low bid to be acceptable and recommends acceptance of the bid from Jim
Burke Ford, Bakersfield in the amount of $357,625.16.
Purchasing Division/kb
SIPURCHADMINAdmin 10-11 Aerial Lift Trucks, 10-11-17, September 8, 2010.docx
August 26, 2010
O Hcow on,r o'01
ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: '
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD fs
DATE: August 27, 2010 CITY ATTORNEY L
CITY MANAGER
SUBJECT: Appropriate $345,492 Federal Grant Revenues (AVOID THE 18 DUI CAMPAIGN -
KERN COUNTY) Grant from the State Office of Traffic Safety to the General Fund
Police Operating Budget, to fund overtime for traffic enforcement strategies,
temporary clerical help, and to purchase equipment, checkpoint supplies and
services for the Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $345,492 from the State Office of Traffic
Safety (O.T.S.) for the Selective Traffic Enforcement Program (STEP).
The Bakersfield Police Department will serve as the host agency for a Regional DUI effort in Kern
County to reduce alcohol-involved fatalities and injuries and raise general public awareness
regarding the problems associated with drinking and driving. Participating agencies include
Police Departments from the cities of Arvin, Bear Valley, California City, CSUB, Delano, KCDA
Crime Lab, Maricopa, McFarland, Ridgecrest, Shafter, Stallion Springs, Taft, Tehachapi, Kern
County Sheriff's Department, KERN County Probation Department, ABC and the California
Highway Patrol. Activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force
Operations, DUI Warrant/Probation Sweeps and Court Sting Operations for repeat DUI offenders
during the Winter Holiday Mobilization, Memorial Day Weekend, Independence Day
Weekend/Period, Summer Mobilization, special dates, county fairs, festivals, and other
community events with identified DUI problems.
The funded strategies, personnel, equipment, supplies and services include:
• DUI/Driver's License Check Points
• DUI Saturation Patrols
• Task Force Operations
DB
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Funded strategies, personnel, equipment, supplies and services, continued:
• Warrant/Probation sweeps, stakeouts and court "stings" to focus on DUI offenders with
suspended or revoked driver licenses who get behind the wheel after leaving court.
• Public Information Officer
• Grant Management
• Temporary Clerical Help
• Contractual Services with Allied Agencies
• Travel Expenditures for OTS Training
• Phlebotomist and Breathalyzer services at DUI checkpoints
• DUI Checkpoint Vehicle
• Changeable Message Sign Trailer with Radar
• Portable Light Tower
• Laptop Computer
• Digital Camera
• Checkpoint supplies
• Educational Materials
Db
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ADMINISTRATIVE REPORT
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: August 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $489,445.00 Federal Grant Revenues (Selective Traffic Enforcement
Program Grant from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for traffic enforcement strategies and to
purchase checkpoint supplies and services for the Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $489,445.00 from the State Office of Traffic
Safety (O.T.S.) for the Selective Traffic Enforcement Program (STEP).
The purpose of the STEP grant is to reduce the persons killed and injured in crashes involving
alcohol, speed, red light running, and other primary collision factors by funding overtime to
conduct "best practice" enforcement strategies. The grant period is one year. The grant also
provides funding for the purchase of equipment, checkpoint supplies and checkpoint related
services. The funded strategies, supplies and services include:
• DUI/Driver's License Check Points
• DUI Saturation Patrols
• The "A Life Interrupted" Program
• Development of a "Hot Sheet" to notify patrol and traffic officers to be on the lookout for
identified repeat DUI offenders with suspended or revoked licenses as a result of DUI
convictions.
• Warrant sweeps, stakeouts and court "stings" to focus on DUI offenders with suspended or
revoked driver licenses who get behind the wheel after leaving court.
• Voluntary compliance with traffic laws by generating publicity throughout the grant
period.
• Travel Expenditures for OTS Training
• Phlebotomist and Breathalyzer services at DUI checkpoints
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ADMINISTRATIVE REPORT Page 2
Funded strategies continued:
• Portable Light Tower
• Traffic Collision Reconstruction System
• Checkpoint supplies
• Educational Materials
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MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: August 27, 2010 CITY ATTORNEY C I
CITY MANAGER ~J
SUBJECT: CAL-GRIP Grant Appropriations for the Bakersfield Police Department:
1. Appropriate $382,488 Stbte Grant Revenues (CAL-GRIP Grant from the Office
of Emergency Services) to the General Fund Police Operating Budget, to
implement a Safe Community Partnership Strategy to reduce gang violence.
RECOMMENDATION:
Staff recommends approval of the appropriations.
BACKGROUND:
The Bakersfield Police Department (BPD) has received a two-year grant in the amount of
$382,488 under the California Gang Reduction, Intervention, and Prevention Program (CaIGRIP)
from the California Emergency Management Agency (CalEMA).
"The Bakersfield Police Department will serve as lead agency in implementing a Safe Community
Partnership strategy in order to reduce violence in one of the city's most troubled areas. This
program will include analysis of gun violence and gang membership data, establishment of a
working group of community organizations to guide the strategy, direct communication with
gang members most likely to offend, connecting youth with job and education opportunities,
and provision of counseling and parenting services. Law enforcement officials will utilize a
strategic partnership to communicate and support a message of enhanced enforcement action
for any gang using violence while reinforcing the message that community services are available
to help gang members who wish to leave the gang lifestyle."
In order to effectively implement a Safe Community Strategy the Bakersfield Police Department
has partnered with: (1) the Kern County Superintendent Of Schools (KCSOS) to help guide the
strategy; and (2) the Kern County Network for Children (KCNC) to assess the effectiveness of the
Safe Community Partnership.
This partnership will include KCSOS staff being readily available to the BPD and will link services to
the KCSOS Project 180 Gang Prevention Program (Project 180). Project 180 is a program in which
Page I of 2
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ADMINISTRATIVE REPORT
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staff refers youth to appropriate programs; selecting a target group to receive prevention and
intervention services and closely monitoring the impact of the programs; hosting and facilitating
a local Parent Project Training and Aggression Replacement Therapy (ART) Training program to
increase the capacity of community partners to serve families and youth in target areas.
All programs and participants receiving services through Project 180 will be monitored through
the use of Efforts to Outcome (ETO) software by project staff from KCNC. Regular reports will be
generated and results provided to local agencies for evaluation and grant reporting.
The total grant amount of $382,488 will be used as follows: $182,488 to fund BPD over-time anti-
gang enforcement, $120,000 to fund the partnership with KCSOS Project 180, and $80,000 to fund
the KCNC reporting function as required by the grant.
The grant also requires a 100% match of $382,488. However, per the Cal EMA Recipient
Handbook, the BPD may satisfy this requirement on an in-kind/cash match basis. The in-kind costs
will be calculated from regular salaried officers responding to gang unit press calls, and
community gang forum participation.
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IF
MEETING DATE: September 8, 2010 AGENDA SECTION: Consent Calendar
ITEM: SMIM.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEO _
DATE: August 17, 2010 CITY ATTORNEY
CITY MANAGER _
SUBJECT: Department of Housing & Urban Development (HUD), HOME Investment
Partnership Action Plan Amendment No. 2 (FY 10-11); Amendment No. 12 (FY08-
09), and Amendment No. 6 (FY05-06). (Wards All)
1) Transfer $450,981 HOME Investment Partnership Contingency funds and
$155,000 Housing Urban Bakersfield funds within the Operating Budget in the
HOME Fund for the 19th Street Mixed Use Project.
2) Transfer $33,484 Home New Construction Assistance funds from the Capital
Improvement Budget to the Operating Budget within the Home Fund for the 19th
Street Mixed Use Project.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to transfer $450,981 in HOME
Investment Partnership program savings and income funds, $33,484 of New Construction
Assistance and $155,000 in Housing Urban Bakersfield Downpayment Assistance to New
Construction Assistance earmarked for the 19th Street Mixed Use Project,
In compliance with HUD regulations, any significant change or addition to the approved
CDBG or HOME annual plan must undergo an amendment process which includes obtaining
citizen views and comments on the proposed change for a period of 30 days. A notice was
published on August 8, 2010 requesting comments and to date no comments have been
received.
Staff is proposing the following amendments to the HOME Investment Partnership Program:
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1) Reduce Housing Urban Bakersfield Downpayment Assistance in the amount of $155,000
for downpayment and closing costs assistance to help low-income people purchase a
home in central downtown at 21 st and R streets,
2) Transfer New Construction Assistance in the amount of $33,484 for housing
development assistance for costs associated with the acquisition and/or construction of
affordable housing,
3) Transfer $450,981 in HOME project savings and/or income.
4) Change Scope and Add $639,465 for housing development assistance for costs
associated with acquisition and constructions costs of an affordable housing project.
The approval of this amendment will allow the transfer of $639,465 in HOME funding to New
Construction Assistance. The funding under New Construction will be used as a developer
loan for the 19th Street Mixed-Use Project.
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ADMINISTRATIVE REPORT
MEETING DATE September 8, 2010 AGENDA SECTION: Closed Session
ITEM: aa,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V(!~,
DATE: August 30, 2010 CITY ATTORNEY D✓G
CITY MANAGER
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6,
VG:vl
S:\COUNCIL\CI Sess\Admins\ 10-11 \9-08-10LaborNeg.doc
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U ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: August 30, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Impasse Hearing for Fire Labor Negotiations Pursuant to BMC 2.76.130.
1. Resolution approving adoption of Terms and Conditions of Employment for the
Firefighters and Engineers Unit and the Fire Supervisory Unit of the Fire
Department of the City of Bakersfield.
RECOMMENDATION:
Staff recommends Council adopt the Resolution Imposing the Last, Best and Final offer as
presented by the City to the Bakersfield Firefighters Labor Organization on August 2, 2010 and
again on August 11, 2010 and as provided In the attached Terms and Conditions of Employment.
Adoption of this Resolution by the City Council will allow Fire Station No. 14 to remain open and
will balance the 2010-11 budget. Failure to take this action leaves the City Council with only the
option of closing Fire Station No. 14 to balance the budget.
BACKGROUND:
Negotiations with the Bakersfield Firefighters Labor Organization (BFLO) for a new Memorandum
of Understanding (MOU) began in January of 2008 and have continued through August 11, 2010.
During this time the City and BFLO have been unable to reach agreement on the terms of a new
MOU. Two aspects related to these negotiations will be put before the voters, by way of a
November ballot measure. The two Issues in question are proposals to move to a lower tier
pension plan for new sworn public safety (Police & Fire) employees and require these new
employees to pay 100% of the employee share of their retirement costs.
The City's negotiating team and BFLO have met to discuss other aspects of a potential MOU
Including Issues related to salary, the term of an agreement, staffing and a number of aspects
which both sides have tentatively agreed to. BFLO officially rejected the City's Last, Best and
Final Offer on August 11, 2010 and Impasse was declared. Both sides have waived the Impasse
Meeting before the City Manager and have agreed to move to the Impasse Hearing before the
City Council.
Pursuant to Section 2.76.130 (Resolution of Impasses) of the Municipal Code the City Council will
conduct a hearing on the merits of the apparent Impasse in negotiations and thereafter Issue a
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ADMINISTRATIVE REPORT
determination as set forth in Section 2.76.130 of the Municipal Code.
2010-11 Budget impact:
Unlike any other agreement the City has, the BFLO MOU mandates staffing levels of sworn
personnel and takes the control over this staffing out of the hands of the City Council. Due to
these circumstances, the Fire Department, and subsequently the City Council, have little flexibility
when trying to reduce operational costs. Recent and continued budget reductions have
produced a large disparity between the contributions of other City departments (Including
Police) and those of the Fire Department.
Since FY 2007-08, the Fire Department has been significantly less impacted, in terms of both
staffing levels and operating budget, as compared to other City Departments. Tables 1 & 2 on
the attached Exhibit A show the reduction in personnel complement for each department since
FY 2007-08. Table 3 on Exhibit A shows the reduction in each department's General Fund and
Development Services Fund Budgets since FY 2007-08. It should be noted that the Fire Services
percentage, as shown in Table 3, is reflective of several components to achieve the -6%
reduction and they include: a transfer out of CUPA related expenditures to a newly created
fund; a transfer In of $222,000 of Self-Insurance Fund balance to delay closure of Fire Station No.
14 for three months, and the necessary reductions In operational costs over the remaining 9
months of the 2010-11 FY to balance the budget. Even with the above mentioned reductions
included, Table 3 shows that the Fire Department budget reductions are still well below the
contributions of other City departments.
This lack of flexibility related to staffing leaves the City Council with relying on the closure of a fire
station In order to reduce operational costs in the Fire Department. Based on these
circumstances, and existing noticing requirements, the City Negotiating Team Informed BFLO on
June 2, 2010 of the City's intent to close Fire Station No. 14.
At the request of Councilmember Hanson, the passage of the 2010-11 Budget included the use
of one-time monies to postpone the closure of Fire Station No. 14 until September 30, 2010. This
was done to allow time for BFLO to provide the City with staffing options that would eliminate the
need to close the statlon. Unfortunately, BFLO did not produce any alternates that would have
achieved this goal. Implementation of the City's Last, Best and Final Offer will provide the City
with the needed flexibility to Implement the Fire Chief's preferred staffing alternative in order to
achieve the necessary budget savings required In the 2010-11 budget. It Is Important to
recognize that this action will not result In any layoffs of swom fire uemonnel. Savings will be
garnered from a more efficient use of existing staff that will allow for a significant reduction in
overtime costs, which are associated with the existing rigid staffing requirements. Any changes in
staffing levels will occur over time through attrition.
Last, Best and Final Offer:
Attached to the Resolution are the specific Terms and Conditions of Employment that will be
implemented as a result of the adoption of this Resolution. All other aspects of the MOU's
between the City of Bakersfield and the Bakersfield Firefighters Labor Organization, IAFF, Local
246 - Firefighters and Engineers Unit; and the Bakersfield Firefighters Labor Organization - Fire
Supervisory Unit, both of which expired as of March 31, 2008, will remain In place.
SASteve TegliaUiuman ResourcesTire UnionlSept 8 2010 Fire Impasse HearingWdmin for BFL.O Impasse_final.docz
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ADMINISTRATIVE REPORT
MEETING DATE: September 8, 2010 AGENDA SECTION: DEFERRED BUSINESS
ITEM: , q
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 27, 2010 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Accept bid and award contract to Jim Alfter, Cement Contractor (not to
exceed amount of $2,209,172) for the annual contract for concrete construction.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over five hundred (500) suppliers on July 15, 2010
for the Annual Contract for concrete construction. Three (3) bids were received in response to
this solicitation. The bids solicited were based on a list of concrete services 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 three (3) bids received as of the July 28, 2010 bid deadline are listed below.
BIDDER AMOUNT
Jim Alfter Cement Contractor $2,209,172.00
Bakersfield, CA
Terry Bedford Concrete Construction, Inc. $2,578,618.05
Bakersfield, CA
Sturgeon & Son Grading & Paving, Inc. $2,945,633.00
Bakersfield, CA
On July 29, 2010 the City Clerks office received a public records request from Rodriguez and
Associates related to this bid item. The records request included twelve specific document
requests, including all documents which refer or relate to any bids submitted by Jim Alfter
Cement Contractor from January 1, 2005 to the present.
On July 30, 2010 the City Clerks office received a written bid protest regarding this bid item,
filed by Rodriguez and Associates on behalf of Terry Bedford Concrete Construction. The bid
protest states that: "Terry Bedford believes that the Jim Alfter bid is nonresponsive to the bid
Purchasing Division
S:MrninWdmin ReportsWdmin - for Concrete Construction, Sept 8, 2010 nks 8-27.docx
August 27, 2010, 11:26AM
ADMINISTRATIVE REPORT
specifications and further believes that there are irregularities in the bid submitted by Jim
Alfter". The protest letter also requests the Council to continue any decision on this matter to a
future date to allow the City to produce the records requested and allow Terry Bedford the
opportunity to review the documents.
On August 3, 2010 the City Clerks office provided 3,564 pages of records in response to the
July 29, 2010 records request.
On August 4, 2010 the City Clerks office received a second records request from Rodriguez
and Associates. The letter did acknowledging receipt of some records, but also stated that
the City had not produced all records requested and renewed their request for the agenda
item to be deferred to a future date.
On August 5, 2010 the City Clerks office received a third records request from Rodriguez and
Associates as a continuation of the July 29, 2010 records request; adding four additional
sections of requests for records to the original twelve sections of requests.
On August 9, 2010 the City Clerks office provided 716 pages of records in response to the
August 4, 2010 records request.
On August 11, 2010 the following events took place:
- City Attorneys office requested an extension of time to fully comply with the August
5, 2010 records request due to the volume of additional records requested and
because some of the records requested were in off-site storage and not readily
accessible to staff.
- Rodriguez and Associates filed a second bid protest letter. The letter stated that
"Terry Bedford believes that there are several line items that were bid below costs by
Jim Alfter giving the firm an unfair advantage over the other bidders. Terry Bedford
further believes that Jim Alfter was able to bid below costs for those line items
because the Jim Alfter firm received information that is not available to the public
that the City will not require significant work for those line items".
- Joel Andreesen of Rodriguez and Associates spoke during the public statement
portion of the August 11 council meeting, urging the council to defer any action on
the agenda item until a future date. He asked that the City review unit prices in
greater detail and that we maintain fairness in the bidding process. He also made
reference to anonymous phone calls received by Mr. Bedford.
- The City Council voted to defer action regarding the agenda item until the next
council meeting to allow more time for the provision of records requested and for
the protester to review those records.
On August 13, 2010 the City Attorneys office received a letter from Rodriguez and Associates
objecting to the requested time extension made by the City in response to the August 5, 2010
records request.
Purchasing Division
S:Wdmin\Admin Reports\Admin - for Concrete Construction, Sept 8, 2010 nks 8-27.docx
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ADMINISTRATIVE REPORT
On August 25, 2010 the City Clerks office provided 956 pages of records in response to the
August 5, 2010 records request. The City advised Rodriguez and Associates on August 24, 2010
that the records were available. The records were picked up on the 25th.
Staff bid review and comments:
Upon receipt of the initial bid protest, Finance staff reviewed the bid submitted by Mr. Alfter
and we found no irregularities, nor did we identify any nonresponsive issues related to Mr.
Alfter's bid submittal.
Following the second bid protest and public comments received on August 11, 2010 city staff
from both Finance and Public Works conducted further review of all bids submitted, including
the unit pricing of all 43 line items included in the bid request.
As with many of our annual contracts, the bid documents request each prospective bidder to
submit unit pricing for each line item, which is then multiplied by the estimated number of units
as provided in the bid package in order to calculate the projected overall cost estimate,
which is used to evaluate the best overall value to the City.
Certain types of products or services lend themselves to where the City can "split" the award
of the bid and award certain line items to vendor "x" and other line items to vendor "y". These
split awards are solely based on unit pricing per line item. This practice provides the City with
the lowest overall cost and works well when there is no coordination of efforts needed or co-
mingling of job line items involved.
Unfortunately, the cement work contemplated under this proposed contract would routinely
draw upon several different line items of work in order to complete many of the City's routine
construction or repair jobs. Staff has found that it is much more efficient to work with one
vendor in cases like this, which is why staff is not recommending this award be split by unit
pricing.
However, for discussion purposes only, staff did review the unit pricing alone of the three
vendors bidding on this contract and determined that, if we were to completely eliminate the
estimated quantities from the equation (which based on the 2nd bid protest letter seems to be
the protesters point of contention), the result would be that Jim Alfter Concrete would have
been awarded 33 of the 43 items (76.7%); Sturgeon & Son would have been awarded 9 of the
43 items (21 and Terry Bedford would have been awarded 1 of the 43 items (2.3%).
Again, given the general nature of cement work needed by the City, staff is recommending
award of all line items to one vendor in order to provide the City with the most continuity and
efficiency for project completions during the year.
As of Thursday, August 26, 2010 the City Attorneys office has advised that all records
responsive to the multiple records requests received by Rodriguez and Associates have been
provided to them.
Staff finds the low bid submitted by Jim Alfter Cement Contractor to be acceptable and
recommends award of the contract in the amount of $2,209,172.
Purchasing Division
S:Wdmin\Admin Reports\Admin - for Concrete Construction, Sept 8, 2010 nks 8-27.docx
August 27, 2010, 11:26AM
CB ORA}~OCS1~
4 11 BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 11, 2010
Ry it
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, Weir, Couch,
Hanson, Sullivan
Absent: Councilmember Benham
City Attorney Gennaro announced the City Attorney's Office
is requesting that the Council consider adding an item to the
Closed Session calendar, Item l O.c. This item arose after the
Agenda was posted and it requires immediate attention, in
that yesterday the County Board of Supervisors made a
counter offer to the City's tax sharing proposal concerning
Annexation No. 626. City staff is informed that unless the
agreement can be reached, the proposed tenants of the
development will look for another location. Therefore, the
City Council needs to consider potential litigation surrounding
this annexation and the potential ramifications of not having
a planned public safety facility.
Motion by Vice-Mayor Scrivner to add the following Item to APPROVED
Closed Session as Item 10.c., which arose after the AB BENHAM
Agenda was posted and requires action tonight:
10. c. Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b) (1) (3) (B) of Government Code
Section 54956.9. (One matter re: Annexation
No. 626)
2. INVOCATION by Pastor Curtis Jenkins, Tristone
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Hailey Reza, 5th grade
student, Our Lady of Guadalupe School.
Bakersfield, California, August 11, 2010 - Page 2
4. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
KC the Bull and Kern County Fair CEO Bill Blair
declaring September 22 through October 3,
2010 as Kern County Fair Days.
KC the Bull and Mr. Blair were not in attendance;
presentation was not made.
5. PUBLIC STATEMENTS
a. Camilo Reyes, president of 60-unit Wilson Park
Village at 2600 Chandler Court, spoke
regarding erecting a block wall between 2600
Chandler Court and Highway 99, and
resurfacing the street on Chandler Court, and
submitted photographs.
Councilmember Sullivan referred this matter to
Public Works staff to determine what needs to
be done and get back to Mr. Reyes.
b. Joel Andreesen, attorney with Rodriguez &
Associates representing Terry Bedford
Construction, spoke regarding Consent
Calendar item 8.x. and requested it be
removed from the Consent Calendar and
placed into the regular meeting for discussion;
and submitted written material.
C. Marvin Dean spoke regarding Consent
Calendar items 8.x. and 8.n.
d. Mary Osburn, Treasurer of the Bakersfield High
School Driller Band Boosters, spoke regarding
the Guinness Book of World Record Largest
Water Balloon Fight they are hosting on
August 28'" at Yokuts Park, provided a handout
and invited everyone to attend to help break
the world record.
6. WORKSHOPS
a. Status update on Redevelopment projects
(Millcreek).
Economic Development Director Kunz made a
PowerPoint presentation.
Bakersfield, California, August 11, 2010 - Page 3
7. APPOINTMENTS ACTION TAKEN
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 21, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from July 8, ABS WEIR, COUCH
2010 to July 26, 2010 in the amount of
$24,315,067.03 and self-insurance payments
from July 8, 2010 to July 26, 2010 in the amount
of $1,595,796.17.
Ordinances:
C. Adoption of Ordinance and amending the ORD 4623
Official Zoning Maps in Title 17 of the Municipal
Code by changing the zone district 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) 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. (ZC 09-0263) (McIntosh &
Associates representing Castle & Cooke,
California, Inc.) (FR 06/30/10)
d. Adoption of Ordinance adding Section ORD 4624
17.04.358 and amending Chapter 17.61 of the
Municipal Code related to water conservation
and efficiency requirements to landscape
standards. (FR 07/21/10)
Resolutions:
e. Resolution approving the destruction of certain RES 088-10
obsolete City records, documents, instruments,
books and papers, pursuant to Government
Code Section 34090, et seq. (Public Works)
Bakersfield, California, August 11, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
f. Resolution confirming approval by the City RES 089-10
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and the demolishment
of dangerous buildings and authorize collection
of the assessments by the Kern County Tax
Collector.
g. Resolution determining that Bioxide, a RES 090-10
proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one year, not to exceed the
budgeted amount of $800,000.
h. Bomb Squad equipment:
1. Appropriate $74,166 State Grant
Revenues (FY2008 State Homeland
Security Grant Program) to the General
Fund Police Operating Budget, to fund
the procurement of a Hybrid C2456-8440
Radio system and power system
upgrade for the Police Department
Remotec F6A Bomb Robot.
2. Resolution determining that a RES 091-10
compatible radio system and power
system upgrade for the Police
Department RemotecF6A bomb robot
cannot be reasonably obtained through
the usual bidding procedures and
authorizing the Finance Director to
dispense with bidding thereof and
purchase one radio system and power
system upgrade from Remotec, Inc., not
to exceed $74,200.
Bakersfield, California, August 11, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
i. Resolution determining that the Deputy Fire RES 092-10
Chief assigned to Special Services or the City
Manager are appointed as agents authorized
to execute any actions necessary for the
purpose of obtaining grants from the United
States Department of Homeland Security Urban
Area Security Initiative (UASI).
REMOVED FOR
j. City positions on League of California Cities SEPARATE
Annual Conference Resolutions. CONSIDERATION
Agreements:
k. Agreement with Bakersfield Senior Center AGR 10-109
($85,000 CDBG funds) for operational expenses ABS CARSON
at 530 4t" Street.
1. Agreement with State of California Department AGR 10-110
of Transportation ($250,000) for contribution
towards preconstruction work needed for
proposed improvements on State Route 99.
M. Agreement with Castle & Cooke California, Inc. AGR 10-111
to purchase real property located at DEED 7356
11208 Strathaven Street ($27,000) and to lease
adjacent real property ($800/month) to
facilitate construction of a sewer lift station for
the Westside Parkway. (TRIP)
n. South Mill Creek easement purchase: REMOVED FOR
SEPARATE
1. Agreement with Bakersfield CONSIDERATION
Redevelopment Agency ($950,000) for
the sale of City owned 1.95 linear acre
easement located to the east of P Street
and Q Street and south of the B.N.S.F.
railroad tracks for the South Mill Creek
Project.
2. Appropriate $950,000 Redevelopment
Loan proceeds from the City's
Equipment Fund for the Agency
reimbursement to the City's
Transportation Development Fund
regarding the removal of freeway
easement on the Chelsea Housing
Project properties.
Bakersfield, California, August 11, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
o. Amendment No. 3 to Agreement No. 07-082 AGR 07-082(3)
with AECOM Technical Services, Inc. ($998,000;
revised not to exceed $15,239,795) for Westside
Parkway Project engineering design services.
(TRIP)
P. On-call civil engineering and surveying
agreements extending term to June 30, 2011
(no change to not-to-exceed amounts):
1. Amendment No. 1 to Agreement AGR 08-097(1)
No. 08-097 with Harris & Associates, Inc.
2. Amendment No. 1 to Agreement
No. 08-098 with Meyer Civil Engineering, AGR 08-098(1)
Inc.
q. Contract Change Order Nos. 65, 66 and 78 to AGR 07-304
Agreement No. 07-304 with Security Paving 00065, 00066,
Construction ($77,201.36; revised not to exceed 00078
$32,883,512.43) for the State Route 178 and
Fairfax Road Interchange Project. (TRIP)
Bids:
r. Rescind bid award to Stewart Staffing Support
Services, Inc. for 16 Panasonic toughbook
mobile data computers for the Police
Department.
S. Accept bid from Jim Burke Ford (total
$283,654.50) for 7 replacement four-door
police special sedans ($153,971.58) and 6
replacement administration sedans
($129,682.92) for the Police Department.
t. Accept bid from Jim Burke Ford ($79,885.20) for
three replacement super duty cab and chassis
(9700 GVW) for the Police Department Animal
Control Unit.
U. Accept bid from Golden State Peterbilt
($963,574.73) for 7 replacement three axle cab
and chassis, right hand drive for the Solid Waste
Division.
Bakersfield, California, August 11, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
V. Accept bid from Gibbs Truck Center
($143,983.58) for one replacement water truck
with 3,000 gallon capacity for the Streets
Division.
W, Accept bid from Gibbs Truck Center
($172,405.96) for two replacement brush trucks
for Recreation and Parks.
X. Accept bid and approve annual contract with REMOVED FOR
Jim Alfter, Cement Contractor (not to exceed SEPARATE
$2,209,172) for concrete construction. CONSIDERATION
Y. Accept proposal and approve contract with AGR 10-113
Zim Industries, Inc. dba Bakersfield Well and
Pump Co. (not to exceed $100,000) for on-call
maintenance and repair of the Olcese Wells.
Z. Video Surveillance Project to install and
maintain a video surveillance and supporting
infrastructure and connectivity system in 15
specified locations:
1. Accept bid and approve agreement AGR 10-114
with Leverage Information Systems, Inc.
($309,908.34) for the project.
2. Appropriate $112,155 Seized Asset
Forfeiture Revenues to the Police
Department Operating Budget in the
General Fund for the project.
Miscellaneous:
aa. Quitclaim of Easement on property located in DEED 7357
Arvin to Grimmway Enterprises, Inc.
bb. Revised job specifications for Water Resources
Director and Water Resources Superintendent.
City Clerk Gafford announced a bid protest and 3
letters and records requests have been received from
Rodriguez & Associates regarding item 8.x.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Bakersfield, California, August 11, 2010 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on items 8.b. and 8.n.
Councilmember Carson announced she would
abstain due to conflict of interest, as a Board Member
of the Bakersfield Senior Center, on item 8.k.
Councilmember Carson requested that items 8.n. and
8.x. be removed for separate consideration.
Councilmember Weir requested that item 8.j. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.bb., with the removal of AB BENHAM
items 8.j., 8.n., and 8.x. for separate consideration.
n. South Mill Creek easement purchase:
1. Agreement with Bakersfield AGR 10-112
Redevelopment Agency ($950,000) for
the sale of City owned 1.95 linear acre
easement located to the east of P Street
and Q Street and south of the B.N.S.F.
railroad tracks for the South Mill Creek
Project.
2. Appropriate $950,000 Redevelopment
Loan proceeds from the City's
Equipment Fund for the Agency
reimbursement to the City's
Transportation Development Fund
regarding the removal of freeway
easement on the Chelsea Housing
Project properties.
At the request of Councilmember Carson, Economic
Development Director Kunz provided an explanation
of this item.
Motion by Councilmember Carson to adopt Consent APPROVED
Calendar item 8.n. ABS COUCH
AB BENHAM
j. City positions on League of California Cities
Annual Conference Resolutions.
A vote was called by the Mayor Hall regarding the APPROVED
NOES WEIR
approval of Consent Calendar Item 8.j. AB BENHAM
Bakersfield, California, August 11, 2010 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
X. Accept bid and approve annual contract with
Jim Alfter, Cement Contractor (not to exceed
$2,209,172) for concrete construction.
Motion by Councilmember Carson to consider this APPROVED
item at the next City Council meeting. AB BENHAM
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering RES 093-10
the Summary Vacation of various easements
over vacated portions of 15'" Street, R Street
and alley in Blocks 345 and 346. (Staff
recommends adoption of resolution.)
b. Public Hearing to consider Resolution ordering RES 094-10
the vacation of the street and landscape
easement on Monica Street, between College
Avenue and Highway 184, located in Tract
6642. (Staff recommends adoption of resolution.)
C. Public Hearing to consider Resolution amending RES 095-10
the Miramonte Drive-Chase Avenue Planned
Major Thoroughfare Area and making findings.
(Staff recommends adoption of resolution.)
d. General Plan Amendment/Zone Change
No. 10-0045; Max P. Bacerra & Associates,
representing Samir & Anu Mohan and Panama
Buena Vista School District (property owners),
has applied for a general plan amendment
and zone change on 16.04 acres generally
located along the east side of Stine Road,
between McKee Road and Taft Highway. (Staff
recommends adoption of resolution and give first
reading to ordinance.)
1. Resolution approving the Negative RES 096-10
Declaration and adopting the general
plan amendment changing the land use
designation from SR (Suburban
Residential) to HMR (High Medium
Density Residential) on 4.78 acres.
Bakersfield, California, August 11, 2010 - Page 10
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.d. continued
2. First Reading of Ordinance approving FR
the Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code from A (Agriculture) to
R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on
4.78 acres and from A to R-1 (One Family
Dwelling) on 11.26 acres.
e. General Plan Amendment/Zone Change
No. 10-0157; MSW Architectural & Engineering,
Inc., representing Moran Development
(property owner) has applied for a general plan
amendment and zone change to modify four
conditions of approval previously approved for
GPA/ZC No. 06-0463, located along the south
side of Berkshire Road, generally west of Ashe
Road. (Staff recommends adoption of resolution
and give first reading to ordinance.)
1. Resolution approving a Notice of RES 097-10
Exemption and adopting the general
plan amendment to modify four
conditions of approval for GPA
No. 06-0463.
2. First Reading of Ordinance approving a FR
Notice of Exemption and approving the
amendment to Title 17 of the Municipal
Code by modifying four conditions of
approval for ZC No. 06-0463.
Consent Calendar Public Hearings opened at
6:05 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:06 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Public Hearing items 9.a. through 9.e. AB BENHAM
10. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Sierra Club v. City; Canyons, LLC. -
KCSC Case No. S-1500-CV-268547 KCT.
Bakersfield, California, August 11, 2010 - Page 11
10. CLOSED SESSION continued ACTION TAKEN
b. Conference with labor negotiator pursuant to
Government Code Section 54956.6.
C. Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b) (1) (3) (B) of Government Code
Section 54956.9. (One matter re: Annexation
No. 626)
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:07 p.m. AB BENHAM
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7.32 p.m. AB BENHAM
RECONVENED MEETING AT 7:41 p.m.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Existing NO REPORTABLE
ACTION
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Sierra Club v. City; Canyons, LLC. -
KCSC Case No. S-1500-CV-268547 KCT.
b. Conference with labor negotiator pursuant to NO REPORTABLE
Government Code Section 54956.6. ACTION
C. Conference with Legal Counsel -Potential SEE CITY
ATTORNEY'S
Litigation: Closed Session pursuant to COMMENTS AT
subdivision (b) (1) (3) (B) of Government Code LEFT FOR ACTION
Section 54956.9. (One matter re: Annexation TAKEN
No. 626)
City Attorney Gennaro announced the record
should reflect that the City Council accepted
the County's offer on the tax sharing allocation
regarding Annexation No. 626 only, with
clarification on the dates of payment of the
sales tax on the current properties. The City
Attorney stated she would also like to make it
clear that the sentiment of the City Council was
that this settlement is only as to the
Campagnani properties, and it is not in any
way to be construed as setting precedent in
future cases.
Bakersfield, California, August 11, 2010 - Page 12
12. HEARINGS ACTION TAKEN
a. General Plan Amendment/Zone Change
No. 06-2247 (Saco Ranch); McIntosh &
Associates, representing Bidart Bros. (property
owner) has applied for a general plan
amendment and zone change on
approximately 323 acres, generally located
southeast and southwest of the intersection at
Coffee Road and Seventh Standard Road.
1. Resolution making findings in RES 098-10
accordance with Sections 15091 and
15093 of the State CEQA Guidelines,
adopting a statement of overriding
considerations, a mitigation monitoring
program and certifying the Final
Environmental impact Report.
2. Resolution adopting the general plan
amendment changing the land use RES 099-10
designations from SR (Suburban
Residential), LR (Low Density Residential),
SI (Service Industrial) to GC (General
Commercial) on approximately 165.96
acres with conditions of approval.
3. First Reading of Ordinance amending
Title 17 of the Municipal Code form Kern FR
County Zone Districts A (Exclusive
Agriculture), M-2 PD (Medium Industrial -
Precise Development) and R-1 (Low
Density Residential) to City Zone District
(C-2/PCD (Regional
Commercial/Planned Commercial
Development), C-O/PCD (Professional
and Administrative Office/Planned
Commercial Development) and M-2
(General Manufacturing on
approximately 323.71 acres with
conditions of approval.
City Clerk Gafford announced correspondence
was received from the Sierra Club, John Nilon
with the County of Kern, and WZI regarding this
item.
Bakersfield, California, August 11, 2010 - Page 13
12. HEARINGS continued ACTION TAKEN
Item 12.a. continued
Planning Director Eggert made staff comments,
gave a PowerPoint presentation, and stated for
the record that no new issues were raised by the Sierra
Club and all of the issues that the Sierra Club has
brought forth have been addressed in the Final EIR;
staff is recommending approval of the request and it
also includes certification of the EIR.
City Manager Tandy made staff comments regarding
the tax split impacts on this project.
Hearing opened at 7:52 p.m.
Roger McIntosh, of McIntosh & Associates,
representing Bidart Bros., spoke in support of the staff
recommendation; made a PowerPoint presentation;
submitted correspondence dated July 23, 2010, from
Civil Egineer Shaw to the Planning Commission which
outlines new and revised conditions; and requested
that Condition 12, as it relates to Golden State
Avenue, be a part of the Resolution.
Jesse Frederick, Vice President of WZI, spoke in support
of the staff recommendation; made a PowerPoint
presentation; and submitted correspondence dated
August 11, 2010, regarding the most recent
correspondence received from the Sierra Club.
Hearing closed at 8:03 p.m.
At the request of Councilmember Couch, City
Manager Tandy clarified that the most current memo
was dated August 9, and the recommendations
therein are incorporated in the Conditions of
Approval.
Mr. McIntosh reviewed the August 9th memo and
agreed to accept the recommendations.
Motion by Councilmember Couch to adopt staff's APPROVED
recommendation and choose the language based on AB BENHAM
a memo dated August 9, which is Incorporated in the
Conditions of Approval, regarding Condition 12.
Bakersfield, California, August 11, 2010 - Page 14
12. HEARINGS continued ACTION TAKEN
b. General Plan Amendment/Zone Change
No. 06-1877 (Bakersfield Commons);
Coffee-Brimhall, LLC (Latham & Watkins LLP)
representing World Oil Corp. (property owner)
has applied for a general plan amendment
and zone change on approximately 255 acres
located generally east and west of Coffee
Road, north of Brimhall Road and
approximately'/2 mile south of Rosedale
Highway.
1. Resolution making findings per Sections RES 100-10
15091 and 15093 of the State CEQA
Guidelines, adopting a statement of
overriding considerations, a mitigation
monitoring program and certifying the
Final Environmental Impact Report.
2. Resolution adopting the general plan RES 101-10
amendment changing the land use
designations from GC (General
Commercial), LI (Light Industrial), HI
(Heavy Industrial), LR (Low Density
Residential), PS (Public and Private
Schools) and OS-P (Parks and Recreation
Facilities) to GC (General Commercial),
MUC (Mixed-Use Commercial) and HMR
(High Medium Density Residential) on
approximate 236 acres with conditions of
approval.
3. First Reading of Ordinance amending FR
the Official Zoning Map in Title 17 of the
Municipal Code from R-1 (One Family
Dwelling), C-2 (Regional Commercial),
OS (Open Space), M-1 (Light
Manufacturing) and M-2 (General
Manufacturing) to R-3/PUD (Multiple
Family Dwelling/Planned Unit
Development), C-C/PCD (Commercial
Center/Planned Commercial
Development) and C-2/PCD (Regional
Commercial/Planned Commercial
Development) on approximately 236
acres with conditions of approval.
Bakersfield, California, August 11, 2010 - Page 15
12. HEARINGS continued ACTION TAKEN
Item 12.b. continued
City Clerk Gafford announced correspondence was
received from the Sierra Club, Latham & Watkins, LLP,
and Paulette R. Hulson regarding this item.
Planning Director Eggert made staff comments;
gave a PowerPoint presentation; and stated the Sierra
Club's letter has acknowledged that they are
emphasizing points that they previously raised in front
of the Planning Commission; staff and legal staff, with
the applicant, have reviewed the comments, and we
just confirm for the record that no new issues have
been raised by the Sierra Club, and all of the Sierra
Club's issues have been addressed in the final EIR;
therefore, staff is recommending certification of the
EIR and approval of the project..
Hearing opened at 8:14 p.m.
Daniel Niemann, Project Manager, Bakersfield
Commons; Barry Hibbard, local developer; Richard
Chapman, President, Kern Economic Development
Corporation; Gail Malouf, President, Bakersfield
Association of Realtors; Brooks Douglas, President,
North of the River Chamber of Commerce; Jeff
Affonso, Guinn Construction Company; Donna
Carpenter, Development Consultant Servicers; Brook
Antonioni, President and CEO, Transwest Security
Services; Kyle Leslie, homeowner in the Quailwood
neighborhood south of the project; and Kevin Burton,
School Board Trustee, spoke in support of the staff
recommendation.
Hearing closed at 8:30 p.m.
Motion by Councilmember Couch to adopt the APPROVED
Resolutions certifying the Environmental Impact Report AB BENHAM
and approving the proposed General Plan
Amendment and give first reading to the Ordinance;
and incorporating a stipulation that The Commons will
provide 500 square feet of office space for a
Bakersfield Police substation, rent-free to the City for
five years, and they will pay for a Police Service
Technician for three years.
Recess taken from 8:34 p.m. to 8:40 p.m.
Bakersfield, California, August 11, 2010 - Page 16
13. REPORTS ACTION TAKEN
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Couch asked staff to call him
regarding an invoice from the Southern California
Wafer Committee, and several other matters.
Councilmember Couch thanked the City Council for
their support this evening.
Councilmember Carson asked Chief of Police
Williamson to bring back a cost analysis for future dash
cameras on Police cars.
Councilmember Carson announced she would not be
seeking re-election after 16 years serving on the
Council and that she is endorsing Jerry Shipman; and
she thanked the public for their support over the years.
Mayor Hall commended the Recreation and Parks
Department and the Water Resources Department for
their outstanding effort in removing the many dead
trees and unsightly appearance of the riverwalk along
Truxtun Avenue.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:43 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield