HomeMy WebLinkAbout09/22/10_CC_AGENDA_PACKETo BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF SEPTEMBER 22, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 P.M.
1. ROLL CALL
2. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church.
3. PLEDGE OF ALLEGIANCE by Stephan Potter, 7th grade student at Fruitvale Jr. High School.
4. WORKSHOPS
5. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Antonia Valpredo declaring October
3, 2010, Luigi's Day.
b. Presentation by Mayor Hall of Proclamation to Links for Life representatives declaring
October, 2010, Paint the Town Pink Month.
C. Presentation by Mayor Hall of Proclamation to Brian Mendiburu declaring October
10, 2010, Nancy Ann Mendiburu Cancer Fighter Day.
6. PUBLIC STATEMENTS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 8, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from August 27, 2010 to September 9, 2010 in the
amount of $21,709,906.92 and self-insurance payments from August 27, 2010 to
September 9, 2010 in the amount of $152,842.03.
Ordinances:
Resolutions:
(Ward 2) c. Resolution authorizing the application for State grant funds ($1,400,000) for the
Parkview Cottages and participation in the Building Equity and Growth in
Neighborhoods (BEGIN) Program including execution of a standard agreement or
other documents to secure funding from the California Department of Housing and
Community Development (HCD).
;Ward 2) d. Resolution authorizing the application for State grant funds ($1,800,000) and
participation in the Building Equity and Growth in Neighborhoods (BEGIN) Program
for the Creekview Villas including execution of a standard agreement or other
documents to secure funding from the California Department of Housing and
Community Development (HCD).
8. CONSENT CALENDAR continued
e. Resolution confirming approval by the City 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.
f. Resolution supporting preparation of a new Metropolitan Bakersfield Habitat
Conservation Plan and extensions of time of the current plan's existing permits with
the U.S. Fish and Wildlife Service and the California Department of Fish and Game.
(Planning & Development Committee)
(Ward 4) g. Resolution of Intention No. 1674 to form a Traffic Signal Maintenance District
designated at TS-21 (Stockdale, Allen SE & NE) and preliminarily adopting, confirming
and approving the Public Works Director's Report.
(Ward 4) h. Resolution of Intention No. 1675 to add territory, Area 2-45 (12225 & 12775 Stockdale
Highway) to the Consolidated Maintenance District and preliminarily approving,
confirming and adopting the Public Works Director's Report.
Agreements:
2011 Healthcare Agreements:
Agreement with Anthem Blue Cross for PPO health insurance for eligible
employees.
2. Agreement with Anthem Blue Cross for PPO health insurance for eligible
retired employees.
3. Agreement with Anthem Blue Cross for HMO medical insurance for eligible
employees.
4. Amendment No. 2 to Agreement No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance for Medicare eligible retire employees.
5. Amendment No. 6 to Agreement No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical insurance for eligible employees.
6. Agreement with Kaiser Permanente - Managed Care Health Plans for medical
insurance for eligible retired employees.
7. Agreement with Kaiser Permanente - Managed Care Health Plans for medical
insurance for Medicare eligible retired employees.
8. Agreement with Medical Eye Services (MES) for vision insurance for eligible
employees.
9. Agreement with Medical Eye Services (MES) for vision insurance for eligible
retired employees.
10. Agreement with Pacific Union Dental for pre-paid dental insurance for eligible
employees.
11. Agreement with Pacific Union Dental for pre-paid dental insurance for eligible
retired employees.
2 City Council Meeting of 9/22/2010
8. CONSENT CALENDAR continued
2011 Healthcare Agreements (cont):
12. Agreement with PacifiCare Behavioral Health of California for emotional
health care insurance for eligible employees.
13. Agreement with PacifiCare Behavioral Health of California for emotional
health care insurance for eligible retired employees.
14. Amendment No. 4 to Agreement No. 06-337 with Fort Dearborn Life Insurance
Co, for life insurance for eligible employees.
15, Amendment No. 3 to Agreement No. 08-019 with HealthComp, Inc. for any
employee unreimbursed medical and dependent care expenses under IRS
Section 125.
(Ward 6) j. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Amendment No. 4 to Agreement No. 06-388 with Jacobs Project
Management Co. ($30,000; revised not to exceed $7,930,000) for additional
construction management services for the project and assignment of
agreement to Jacobs Project Management Co. (previously Jacobs Civil, Inc.)
2. Appropriate $30,000 Sewer Enterprise fund balance (Wastewater Treatment
Plant No. 3) to the Public Works Department Capital Improvement Budget to
fund this amendment.
(Ward 2,4,5) k. Amendment No. 3 to Agreement No. 07-184 with Griswold, LaSalle, Cobb, Dowd &
Gin, L.L.P. ($50,000; revised not to exceed $200,000) to provide outside legal services
for right-of-way/eminent domain cases for the Westside Parkway. (TRIP)
(Ward 2,4,5) I. Contract Change Order Nos. 2 and 3 to Agreement No. 08-214 with Security Paving
Co., Inc. ($414,396; revised not to exceed $28,219,665.81) for the construction of the
Westside Parkway Phase I Project. (TRIP)
(ward 2,4,5) M. Contract Change Order No. 6 to Agreement No. 09-076 with Security Paving Co.,
Inc. ($61,463.25; revised not exceed $78,014,098.47) for the construction of the
Westside Parkway Phase II Project. (TRIP)
(Ward 2,5) n. Contract Change Order No. 1 to Agreement No. 10-021 with Turnupseed Electric
Service, Inc. ($22,152.87; revised not to exceed $130,217.87) for the Traffic Monitoring
Cameras 08-09 Project.
Bids:
o. Accept bid from Kelly Equipment ($1,455,312.98) for five replacement rear broom
street sweepers for the Streets Division,
P. Accept base bid and additive alternate from Cummins West, Inc. ($61,495.34) for the
engine replacement on a 1996 Champion 710A motor grader in use in the Streets
Division.
q. Accept bid from Coastline Equipment ($50,317.50) for the engine replacement on a
1982 John Deere JD770A motor grader in use in the Solid Waste Division.
City Council Meeting of 9/22/2010
8. CONSENT CALENDAR continued
Side loading refuse truck for the Solid Waste Division:
1. Accept bid from Golden State Peterbilt, ($306,203.05) for one additional side
loading refuse truck.
2. Transfer $306,203 from the Refuse Fund to the Equipment Management fund
to facilitate the purchase of the additional refuse truck.
Accept bid from Quinn Co. ($55,187.26) for the engine replacement on a 1995
Caterpillar IT28F loader in use in the Water Resources Department.
Accept bid and additive alternate from Quinn Co. ($157,563.29) for the engine
replacement on a 1996 Caterpillar D81? tractor in use in the Water Resources
Department.
U. Accept bid and approve annual contract with Ennis Paint, Inc. ($148,221.31) for the
supply of traffic paint.
(Ward 2) v. Accept bid and approve contract with Graham Prewett, Inc. ($272,000) for the roof
replacement at City Hall South.
W. Accept bid and approve annual contract with Bowman Asphalt, Inc. (not to exceed
$6,992,484.53) for the supply of street materials.
Miscellaneous:
(Ward 1) X. Appropriate $600,000 Southeast Redevelopment Project Area Fund Balance -
$500,000 to Capital Improvement Budget - Street Improvements for South Mill Creek
Village and $100,000 to the Operating Budget for Land and Improvements within the
Southeast Redevelopment Fund.
Y. Appropriate $203,793 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant from the U.S. Dept, of Justice) to the General Fund Police
Operating Budget for crime analysis software and directed policing overtime.
Appropriate $30,000 Federal Grant Revenues (Arrive Alive Sober Driving Coalition II,
Bakersfield Eastside DUI Corridor Safety Project, Grant No. AL10109 from State Office
of Traffic Safety) to the General Fund Police Operating Budget to fund overtime for
traffic enforcement strategies along State Routes 178 and 58 within the greater
Bakersfield area
Staff recommends adoption of Consent Calendar Items 8. a. through 8.z.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. CLOSED SESSION
a. Conference with labor negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. HEARINGS
13. REPORTS
4 City Council Meeting of 9/22/2010
♦I
14. DEFERRED BUSINESS
(Parties allowed 15 minutes to speak, per side, and 5 minutes rebuttal, per side for this
item.)
a, Impasse Hearing for Fire Labor negotiations pursuant to Municipal Code Section
2.76.130. (item heard at 09108110 meeting.)
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.
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
q0(
/ Alan Tandy
City Manager
9/16/10 9:32am
5 City Council Meeting of 9/22/2010
AGENDA Hi"LIGHTS
September 22, 2010 COUNCIL MEETING
CONSENT CALENDAR
Items 8c, and 8d. Resolutions Authorizing 6gglicaiion for State Grant Funds for two Mill Creek
residential protects. In order for the City to apply for grant funds through the "Building Equity
and Growth In Neighborhoods Program", the California Department of Housing and Community
Development requires approval by City Council resolution. The funding will be used for
mortgage loan assistance to first-time homebuyers who wish to purchase a home at the
Parkvlew Cottages (grant application in the amount of $1,400,000), at 21s+ and R Streets, or the
Creekview Villa Townhomes (grant application in the amount of $1,800,000) under construction
at 1300 R Street.
Item 8f. Resolution supporting a new Habitat Conservation Plan and time extension of the
current plan's existing pgrmits Staff continues to work with the wildlife agencies and
development community to prepare a new HCP. However, a new plan will not be completed
before the expiration date of the current HCP In 2014 (the work will take approximately 5 - 7
years). Based on public comments received at the September 9, 2010 Planning and
Development Committee, the Committee Is In favor of supporting a request for a time extension
of the existing HCP, since we have developed substantially less land than anticipated under the
current program, and we are actively working on a new HCP.
G• =.=u=
Item 81. 2011 Healthcare Agreements. The City's health Insurance contracts are up for renewal
for the 2011 plan year. Our health care consultant, the Segal Company, was able to avoid rate
increases for a majority of the City's plans, and secured a -13.4% decrease In the Kaiser Active
plan. The decrease is significant, as it not only provides a substantial reduction for those who
select that plan, but it is also the basis for calculating the "years of service" subsidy provided to
eligible retirees, further reducing the City's costs. The proposals have been approved by the
Personnel Committee and the Insurance Committee. This item is to request Council approval of
the 2011 renewal rates, except for the Employee Assistance Plan and Metufe Dental Plan rates,
which will appear on the October 13, 2011 agenda.
Contract Change Orders with Security Paving Company for the Westside Parkway Project
Item 81. During the bidding phase for construction of Phase 1 (the Mohawk Street Extension),
negotiations with property owners for land acquisition were still In process. At that time, the
plans Included construction of a retaining wall within the existing City right-of-way to allow
access to the BNSF railroad from the south side of the tracks on Mohawk Street. Final
negotiations with the property owners Included the acquisition of new property, allowing the
wall to be moved and reduced in length, resulting in a credit of $292,140.03, as reflected In
Change Order No. 2. In addition, the plans used for bidding In 2009 included construction of 3
bridges. However, significant modifications to the Mohawk Street overcrossing have been
necessary to provide the required span for an extra connector-distributor lane under the bridge
for the future Centennial Corridor Project. Change Order No. 3 In the amount of $706,536.03
represents full and final compensation to the contractor to modify the bridge. The combined
total for Change Order No. 2 and 3 for the Phase I project is $414, 396.00; sufficient funds were
previously budgeted for payment.
Item 8m. As a result of modifications to the soundwalis for Phase 2 (which Includes construction
of the freeway from Mohawk to Allen Road, with full Interchanges at Mohawk, Coffee, and
Calloway Drive), two previous change orders were approved by the City Council on May 19,
2010. However, staff and the contractor had not reached agreement on the full compensation
for the additional reinforcing steel needed for the height of the soundwalis. After further review
and price analysis, staff and the contractor have agreed to an additional $61,463.25 for final
and full compensation for the steel, which is reflected In Change Order No. 6 for the Phase 2
project. Sufficient funds were previously budgeted for payment.
Bids
Items 80. - 8s. Purchase of Automotive Equipment These Items Include the purchase of various
City vehicles and replacement parts, including: 5 replacement rear broom street sweepers, 3
engine replacements for 2 motor graders and 1 loader (which will be more cost effective than
full replacement of the units); and 1 side loading refuse truck. Funds for these purchases are
available from the Equipment Replacement fund.
CLOSED SESSION
There will be a conference with the Labor Negotiator.
DEFERRED BUSINESS
Item 14a. 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 MOU
began in January 2008 and continued through August 11. 2010. The City presented a "Last,
Best, and Final Offer" on August 2, 2010, and again on August 11, 2010. The BFLO officially
rejected the Offer on August 11, 2010, and Impasse was declared. The Impasse Hearing before
the City Council was held on September 8, 2010. The Council voted to delay action until the
September 22, 2010 Council meeting, so staff could research concerns raised by BFLO and to,
again, give BFLO an opportunity to present any alternative options that would produce the
necessary budget savings.
Regarding Issues that were raised as to potential risks and costs associated with closing a station
or reducing staffing, please refer to the summarization in the Administrative Report, and the
attachment entitled BFLO Negotlatlon Referrals.
Two separate Issues remain from the September 8, 2010 meeting. The first Issue Is the Imposition
of the Last, Best, and Final Offer, which continues to be the staff recommendation. Adoption of
the Resolution will set working conditions for a one year term and allow for removal of the
staffing language. The second Issue Is the Fire Staffing adjustments after the unilateral adoption,
for which Council and management have requested input and alternatives from BFLO. Through
further study and effort the Fire Chief has revised his alternative staffing plan, which would go
Agenda Highlights - September22, 2010 Council Meeting
Page 2
Into effect when the Council has adopted the Resolution. His plan Is described in the
Administrative Report.
Council also required that BFLO present any alternatives to the City no later than Wednesday,
September 15, 2010. As of the preparation of the Administrative Report, BFLO representatives
had met with the City Manager on September 15, 2010, and, separately, with the Fire Chief. On
Thursday, September 16, 2010, the Fire Chief received a transmittal from BFLO. The full verbage
of their proposal is Included in the Administrative Report.
Staff's analysis of the proposal concludes that It falls short of dealing with our current financial
problems and contains no flexibility for future circumstances, such as the passage of the State
budget, which we anticipate will result in a negative financial impact to the City. The staff
recommendation provides a longer term and more permanent solution to the financial
problems we face.
Approved: ~ 7
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - September22, 2010 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
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MEETING DATE: September 22, 2010 AGENDA SECTION: Presentations
ITEM: 5. a.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA /1
DATE: September 10, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Antonia Valpredo declaring October
3, 2010, "Luigi's Day" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: September 22, 2010 AGENDA SECTION: Presentations
ITEM: 6 , b .
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: September 10, 2010 CITY ATTORNEY p~
CITY MANAGER ~c..J
SUBJECT: Presentation by Mayor Hall of Proclamation to Links for Life representatives declaring
October, 2010 Paint the Town Pink Month.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: September 22, 2010 AGENDA SECTION: Presentations
ITEM: ; n
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA 1.
DATE: September 10, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Brian Mendiburu declaring October 10, 2010,
Nancy Ann Mendiburu Cancer Fighter Day in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: R n
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: September 10, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the September 8, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 10, 2010 CITY ATTORNEY L
CITY MANAGER
SUBJECT: Approval of department payments from August 27, 2010 to September 9, 2010
in the amount of $21,709,906.92 and Self Insurance payments from August 27,
2010 to September 9, 2010 in the amount of $152,842.03.
RECOMMENDATION:
Staff recommends approval of payments totaling $21,862,748.95
BACKGROUND:
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September 10, 2010, 10:27AM
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MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: A n
TO: Honorable Mayor and City Council APP VED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA
DATE: September 9, 2010
CITY ATTORNEY--
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the application for
State grant funds (in the amount of $1,400,000) for the Parkview Cottages and
participation in the Building Equity and Growth in Neighborhoods (BEGIN) Program
including execution of a Standard Agreement or other documents to secure
funding from the California Department of Housing and Community Development
(HCD). (Ward 2)
RECOMMENDATION:
Staff recommends adoption and authorize the City Manager or his designee to execute all
documents related to the grant.
BACKGROUND:
The BEGIN Program was designed to foster partnerships between cities, counties, and housing
developers in an effort to reduce the cost and increase the supply of new homeownership
opportunities for low- and moderate-income households. The primary intent of BEGIN is to
encourage affordability in homeownership through the reduction of permitting and regulatory
costs which add significant costs to new construction. In exchange for regulatory concessions
made at the local level, the BEGIN program provides up to 20% of the purchase price in
downpayment assistance as a deferred second financing to benefit low- and moderate-income
households.
Staff is requesting $1,400,000 in grant funds to be used to provide mortgage loan assistance to
the 28 remaining low- and moderate-income first-time homebuyers interested in purchasing a
home at the Parkview Cottages located at 2111 and R streets. Parkview Cottages, LLC is the
affordable housing developer's whose role will be to construct quality housing that will be
affordably priced to low- and moderate-income households. Regulatory agreements and
restrictions have been placed on the property to ensure the affordability of the units for 45 years.
Twenty-eight of the units are to be restricted to those persons or families whose incomes do not
exceed 120% of average median income (AMI) as set by the U.S. Department of Housing and
Urban Development. The square footage for the affordable housing units will be 1,280 to 1820
(three and four bedrooms) and be priced in the $180,000 W range. The Bakersfield
Redevelopment Agency has a Disposition and Development Agreement with the developer to
ensure the construction and affordability of the project. The developer has completed and sold
September 9, 2010, 2:04PM
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ADMINISTRATIVE REPORT
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forty-six of the seventy-four affordable single family units. Two townhomes are
currently under construction and expected to be completed for occupancy by February of 2011.
The California Department of Housing and Community Development (HCD) require the attached
resolution be executed by the City in order to apply for grant funds through the State BEGIN
Program. This attached resolution authorizes city staff to execute and submit the BEGIN
application and necessary agreements and documents required by HCD to receive the grant
funds.
September 9, 2010, 2:04PM
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MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPR VED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD-C-
DATE: September 9, 2010 CITY ATTORNEY "
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the application for
State grant funds (in the amount of $1,800,000) and participation in the Building
Equity and Growth in Neighborhoods (BEGIN) Program for the Creekview Villas,
including execution of a Standard Agreement or other documents to secure
funding from the California Department of Housing and Community Development
(HCD). (Ward 2)
RECOMMENDATION:
Staff recommends adoption and authorize the City Manager or his designee to execute all
documents related to the grant.
BACKGROUND:
The BEGIN Program was designed to foster partnerships between cities, counties, and housing
developers in an effort to reduce the cost and increase the supply of new homeownership
opportunities for low- and moderate-income households. The primary intent of BEGIN is to
encourage affordability in homeownership through the reduction of permitting and regulatory
costs which add significant costs to new construction. In exchange for regulatory concessions
made at the local level, the BEGIN program provides up to 20% of the purchase price in
downpayment assistance as a deferred second financing to benefit low- and moderate-income
households.
Staff is requesting $1,800,000 in grant funds to be used to provide mortgage loan assistance to
the 36 low- and moderate-income first-time homebuyers interested in purchasing a home at the
Creekview Villa Townhomes located at 1300 R Street. Creekview Villa's, LLC is the affordable
housing developer's whose role will be to construct quality upscale housing that will be
affordably priced to low- and moderate-income households. Regulatory agreements and
restrictions have been placed on the property to ensure the affordability of the units for 45 years.
Thirty of the units are to be restricted to those persons or families whose incomes do not exceed
120% of average median income (AMI) as set by the U.S. Department of Housing and Urban
Development. The remaining six units are restricted to those persons and families whose incomes
do not exceed 80% AMI. The average square footage for the affordable housing units will be
1,843 (three bedrooms) and be priced in the $180,000 W range. The Bakersfield Redevelopment
Agency has a Disposition and Development Agreement with the developer to ensure the
September 9, 2010,1:55PM
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construction and affordability of the project. The first fourteen townhomes are
currently under construction and expected to be completed for occupancy by December 2010.
The California Department of Housing and Community Development (HCD) require the attached
resolution be executed by the City in order to apply for grant funds through the State BEGIN
Program. This attached resolution authorizes city staff to execute and submit the BEGIN
application and necessary agreements and documents required by HCD to receive the grant
funds.
September 9, 2010, 1:55PM
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MEETING DATE: September 22, 2010 AGENDA SECTION: Consent
ITEM e.
TO: Honorable Mayor and City Council APPROVED
FROM: Phil Burns, Building Director DEPARTMENT HEAD
DATE: September 3, 2010 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Resolution confirming approval by the City 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.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on September 13, 2010, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter and/or were determined to be in violation of
Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous
buildings. The property owners were notified and failed to comply with the notices to abate such
public nuisance. After a hearing duly noticed and held before the Building Director, the Director
issued orders requiring the property owner to abate the public nuisance. The subject properties
are listed as follows:
PR
OPERTY LOCATION
APN
COST
Wa
rd 1 /Councllmember Irma Carson
1.
3331 Bank Street
020-083-10
$
789.00
2.
217 S. Brown Street
019-192-12
$
300.00
3.
229 S. Brown Street
019-192-06
$
300.00
4.
605 S. Brown Street
019-091-15
$
105.00
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Councllmember Irma Carson
5.
820 S. Brown Street
019-142-04
$
7275.00
6.
906 S. Brown Street
019-153-03
$
300.00
7.
5527 Casa Bonita Drive
173-570-57
$
300.00
8.
811 Casino Street
170-231-15
$
105.00
9.
813 Casino Street
170-231-14
$
300.00
10.
913 Casino Street
170-221-16
$
939.00
11.
6810 Cerralvo Street
516-131-12
$
725.00
12.
NEC S. Chester Ave & Geneva
022-190-16
$
844.00
13.
208 Churchill Drive
169-102-27
$
740.00
14.
210 Clyde Street
018-350-08
$
300.00
15.
305 Dr. Martin L. King Jr. Blvd.
019-181-11
$
785.00
16.
326 Dr. Martin L. King Jr. Blvd.
018-420-04
$
670.00
17.
328 Dr. Martin L. King Jr. Blvd.
018-420-03
$
670.00
18.
332 Dr. Martin L. King Jr. Blvd.
018-420-01
$
680.00
19.
510 Fig Street
01 1-041-09
$
789.00
20.
5213 Gaylene Avenue
412-202-22
$
300.00
21.
3427 Garnsey Lane
020-160-16
$
105.00
22.
236 S. Haley Street
019-191-01
$
899.00
23.
345 S. Haley Street
019-182-15
$
300.00
24.
716 S. Haley Street
019-111-04
$
680.00
25.
301 Hayes Street
018-360-37
$
760.00
26.
3407 Horne Street
172-092-08
$
694.00
27.
3508 Horne Street
172-091-33
$
850.00
28.
828 L Street
009-221-05
$
760.00
29.
124 Liggett Street
139-391-04
$
899.00
30.
5422 Los Amigos Drive
173-470-23
$
730.00
31.
5301 Mar Grande Drive
173-564-04
$
777.00
32.
5501 Mar Grande Drive
173-580-21
$
750.00
33.
208 Miraflores Avenue
516-071-14
$
105.00
34.
404 Obregon Avenue
516-241-15
$
725.00
35.
318 S. Owens Street
018-220-06
$
690.00
36.
901 E. Planz Road
172-121-01
$
300.00
37.
1117 E. Planz Road
172-123-03
$
700.00
38.
220 Rodman Street
139-341-12
$
105.00
39.
7 N. Stine Road
020-293-06
$
105.00
40.
1104 Virginia Avenue
018-112-20
$
719.00
41.
1108 Virginia Avenue
018-112-19
$
1069.00
42.
1222 2nd Street
010-240-22
$
105.00
Demolished structure
September 3, 2010, 1:22PM
S:wana\ADMINS\2010\Sept\09-22-Property Abatement Demo.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Counciimember Irma Carson
43.
530 E. 9th Street
139-111-05
$
300.00
44.
600 E. 9th Street
139-112-10
$
105.00
45.
613 E. 9th Street
139-162-04
$
105.00
Ward 2/Counciimember Sue Benham
46.
2915 Bank Street
008-075-03
$
105.00
47.
517 Beale Street
017-270-01
$
675.00
48.
2810 Cedar Street
001-221-15
$
650.00
49.
117 Cypress Street
008-073-01
$
300.00
50.
1311 Eureka Street
017-330-03
$
675.00
51.
233 Eye Street
010-280-07
$
1000.00
52.
709 Eye Street
009-251-07
$
750.00
53.
1729 Forrest Street
007-210-29
$
300.00
54.
430 Kentucky Street
014-250-12
$
969.00
55.
821 Kentucky Street
014-300-08
$
769.00
56.
823 Kentucky Street
014-300-10
$
929.00
57.
212 Lincoln Street
012-300-15
$
730.00
58.
3630 M Street
120-150-18
$
689.00
59.
314 Monterey Street
014-060-17
$
694.00
60.
1729 Orange Street
007-192-18
$
105.00
61.
2400 Park Way
007-091-11
$
1329.00
62.
3040 Spruce Street
001-064-05
$
694.00
63.
2207 Verde Street
008-283-11
$
1750.00
64.
1119 E. 21st Street
017-110-07
$
730.00
65.
530 30th Street
002-082-15
$
940.00
Ward 3/Counciimemb r Ken Weir
66.
5914 Asti Drive
332-623-04
$
300.00
67.
6101 Auburn Oaks Drive
438-010-09
$
1,194.00
68.
4220 Coronado Avenue
146-093-07
$
880.00
69.
3706 Fleetwood Way
382-072-02
$
300.00
70.
3406 Harvard Drive
383-212-19
$
889.00
71.
4204 Littler Court
434-071-02
$
1,075.00
72.
5402 Moraga Court
365-231-01
$
300.00
73.
10901 Unser Court
533-021-16
$
725.00
74.
5903 Verano Court
365-241-15
$
850.00
75.
3105 Wenatchee Avenue
383-142-02
$
685.00
September 3, 2010, 1:22PM
s:\Dana\ADMINS\2010\Sept\09-22-Property Abatement Demo.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 4/Councllmember David Couch
76.
10102 Atakapa Avenue
526-191-06
$
724.00
77.
11304 Bocelli Avenue
528-132-27
$
724.00
78.
11615 Champions Avenue
528-321-20
$
880.00
79.
10335 Cheyenne Drive
526-331-10
$
690.00
80.
5005 Crow Court
526-322-10
$
105.00
81.
10908 Cypress Falls Avenue
525-602-05
$
105.00
82.
11417 Jimrik Avenue
465-452-05
$
684.00
83.
11519 Jimrik Avenue
465-452-09
$
684.00
84.
11601 Jimrik Avenue
465-452-10
$
684.00
85.
11613 Jimrik Avenue
465-452-12
$
684.00
86.
11619 Jimrik Avenue
465-452-13
$
694.00
87.
11717 Jimrik Avenue
465-452-17
$
694.00
88.
12509 Knights Bridge Place
528-192-13
$
105.00
89.
12324 Mezzadro Avenue
528-464-02
$
724.00
90.
11913 Nebula Court
465-472-19
$
300.00
91.
10902 New Forest Drive
526-541-09
$
875.00
92.
10715 Pinebrook Falls Drive
525-292-03
$
850.00
93.
313 Portola Court
409-220-18
$
689.00
94.
315 Portola Court
409-220-19
$
689.00
95.
11000 Quadrille Court
526-241-09
$
300.00
96.
2210 Ribble Valley Drive
523-300-10
$
300.00
97.
10321 Seneca Falls Avenue
525-321-15
$
105.00
98.
303 Via Esperanza
409-213-06
$
730.00
Ward
5/Councllimember Harold Hanson
99.
9009 District Boulevard
392-172-31
$
105.00
100.
8905 Duncanson Drive
392-272-02
$
859.00
101.
10019 Grand View Summit Drive
394-462-03
$
789.00
102.
904 Harvest Creek Road
501-062-05
$
728.00
103.
9317 Nickam Court
392-232-52
$
839.00
104.
7816 River Mist Avenue
498-082-35
$
739.00
105.
8617 White Rock Drive
501-073-05
$
720.00
Ward 6/Coucilmember Jacgulle Sullivan
106.
6120 Chicory Drive
384-242-04
$
798.00
107.
2905 N. Half Moon Drive
355-355-05
$
750.00
108.
7151 Hanover Circle
385-403-21
$
600.00
109.
1209 La Puente Drive
194-512-01
$
105.00
September 3, 2010, 1:22PM
S:\Dana\ADMINS\2010\Sept\09-22-Property Abatement Demo.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 6/Coucilmember_Jacaule Sullivan
110.
5914 March Meadows Way
499-242-05
$
105.00
111.
6416 Plaquemines Drive
385-080-18
$
300.00
112.
2311 San Marino Street
440-034-13
$
105.00
113.
5723 Sky Lakes Avenue
498-462-03
$
105.00
114.
5515 Stillwater Drive
498-503-02
$
105.00
115.
5408 Thyme Lane
384-091-21
$
105.00
116.
5416 Thyme Lane
384-091-23
$
105.00
117.
3817 White Lane
404-071-29
$
105.00
118.
3821 White Lane
404-071-28
$
105.00
Ward 7/Councilmember Zack Scrivner
119.
4321 Balboa Drive
171-183-03
$
1029.00
120.
4330 Balboa Drive
171-182-15
$
899.00
121.
4331 Balboa Drive
171-183-04
$
879.00
122.
4901 Centaur Street
372-041-01
$
105.00
123.
1300 Fawnbrook Drive
413-111-07
$
300.00
124.
3213 Hughes Lane
023-364-12
$
708.00
125.
5920 Lenz Court
413-102-20
$
105.00
126.
5904 Lugene Avenue
371-416-02
$
105.00
127.
NWC Mesa Grande & Los Cameros
405-101-05
$
300.00
128.
2301 Pacheco Road
372-212-34
$
105.00
129.
4331 Palmacia Drive
171-182-04
$
1100.00
130.
7711 Snowbird Street
516-352-01
$
700.00
131.
7500 Wible Road
515-110-10
$
849.00
132.
8116 Wolfpack Drive
514-311-05
$
800.00
The owners of the above-mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
September 3, 2010, 1:22PM
S:\Dana\ADMINS\2010\Sept\09-22-Property Abatement Demo.doc
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: September 13, 2010
APPROVED
DEPARTMENT HEAt
CITY ATTORNEY
CITY MANAGER SUBJECT: Resolution supporting preparation of a new Metropolitan Bakersfield Habitat
Conservation Plan and extensions of time of the current plan's existing permits
with the U.S. Fish and Wildlife Service and the California Department of Fish
and Game (all wards).
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The City of Bakersfield and County of Kern jointly adopted and currently manage the
Metropolitan Bakersfield Habitat Conservation Plan (HCP), which is a comprehensive
program to mitigate the impact of urbanization on federal and state protected plant and
animal species while allowing urban development to proceed as set forth in the
Metropolitan Bakersfield General Plan.
On August 24, 1994, the HCP became effective by the approval of an Implementation
Agreement between the U.S. Fish and Wildlife Service, California Department of Fish and
Game, City of Bakersfield and County of Kern as a cooperative federal state and to I
program for plant and animal conservation. '
August 24, 2014, or until urban development
lands or 43,000 acres of open lands.
ca
his agreement is for a 20-year period expiring
permits are issued for 15,200 acres of natural
Staff has been working with the wildlife agencies and development community towards
preparation of a new HCP, which includes making application for federal grants to fund this
work. However, a new plan, related agreements and wildlife permits will not be completed
before the expiration date of the current HCP (this work is anticipated to take approximately
5-7 years). There is provision to extend our permits with the wildlife agencies, which is being
recommended to cover the gap of time between the current expiration, and when a new
HCP and related wildlife permits from the wildlife agencies become effective.
September 13, 2010, 3:19PM
JE\P:\Forms-Apps-Usts\Administrotive Report.doc
ADMINISTRATIVE REPORT
Page 2
According to the last Quarterly Report of the Metropolitan Bakersfield Habitat Conservation
Plan reported on July 31, 2010, the program's cumulative approved urban development on
natural land has only been 3,101.20 acres and on open land 18,098.95 acres, which are
substantially below the limits of the existing wildlife permits.
Based on public comments received at the last Planning and Development Committee
meeting held on September 9th, support was given to request time extensions since we have
developed substantially less land than anticipated under the current program, and that we
are actively working on a new HCP that will be consistent with most current wildlife
management strategies and mitigation to the benefit of those agencies.
Therefore, it was the recommendation of the Planning and Development Committee that
the City Council support staff efforts in preparing a new HCP, and request time extensions to
the existing wildlife permits with the U.S. Fish and Wildlife Service and California Department
of Fish and Game to cover the period of time between August 24, 2014, and the effective
date of any new HCP and related new wildlife permits.
September 13, 2010, 3:19PM
JE\S: \Dona\ADMINS\2010\Sept\09-22-HCP Support_ I.doc
A
OFy w+r
ADMINISTRATIVE REPORT
C 'fir n~
1
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8, .
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1674 to form a Traffic Signal Maintenance District,
designated as TS-21 (Stockdale, Allen SE & NE) and preliminarily adopting,
confirming and approving the Public Works Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels to be included into the Traffic Signal Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Traffic Signal Maintenance District will provide
for the operation and maintenance of a convenient traffic signal.
Staff is recommending the new territory be added to the Traffic Signal Maintenance District at
the next City Council meeting.
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 Traffic Signal Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Traffic Signal Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdividers)/developer(s) to be recorded with the subdivision map. A copy of this covenant is
attached for reference.
G:\GROUPDATWDMINRPT\2010\09-22\TS-21 ROI AdminReport.doc
Owa o 4r
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.k.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD *13~-r
DATE: September 9, 2010 CITY ATTORNEY
CITY MANAGER.. /~s.~ _
SUBJECT: Resolution of Intention (ROI) No. 1675 to add territory, Area 2-45 (12225 & 12775
Stockdale Highway) to the Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel
to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the 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) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
iS
G:\GROUPDATIADMINRP'12010109-221ROI 1675 MD 2-45 admin.doc
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: g, j
TO: Honorable Mayor and City Council
FROM: Steven L. Teglia, Acting Human Resources Manager DEPARTMENT H
DATE: September 13, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: 2011 HEALTHCARE CONTRACTS
APPROVED
1. Agreement with Anthem Blue Cross for PPO Health Insurance for Eligible
Employees.
2. Agreement with Anthem Blue Cross for PPO Health Insurance for Eligible Retired
Employees.
3. Agreement with Anthem Blue Cross for HMO Medical Insurance for Eligible
Employees.
4. Amendment 2 to Agreement No. 08-164 with Anthem Blue Cross Senior Secure for
Medical Insurance for Medicare Eligible Retired Employees.
5. Amendment 6 to Agreement No. 05-417 with Kaiser Permanents - Managed Care
Health Plans for Medical Insurance for Eligible Employees.
6. Agreement with Kaiser Permanente - Managed Care Health Plans for Medical
Insurance for Eligible Retired Employees.
7. Agreement with Kaiser Permanente - Managed Care Health Plans for Medical
Insurance for Medicare Eligible Retired Employees.
8. Agreement with Medical Eye Services (MES) for Vision Insurance for Eligible
Employees.
9. Agreement with Medical Eye Services (MES) for Vision Insurance for Eligible Retired
Employees.
10. Agreement with Pacific Union Dental for pre-paid Dental Insurance for Eligible
Employees.
11. Agreement with Pacific Union Dental for pre-paid Dental Insurance for Eligible
Retired Employees.
12. Agreement with Pact iCare Behavioral Health of California for Emotional Health
Care Insurance for Eligible Employees.
13. Agreement with PacifiCare Behavioral Health of California for Emotional Health
Care Insurance for Eligible Retired Employees.
14. Amendment No. 4 to Agreement No. 06-337 with Fort Dearbom Life Insurance
Company for Eligible Employee life insurance.
15. Amendment No. 3 to Agreement No. 08-019 with HealthComp, Inc. for any
employee un-reimbursed Medical expenses and Dependent Care expenses
under the IRS Section 125.
RECOMMENDATION:
The Personnel Committee recommends Council approval of the contracts.
BACKGROUND:
The City's contracts for health Insurance are up for renewal for the plan year of 2011. Our
health care consultants, The Segal Company (Segal), were directed to make every effort to
maintain or reduce premium costs with no or minimal plan changes. Segal has worked
diligently with the various vendors the City contracts with to meet this goal and achieve the
most favorable renewal rates possible for 2011. In doing so, Segal was able to avoid rate
increases for a majority of the City's plans along with securing a -13.4% rate reduction for the
Kaiser Active plan. The latter is significant in two ways: first in providing a double digit rate
reduction for those who select the Kaiser Active plan; and second, this plan is the basis for
calculating the "years of service" health care subsidy provided to eligible retirees, which
further reduces the City's costs.
On March 23, 2010, President Obama signed into law the Affordable Care Act. This law
contains significant changes which have the intent of enhancing the availability and quality
of health care for all Americans. This law will not be implemented all at once; rather the
majority of regulations will take effect in 2014 and beyond. With that being said, there are
some provisions which will be required prior to 2014. One of these provisions requires plans,
with policy years beginning on or after September 23, 2010 and which offer dependent
coverage, to offer coverage to enrollees' adult children until age 26, regardless of the status
of the adult child. These contracts do include provisions to accomplish this requirement and
Active Employees may add these additional dependents during the open enrollment
process. Compliance with this new law will have the potential to increase costs to the City
depending on the number of individuals added based on this new rule.
In addition, it should be noted that due to the significantly rising cost and low enrollment of
the Anthem Blue Cross Retiree HMO plan, Anthem will be eliminating this plan, thus requiring
the seven (7) remaining plan participants to select another option during the upcoming
open enrollment period.
These proposals have been reviewed and discussed by both the Insurance Committee and
the Personnel Committee and both have recommended approval. Below Is an overview of
the results of Segal's negotiations with the various providers.
ADMINISTRATIVE REPORT
2011 Health Care Renewals
Anthem Blue Cross
Active PPO Plan
Active HMO Plan
Retiree PPO Plan
Retiree Medicare Risk Plan
Percentage Increase/Decrease
0%
0%
0%
7%
Kaiser Permanente
Active
Retiree Under 65
Retiree Medicare Risk Plan
-13.4%
14.5%
-4.4%
Pacific Union Dental
Active - Imperial Plan
Active - Napa Plan
Retiree - Trinity & Regency Plans
0%
0%
0%
MetLife Dental
Active
Medical Eve Services
Active & Retirees
0%
PacifiCare Behavioral Health
Mental Health - Active & Retirees
Employee Assistance Program (EAP)
Fort Dearborn Life (City Paid Life Insurance)
HealthComp Inc. - IRS Section 125
-219%
0%
0%
*(Note: Due to continued negotiations by Segal, two contracts (Employee Assistance
Program and MetLife Dental) will be handled separately and are scheduled to be heard by
the Insurance Committee and Personnel Committee on September 29, 2010. These Items will
be included on the Councils October 13, 2010 agenda for consideration).
BA
~ov,4
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 8, 2010
CITY MANAGER
Wastewater Treatment Plant No. 3 - 2007 Expansion Project (Ward 6):
1. Amendment No. 4 to Construction Management Contract No. 06-388 with Jacobs
Project Management Company, ($30,000.00; for a revised total contract amount of
$7,930,000.00), for additional construction management services for Project and for the
assignment of Contract to Jacobs Project Management Company.
2. Appropriate $30,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No.
3) to the Public Works Department's Capital Improvement Budget to fund this
Amendment.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Ae
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: Agreement No. 06-388 with Jacobs Project Management Company was approved by
the City Council on December 13, 2006. This Agreement provided for construction management service,
constructability review, construction inspection, construction surveying, and soil/material testing for the
$211 million Wastewater Treatment Plant 3 Upgrade and Expansion Project. The construction phase
portion of the budget is 99% depleted. This is mostly due to the near completion of the expansion project.
The remaining work is the cogeneration system start up which requires additional construction
management services. The compensation clause needs to be increased by $30,000 for the additional
services. The following table summarizes the amended compensation by category of work:
DESCRIPTION
1. Constructability Review Phase (fixed fee)
2. Bidding Phase (not-to-exceed fee)
3. Construction Phase (not-to-exceed fee)
4. Reimbursable Expenses for All Phases of Work
(not-to-exceed fee)
AMENDMENT 4 FEE
$182,920 (no change)
248,721 (no change)
7,269,109 (formerly $7,239,109)
229.250 (no change)
$ 7.930.000
Staff proposes to fund this Amendment with Sewer Enterprise Fund balance. There is no General Fund
impact associated with this Amendment. In addition, this Amendment assigns the contract to Jacobs
Project Management Company. The original contract was entered into with Jacobs Civil Inc.
Is
GAGROUPDATWDMINRM2010109-22Wmendment 4 to Agreement 06-388 Jacobs Civil Incorporated Administr.doc
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: S. K.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: September 13, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER -A
SUBJECT: Amendment No. 3 to Agreement No. 07-184 with Griswold, LaSalle, Cobb, Dowd &
Gin, L.L.P. ($50,000; revised not to exceed $200,000) to provide outside legal
services for right-of-way/eminent domain cases for the Westside Parkway. (Wards
2, 4 and 5)
RECOMMENDATION:
Staff recommends approval of the third amendment to the Agreement.
BACKGROUND:
On June 27, 2007 the City and the law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. entered
into Agreement No. 07-184 whereby Griswold, LaSalle agreed to handle six right-of-way/eminent
domain matters on behalf of the City for the Westside Parkway. The Agreement was amended
on February 27, 2008 to increase the number of right-of-way/eminent domain matters to ten. The
total contract amount was $150,000. The Agreement was amended again on January 28, 2009
to cover the process of obtaining temporary construction easements ("TCEs") in order to build a
sound wall along the east-west Phase II portion of the Westside Parkway.
The City is now in the process of obtaining additional parcels/TCEs in Phases IV and VI of the
Westside Parkway. City staff has or is currently negotiating acquisitions with most of the property
owners. It is estimated that the City will have to obtain five to ten of the parcels/TCEs through
initiation of eminent domain proceedings. The law firm of Griswold LaSalle has agreed to handle
these legal matters for an additional $50,000, bringing the total amount of the contract to
$200,000.
Funds to pay for attorneys' services have been budgeted in the Public Works Department and
are covered by State Transportation Improvement Program money.
JHR:Isc
5:\000NC1L\Adm1ns\10-11 Admins\AttyAgr07-184Amd3.GriswoldLasSalle-WP.dot
September 13, 2010, 10:34AM
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 13, 2010
APP ,T OVED
DEPARTMENT HEAD _
CITY "'',%jRNEY...
SUBJECT: Contract Change Orders No _ r:lcnr No. 08-214 with Sec ty Paving
Company, Inc. ($41A oz:wised not to exceed amount of $28,219,665.81)
for the Constructic, The 4Y ~siside Parkway Phase I Project (TRIP) (Ward 2).
RECOMMENDW!17Nh1: ~-fcff recommends approval of Contract Change Orders.
BACKGROUND: During the bidding phase of the Westside Parkway Phase I Project (Mohawk
Street Extension), City staff was in the process of negotiating with property owners the acquisitior
+rynd necessary for the project. To provide access to BNSF from the south side of the rniirr----J
tracks oi'. `Ahawk St., the construction plans were designed in such a way to allow, inn project
to be constrk,... °d u retaining wall within the existing City right-of- ,)w that the City has
finalized all nego~~u"~i~s, and in an effort to save fur,.',- N uject, staff proposes to modify
the retaining wall by rE : ^n ly t" 1--- L _ . roving it to the newly acquired property. This
modification represents a savings of $292,140.03 which is credited to the City with contract
change order No. 2 as a final and full reduction to the contract for the changes of the various
items of work at contract unit prices as specified in the change order.
Likewise, the construction plans that were used in 2009 for bidding this project included the
construction of 3 bridges. One of them, the Mohawk St. overcrossing which spans the future
Westside Parkway was under review by the California Department of Transportation (Caltrans) as
part of the Centennial Corridor Project. As a result of this review and in conjunction with City's
design consultant, Dokken Engineering, significant modifications to the plans for this bridge
structure were necessary to accommodate the future Centennial Corridor Project. These
modifications will provide the required span to include an extra connector-distributor lane under
the bridge for the Centennial Corridor Project. To avoid major negative impacts such as
disruptions to traffic, longer period of time to construct, and a higher cost, staff recommends
implementing these changes to the construction plans now, rather than in a future when the
Mohawk St. overcrossing bridge is open to traffic.
The cost to perform this work is included in change order No. 3 for a total of $706,536.03 for the
increase of bid items and additional items of work not included in the original plan set. This cost
represents full and final compensation to the contractor to implement the modifications to the
bridge as stated in the contract change order.
G:%GROUPDANIDMINRPT12010~W22Wdmin Rpt CCO 2 and 3 Westside Parkway Phase-l A=
ProjectO MP10
A
ADMINISTRATIVE REPORT
Staff recommends approval of Contract Change Orders No. 2 and 3. Change Orders to date,
including these proposed Change Orders, total $ 491,446.00. This is a 1.8% increase over the
Agreement as illustrated below:
• Original Contract Amount = $ 27,728,219.81
• Previous Change Order No. 1 = $ 77,050.00
• Current Change Orders No. 2 and 3 = $ 414,396.00
• Amended Contract Agreement after Change Orders = $ 28,219,665.81
Net Increase to date = $ 491,446.00
Sufficient funds have been previously budgeted to pay for these contract change orders.
Due to the voluminous nature of the exhibits to these change orders, they are on file In the City
Clerk's Office for review.
GAGROUPDAT1ADMINRPT\2010109-22Wdmin Rpt CCO 2 and 3 Westside Parkway Phase-1.doac
Project # TOWN0
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.m.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 9, 2010
ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 6 to Agreement No. 09-076 with Security Paving
Company, Inc. ($61,463.25; for a revised not to exceed amount of $78,014,098.47)
for the Construction of the Westside Parkway Phase II Project (TRIP) (Wards 2, 4 and
5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: As a result of the modifications to the soundwalls for the Westside Parkway Phase
II identified during the new noise study for the Centennial Corridor Project, staff issued change
orders No. 2 and 3 to compensate the contractor, Security Paving Company (SPC), for the
additional materials and labor needed to implement such modifications. These contract change
orders were approved by City Council during the meeting on May 19, 2010. At that time, staff
and SPC had not reached an agreement as to the full compensation for the additional
reinforcing steel needed for the changes to the height on the soundwalls. Staff decided to
process change order No. 3 unilaterally using the staff calculated reinforcing steel cost to avoid
delays to the project and provide partial compensation to the contractor. After further review of
quantities and price analysis, staff and SPC have reached agreement as to the full compensation
for the reinforcing steel required as a result of the modifications to the soundwalls. SPC has
accepted and signed change order No. 3 as partial payment and has also accepted this
change order No. 6 in the amount of $61,463.25 as final and full compensation.
This amount is considerably lower that what the contractor initially requested for compensation to
perform this work.
Staff recommends approval of Contract Change Order No. 6. Change Orders to date, including
this proposed Change Order, total $1,441,653.40. This is a 1.9% increase over the Agreement as
illustrated below:
• Original Contract Amount = $ 76,572,445.07
• Previous Change Orders = $ 1,380,190.15
• Current Change Order No. 6 = $ 61,463.25
• Amended Contract Agreement after Change Orders = $ 78,014,098.47
Net Increase to date = $ 1,441,653.40
Sufficient funds have been previously budgeted to pay for these contract change orders.
Please note that the Westside Parkway will have significant change orders as construction
GAGROUPDATIADMINRPT12010109-22Wdmin Rpt CCO 6 Wastskie Parkway Phase.docx
Project * TWMO
•u
ADMINISTRATIVE REPORT
progresses. When bids were awarded, we were under time constraints to "use or lose" the STIP
funding, so bids were awarded with less than complete design work. However, because of the
extraordinarily favorable bid climate, we were able to extend the project limits from Calloway to
Allen, and we successfully secured every dollar of the "use it or lose it" STIP funding. We have
budgeted all of the funds necessary for the anticipated change orders to come. These series of
actions have been in the best interest of completing this project, which is a critical component
of the TRIP program.
G:\GROUPDAT\ADMINRPT\2010\09-22\Admin Rpt CCO 6 Westside Parkway Phase.doac
Project 0 TWVP20
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 6, r).
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD wL.
DATE: September 9, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 10-021 with Turnupseed
Electric Service Inc. ($22,152.87; revised not to exceed $130,217.87) for the
project known as Traffic Monitoring Cameras 08-09 (Wards 2 and 5)-.
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the installation of traffic monitoring cameras at various
locations within the City.
During the installation of the camera systems, it was discovered that the communication
modems specified for the project need to be modified in order to interface with existing copper
communication wire. Further, the specified mounting apparatus for two of the cameras needs to
be modified so that the cameras can be mounted on top of the poles for maximum visibility. The
contractor has agreed to provide these changes for the lump sum price of $22,152.87. This price
includes credits for specified equipment that will no longer be needed.
This is the first change order to be submitted for this project. This change order will increase the
project total by $22,152.87 (which results in a 20.5% increase of the original contract amount) as
illustrated below:
Original Contract Amount =
Amended Contract Agreement after Change Orders =
Net Increase to date
There is no General Fund impact associated with this change order request.
$108,065.00
$130,217.87
$ 22,152.87
RM (Construction)
September 9, 2010, 8:39AM
G:\GROUPDAT\ADMINRPT\2010\09-22\CCO 1 Monitoring Cameras 08-09.doc
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8, 0,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 10, 2010 CITY ATTORNEY D~
CITY MANAGER
SUBJECT: Accept bid from Kelly Equipment in the amount of $1,455,312.98 for 'five (5)
replacement rear broom street sweepers for the Public Works Department,
Streets Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing
street sweepers to be used by the Streets Division. Three (3) bids were received in response to
solicitation.
Funds are available in the Equipment Replacement Fund for the purchase of five (5)
replacement street sweepers. All five (5) sweepers will replace fully depreciated units. Two (2)
sweepers are no longer manufactured and replacement parts are difficult to obtain. Three (3)
sweepers are dual diesel engine vacuum sweepers with replacement necessary to maintain
California Air Resources Board (CARE) regulatory emission requirements.
The three (3) bids received are as follows.
BIDDER AMOUNT
Kelly Equipment $1,455,312.98
Upland, CA
Nixon-Egli Equipment $1,495,960.88
Bakersfield, CA
Haaker Equipment Company $1,536,365.19
La Verne, CA
Staff finds the low bid to be acceptable and recommends acceptance of the bid from
Kelly Equipment in the amount of $1,455,312.98.
Purchasing DivisionAb
SAPURCHWDMINWdmin 10-11\Rear Broom Street Sweeper, 10-11-12, September 22,201 O.docx
September 13, 2010
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 10, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept base bid and additive alternate in the amount of $61,495.34 from
Cummins West, Incorporated for the engine replacement on a 1996 Champion
710A motor grader in use at the Public Works Department, Streets Division.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for engine
replacement of heavy equipment. Three (3) bids were received in response to solicitation.
The California Air Resources Board (CARB) requires that certain off-road equipment comply
with Tier 2 pollution levels within the next few years. The bid consisted of the base bid amount
for the engine replacement and an additive alternate option for installation of a diesel
particulate filter (DPF) on the new engine. The Fleet Services Division has determined that an
engine replacement (repower) of the Champion 710A motor grader is more cost effective than
replacing the unit. The engine replacement will satisfy the CARB requirements and the
installation of the diesel particulate filter will satisfy retrofit emission requirements.
Staff finds the base bid and additive alternate bid from Cummins West, Incorporated, in the
amount of $61,495.34 to be acceptable and recommends acceptance of the bid.
The three (3) bids received are as follows. The base bid amount was used to determine the
low bid as specified by the bid documents.
Cummins West, Inc. In the amount of Base Bid $ 42,582.84
Bakersfield, CA Additive Alternate 18,912.50
Total Bid $ 61,495.34
Central Calif Power in the amount of Base Bid $ 61,995.00
Shaffer, CA Additive Alternate 12,800.00
Total Bid $ 74,795.00
Performance Truck in the amount of Base Bid $ 74,240.00
Bakersfield, CA Additive Alternate no bid
Total Bid $ 74,240.00
Funds are available in the Equipment Replacement Fund for the engine replacement and
installation of the diesel particulate filter for the Champion 710A motor grader at the Public
Works Department, Streets Division.
Purchasing Division/kb
SAPURCHA MINWdmin 10-11 %Repower 1996 Champion 710A Equip 04284, Bid No. 10-11-21, September 22, 2010.docc
September 10, 2010
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEADj_ -
DATE: September 10, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid in the amount of $50,317.50 from Coastline Equipment for the engine
replacement on a 1982 John Deere JD770A motor grader in use at the Public
Works Department, Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for engine
replacement of heavy equipment. Two (2) bids were received in response to solicitation.
,The
The California Air Resources Board (CARE) requires that certain off-road equipment comply
Tier 2 pollution levels within the next few years. The Fleet Services Division has determined
that an engine replacement (repower) of the John Deere JD770A motor grader is more cost
effective than replacing the unit. The engine replacement will satisfy the CARB emission
requirements.
Staff finds the bid from Coastline Equipment, Bakersfield, to be acceptable and
recommends acceptance of the bid.
The two (2) bids received are as follows.
Bidder m nt
Coastline Equipment $50,317.50
Bakersfield, CA
Performance Truck & Diesel $87,380.00
Bakersfield, CA
Funds are available in the Equipment Replacement Fund for the engine replacement for
the John Deere JD770A motor grader at the Public Works Department, Solid Waste Division.
Purchasing DlvisioNkb
SAPURCHMMINWdmin 10-111Repower 1982 John Deere JD770A, Equip #4120, Bid No. 10-11-22, September 22, 2010.docn
September 10, 2010
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 LITE NDA SECTION: Consent Calendar
. r
T O: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 10, 2010 CITY ATTORNEY
CITY MANAGER.
SUBJECT: Accept bid for purchase of Side Loading Refuse Truck.
Accept bid from Golden State Peterbilt, Bakersfield, in the amount of
$306,203.05 for one (1) additional side loading refuse truck for the Public
Works Department, Solid Waste Division. (City Wide)
2. Transfer $306,203 from the Refuse Fund to the Equipment Management
Fund to facilitate the purchase of the additional refuse truck.
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over three hundred (300) bidders for refuse
trucks. One bid in the amount of $306,203.05 was received from Golden State Peterbilt,
Bakersfield and is within the amount budgeted.
The purchase of one (1) additional refuse truck for the Public Works Department, Solid Waste
Division was approved in the Fleet Division budget, but due to a clerical oversight, the fund
transfer needed from the Refuse Fund was not included in the adopted budget.
This item was originally advertised in July and no bids were received on the bid opening date.
Staff contacted more than one prospective bidder and found they had either missed the bid
opening date as an oversight or had ran out of time to process the bid. Bids were re-
advertised for the item and one bid from Golden State Peterbilt was received. Staff finds the
bid from Golden State Peterbilt, Bakersfield to be acceptable and recommends the purchase
of the additional side loading refuse truck.
Purchasing Division
Kb
SIPURCHIADMINISide Loading Refuse Trucks, 10-11-26, September 22, 2010.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: g, 5,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD A
DATE: September 10, 2010 CITY ATTORNEY
CITY MANAGER /e
SUBJECT: Accept bid in the amount of $55,187.26 from Quinn Company for the engine
replacement on a 1995 Caterpillar IT28F loader in use at the Water Resources
Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for engine
replacement of heavy equipment. Three (3) bids were received in response to solicitation.
The California Air Resources Board (CARE) requires that certain off-road equipment comply
with Tier 2 pollution levels within the next few years. The Fleet Services Division has determined
that an engine replacement (repower) of the Caterpillar IT28F loader more cost effective than
replacing the unit. The engine replacement will satisfy the CARB emission requirements.
Staff finds the bid from Quinn Company, Bakersfield, to be acceptable and recommends
acceptance of the bid.
The three (3) bids received are as follows.
Bidder Amount
Quinn Company $55,187.26
Bakersfield, CA
Performance Truck & Diesel $56,980.90
Bakersfield, CA
Cummins West, Incorporated $64,337.11
Bakersfield, CA
Funds are available in the Equipment Replacement Fund for the engine replacement for
the Caterpillar IT28F loader at the Water Resources Department.
Purchasing Divisiordkb
& PURCHIADMIMAdmin 10-11%Repower 1995 Cat IT28F, Equip #14578, Bid No. 10-11-23, September 22, 2010.doac
September 10, 2010
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8,+.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD-tA-4L'%
DATE: September 9, 2010 CITY ATTORNEY
CITY MANAGER'
SUBJECT: Accept base bid and additive alternate in the amount of $157,563.29 from
Quinn Company for the engine replacement on a 1996 Caterpillar D8R tractor in
use at the Water Resources Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for engine
replacement of heavy equipment. Five (5) bids were received in response to solicitation.
The California Air Resources Board (CARB) requires that certain off-road equipment comply
with Tier 2 pollution levels within the next few years. The bid consisted of the base bid amount
for the engine replacement and an additive alternate option for installation of a diesel
particulate filter (DPF) on the new engine. The Fleet Services Division has determined that an
engine replacement (repower) of the Cat D8R is more cost effective than replacing the unit.
The engine replacement will satisfy the CARB requirements and the installation of the diesel
particulate filter will satisfy retrofit emission requirements.
After bids were opened, the lowest bidder, Cummins West, Incorporated, discovered they had
engineering concems that prevent them from performing the engine replacement submitted
on their bid and have requested to rescind their bid offer and be relieved of the obligation to
perform the work. Staff has reviewed this request and recommends allowing Cummins West,
Incorporated to rescind their bid. Staff finds the base bid and additive alternate bid from
Quinn Company in the amount of $157,563.29 to be acceptable and recommends
acceptance of the bid.
The five (5) bids received are as follows. The base bid amount was used to determine the
low bid as specified by the bid documents.
Cummins West, Inc.
Bakersfield, CA
Quinn Company
Bakersfield, CA
In the amount of
In the amount of
Base Bid
Additive Alternate
Total Bid
Base Bid
Additive Alternate
Total Bid
$127,552.68
28,095.00
$155,647.68 (rescinded bid)
$140,279.99
17.283.30
$157,563.29
Purchasing DNrisiorift
S:IPURCHWDMINWdmin 10-11\Repower 1996 Cat D8R Equip #14872, Bid No. 10-11-20, September 22, 2010.do=
September 10, 2010
ADMINISTRATIVE REPORT
Central Calif Power
in the amount of Base Bid
$168,585.00
Shafter, CA
Additive Alternate
14,995.00
Total Bid
$183,580.00
Holt of California
in the amount of Base Bid
$177,041.98
Pleasant Grove, CA
Additive Alternate
no bid
Total Bid
$177,041.98
Performance Truck
in the amount of Base Bid
$183,790.00
Bakersfield, CA
Additive Alternate
no bid
Total Bid
$183,790.00
Funds are available in the Equipment Replacement Fund for the engine replacement and
installation of the diesel particulate filter for the Caterpillar D8R tractor at the Water
Resources Department.
Purchasing Division/kb
SVURCH\ADMINWdmin 10-11\Repower 1996 Cat 138R Equip #4672, Bid No. 10-11-20, September 22, 2010.doc x
September 10, 2010
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8, V,,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ~V
DATE: September 8, 2010 CITY ATTORNEY
CITY MANAGER- -
SUBJECT: Accept bid and award contract to Ennis Paint, Incorporated (not to exceed
amount of $148,221.31) for the annual contract for the supply of traffic paint.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over two hundred (200) suppliers for the Annual
Contract for traffic paint. Three (3) were received in response to solicitation. The bids solicited
were based on a list of traffic paint in multiple colors 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.
Sufficient monies have been budgeted in various funds for this contract. Staff expects minimal
general fund impact associated with this contract. 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
Ennis Paint, Incorporated $148,221.31
Ennis, TX
Frazee Industries $163,728.13
San Diego, CA
Sherwin Williams Paint Company $188,322.53
Bakersfield, CA
Staff finds the low bid submitted by Ennis Paint, Incorporated to be acceptable and
recommends award of the contract in the amount of $148,221.31.
Purchasing Division/kb
& PURCHA MINWdmin 10-11 WC for Trafrx; Paint, 10-11-19, September 22, 2010.docx
September 8, 2010, 12:53PM
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: V.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
September 8, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER s
Accept bid and award contract to Graham Prewett, Incorporated ($272,000) for
the Roof Replacement at City Hall South. Ward 2
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for roof
replacement at City Hall South. Three (3) bids were received in response to the solicitation.
The roofing for City Hall South has had several leaks recently. This project will provide roof
replacement of approximately 12,000 square feet of the north and west wings of the building.
Down spouts and rain gutter will be replaced in needed areas. In addition, a fall protection
system will be installed to bring the roof up to OSHA compliance.
Three (3) bids were received as follows:
Graham Prewett, Inc $272,000
Fresno, CA
Fresno Roofing Company, Inc. $372,000
Fresno, CA
Best Contracting Services, Inc $397,062
Gardena, CA
Staff finds the low bid submitted by Graham Prewett, Incorporated to be acceptable and
recommends approval of the contract in the amount of $272,000.
Purchasing DlvisioNkb
S:IPURCHA MINV\dmin 10-111Roof Replacement - City Hall South, 10-11-16, September 22, 2010.doc x
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. W,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 8, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Bowman Asphalt, Incorporated (not to
exceed amount of $6,992,484.53) for the annual contract for the supply of street
materials. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over five hundred (500) suppliers for the Annual
,Contract for street materials. Two (2) bids were received in response to solicitation. The bid
required suppliers to provide pricing for various types and quantities of asphalt to be used in
the maintenance of City streets. 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.
Sufficient monies have been budgeted in various funds for this contract. Staff expects minimal
general fund impact associated with this contract. The contract award is for a one year
period; renewable annually for four consecutive one-year periods at the City's option and
upon mutually agreeable terms.
The two (2) bids received are listed below.
BIDDER AMOUNT
Bowman Asphalt, Incorporated $6,992,484.53
Bakersfield, CA
Granite Construction Company $7,301,354.25
Bakersfield, CA
Staff finds the low bid submitted by Bowman Asphalt, Incorporated to be acceptable and
recommends award of the contract in the amount of $6,992,484.53.
Purchasing Divisiorift
S:wuRCH%ADMINVIdmin 10-11 WC for Street Materials, 10-11-24, September 22, 2010.doc x
September 8, 2010,12:52PM
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: O.X,
TO: Honorable Mayor and City Council APP VED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD__~
DATE: September 9, 2010 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Appropriate $600,000 Southeast Redevelopment Project Area Fund Balance:
$500,000 to Capital Improvement Budget for Street Improvements for South Mill
Creek Village and $100,000 to the Operating Budget for Land and Improvements
within the Southeast Redevelopment Fund. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On June 30, 2009, the State of California Department of Housing and Community Development
Infill Infrastructure Grant (IIGP) was awarded in the amount of $10,847,200. One of the five
Capital Improvement Projects funded with this grant is the South Mill Creek Village Street
Improvements Project.
The South Mill Creek Village Street Improvements are located on 14th Street, from the canal to
"S" Street and a portion of "R" street from California to 1301 "R" Street. Improvements include
streets, medians, sidewalks, pedestrian walkways, landscaping, irrigation and lighting from "S"
Street to the canal. The total cost estimate for the construction of this project is $2,500,000.
Additional Redevelopment funds are required as a match to the grant.
The construction agreement for this project will be considered by the Bakersfield
Redevelopment Agency for approval at their next meeting.
In addition, the appropriation for various land and improvement is required for Southeast
Redevelopment project area land acquisition related activities during Fiscal Year 2010-2011.
S:\Admins\City Council\City Council Admins 2010\Appropriation FB So MITI Creek Streets.Docx
9/8/2010 9:56 AM
tc
A
VORAf S
o
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10
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . .
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: September 10, 2010 CITY ATTORNEY t
ioc-
CITY MANAGER
SUBJECT: Appropriate $203,793.00 Federal Grant Revenues (Edward Byrne Memorial Justice
Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating
Budget, for crime analysis software and Directed Policing overtime.
RECOMMENDATION:
Staff recommends appropriation.
BACKGROUND:
On July 21, 2010 the City Council adopted Resolution 084-10 authorizing the Police Department
to apply for the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of
Justice. The Police Department was awarded the grant ($203,793.00) on September 1, 2010.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the
primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system."
The Bakersfield Police Department will be using this Jag/Byrne grant to fund Directed Policing
overtime ($83,793.00) and to purchase Crime View or equivalent crime analysis and mapping
software ($120,000.00). If department needs change or the amounts spent differ from those
proposed, the Police Department will expend the differences in accordance with the JAG/Byrne
Grant Guidelines.
db
AK
OF MR4 S
h .,p Cn
d
i
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2010 AGENDA SECTION: Consent Calendar
ITEM: A . 2 _
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: September 10, 2010
APPROVED
DEPARTMENT HEAD~J
CITY ATTORNEY I
CITY MANAGER
SUBJECT: Appropriate $30,000.00 Federal Grant Revenues ("Arrive Alive" Sober Driving Coalition
II, Bakersfield Eastside DUI Corridor Safety Project, Grant #AL10109 from the State Office of Traffic
Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement
strategies along State Routes 178 and 58 within the greater Bakersfield area.
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
The California Highway Patrol (CHP), Bakersfield Area, was recently awarded funding from the
California Office of Traffic Safety (OTS) to target and apprehend drunk drivers. Segments of State
Route- (SR-) 58 and SR-178 in Kern County were selected for enhanced Driving Under the
Influence (DUI) enforcement patrols and anti-DUI public education campaigns. The project
begins on June 1, 2010, and ends on May 31, 2011.
On June 30, 2010 the City Council adopted Resolution 073-10 creating a community outreach
partnership between the Bakersfield Police Department and the CHP, to provide DUI patrols on
segments of State Routes 58 and 178 per OTS grant #AL10109. This partnership will provide over-
time funding ($30,000.00) for BPD officers to patrol the target areas mentioned above.
DB
ADMINISTRATIVE REPORT
MEETING DATE September 22, 2010 AGENDA SECTION: Closed Session
ITEM: 10.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 17, 2010
DEPARTMENT H
CITY ATTORNEY
CITY MANAGER
Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\C0UNC1L\CI Sess\Adm1ru\10.11\9-22-10LaborNeg.doc
MEETING DATE: September 22, 2010 AGENDA §ECTION: Deferred Business
ITEM: Q.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: September 16, 2010 CITY ATTORNEY
CITY MANAGER,- S
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 (BFLO) 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:
The City Council held an Impasse Hearing related to Fire labor negotiations during their regular
meeting of September 8, 2010. Before the Council was a staff recommendation to approve the
unilateral adoption of working conditions for members of the Firefighters and Engineers Unit and
the Fire Supervisory Unit of the Fire Department. This action by Council would have, among other
things, removed language contained In the MOU between the City and the above referenced
fire bargaining units, which dictates staffing requirements for the department. Removal of this
language provides much needed flexibility for the Chief Staff of the Fire Department to make
necessary staffing adjustments required to address budget reductions included in the FY 2010-11
budget. Absence of this flexibility leaves the Chief Staff and the Council with only the option of
closing an existing fire station to achieve the necessary budget reductions.
During the course of the hearing, the Council listened to presentations from both staff and from
members of BFLO. The staff presentation Included an explanation of how the Fire Department
would operate following the imposition of working conditions. Those that participated in
representing BFLO focused their comments on several main themes Including the Impact of
staffing a Ladder Truck with three (3) personnel Instead of the current four (4), the growth and
S:'Steve Tegft\Hunm Resources\Hre Union\Sgx 8 2010 Fire Impasse HearingWdmin for BFLO hnpasse 9_22_10.dom
ADMINISTRATIVE REPORT
contraction of the Fire Department budget over time as compared to other City departments;
and the potential risks and costs associated with closing a station or reducing staffing (this
included a question regarding the potential Impact on the Insurance Services Office's QSO)
rating of the Bakersfield Fire Department).
Staff researched the Issues raised by BFLO during the course of their presentation. This information
is contained in the attached document entitled 6FLO Negottotlon Referrals. Specifically, this
document, which was prepared by Administrative Analyst Rick Kirkwood, includes a response to
the comparative risk/ISO and interdepartmental budget comparison issues.
One main area that should be addressed here relates to the issue of staffing on a Ladder Truck.
A main contention of the BFLO presentation was that lowering the level of staffing from four (4) to
three (3) would result in safety and operational Issues. The following two items should be
considered with reference to this claim:
• The City Ladder Truck at Station 7 operated with a crew of three (3) up until 1995 when the
crew was expanded to four (4);
• The Kern County Fire Department has two (2) Ladder Trucks that operate in the
Metropolitan Bakersfield area and both of these Trucks operate with a regular crew of
three (3).
KCFD Truck 41 Is located at 2214 Virginia Ave
KCFD Truck 61 is located at 6400 Frultvale Ave
At the conclusion of the hearing, the Council voted to delay action until the regular meeting of
September 22, 2010. This delay was intended to allow time for staff to respond to concerns raised
by BFLO, and to once again provide BFLO with an opportunity to present any alternative options
they developed that would provide the necessary budget savings, within the Fire Department.
Council required that BFLO present their alternatives to the City no later than Wednesday,
September 15, 2010.
Main Mown:
There are two distinct and separate Issues which were discussed during the -Council Meeting of
September 8m which will need to be concluded:
Imposition of City Last Best and Final Offer:
As explained in the Administrative Report for the September 8, 2010 Council Meeting (which is
attached), the Council Impasse Hearing Is the last step in the negotiation process with BFI-O. Due
to the fact that ongoing negotiations have failed and both sides have reached Impasse, the City
has provided BFLO with Its Last, Best and Final offer. Staff is recommending that the Council
adopt the Resolution and Impose the Last, Best and Final offer which will set working conditions
for a term of one-year. This action will allow for the removal of the staffing language.
Frig Adjustments Post Unilateral Adoption.
Once Council has adopted the Resolution and has Imposed the City's Last, Best and Final offer,
staffing adjustments may be made by the Chief Staff of the Fire Department in order to achieve
the budget reductions as required in the current budget. This is the area where the Council and
management have asked for Input and alternatives from BFI-O. It should be noted that staff only
SASteve Te&\Human Resources0re Union\Sept 8 2010 Fue Impasse 1eering\Admin for BFLA Impasse 9_22_10.docx
ADMINISTRATIVE REPORT
intends to make essential changes to fire staffing as necessitated by the budget. However,
without the removal of the staffing language the ability of management and the Council to
make even minor operational adjustments is nonexistent. Through further study and effort, the
Fire Chief has revised his preferred staffing alternative which would go into effect once the
Council has adopted the Resolution:
Fire Chief's Revised Staffing Plan
a Truck # 1 would remain with a four (4) man crew by taking Squad # 1 out of service, thus
downsizing three (3) Engineer positions = $330000 savings,
• Truck # 7 would run with a four (4) man crew for two out of three shifts, with the remaining
shift staffed with a crew of three (3) = $100000 savings,
• Downsize two (2) day Captains (One (1) in Arson and One (1) in Training) = $300000
savings,
Account for and Include the M.M.R.S Federal Grant revenue in the Fire Department
budget = $160,000 savings,
As has always been the case, the staffing plan Identified above does not inckide any layoffs
and, from a fire suppression perspective, only Impacts Truck 7 by reducing Its staffing from four (4)
to three (3) during one of three shifts. The ability of the Chief Staff and the City Manager's Office
to put forth this revised alternative should Illustrate staff's desire to minimally Impact the
operational capabilities of the Fire Department when considering budget reductions. As of the
preparation of this Administrative Report, representatives of BFLO have met with the City
Manager and Fire Chief, and considerable discussion took place. On Thursday, September 16,
2010 Chief Froze received the following transmittal from BFLO:
"BFLO would be willing to consider entering Into on agreement to suspend
enforcement of the current staffing language (1.37.1, 1.39 and 1.40) to allow
the use of Administrative Positions within our contract, three Engineers off Light-
Engine 301. Along with reallocation of the MMRS Grant, this will help close the
budget short-fall. This suspension would be for the Term of this agreement
including the necessary time to negotiate o successor agreement or otherwise
conclude negotiations in accordance with City rules. "
Staff's response Is as follows:
The proposal is short of dealing with the financial problem we presently face. The
proposal gives the City no flexibility to deal with future circumstances, such as the
passage of a State Budget that negatively Impacts the City. The staff
recommendation is a longer term and more permanent solution to the problems we
face. '
S:1Steve TegliaWuman Resoumes0re Union\Sept 8 2010 Fire Impasse HearingWdmin for BFLA Impasse 9_22_10.dcex
BAKERSFIELD CITY COUNCIL
MINUTES
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
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INVOCATION by Imam Ayub Swalleh Haroun, The
Islamic Center of San Joaquin Valley.
3. PLEDGE OF ALLEGIANCE by Jared Bae, 4,h grade
student at Reagan Elementary School.
Mayor Hall acknowledged the Bakersfield College political
science class in attendance at the meeting to learn about
City government.
4. WORKSHOPS
None.
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.
Mayor Hall accepted the Proclamation and made
comments.
ACTION TAKEN
Bakersfield, California, September 8, 2010 - Page 2
6. PUBLIC STATEMENTS
a. Robert Melton, President of Bakersfield
Firefighters Local 246, and Derek Tisinger spoke
regarding Hearing Item 12.a., Impasse Hearing
for Fire Labor negotiations; and Mr. Melton
provided handouts.
b. Jaime Briceno and Jim Alfter, cement
contractor, spoke regarding Deferred Business
Item 14.a., annual contract for concrete.
C. Laurie Weir, member of the Kern County
Animal Control Commission, spoke regarding
the large number of euthanized animals and
encouraged the City Council to step up
enforcement of licensing as a City body.
Councilmember Sullivan referred the matter of
animal licensing enforcement to the Legislative
and Litigation Committee.
7. APPOINTMENTS
ACTION TAKEN
a. One appointment to the Planning Commission
due to the loss of Thomas McGinnis (Ward 4),
whose term was to expire April 30, 2014.
APPROVED
Motion by Councilmember Couch to appoint
Barbara Lomas to the Planning Commission,
term expiring April 30, 2014.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 11, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR, COUCH
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.
Bakersfield, California, September 8, 2010 - Page 3
8. CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
C. Adoption of Ordinance approving the ORD 4625
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 08/11/10)
d. Adoption of Ordinance approving a Notice of ORD 4626
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)
e. Adoption of Ordinance amending Title 17 of ORD 4627
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)
Bakersfield, California, September 8, 2010 - Page 4
8. CONSENT CALENDAR continued
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 08/11/10)
Resolutions:
g. Resolution approving Emergency Operations
Plan.
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.
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.
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.
ACTION TAKEN
ORD 4628
RES 102-10
RES 103-10
RES 104-10
RES 105-10
Bakersfield, California, September 8, 2010 - Page 5
8.
CONSENT CALENDAR continued
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.
1. Annexation No. 626 - Compagnoni No. 1:
ACTION TAKEN
RES 106-10
RES 107-10
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.
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.
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.
AGR 10-115
RES 108-10
RES 109-10
AGR 10-116
Bakersfield, California, September 8, 2010 - Page 6
8.
CONSENT CALENDAR continued
Item 8.n. continued
3. Appropriate $45,000 Domestic Water
Fund Balance to the Water Resources
Department Operating Budget.
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:
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).
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.
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.
S. Agreement with Bakersfield Rescue Mission
($62,000 ESG funds) to support the operating
costs for facility located at 816 E. 21 S' Street.
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).
ACTION TAKEN
RES 110-10
AGR 10-117
AGR 10-118
AGR 10-119
AGR 10-120
AGR 10-121
AGR 10-122
AGR 10-123
8.
Bakersfield, California, September 8, 2010 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
U. Agreement with SMG ($60,000) to reimburse
AGR 10-124
costs associated with renting the Rabobank
Arena for the Christian Congregation of
Jehovah's Witnesses 2011 conventions.
V. Assignment Agreement with Bakersfield
AGR 10-125
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
AGR 10-126
& Gin, LLP ($260,000) for legal services for
Thomas Road Improvement Projects. (TRIP)
X. Amendment No. 4 to Agreement No. 06-324
AGR 06-324(4)
with RM Industries ($80,000; revised not to
exceed $400,000 and extend term one year) for
Amtrak Station janitorial and hardscape
maintenance.
AGR 09-122(1)
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
AGR 08-237(2)
with Pickinpaugh Concrete Construction, Inc.
($100,000; revised not to exceed $200,000 and
extend term for one year) for block wall repair.
aa. Amendment No. 4 to Agreement No. 05-008 AGR 05-008(4)
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:
bb. Median Island Improvements, Hosking Avenue
from Fighting Irish Drive to Tobias Creek Way:
1. Accept bid and approve contract with AGR 10-127
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.
Bakersfield, California, September 8, 2010 - Page 8
8. CONSENT CALENDAR continued
cc. Accept bid and approve contract with Brown
& Fowler Construction, Inc. ($284,743) for the
construction of the Lowell Park Restroom
Facility.
dd. Accept bid and approve contract with
Stemclahl Enterprises, Inc. ($41,187.80) to
construct bike lanes - various streets.
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.
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.
Accept bid from Jim Burke Ford ($357,625.16)
for four replacement aerial lift trucks for the
General Services Division.
Miscellaneous:
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.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 10-129
AGR 10-130
AGR 10-131
Bakersfield, California, September 8, 2010 - Page 9
8. CONSENT CALENDAR continued
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.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on item 8.1b.
Councilmember Carson requested that item 8.cc. be
removed for separate consideration.
ACTION TAKEN
APPROVED
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar items 8.a. through 8.mm., with the removal
of items 8.cc. for separate consideration.
CC. Accept bid and approve contract with Brown AGR 10-128
& Fowler Construction, Inc. ($284,743) for the
construction of the Lowell Park Restroom
Facility.
Motion by Councilmember Carson to adopt Consent APPROVED
Calendar item 8.cc.
Bakersfield, California, September 8, 2010 - Page 10
9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
None.
10. CLOSED SESSION
a. Conference with labor negotiator pursuant to
Government Code Section 54956.6.
APPROVED
Motion by Vice-Mayor Scrivner to adjourn to Closed
Session at 5:45 p.m.
Motion by Councilmember Benham to adjourn from APPROVED
Closed Session at 6:10 p.m.
RECONVENED MEETING AT 6:24 p.m.
11. CLOSED SESSION ACTION
a. Conference with labor negotiator pursuant to NO REPORTABLE
Government Code Section 54956.6. ACTION
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.
Hearing opened at 6:25 p.m.
Bill Avery, City's Labor Relations Representative and
Chief Negotiator, made comments.
Fire Chief Fraze made staff comments, and gave a
PowerPoint presentation explaining how the City
arrived at the recommendations.
City Manager Tandy made staff comments and
recommended adopting the Resolution.
Tom Sharpe, spokesperson and Legal Representative
for the Bakersfield Firefighters Labor Organization,
gave a PowerPoint presentation and spoke in
opposition to the ballot measure and the staff
recommendation.
Bakersfield, California, September 8, 2010 - Page 11
12. HEARINGS continued
Item 12.a. continued
Fire Captain Mark Cohen gave a PowerPoint
presentation, provided an explanation regarding the
operation of a Truck Company, and spoke in
opposition to the staff recommendation.
Fireman Jeff Heinle expressed his concerns regarding
the level of efficiency, spoke in opposition to the
staff recommendation, and suggested that the
decision on this matter be delayed for two weeks in
order to work out an alternative.
Hearing closed at 7:42 p.m.
Motion by Councilmember Carson to defer this matter
for two weeks and get answers from the City Manager
to questions, and look at other options, N any.
Councilmember Benham announced she would
support the motion; and pointed out that the
Firefighters have agreed that there will be no pay
increases, the pension issue is off the table, and the
staffing issue is something they feel strongly about;
and she feels there are some very powerful concerns
that need to be addressed about the staffing.
Councilmember Sullivan announced she would
support the motion.
Councilmember Benham stated she would like to
have the opportunity to have some questions
answered about what the risks are to the community
when one considers the potential closure of a station
versus the reduction in the staffing, and If we do give
this another 2 weeks that we try and cover some fresh
territory and revisit the 3 options that were presented 3
months ago.
Vice-Mayor Scrivner proposed a friendly amendment
that any alternative proposal would have to be
submitted by Wednesday, September 15th.
In response to a question by Vice-Mayor Scrivner, City
Attorney Gennaro announced this matter would
come back to the next meeting under Deferred
Business, with the opportunity for both sides to speak
to the proposals for perhaps 15 minutes per side with
5-minute rebuttals per side.
ACTION TAKEN
Bakersfield, California, September 8, 2010 - Page 12
12.
HEARINGS continued ACTION TAKEN
Item 12.a. continued
Councilmember Couch announced he would support
the motion and asked staff to come up with
alternatives within the Fire Department budget, not
the entire City budget.
City Manager Tandy advised his invitation to provide
alternates was with reference to the Fire Department
only, and he will provide either the original or updated
versions of the non-sworn alternates.
Mayor Hall re-stated Councilmember Carson's motion
as follows: that this item be continued until the next APPROVED
Council meeting of September 22^d, and that all
Information and proposals be In within a 7-day period
for appropriate distribution of those suggestions and
recommendations.
Recess taken from 8:23 p.m. to 8:31 p.m.
13. REPORTS
None.
14.
DEFERRED BUSINESS
a. Accept bid and approve annual contract with
Jim Alfter, Cement Contractor (not to exceed AGR 10-132
$2,209,172) for concrete construction.
Finance Director Smith announced he was informed
by the City Attorney's Office that the protestor
contacted them today and advised they were not
going to pursue their protest any further; therefore staff
recommends approval of the contract.
Motion by Vice-Mayor Scrivner to accept the bid and
award contract to Jim Alfter, Cement Contractor. APPROVED
15. NEW BUSINESS
None.
Bakersfield, California, September 8, 2010 - Page 13
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham advised she received
comments regarding concerns about park and
neighborhood safety, as well as littering and other
quality of life concerns. She advised that she will
continue to work closely with the BPD, Recreation and
Parks, and members of the community to address
those concerns. She has already started
discussions with City staff about limiting hours and
alcohol use in parks that are located in residential
areas, and will continue to focus on this.
Councilmember Benham referred to the Safe
Neighborhoods Committee the task to explore some
creative strategies which might be effective, given our
severe budget climate, that this Committee previously
utilized such as volunteers for park patrols for the really
heavily used parks, and get creative about some kind
of partnership with local media for some anti-littering
campaigns.
Councilmember Carson advised she had the
opportunity to attend the Financial Crisis Inquiry
Commission meeting that was held at the Board of
Supervisors on Tuesday, and she learned a lot from
many of the presenters and the local bankers,
community banks and the residents about the
foreclosure problem in our area. She asked staff to
provide a progress report regarding the stimulus
money the City received for foreclosures.
Councilmember Sullivan lamented about the trash
littering our freeways, likes the idea of an anti-littering
campaign, and would appreciate the assistance of
our newspaper and television media as a continual
reminder not to litter.
Councilmember Sullivan advised she is glad that
Laurie Weir gave a presentation regarding the animal
control problem and thinks the City needs to do some
work on that.
ACTION TAKEN
Bakersfield, California, September 8, 2010 - Page 14
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:43 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
ACTION TAKEN
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield