HomeMy WebLinkAbout11/17/10_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF NOVEMBER 1.7, 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 Rabbi Cheryl Rosenstein, Temple Beth El.
3. PLEDGE OF ALLEGIANCE by Jocelyn and Jacqueline Sala, Pre-K and 2nd grade students at
St. Francis School.
4. WORKSHOPS
5. PRESENTATIONS
a. Presentation by Caryn Claiborne, Human Resources Analyst II to department winners
of the 2010 Excellence in Action Awards and the Extra Mile Award in recognition of
outstanding service to the City.
b. Presentation by Mayor Hall of Proclamation to Matthew Constantine, Kern County
Public Health Director, declaring November 17, 2010, Smokeout Day.
C. Presentation by Mayor Hall of keys to the City to Councilmembers Irma Carson and
Zack Scrivner.
6. PUBLIC STATEMENTS
APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 3, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from October 22, 2010 to November 4, 2010 in
the amount of $10,280,796.06 and self-insurance payments from October 22, 2010 to
November 4, 2010 in the amount of $190,659.44.
Ordinances:
(Ward 6) c. First Reading of Ordinance approving a zone change from P.C.D. (Planned
Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned
Commercial Development) on approximately 5.14 acres located at 5001 Ming
Avenue. (ZC No. 10-0395) (G.C. Corporation)
8. CONSENT CALENDAR continued
d. Adoption of the following Ordinances (FR 11103110):
1. Amending Section 2,84.570 relating employee sick leave payment.
2. Amending Section 8.32.060 relating to solid waste billing.
3. Amending Section 12,16.150 relating to construction work in streets.
4. Amending Section 14,04.240 relating to water service connections.
5. Amending Sections 16.16.050 and 16.16.060 relating to tentative maps,
6. Amending Section 16.32.060 relating to tract map improvements.
7. Amending Section 17.71.020 relating to outdoor lighting.
e. Adoption of Ordinance amending Chapter 15.65 of the Municipal Code relating
to the Fire Code. (FR 11/03/10)
f, Adoption of Ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13,
15.15 and adding Sections 15.17 and 15.19 of the Building and Construction Codes,
specifically the California Building Code, Mechanical Code, Plumbing Code,
Electrical Code, Existing Building Code, Historical Building Code and California Green
Building Code. (FR 11103110)
Resolutions:
(Ward 1-5,7) g. Resolution amending the official list of designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal
Code.
h. 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 authorize collection of the assessments by the
Kern County Tax Collector.
(Ward 4) i. Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 623 consisting of
1,597,73 acres generally located on the west side of Santa Fe Way between Seventh
Standard Road and Kratzmeyer Road, east of Greeley Road (future alignment).
(Ward 4) j. Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 625 consisting of 793.26
acres located west of Renfro Road between Kratzmeyer Road and Reina Road, east
of Nord Avenue,
k. Amendment No, 1 to Resolution No. 088-10 approving the destruction of certain
obsolete City records, documents, instruments, books and papers, pursuant to
Government Code Section 34090, et. seq. (Public Works Department)
(Ward 1) I. Resolution of Intention No. 1680 to add territory, Area 5-60 (2213 & 2217 Coy Avenue)
to the Consolidated Maintenance District and preliminarily approving, confirming
and adopting the Public works Director's Report.
Agreements:
(Ward 4) M. Final Tract Map and Improvement Agreement with Symbolic Investment & Operating
Co., LLC for Tract 6364 Phase 1 located east of Renfro Road and south of Kratzmeyer
Road.
2 City Council Meeting of 11 /17/2010
8. CONSENT CALENDAR continued
(Ward 2) n. Memorandum of Understanding with Kern Council of Governments for conceptual
planning and visualization activities for areas surrounding the proposed location(s) of
the Bakersfield High Speed Rail terminal.
(Ward 4) o. Amendment No. 2 to Agreement No. 05-429 with Bright House Networks ($500,000)
extending the license and naming rights for the Amphitheatre at The Park at River
Walk.
P. Amendment No. 1 to Agreement No. 09-016 with Littler Mendelson ($25,000; revised
not to exceed $65,000) to provide outside legal services in the matter of Bakersfield
Police Officers' Association v. City.
(Ward 1,6) q. Amendment No. 2 to Agreement No. 08-208 with Precision Fertilizer Spreading (no
increase and extend term one year) for hauling and spreading biosolids.
Bids:
(Ward 1-4,7) r. Reject all bids for Install Traffic Signal Interconnect - Part 8 Project.
(Ward 6) s. Reject all bids for piping materials and butterfly valves for the Stine Road Finished
Water Pipeline Project.
(Ward 2,3) t. Accept bid and approve contract with West Coast Structures, Inc. ($282,712.97) for
bridge rehabilitation projects: Manor Street at Carrier Canal and Union Avenue
Overhead at UPRR.
(Ward 3) U. City in the Hills Park Project:
1. Accept Base Bid only and approve contract with Elite Landscaping, Inc.
($1,598,000) for the project.
2. Appropriate $597,200 Park Development Fees to the Recreation and Parks
Department Capital Improvement budget within the Park Improvement Fund
(Lone 3).
(Ward 6) v. Accept bid and approve contract with Hercules, Inc. (Ashland) ($540,276.83) to
supply dewatering polymers for Wastewater Treatment Plant No. 3.
W. Accept bids and approve annual contracts with Falcon Fuels, Inc. ($1,824,000) and
Valley Pacific Petroleum Services, Inc. ($1,976,000) for fuel.
Miscellaneous:
X. Appropriate $15,000 Other State Shared Revenues from the Kern County Remote
Access Network (RAN) to the General Fund Police Operating Budget, to fund
overtime for Crime Scene Unit employees to process latent fingerprints into the AFIS
database and clear the backlog of latent print comparisons.
3 City Council Meeting of 11/17/2010
8. CONSENT CALENDAR continued
Y. California Emergency Management Agency (Cal EMA) Grant;
1. Accept Federal grant ($811,936) for mobile command unit, training and
consultant.
2. Appropriate $811,936 Federal Grant Revenue to the Fire Department Urban
Area Security Initiative (UASI) Fund Capital Improvement and Operating
Budgets.
Staff recommends adoption of Consent Calendar items 8.a. through 8. y.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
a. Public Hearing to consider Resolution adopting the Amended Panama and Union
Planned Sewer Area fee schedule and boundary.
Staff recommends adoption of resolution.
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. CLOSED SESSION
a. Public employee performance evaluation - City Attorney, Closed Session pursuant
to Government Code Section 54957(b)(1)/54957.6.
RECESS TO CLOSED SESSION
16. CLOSED SESSION ACTION
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
AIL City Manager
11 /09/10 3:15pm
4 City Council Meeting of 11/17/2010
AGENDA HIGHLIGHTS
November 17, 2010 COUNCIL MEETING
PRESENTATIONS
There are three (3) presentations: The annual Excellence in Action employee awards; a
Proclamation to the Kern County Public Health Director for Smokeout Day, and a special
presentation of "Keys to the City" to Councilmember Irma Carson and Vice-Mayor Zack
Scrivner.
Item 8c. First Reading of Ordinance aaarovina a zone change from Planned Commercial
Development to Regional Commercial/Planned Commercial Development at 5001 Ming
Avenue. This proposed zone change is for the purpose of accommodating a new
development design; it does not request a change to the current land use designation.
Previously, the proposed development approved for this site was a shopping center that
Included 8,300 square feet of restaurant space. On October 21, 2010, the Planning
Commission conducted a public hearing on the zone change and recommended approval
to the City Council. The Commission also approved the construction of a 14,000 square foot
restaurant for the site, as Phase 1 of the development. All future phases of this development
will require Planning Commission approval under the P.C.D. overlay zone. Some slight
modifications were made to the original Conditions of Approval, most notably that an 8 foot
high wall will be installed along property lines abutting residential properties. No one spoke in
opposition to the project at the Planning Commission hearing. Four letters from area property
owners were received, one In support, one In opposition, and two requesting adjustments to
the plan, including the wall height. As stated above, the Planning Commission adjusted the
wall height from 7 feet to 8 feet, along with some minor landscaping modifications. The
Commission noted that the new site plan actually reduced the amount of buildings and future
building area.
Items 81. and 8j. Resolutions ap roving applications proposing proceedings for annexations of
uninhabited territory at 1) Santa Fe Way between Seventh Standard and Kratzmeyer Roads
and 2) west of Renfro Road between Kratzmever and Reina Roads, east of Nord Avenue.
These are two properties adjacent to the City limits In the northwest area, within the City's
Sphere of Influence, and prezoned by the City. The property owners for both territories have
consented to annexation, and both wish to annex for development purposes and to receive
City services. The original annexation applications for these properties were terminated by
LAFCO in May, 2010, because the City and County had not resolved the property tax
negotiations within the required 60-day time period that began when the applications were
submitted in March, 2010. However, the properly owners continued to work with the County
to resolve issues related to the County's costs of providing public facilities necessary to support
the proposed development. In October, 2010, the County adopted an Impact mitigation
agreement, which allowed the annexation proceedings to get back on track. These
proposed resolutions will authorize the City to re-submit the applications to LAFCO.
Aareements
Item So. Amendment to Agreement with Bright House Networks to extend the license and
naming rights for the Amphitheatre at the `Park at River Walk. The City and Brighthouse
Networks have experienced a mutually beneficial relationship and wish to extend this original
2005 license and naming rights agreement for an additional five years. The terms of the
original agreement were for an annual $75,000.00 cash payment to the City, and $25,000.00 in
advertising on Bright House Channels. The amendment changes the terms to an annual
$60,000.00 cash payment, $40,000.00 in advertising, and provides BHN with advertising space
In the Recreation and Parks brochures.
Item 8u. Accept Base Bid and Approve Contract with Elite Landscaling for the City In the Hills
Park Project. This project Is for construction of a 9-acre neighborhood park in the northeast
City in the Hills development. It will include tennis, basketball, and volleyball courts,
playground and picnic facilities, a shade structure, safety lighting, exercise equipment and a
walking path. Eight bids submitted; all were acceptable. Staff recommends award of the
contract to the low base bidder, Elite Landscaping, Inc. In the amount of $1,598,000.00, The
project will be funded entirely from the Park Improvement Fund. $1,150,000.00 is currently
appropriated from FY 2007-08; this action requests an appropriation of an additional
$597,200.00 to the Recreation and Parks Capital Improvement Budget to fully fund the base
bid and potential change orders.
Closed Session
There is one Item to discuss the annual performance evaluation for the City Attorney.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - November 17, 2010 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
MEETING DATE: November 17, 2010 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council ~e~ ' APPROVED
FROM: Caryn Claiborne, Human Resources Analyst II ~ DEPARTMENT HEAD
DATE: November 5, 2010 CITY ATTORNEY A -1-7
CITY MANAGER
SUBJECT: Presentation by Caryn Claiborne, Human Resources Analyst II to de artment
winners of the 2010 Excellence in Action Awards and the Extra Mile Award in
recognition of outstanding service to the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: November 17, 2010 AGENDA SECTION: Presentations
ITEM: 5. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
November 5, 2010
Presentation by Mayor Hall of Proclamation to Matthew Constantine, Kern County Public
Health Director, declaring November 17, 2010, Smokeout Day in Bakersfield.
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER~
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: November 17, 2010 AGENDA SECTION: Presentations
ITEM: 5. G.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAIM%T''
Jj-
DATE: November 9, 2010 CITY ATTORNEY
CITY MANAGER tiJ
SUBJECT: Presentation by Mayor Hall of Keys to the City to Councilmembers Irma Carson and Zack
Scrivner.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: 0. a,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: November 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the November 3, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: S .b.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 4, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from October 22, 2010 to November 4, 2010
in the amount of $10,280,796.06 and Self Insurance payments from October 22,
2010 to November 4, 2010 in the amount of $190,659.44.
RECOMMENDATION:
Staff recommends approval of payments totaling $10,471,455.50
BACKGROUND:
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MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: S.
C.
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 29, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: First Reading of an Ordinance approving a Zone change from P.C.D. (Planned
Commercial Development) to C-2/P.C.D. , (Regional Commercial/Planned
Commercial Development) on approximately 5.14-acres located at 5001 Ming
Avenue. (Zone Change No. 10-0395-G.C. Corporation) (Ward 6)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
On August 30, 2000, GPA/ZC P00-0236 changing the land use and zoning of approximately 5.14
acres from residential to commercial and from R-1/CH to P.C.D was approved by the City
Council (Ordinance No. 3972). The proposed development was comprised of a shopping
center with 62,750 square feet of commercial retail space and 8,300 square feet of restaurant
space, including one drive-through restaurant. Conditions were adopted to address issues
raised by the neighborhood related to increased traffic on Ming Avenue, limits of time for
delivery trucks and parking lot sweeping, lighting, noise, and potential vandalism.
The proposed zone change is from P.C.D. (Planned Commercial Development) to C-2/P.C.D.
(Regional Commercial/Planned Commercial Development) on the same 5.14 acres to
accommodate a new development design. There is no need or request to change the current
land use designation, which is GC (General Commercial) as the C-2/P.C.D. zone is consistent
with the present land use designation and uses approved by the City Council. Under the P.C.D.
overlay zone all future phases of development will require Planning Commission approval at a
public hearing to ensure the development maintains compatibility with existing on-site and
adjacent developments. However, it will not require the adoption of a new ordinance for each
subsequent phase. (Note: The P.C.D. overlay zone was not an option available for use in 2000.)
On October 21, 2010, the Planning Commission conducted a public hearing on the proposed
zone change and recommended approval to the City Council. The Commission also approved
Planned Development Review No. 10-0461 to construct a 14,000 square-foot restaurant as
Phase 1 of the site development. Due to the current economic climate, this site will be
developed in phases as potential tenants come forward. The majority of the Conditions of
Approval from GPA/ZC P00-00236 were applied to the current project with slight modifications
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to reflect the new site layout. The frontages along Ming Avenue, Raintree Court and Canter
Way will be fully improved; an 8 foot high wall will be installed along property lines abutting
residential properties; mature trees will be planted and 15-foot wide landscape areas along
Raintree Court and Ming Avenue will be installed in Phase 1. At the hearing, the Commission
modified conditions regarding wall signs (fixed an incorrect reference), landscape setback
(clarified that it is to be measured from back of sidewalk) and removed a requirement for an
offsite right-turn lane to Raintree Court (referenced a memo dated 10/18/2000 from the Public
Works Department waiving this for the previously approved development). Since there was no
appeal to the development plan, the Commission's approval will become effective once the
new zoning is finaled.
No one spoke in opposition to the project at the Planning Commission hearing. However, four
letters from area property owners were received: one letter in support of the project, one in
opposition, and two letters with comments regarding increasing the wall height next to
residential development to 10' (staff proposed 7'), moving the location of the driveway along
Canter Way, and potential for a future "big box" store. In response to the wall issue, the
Planning Commission compromised by increasing the wall height to 8 feet. No other changes
were made as they noted that the new site plan reduced the amount of buildings and future
building area, and that the driveway along Canter is in the same location as in the previously
approved plan with conditions that the residential property will separated by a 10-foot wide
landscape strip and 8-foot high wall.
Staff determined that the project is an in-fill development; and thus exempt from CEQA under
Section 15332 of the State CEQA Guidelines. A Notice of Exemption was prepared on October
21, 2010 in accordance with CEQA.
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ADMINISTRATIVE REPORT
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: C1,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V~"
DATE: November 4, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: 1. Adoption of Ordinance Amending Section 2.84.570 Relating to Employee Sick
Leave Payment.
2. Adoption of Ordinance Amending Section 8.32.060 Relating to Solid Waste
Billing.
3. Adoption of Ordinance Amending Section 12.16.150 Relating to Construction
Work in Streets.
4. Adoption of Ordinance Amending Section 14.04.240 Relating to Water Service
Connections.
5. Adoption of Ordinance Amending Sections 16.16.050 and 16.16.060 Relating to
Tentative Maps.
6. Adoption of Ordinance Amending Section 16.32.060 Relating to Tract Map
Improvements.
7. Adoption of Ordinance Amending Section 17.71.020 Relating to Outdoor
Lighting.
RECOMMENDATION:
Staff recommends Adoption of the proposed ordinance amendments. The amendments
had first reading on November 3, 2010.
BACKGROUND:
Periodically, various Departments throughout the City request changes to the Bakersfield
Municipal Code which are minor in nature. Generally, the changes are being sought to make a
section read better or to reflect current practice or correct typographical errors.
The following is a list of ordinances that are being recommended by Staff for changes:
1. BMC Section 2.84.570. This amendment specifies that an employee must work five
(5) consecutive years with the City and be eligible for retirement in order to receive sick-leave
compensation. This change encourages employment longevity with the City. Since sick leave
compensation is a benefit given by the City to employees, the City has the authority to set its
requirements but this clarification was also approved by the SEIU representative.
2. BMC Section 8.32.060. This amendment deletes the section entitling an absentee
owner to a prorated refund of charges for a period that the dwelling is unoccupied. This is an
antiquated section and no longer current practice.
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3. BMC Section 12.16.150. This amendment deletes reference to a 12 year
workmanship and performance warranty agreement" with the City which allowed a permittee to
receive a reduced fee. This has never been used due to the expense for the permittee.
4. BMC Section 14.04.240. The amendment deletes an antiquated provision
concerning installation of connections from water mains to individual properties which does not
reflect current practice. All such lines are installed by developers.
5. BMC Sections 16.16.050 and 16.16.060. The amendment to 16.16.050 deletes an
obsolete provision requiring maps to be submitted to the Officer of Intergovernmental
Management and creates a more generic description (in lieu of Pac Bell) for a telephone utility.
The amendment to 16.16.060 increases the time to return to the subdivider a copy of the map
with the resolution advising of the agency's decision from two calendar weeks to a more
reasonable thirty (30) days.
6. BMC Section 16.32.060. The amendment updates the list of planned sanitary sewer
areas in which assessment fees are being collected.
7. BMC Section 17.71.020. This amendment revises the definition of Northeast
Bakersfield to be consistent with all other Code references.
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MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Douglas Greener, Fire Chief
November 4, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Adoption of Ordinance amending Chapter 15.65 of the Bakersfield Municipal Code
relating to the California Fire Code. (All wards)
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendment.
BACKGROUND:
First reading of the of the above listed ordinance amendment was at the Council meeting
on November 3, 2010. The California Fire Code establishes State regulations regarding minimal
standards for fire related hazards and fire safety. The provisions of the California Fire Code are
applicable to all cities and counties in California, including charter cities, without exception.
However, cities and counties may establish more restrictive and reasonably necessary
differences to the State-wide provisions due to climatic, topographical or geological conditions.
The State has adopted the 2010 Edition of the California Fire Code as part of a normal update
cycle, which occurs every three years. The updated 2010 Edition of the California Fire Code
provision is effective January 1, 2011.
The City of Bakersfield (City) previously adopted the 2007 Edition of the California Fire
Code in the Bakersfield Municipal Code (BMC) at Chapter 15.65. It is necessary for the City to
amend BMC Chapter 15.65, to reflect the updated changes in the 2010 Edition of the California
Fire Code.
The only substantive revision to the California Fire Code, by the State, is a requirement for
fire sprinkler installations in all new single and multi-family dwellings. The proposed amendments,
by the City to BMC 15.65, do not establish any additional restrictions above the newly adopted
State standards in the California Fire Code. The Bakersfield Fire Department has met with the
Home Builders Association about the adoption of the 2010 Edition of the California Fire Code and
received minimal comments. The remainder of the BMC ordinance amendments consists of
the re-numbering of existing provisions.
A copy of the 2010 Edition of the California Fire Code is on file at the City Clerk's office for
review.
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MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: .-F, :"Q_
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: November 4, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY J CITY MANAGER
SUBJECT: Adoption of ordinance amending sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13,
15.15. and adding sections 15.17 and 15.19 of the Building and Construction
codes, specifically the California Building Code, Mechanical Code, Plumbing
Code, Electrical Code, Existing Building Code, Historical Building Code, California
Residential Code and California Green Building Code
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the of the above listed ordinance amendment was at the Council meeting on
November 3, 2010. The State of California recently adopted new versions of the California
Building Code (CBC), Mechanical Code, Plumbing Code, Electrical Code, California Existing
Code, Historical Building Code and added a new California Residential Code and Green
Building Code, hereinafter collectively referred to as state codes. This Is part of the normal
code adoption cycle which occurs every three years after the publication of the new national
model codes. In the previous cycle, California merged the International Building Code and
International Residential Code Into one California Building Code. This cycle the Residential
and California Building Codes have remained separate and consistent with the International
Building Code.
State law requires that the City of Bakersfield ("City") adopt the above state codes by January
1, 2011. The adoption of the state codes by general law and charter cities is mandatory.
However, state law permits the City to amend these state codes to make them more
restrictive as long as such restrictions are based upon climatic, geological, and/or
topographical reasons.
The new state codes include some major revisions that will impact the cost of a new single
family home. The California Residential Code includes a requirement for fire sprinklers in all
new single and two-family dwellings. This is a "life safety" system that will be connected to the
domestic water service. Additionally, California adopted a Green Building Code which
requires several new mandatory measures such as Irrigation Controllers with moisture probes,
water fixtures (e.g., dual flush toilets, water faucets) with 20% reduced flow, whole house fan,
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and many others. These items along with the new requirements per the California Energy
Code increase the construction costs of a new home.
For the most part, the City's proposed amendments to the state codes are technical and
minimal in nature. As proposed, two key amendments go beyond state law by prohibiting the
use of wood foundation systems and retaining walls within seismic zones D, E or F. In addition,
another amendment allows the use of a wood foundation for a storage shed or similar use up
to 240 square feet.
City staff met with the Legislative Branch of the local Home Builders Association (HBA) about
the adoption of the new state codes and proposed amendments. The HBA members' main
concern was if any of the proposed amendments would affect the way they currently build a
single family home, As proposed, the amendments do not significantly alter existing practices,
Due to the more restrictive amendments mentioned above a hearing is needed to give the
public an opportunity to comment on the new code changes at the next City Council
Meeting. Additionally, in October staff started conducting a series of classes regarding the
code changes. These classes educate local architects, contractors and homeowners about
the changes to the code.
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MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: E3 .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 15, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution amending the official list of designated speed zones, pursuant to
Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of
the Bakersfield Municipal Code (Wards 1, 2, 3, 4, 5 & 7).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: This resolution establishes speed zones which can be enforced by radar on
roadways within the City. The roadway segments below are proposed to have a speed zone
change, road segment limit change, or had been previously established by the County.
The method of establishing posted speed limits was revised in the California Manuel of Uniform
Traffic Control Devices and applies to all engineering and traffic surveys performed after May
20, 2004. Therefore, one previously established speed limit is proposed to increase to meet the
new State guidelines.
Speed Existing Proposed
Zone Speed Speed
Location Limit Limit
Council Ward # 1
Madison Street, from Brundage Lane to Belle Terrace 55 mph 35 mph
Council Ward #2
21 st Street, from F Street to M Street 25 mph 30 mph
Council Ward #3
City Hills Drive, from Vineland Road to Panorama Drive
55 mph
50 mph
Masterson Street, from Paladino Street to State Route 178
55 mph
50 mph
Morning Drive, from Panorama Drive to Paladino Drive
55 mph
55 mph
Paladino Drive, from Vineland Road to Masterson Street
55 mph
50 mph
Paladino Drive, from Morning Drive to Vineland Road
55 mph
50 mph
Panorama Drive, from Masterson Street to Vineland Road
55 mph
50 mph
Vineland Road, from Paladino Road to City Hills Drive
55 mph
50 mph
November 2, 2010, 4:25PM
G:\GR0UPDAT\ADMINRPT\2010\11-17\Admin Rpt_Speeds_Nov2010.docx
ADMINISTRATIVE REPORT
Council Ward #4
Coffee Road, from Olive Drive to Norris Road
65 mph
55 mph
Reina Road, from Renfro Road to Allen Road
55 mph
50 mph
Council Ward #5
Panama Lane, from Gosford Road to Old River Road
55 mph
55 mph
Panama Lane, from Old River Road to Buena Vista Road
65/55 mph
55 mph
Panama Lane, from Buena Vista Road to Allen Road
55 mph
55 mph
Council Wards #4 & 5
White Lane, from Allen Road to Buena Vista Road
55 mph
55 mph
Council Ward #7
Berkshire Road, from Wible Road to Granite Hills Street
45 mph
35 mph
Chapter 7 of the California Vehicle Code (CVC) defines three different speed limits within
which all drivers should obey whether or not signs are erected indicating those speed limits.
The three different speed limits are as follows:
1. 15 m.p.h.
a. At "blind" railroad crossings. (CVC Section 22352.a.1)
b. At "blind" intersections. (CVC Section 22352.a.2)
C. On any alley. (CVC Section 22352.a.3)
2. 25 m.p.h.
a. Ina "residence" district. (CVC Section 22352.b.1)
b. Ina "business" district. (CVC Section 22352.b.1)
C. In a school zone. (CVC Section 22352.b.2)
3. 55 m.p.h.
Upon a two-lane, undivided highway. (CVC Sections 22349 b., and 40802)
4. 65 m.p.h.
Any street which does not fall into the categories listed in numbers 1, 2 and 3
above. (CVC Sections 22349.a. and 40802)
The California State Legislature revised the California Vehicle Code (CVC) effective January 1,
1997 to set the maximum speed limit at 65 mph.
The CVC allows the 25 m.p.h. speed limit to be raised (Section 22357) or the 65 m.p.h. speed
limit to be lowered (Section 22358) to facilitate the smooth orderly flow of traffic. This increase
or reduction is done by an "Engineering and Traffic Survey". The survey must be done in
accordance with State mandated procedures and must be renewed every five (5) years.
The speed limit which is proposed in the subject resolution has been established as a result of
an "Engineering and Traffic Survey".
JU
KTC601
November 2, 2010, 4:25PM
G:\GR0UPDA'RADMINRPT\2010\11-17\Admin_Rpt_Speeds_Nov2010.docx
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1 0
ADMINISTRATIVE REPORT
**a
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent
ITEM: 8 ,
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: October 29, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p~
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 authorize collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on November 8, 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. The property owners were notified and failed to
comply with the notices to abate such public nuisance. After a hearing duly noticed and held
before the Building Director, the Director issued orders requiring the property owner to abate the
public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1 /Councilmember Irma Carson
1.
1501 Antonia Way
022-122-07
$
819.00
2.
1609 S. Chester Avenue
011-401-14
$
300.00
3.
222 Clifton Street
018-380-07
$
900.00
4.
1317 Dorian Drive
022-030-01
$
725.00
5.
3408 Elda Avenue
172-122-24
$
300.00
6.
3610 Hale Street
172-052-09
$
698.00
7.
608 S. Haley Street
019-101-02
$
300.00
8.
809 Karma Court
171-223-16
$
105.00
October 29, 2010, 8:29AM/kd
S:\Dana\ADMINS\2010\Nov\l 1-17-Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Councilmember Irma Carson
9.
323 S. King Street
018-140-17
$
300.00
10.
1128 Kyner Avenue
412-171-23
$
1,080.00
11.
208 Madison Street
169-031-12
$
300.00
12.
3412 Meeks Avenue
172-124-23
$
105.00
13.
3604 Meeks Avenue
172-134-16
$
694.00
14.
831 N Street
009-222-06
$
300.00
15.
31 Northrup Street
018-330-29
$
729.00
16.
103 Obregon Avenue
516-132-01
$
880.00
17.
306 Ohio Drive
169-070-22
$
694.00
18.
5300 O'Neill Court
412-212-32
$
105.00
19.
327 S. Owens Street
018-290-20
$
105.00
20.
609 Patricia Avenue
022-215-08
$
105.00
21.
212 Rodman Street
139-341-14
$
300.00
22.
703 t/2 Wilkins Street
139-432-27
$
750.00
23.
1127 Wilkins Street
018-260-19
$
949.00
24.
1421 Wilkins Street
018-432-04
$
959.00
25.
10066 th Street
009-361-09
$
150.00
26.
324 E. 1 1 th Street
139-041-09
$
695.00
Ward 2/Councilmember Sue Benham
27.
231 B Street
008-171-13
$
1,489.00
28.
713 Eye Street
009-251-06
$
105.00
29.
3815 K Street
120-060-08
$
929.00
30.
1010 Kentucky Street
015-380-15
$
105.00
31.
1314 Kentucky Street
015-410-09
$
975.00
32.
124 Oleander Avenue
008-341-19
$
300.00
33.
1714 Orange Street
007-160-24
$
300.00
34.
1819 Orange Street
007-192-13
$
300.00
35.
1206 Oregon Street
015-100-15
$
1,000.00
36.
1031 Pacific Street
015-080-08
$
635.00
37.
511 Quincy Street
013-210-03
$
105.00
38.
527 Quincy Street
013-210-06
$
720.00
39.
1324 Quincy Street
127-030-24
$
690.00
40.
1015 E. Truxtun Avenue
017-170-08
$
300.00
41.
400 17th Street
006-124-21
$
795.00
October 29, 2010, 8:29AM/kd
SADana\ADMINS\2010\Nov\11-17-Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 3/Counciimember Ken Weir
APN ' COST
42.
5609 Bayberry Avenue
365-192-12
$
840.00
43.
4300 Elder Court
434-092-12
$
709.00
44.
2404 Kaibab Avenue
383-051-16
$
105.00
45.
3008 University Avenue
382-080-13
$
919.00
46.
6309 Wildflower Street
531-383-03
$
300.00
Ward 4/Counciimember David Couch
47.
13700 Brogan Avenue
522-091-01
$
884.00
48.
203 Cedmont Drive
500-713-03
$
719.00
49.
8408 Hoodsport Avenue
451-451-11
$
725.00
50.
6007 Inverwood Drive
529-210-38
$
105.00
51.
6010 Inverwood Drive
529-210-36
$
105.00
52.
12618 Knights Bridge Place
528-192-03
$
740.00
53.
9315 Lake Victoria Drive
494-570-03
$
745.00
54.
12706 Marradi Avenue
528-051-19
$
300.00
55.
11717 New Hampshire Avenue
528-301-27
$
105.00
56.
11500 Pacific Harbor Avenue
527-361-02
$
710.00
57.
13514 Plumas Wood Lane
529-210-08
$
105.00
58.
11916 Roaring River Avenue
522-441-01
$
694.00
59.
8301 Sea Meadow Lane
494-41 1-03
$
740.00
60.
11601 Wrangler Drive
527-043-07
$
105.00
Ward 5/Counciimember Harold Hanson
61.
South of 4940 Gosford Road
498-010-72
$
105.00
62.
11002 Grand Prairie Drive
497-274-02
$
749.00
63.
7001 Outingdale Drive
339-41 1-02
$
300.00
Ward 6/Coucilmember Jacauie Sullivan
64.
5900 Almendra Court #C
355-481-24
$
999.00
65.
6013 Brewer Creek Drive
498-724-11
$
695.00
66.
3039 Cedarwood Drive
355-272-11
$
744.00
67.
2304 Cheshire Drive
355-341-19
$
105.00
68.
3004 Estero Court
441-242-11
$
760.00
69.
9218 Golden Wheat Drive
532-121-13
$
694.00
70.
2900 Hallisey Street
441-051-16
$
105.00
71.
6220 Hawk Creek Drive
498-675-05
$
769.00
October 29, 2010, 8:29AM/kd
S:\Dana\ADM1NS\2010\Nov\11-17-Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN
Ward 6/Couciimember Jacauie Sullivan
72.
4508 Planz Road
441-160-09
$
73.
6100 Quaking Aspen Street
498-102-11
$
74.
61 15 Saint Croix Drive
499-31 1-28
$
75.
4409 White Lane
404-032-02
$
76.
5208 Winter Pasture Avenue
532-136-19
$
Ward 7/Councilmember Zack Scrivner
77.
6204 Chester W. Nimitz Street
78.
6801 Colony Street
79.
1808 Faxon Avenue
80.
7734 Genivieve Street
81.
4309 Jackson Ridge Avenue
82.
1101 Valdes Court
83.
6915 Whisenant Street
84.
1217 White Lane
85.
6640 Wible Road
372-302-03
$
515-060-03
$
372-131-07
$
516-423-05
$
514-492-05
$
516-392-26
$
516-41 1-05
$
171-145-31
$
515-010-03
$
COST
700.00
965.00
300.00
300.00
740.00
760.00
300.00
1,139.00
715.00
845.00
105.00
300.00
760.00
300.00
The owners of the above-mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager or his designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The 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.
October 29, 2010, 8:29AM/kd
S:\Dana\ADMINS\2010\Nov\11-17-Property Abatement.doc
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ADMINISTRATIVE REPORT
c9 1 ,L®
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: S. i,
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 29, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER iCsJ
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 623 consisting
of 1,597.73 acres, generally located on the west side of Santa Fe Way,
between Seventh Standard Road and Kratzmeyer Road, east of Greeley
Road (future alignment). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On January 27, 2010, the Bakersfield City Council adopted Resolution 008-10 to initiate
proceedings for Annexation No. 623 - West Rosedale Ranch. The territory proposed for
annexation consists of 1,597.73 acres and is located generally on the west side of Santa
Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road
(future alignment). This territory is adjacent to the City limits, is within the City's Sphere of
Influence boundary, and has been prezoned by the City. The property owners for the
territory have consented to annexation which represents 100% consent. The proposal is
to annex the land for development purposes and receive city services.
The original annexation proceedings were terminated by the Local Agency Formation
Commission (LAFCO) on May 26, 2010. The following serves as a summary of the
important steps in the process to date that led up to the termination of the proceedings
and this request to submit a new application to LAFCO:
The original annexation application was submitted to LAFCO on March 15, 2010. LAFCO
notice of filing prompted the Kern County Auditor-Controller-County Clerk on May 13,
2010, to issue the letter that starts the 60-day time period during which the City and
County commence negotiations pursuant to the Memorandum of Understanding relative
to the exchange of property tax revenues (MOU - City Agreement # 105-015 and County
Agreement #119-2005, dated February 15, 2005). The deadline to adopt all tax revenue
exchanges was set as May 24, 2010.
ADMINISTRATIVE REPORT
Page 2
Since the deadline passed without resolving the property tax negotiations between the
City and County, LAFCO issued a notice dated May 26, 2010 to the City that the
annexation proceedings were terminated.
Although the annexation proceedings were terminated, the property owners continued
to work with the County to resolve issues pertaining to offsetting the cost of providing
County-related public facilities necessary to support the proposed development. On
October 19, 2010 the Kern County Board of Supervisors adopted a County facility impact
mitigation agreement with the property owners which essentially will allow the processing
of the annexation to proceed.
The next step is to adopt the resolution to allow the City to submit another application to
LAFCO, thus reviving this annexation proposal. LAFCO has indicated that a majority of
the original application material may still be used, thereby reducing the amount of time
needed to process the application. Once the 60-day tax revenue exchange negotiation
period is initiated, the City and County will be prepared to immediately process the
necessary paperwork to be transmitted to LAFCO for continued processing and the
overall success of this annexation.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 05-015) between the City of
Bakersfield and County of Kern.
MO\S:\Annexafion\Res of Applic\Admin Draft 623 reviv.doc
BA
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r
ADMINISTRATIVE REPORT
1
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 29, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 625 consisting
of 793.26 acres, located west of Renfro Road, between Kratzmeyer and
Reina Roads, east of Nord Avenue. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On January 27, 2010, the Bakersfield City Council adopted Resolution 009-10 to initiate
proceedings for Annexation No. 625 - Kratzmeyer Ranch. The territory proposed for
annexation consists of 793.26 acres, located west of Renfro Road, between Kratzmeyer
and Reina Roads, east of Nord Avenue. This territory is adjacent to the City limits, is within
the City's Sphere of Influence boundary, and has been prezoned by the City. The
property owners for the territory have consented to annexation which represents 100%
consent. The proposal is to annex the land for development purposes and receive city
services.
The original annexation proceedings were terminated by the Local Agency Formation
Commission (LAFCO) on May 26, 2010. The following serves as a summary of the
important steps in the process to date that led up to the termination of the proceedings
and this request to submit a new application to LAFCO:
The original annexation application was submitted to LAFCO on March 15, 2010. LAFCO
notice of filing prompted the Kern County Auditor-Controller-County Clerk on May 13,
2010, to issue the letter that starts the 60-day time period during which the City and
County commence negotiations pursuant to the Memorandum of Understanding relative
to the exchange of property tax revenues (MOU - City Agreement # 105-015 and County
Agreement # 119-2005, dated February 15, 2005). The deadline to adopt all tax revenue
exchanges was set as May 24, 2010.
ADMINISTRATIVE REPORT
Page 2
Since the deadline passed without resolving the property tax negotiations between the
City and County, LAFCO issued a notice dated May 26, 2010 to the City that the
annexation proceedings were terminated.
Although the annexation proceedings were terminated, the property owners continued
to work with the County to resolve issues pertaining to offsetting the cost of providing
County-related public facilities necessary to support the proposed development. On
October 19, 2010 the Kern County Board of Supervisors adopted a County facility impact
mitigation agreement with the property owners which essentially will allow the processing
of the annexation to proceed.
The next step is to adopt the resolution to allow the City to submit another application to
LAFCO, thus reviving this annexation proposal. LAFCO has indicated that a majority of
the original application material may still be used, thereby reducing the amount of time
needed to process the application. Once the 60-day tax revenue exchange negotiation
period is initiated, the City and County will be prepared to immediately process the
necessary paperwork to be transmitted to LAFCO for continued processing and the
overall success of this annexation.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 05-015) between the City of
Bakersfield and County of Kern.
MO\S:\Annexation\Res of Applic\Admin Draft 625 reviv.doc
BA E
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
4'i
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 1, 2010 CITY ATTORNEY R l✓
CITY MANAGER_
SUBJECT: Amendment No. 1 to Resolution No. 088-10 approving the destruction of certain
obsolete City records, documents, instruments, books and papers, pursuant to
California Government Code Section 34090, et. seq. (Public Works Department).
RECOMMENDATION: Staff recommends adoption of Amendment.
BACKGROUND: Resolution No. 088-10 was approved by the City Council on August 11, 2010. This
Resolution authorized the Public Works Department to destroy obsolete records and reports, etc.,
in accordance with Exhibit "A" of the Resolution. Governmental Code Section 34090 permits
destruction of certain public records upon the approval of the City Attorney and a Resolution
adopted by the City Council.
Staff proposes to amend the current Resolution for the following items:
• Capital Improvement Project Files for Administrative Services Division and Construction
Division: Transfer from 'retain indefinitely' section of Retention Schedule to 'retain for 10
years' section.
• Street Permits for Subdivisions: Transfer from 'retain indefinitely' section of Retention
Schedule to 'retain for 10 years' section.
• Project files for Construction Division: Transfer from 'retain indefinitely' section of Retention
Schedule to 'retain for 10 years' section.
• Tract files for Construction Division: Transfer from 'retain indefinitely' section of Retention
Schedule to 'retain for 10 years' section.
• Employee Accident / Industrial Injury Reports: Removed from Public Works Retention
Schedule. Risk Management Division is the original record keeper for these documents.
• Claim vouchers, purchase orders,. and invoices: Removed from Public Works Retention
Schedule. Finance Division is the original record keeper for these documents.
• Receipt and deposit books: Removed from Public Works Retention Schedule. Finance
Division is the original record keeper for these documents.
Attached is a copy of the Records Retention Schedule marked Exhibit "A".
GAGROUPDATIADMINRPTQ010\11-17\Record Destruction Admin.doc
IBA
ADMINISTRATIVE REPORT
gLIF0
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: . I,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 27, 2010 CITY ATTORNEY y~
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1680 to add territory, Area 5-60 (2213 & 2217 Coy
Avenue) to the Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report. (Ward 1)
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.
Ps
G:\GR0UPDAT\ADMINRPT\2010\11-17\R0I 1680 CMD 5-60 admin.docx
BAKE[A
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: S, rn
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 28, 2010
Approval of Tract Map and Improvement Agreement
Final Map and Improvement Agreement with Symbolic Investment &
Operating Company, LLC, a Nevada Limited Liability Company, for Tract 6364
Phase 1 located east of Renfro Road and south of Kratzmeyer Road. (Ward 4)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
dha
November 1, 2010, 3:06PM
G:\GROUPDATWDMINRPT\2010\11-17\T6364-1 Map and IM AGR.doc
o A13 K S;n
<<>>> ADMINISTRATIVE REPORT
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: A n _
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: November 8, 2010
O ED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Memorandum of Understanding (MOU) between City of Bakersfield and the Kern Council of
Governments for conceptual planning and visualization activities for areas surrounding the
proposed location(s) of the Bakersfield High-Speed Rail terminal (Ward 2).
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The California High-Speed Rail Authority has designated two potential locations in Downtown Bakersfield
(generally southeast of the intersection of Truxtun Avenue and 'Q' Street) for a passenger terminal along
the planned California High-Speed Rail system. As discussed by the California High-Speed Rail
Authority's "General Principles and Guidelines" for station area development, a terminal would potentially
provide the City of Bakersfield with opportunities for Transit Oriented Development (TOD), multi-modal
transportation, increased density of development, and a mixture of land uses in areas associated with the
planned terminal.
In order to plan for these development opportunities, the Kern Council of Governments (KernCOG) is
proposing to fund visualization studies and a conceptual plan for areas surrounding the proposed High-
Speed Rail terminal location(s), and is requesting staff assistance from the City of Bakersfield Planning
Division and Economic and Community Development to assist KernCOG with the project. This
Memorandum of Understanding allows for City staff to assist with this KernCOG-funded planning and
visualization project. Other than personnel costs associated with City staff, no additional City funding will
be used in this project.
KernCOG has requested Council approval of the MOU prior to the November 18, 2010 KemCOG board
meeting.
S:1RyanlHigh Speed RaiMSR Kemcog MOU Admin.Doc
11/8/2010 9:34 AM
BAKE
~J CORPOx4r
ADMINISTRATIVE REPORT
~ILIF0 \
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: , a
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD r L kf
DATE: November 1, 2010 CITY ATTORNEY
CITY MANAGER_ &
SUBJECT: Amendment 2 to Agreement No. 05-429 with Bright House Networks ($500,000)
extending the license and naming rights agreement for the Amphitheatre at The
Park at River Walk. (Ward 4)
RECOMMENDATION:
Staff recommends acceptance of the amendment.
BACKGROUND:
In December 2005, the City and Bright House Networks (BHN) entered into Agreement
No. 05-429 for the licensing and naming rights to the Amphitheatre at The Park at River
Walk. Under the basic terms of the initial agreement, BHN provided an annual cash
payment of $75,000 to City and provided $25,000 in advertising on Bright House
Channels, for a total value $500,000 over five years. The original agreement is set to
expire December 31, 2010.
Due to the mutually beneficial relationship over the past five years, both parties desire
to extend Agreement No. 05-429 for an additional five years with new compensation
and advertising terms. This amendment changes the annual BHN cash payment to
$60,000 and in-kind advertising provided to City to $40,000, for a total value $500,000
over five years. The City also agrees to provide BHN half page advertising space on the
back cover of the Recreation and Parks brochure with each issue.
JAC:Isc:saf
S:\ Administration\Agreements\2010\BrighthouseNetAgr05-429(2)
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: ~j
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Vd-
DATE: November 5, 2010 CITY ATTORNEY V(-
CITY MANAGER &
SUBJECT: Amendment No. 1 to Agreement No. 09-016 with Littler Mendelson ($25,000; revised
not to exceed $65,000) to provide outside legal services in the matter of Bakersfield
Police Officers' Association v. City of Bakersfield, Kern County Superior Court Case
No. S-1500-CV-268290 NFT.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On October 12, 2009, the City entered into Agreement No. 09-016 with the law firm of Littler
Mendenson for legal representation in the Writ of Mandate lawsuit filed by the Bakersfield Police
Officers' Association (BPOA) against the City of Bakersfield. Pursuant to the ruling in the Writ of
Mandate case, the City Council held an impasse hearing. Subsequently, BPOA filed a
supplemental petition for writ of mandate alleging that the City was required to impose its last,
best, and final offer.
In order to allow the law firm of Littler Mendelson to continue its representation of the City,
Agreement No. 09-016 must allow for additional compensation. Staff is recommending that City
Council approve the attached Amendment to the existing contract which provides for an
additional $25,000, bringing the total amount of the contract not to exceed $65,000.
VG:Isc
S:\C0UNCIL\Admins\10-11 Admins\AttyAgr09-016Amd1.LittlerMendelson.dot
November 5, 2010, 11:44AM
T A
ADMINISTRATIVE REPORT
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: November 3, 2010 CITY ATTORNEY
CITY MANAGER ICJ
SUBJECT: Amendment No. 2 to Agreement No. 08-208 with Precision Fertilizer Spreading
extending the term for one (1) year (zero dollar increase) for the annual contract
for hauling and spreading biosolids. (Wards 1, 6)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On November 19, 2008, Council approved the annual contract for hauling
and spreading biosolids to Precision Fertilizer Spreading, in the amount of $110,250; renewable
annually thereafter for four (4) consecutive one-year periods. On December 16, 2009, Council
executed Amendment No. 1 adding $247,000 for a revised not to exceed amount of $357,250
and extending the term one year. If approved, Amendment No. 2 will add an additional year
extending the agreement to expire in November 2011. Extending the Agreement allows the
City to continue performing this necessary and specialized service.
Funds are available in the Wastewater Enterprise Fund for this service. No General Fund dollars
will be used for this service.
Purchasing Division/ch
S:IPURCHWDMINWmendments 10-11~Amendment #2 to Agreement 08-208, Precision Fertilizer Spreading, AC Hauling and Spreading of
Biosolids, November 17, 2010.docac
BA
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J
ADMINISTRATIVE REPORT
cEVIL~
~1F0
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. r,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 2, 2010
Reject all bids for Install Traffic Signal Interconnect - Part 8 (Wards 1, 2, 3, 4, & 7).
AP ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: This project consists of installing traffic signal interconnect conduit and wiring
along various streets within the City of Bakersfield. With this new interconnect installed, traffic
signal timing along these segments can be optimized to improve traffic flow and improve air
quality by reducing vehicle pollutants.
This traffic signal interconnect project is funded predominately with federal Congestion Mitigation
and Air Quality Program (CMAQ) funds. The federal portion of this project is 88.53%. The local
match of 11.47% will be funded with gas tax revenues. The Engineer's Estimate for this project is
$680,000.
On September 24, 2010, a total of four bids were received.
MGE Underground
816 26th Street
Bakersfield, CA 93446 in the amount of $675,575.00
Traffic Development Services
4215 Tierra Revada Rd.
Moorpark, CA 93021 in the amount of $711,758.00
Loop Electric
7040 Downing Ave.
Bakersfield, CA 93308 in the amount of $791,417.00
A-C Electric Company
2921 Hangar Way
Bakersfield, CA 93308 in the amount of $836,487.50
This project is funded with FHWA funds and as a condition of receiving these funds, the City
implemented the Caltrans' Disadvantaged Business Enterprise Program, commonly referred to as
November 2, 2010, 1:53PM
G:\GROUPDATWDMINRPTWDMINFORM.doc
ADMINISTRATIVE REPORT
the DBE Program. The DBE Program is based on federal regulations mandated by the United
States Department of Transportation (DOT). It is the policy of the City of Bakersfield to ensure that
DBEs, as defined in these federal regulations, have an equal opportunity to receive and
participate in DOT-assisted contracts. Staff inadvertently included an outdated Caltrans DBE form
in the bid package which generated some confusion. Therefore, staff recommends rejecting all
bids. This project will be rebid with the proper DBE forms.
JU
TOK203, CML5109(164)
November 2, 2010, 1:53PM
G:\GROUPDATIADMINRPT\ADM INFORM.doc
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
October 8, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_ 4
SUBJECT:
Reject all bids for the Piping Materials and Butterfly Valves for the Stine Road
Finished Water Pipeline. (Ward 6)
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: Staff will re-evaluate the needs for this project at a future date.
Purchasing Division
kb
& PURMADMINWdmin 10-1 Meject Bids - Piping Matls and Butterfly Valves, 10-11-18, November 17, 2010.docn
A
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ADMINISTRATIVE REPORT
C ''bier u~
/FO
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Department DEPARTMENT HEAD
DATE: November 1, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract with West Coast Structures, Inc. ($282,712.97)
for bridge rehabilitation projects: Manor Street at Carrier Canal and Union
Avenue Overhead at UPRR, (Wards 2 and 3).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract
BACKGROUND: Periodic bridge inspections are performed by Caltrans staff and the results of
the inspections are submitted to the City for bridges located within City limits. As a result of the
inspection recommendations, the City hired a design consultant to produce bid documents
for bridge rehabilitation design at two locations: 1) Manor Street at Carrier Canal; and, 2)
Union Avenue Overhead at Union Pacific Railroad. Since there will be some construction
adjacent to the Kern Island Canal, it would be advantageous to begin construction
operations in coordination with the normal maintenance period of the canal (mid December
to the end of December).
To enhance safety to the traveling public during this construction, a detour around the Manor
Street site is planned as part of this project.
The Engineer's Estimate was $335,000. Sufficient funds are budgeted to cover this contract.
The project was advertised on October 7, 2010. On October 28, 2010, a total of two bids were
received; both bids are acceptable. Those acceptable bids are as follows:
West Coast Structures, Inc.
6005 Tyler Street
Riverside, CA 92503 in amount of $282,712.97
Peterson-Chase,
General Engineering Construction, Inc.
1792 Kaiser Avenue
Irvine, CA 92614 in amount of $366,690.00
There is no General Fund impact associated with these projects.
REB
G:\GROUPDAT\ADMINRPT\2010\11-17\Admin Report -Bridge Rehabilitation Project.doc
City Project No: T8K128; T8K129
BA A
O~ytOWOAAT
ADMINISTRATIVE REPORT r~
c L1F0
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 4, 2010
SUBJECT: City in the Hills Park (Ward 3):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Accept Base Bid only and approve contract with Elite Landscaping, Inc.
($1,598,000.00) for the project.
2. Appropriate $597,200 Park Development Fees to the Recreation and Parks
Department's Capital Improvement Budget within the Park Improvement
Fund (Zone 3).
RECOMMENDATION: Staff recommends acceptance of low Base Bid and approval of
contract and appropriation.
BACKGROUND: This project includes construction of an approximately 9 acre neighborhood
park, City in the Hills Park, located on the north side of City Hills Drive at Conteria Drive. This
park includes tennis courts, basketball courts, sand volleyball courts, children's playground,
picnic facilities, shade structure, safety lighting, outdoor exercise equipment, and a perimeter
walking path. The engineer's estimate for this project was $1,500,000 for the Base Bid.
This project will be funded entirely from the Park Improvement Fund. Currently, $1,150,000 is
appropriated for this project from Fiscal Year 2007-08. Staff recommends an additional
$597,200 appropriation for this project into the Recreation and Parks Department's Capital
Improvement Budget in order to fully fund the Base Bid and potential change orders. There is
no General Fund impact associated with this appropriation.
The project's bid documents include a Base Bid and one Additive Alternate. All of the park's
amenities are included in the Base Bid. The additive alternate, if included in the awarded
contract, would result in construction of a rubberized material surface throughout all of the
playground area. Without this Additive Alternate, the rubberized material surface will be used
only within close proximity to the playground equipment and sand will be used as the surface
material in the center portion of the playground area.
On October 28, 2010, eight bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Elite Landscaping, Inc.
2972 Larkin Avenue
Clovis, CA 93612
Base Bid in the amount of $1,598,000.00
November 5, 2010, 9:03AM
GAGROUPDATMMINRPT\2010\11-17\Admin Rpt City in the Hills P8C227.docx
ADMINISTRATIVE REPORT
Omega Construction
16500 Barton Lane
Bakersfield, CA 93314 (County)
Kern Pacific Construction
4001 Patton Way # 1
Bakersfield, CA 93308 (City)
S.C. Anderson
2160 Mars Court
Bakersfield, CA 93308 (County)
JTS Construction
7001 McDivitt Drive, Suite B
Bakersfield, CA 93313 (City)
Gothic Landscaping, Inc.
27502 Ave Scott
Valencia, CA 91355
John Madonna Construction
12165 Los Osos Valley Road
San Luis Obispo, CA 93405
Kubly Golf Course Construction
8970 East Raintree, Suite 300
Scottsdale, AZ 85260
PW /Design Engineering: ADR
P8C227
Base Bid in the amount of $1,650,000.00
Base Bid in the amount of $1,729,000.00
Base Bid in the amount of $1,834,000.00
Base Bid in the amount of $1,847,500.00
Base Bid it the amount of $2,010,263.00
Base Bid in the amount of $2,125,000.00
Base Bid in the amount of $2,665,589.00
November 5, 2010, 9:03AM
GAGR0UPDATWDMINRPT12010111-17\Admin Rpt City in the Hills P8C227.docx
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . V,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 5, 2010
APPROVED
DEPARTMENT HEAD d~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve annual contract for the supply of dewatering polymers
to Hercules, Incorporated (Ashland) in the amount of $540,276.83 for the Public
Works Department, Wastewater Division Plant #3. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for the
Contract for Dewatering Polymers. Four (4) bids were received in response to the solicitation.
The terms and conditions of the bid required suppliers to submit samples of their polymers to
the Wastewater Treatment plant for testing to determine the best dewatering polymer for the
City's use. Samples were tested to evaluate performance requirements for cake dryness and
capture of suspended solids. The only bidder to meet the minimum 95% capture of suspended
solids was. Hercules, Incorporated (Ashland). The consequences of using a polymer with lower
suspended solids capture would result in a re-treatment process which significantly increases
the cost to the City because we would have to use twice as much product to get the required
result.
Staff recommends approval of the contract to Hercules Incorporated (Ashland) as the most
cost effective supplier and providing for the lowest net cost to the city for dewatering
polymers. The contract is renewable annually for four consecutive one-year periods at the
City's option and upon mutually agreeable terms. Sufficient funds are available in the Sewer
Enterprise Fund for this contract.
The four (4) bids received are as follows:
BIDDER A NT
Polydyne, Inc., Riceboro, GA $394,366.66
LAB RESULTS (CAPTURE % AVERAGE)
52.27% (unacceptable)
DTR Scientific, LLC, Bakersfield, CA $412,703.13
Hercules, Incorporated (Ashland) $540,276.83
Wilmington, DE
55.65% (unacceptable)
95.18%
NEO Solutions, Inc., Beaver, PA $552,075.00 30.66% (unacceptable)
Purchasing Division
S:IPURCHWDMINWdmin 10-11 WC for the Supply of Dewatering Polymers, 10-11-15, November 17, 2010.docx
November 5, 2010, 11:1 SAM
A
ADMINISTRATIVE REPORT
MEETING DATE: November 17, 2010 I AGENDA SECTION: Consent Calendar
ITEM: 8 , W,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 3, 2010
APPROVED
DEPARTMENT HEAD-A6__
CITY ATTORNEY
CITY MANAGER-
SUBJECT: Accept bids and approve contracts to Falcon Fuels, Inc. ($1,824,000) and Valley
Pacific Petroleum Services, Inc. ($1,976,000) for the annual contracts to supply
fuel. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bids and approval of contracts.
BACKGROUND: Invitations to bid were sent to all registered bidders for the supply of fuel. Two
(2) bids were received in response to the solicitation. The contracts are renewable annually
for four consecutive one-year periods at the City's option and upon mutually agreeable terms.
Terms and conditions of the Invitation to Bid required the suppliers to quote a differential price
per gallon for fuel, which represents the suppliers' profit and overhead.
Under the annual contract, fuel prices to the City will be based on a variable price (Oil Price
Information Service - OPTS) tied to a published index (Petroleum Administration Defense District
5 (PADD) Bakersfield Rack) weekly average of branded and unbranded fuel plus the Supplier's
positive or negative price differential. Bidding in this way enabled staff to determine the
lowest bidder based on the differential quoted as all of the suppliers' fuel costs have a
common base, that of OPIS pricing.
Funds are budgeted in the Equipment Management Fund for the majority of this contract.
In accordance with the terms of the bid, the City may accept any item or group of items bid,
or award the bid on the basis of total bid. In order to get the most favorable pricing, staff
recommends, the award be split as follows:
BIDDER AMOUNT
Falcon Fuels, Inc. $1,824,000
Paramount, California
ITEMS GROUP
Truck/Trailer (Large Quantity)
gasoline loads
Valley Pacific Petroleum Services, Inc. $1,976,000
Bakersfield, California
Diesel Fuel and (bobtail) Small Quantity
gasoline loads
A spreadsheet showing the differential pricing is attached.
Purchasing Division/kb
SAPURCHWDMINWdmin 10-11 WC for Fuel, 10-11-36, November 17, 2010.docx
"10=7,>-
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~ i
ADMINISTRATIVE REPORT
MEETING DATE: November 17,, 2010 AGENDA SECTION: Consent Calendar
ITEM: , X,
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: November 5, 2010
APPROVED
DEPARTMENT HEAD
/
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $15,000 Other State Shared Revenues from the Kern County Remote
Access Network (RAN) to the General Fund Police Operating Budget, to fund overtime for BPD
Crime Scene Unit Employees to process latent fingerprints into the AFIS database and clear the
backlog of latent print comparisons.
RECOMMENDATION: Staff recommends appropriation.
BACKGROUND:
The California State Department of Justice has established a uniform statewide
network (called Remote Access Network or "RAN"), of equipment and procedures allowing local
law enforcement agencies direct access to the California Identification System (a statewide
telecommunications network dedicated to the transmission of fingerprint identification data in
conjunction with Cal-ID for use by law enforcement agencies).
To facilitate the RAN throughout the State, each county receives funds collected from DMV
motor vehicle fees and court fees/fines. These funds are governed by each county's local RAN
board [CA PC 111 12.4(a)], who determines the placement of RAN equipment within all the law
enforcement agencies in the County, and coordinates acceptance, delivery, and installation of
RAN equipment. The board also develops any procedures necessary to regulate the ongoing
use and maintenance of that equipment. The funds may only be used to purchase/maintain
related equipment and personnel expenses related to RAN.
Each local RAN board is composed of a member of the board of supervisors, the sheriff, the
district attorney, the chief of police of the department having the largest number of sworn
personnel within the county, a second chief selected by all other police chiefs within the county,
a mayor elected by the city selection committee established pursuant to Section 50270 of the
Government Code, and a member at large chosen by the other members.
DB
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (11-24-10) RAN BOARD APPROPRIATION.docx
11/4/2010 3:43 PM Page 1 of 2
ADMINISTRATIVE REPORT
Page 2
The Kern County RAN board has allocated $15,000 of their FY2010-11 budget to provide the
Bakersfield Police Department (BPD) overtime funds for work completed by BPD Crime Scene Unit
employees which directly relates to the Automated Fingerprint Identification System (AFIS) and
fingerprint identification.
The BPD Crime Scene Unit currently has a backlog of latent prints from various offenses that can
be entered into the AFIS database, and a small backlog of latent print comparisons to be
completed. Additionally, the BPD will soon be able to enter fingerprint and palm cards into the
Kern County Archive. The BPD has thousands of fingerprint and palm cards currently stored in
filing cabinets. Once entered into the Kern County Archive, the prints will be accessible through
the AFIS system.
Db
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (11-24-10) RAN BOARD APPROPRIATION.docx
11/4/20103:43 PM
F A
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ADMINISTRATIVE REPORT
1
MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar
ITEM: A k/
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Douglas R. Greener, Fire Chief
November 5, 2010
California Emergency Management Agency (Cal EMA)
1. Accept Federal grant for $811,936 for mobile command unit, training, and
consultant.
2. Appropriate $811,936 Federal Grant Revenue to the Fire Department Urban
Area Security Initiative (UASI) Fund Capital Improvement and Operating Budgets
APP ED
DEPARTMENT HEA
t
CITY ATTORNEY
CITY MANAGER_ &
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The California Emergency Management Agency (Cal EMA) has approved the FYI 0 Homeland
Security Grant Program in the amount of $811,936. At least 90% of the grant will be used to
purchase an inter-agency mobile command unit, which is a state and federal security funding
priority. The remaining funds will be used for documented training exercises and a consultant.
The UASI mobile command unit is a shared, multi jurisdictional resource, and will be utilized and
maintained jointly by various county-wide emergency response agencies including: Bakersfield
Fire Department, Bakersfield Police Department, Kern County Fire Department, Kern County
Sheriff's Office, and County Emergency Medical Services.
This resource is a highly advanced and technologically equipped mobile apparatus that will
close an existing unified command gap for mitigation and oversight of major emergencies and
disasters. The value in the UASI approach is that a single unit will be purchased for regional use,
instead of the alternative of multiple agencies incurring much greater taxpayer costs by
purchasing individual agency-specific mobile command units.
The UASI mobile command unit will include the latest computer, satellite, dispatching, video, and
communications technologies critical for unified on-scene incident command during multi-
jurisdictional emergencies and disasters. The UASI mobile command unit will be configured on a
durable, heavy-duty emergency response apparatus platform, and will have an effective life-
span similar to or greater than that of other Fire Department emergency response apparatus.
November 8, 2010, 11:37AM
S:\Susan Chichester\Admin Report Word\UASI Admin Report.docx
~ oFw~B o.KEk
16 ADMINISTRATIVE REPORT
`~LIF
MEETING DATE: November 17, 2010 AGENDA SECTION: Hearings
ITEM: ( 0
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 5, 2010
Resolution of the City of Bakersfield Adopting the Amended Panama and Union
Planned Sewer Area fee schedule and boundary. (Ward 1)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D,,.
CITY MANAGER ~s.~
RECOMMENDATION: Staff recommends adoption the Resolution.
BACKGROUND: On November 3, 2010, the Council adopted Resolution of Intention No. 1677 to
amend the Panama and Union Planned Sewer Area boundary and preliminarily approve the
amended fee schedule.
This hearing is to review a proposed amended fee schedule and boundary to the Panama and
Union Planned Sewer Area in the City of Bakersfield, County of Kern, State of California, in order
to require the payment of a fee for purposes of defraying the actual or estimated cost of
constructing a portion of sewer trunk lines and appurtenant facilities. These facilities serve an
area generally bounded by Panama Lane on the north, 3/4 mile east of Cottonwood Road on the
east, Union Ave on the west, and Hosking Ave on the south.
The proposed amendment would extend the northern boundary generally to the southern
boundary of Tentative Tracts 6865 and 7029, 3/4 mile east of Cottonwood Road on the east, Union
Avenue on the west, and Hosking Avenue on the south. The amended boundary also eliminates
the County area east of Madison Avenue and south of Berkshire Road. The amended fee
schedule, the estimated cost of the improvements, and the amended map of the benefitted
area are attached hereto as Exhibits "A" and "B", respectively. The proposed amended planned
sewer area fee will be collected prior to the issuance of a residential or commercial building
permit. Established planned sewer area residents are exempt from the amended fee. Those who
apply for a building permit prior to the effective date of this amended resolution will be charged
the planned sewer area fee established in Resolution No. 083-07.
ps
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T A
ADMINISTRATIVE REPORT
MEETING DATE: November 17, 2010 AGENDA SECTION: Closed Session
ITEM: 15.6L ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 6, 2010
Public Employee Performance Evaluation - City Attorney
Closed session pursuant to Government Code section 54957(b) (1) / 54957.6
APPROVED
DEPARTMENT HEAD V4 r-, I
CITY ATTORNEY V~
CITY MANAGER
VG:Isc
S:\COUNCIL\CI Sess\Admins\ 10-1 1\1 1-17-10-CAEva(.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 3, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Sullivan
Absent: Councilmembers Couch, Hanson
a. Introduction of student body representatives
participating in the 56th consecutive Teen City
Government Day.
Victoria Nakagawa, Highland High School;
Gregory Merrill, Bakersfield Christian High
School; Manpreet Sandhu, Ridgeview High
School; Evelyn Bugarin, South High School;
Raymon Griggs, Stockdale High School;
Cody Casillas (absent), Golden Valley High
School; Alexandrea Gomez (absent),
Frontier High School; Eric Wingate, Bakersfield
High School; Tobias Lopez, North High School;
Roxy Burke, Foothill High School; Michelle Pham,
West High School; Shaun Casey-Reyes, Garces
High School; and Faith Valdez (absent), East
Bakersfield High School.
2. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Zachary Meier, 1 st grade
student at Old River Elementary School.
Mayor Hall acknowledged the political science class from
Bakersfield College in attendance at the meeting to learn
about City government.
4. WORKSHOPS
ACTION TAKEN
None.
Bakersfield, California, November 3, 2010 - Page 2
5. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of Proclamation to
Chris Brewer commemorating the 200th birthday
of Col. Thomas Baker, Bakersfield's Founder.
Mr. Brewer received the Proclamation and
made comments.
b. Presentation by Mayor Hall of Proclamation to
Daron Hobson declaring November 2010 as
National Juvenile Diabetes Month.
Mr. Hobson received the Proclamation, made
comments, and extended an invitation to
attend a walk on Saturday at Yokuts Park at
9:00 a.m.
6. PUBLIC STATEMENTS
a. Debbie Spohn, representative of the Southern
Sierra Council Boy Scouts of America, extended
an invitation to attend a Flag Retirement Event
on November 1 1 th, after the Veterans Day
Parade, and provided a handout.
b. Phyllis Adams, member of the Fox Theater
Foundation Board, spoke regarding the Fox
Theater's 80th Birthday Celebration on
November 12th through 14th, and provided a
handout.
C. Dr. Charles Phillips spoke regarding the Brown
Act, a blog on the internet, and submitted
written material.
d. Marco Flores spoke regarding the Brown Act
and Roberts Rules of Order.
7. APPOINTMENTS
None.
S. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 13, 2010
Regular City Council Meeting.
Bakersfield, California, November 3, 2010 - Page 3
8. CONSENT CALENDAR continued
Payments:
b. Approval of department payments from
October 2, 2010 to October 21, 2010 in the
amount of $24,744,638.62 and self-insurance
payments from October 2, 2010 to October 21,
2010 in the amount of $313,219.46.
Ordinances:
C. First Reading of Ordinance amending Chapter
15.65 of the Municipal Code relating to the Fire
Code.
d. First Reading of the following Ordinances:
1. Amending Section 2.84.570 relating
employee sick leave payment.
2. Amending Section 8.32.060 relating to
solid waste billing.
3. Amending Section 12.16.150 relating to
construction work in streets.
4. Amending Section 14.04.240 relating to
water service connections.
5. Amending Sections 16.16.050 and
16.16.060 relating to tentative maps.
6. Amending Section 16.32.060 relating to
tract map improvements.
7. Amending Section 17.71.020 relating to
outdoor lighting.
Resolutions:
e. Resolution setting the dates of Regular City
Council Meetings, Budget Hearings and
Department Presentations for January through
December 2011.
Resolution determining that Chart LNG vehicle
tanks for Bridgeport Ranger automated side
loader bodies cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding thereof not to exceed the
budgeted amount of $60,000.
ACTION TAKEN
ABS WEIR
FR
FR
FR
FR
FR
FR
FR
FR
RES 124-10
RES 125-10
Bakersfield, California, November 3, 2010 - Page 4
8. CONSENT CALENDAR continued
g. Resolutions approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 620 consisting of 50.29
acres located along the north side of
Rosedale Highway generally between
Calloway Drive and Verdugo Lane.
2. Annexation No. 627 consisting of 4.78
acres located along the east side of
Stine Road generally between McKee
Road and Taft Highway.
3. Annexation No. 632 consisting of 167.95
acres located along the south side of
Seventh Standard Road between the
Calloway Canal and Allen Road.
h. 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 authorize
collection of the assessments by the Kern
County Tax Collector.
i. Resolution adopting an amended Conflict of
Interest Code for City Departments.
Resolution to add territory, Area 4-98 (2116 P
Street & 900 22nd Street) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Works Director's Report and authorizing
collection of assessments by the Kern County
Tax Collector.
k. Resolution of Intention No. 1679 to add territory,
Area 4-97 (2505 Haley Street) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Resolution of Intention No. 1677 to amend the
Panama and Union Planned Sewer Area
boundary and preliminarily approve the cost
and fee schedule.
ACTION TAKEN
RES 126-10
RES 127-10
RES 128-10
RES 129-10
RES 130-10
RES 131-10
ROI 1679
ROI 1677
Bakersfield, California, November 3, 2010 - Page 5
8. CONSENT CALENDAR continued
M. Resolution of Intention No. 1678 to order the
vacation of Hopper Court between Union
Avenue Loop west to the Southern Pacific
Railroad tracks.
Agreements:
n. Environmental Impact Report (EIR) for the Kern
River Project:
1. Agreement with Horizon Water and
Environmental, LLC (not to exceed
$600,000) to assist Water Department
staff with processing the EIR.
2. Appropriation $300,000 from the
Domestic Water Fund balance and
$300,000 from the Agricultural Water
Fund balance within the Water
Resources Capital Improvement Budget
to fund the EIR.
o. Agreement with Advanced Earth Sciences, Inc.
($450,000) for geotechnical services supporting
construction of the Bakersfield Landfill Closure
Project.
P. License Agreement with American Youth
Soccer Organization (AYSO), Region 73, for use
of soccer fields at Sports Village (Phase 1)
located on the north side of Taft Highway, east
of Ashe Road and west of Gosford Road.
q. Amendment No. 1 to Agreement No. 09-171
with Amber Chemical, Inc. ($75,000; revised not
to exceed $150,000 and extending term one
year) to supply pool chemicals.
r. Contract Change Order No. 6 to Agreement
No. 09-121 with Klassen Corp. ($22,079; revised
not to exceed $6,843,376.57) for the Sports
Village Phase I Project.
S. Contract Change Order No. 2 to Agreement
No. 09-1 13 with Kern Pacific Construction
($99,500; revised not to exceed $3,229,728.59)
for the Mesa Marin Sports Complex Project.
ACTION TAKEN
R01 1678
AGR 10-154
AGR 10-155
AGR 10-156
AGR 09-171(1)
AGR 09-121
0006
AGR 09-113
0002
Bakersfield, California, November 3, 2010 - Page 6
8. CONSENT CALENDAR continued
Contract Change Order No. 75 to Agreement
No. 07-304 with Security Paving Construction
($64,696.38; revised not to exceed
$32,983,349.70) for the State Route 178 and
Fairfax Road Interchange Project. (TRIP)
Bids:
U. Accept bid and approve contract with J & M
Land Restoration, Inc. ($60,324.47) for Allen
Road Bridge Over Kern River Revegetation
Project.
V. Accept Base Bid and Additive Alternate and
approve contract with A-C Electric Co.
($144,001.25) for the Traffic Signal and Light
System Installation at the Intersection of Planz
Road at Agate Street Project.
W. Accept Base Bid and Selective Bid Alternate
No. 1 and approve contract to Griffith Co.
($71,554) for Street Improvements on Wible
Road and Arvin-Edison Canal North 180 Feet
Project.
X. Accept bids from En Pointe Technologies Sales,
Inc. ($4,015.72) and EDX Information Systems,
Inc. ($40,044.67) for 15 Panasonic mobile data
computers for the Police and Information
Technology Departments.
Y. Traffic signal and lighting system installation on
Hosking Avenue at South H Street:
1. Accept bid and approve contract with
Loop Electric, Inc. ($197,854.26) for
project.
2. Appropriate $55,997 Federal Congestion
Mitigation Air Quality funds to the Public
Works Department Capital Improvement
Budget within the SAFETEA-LU Fund.
3. Appropriate $25,000 Transportation
Development Fund balance to the
Public Works Department Capital
Improvement Budget.
ACTION TAKEN
AGR 07-304
00075
AGR 10-157
AGR 10-158
AGR 10-159
AGR 10-160
Bakersfield, California, November 3, 2010 - Page 7
8
CONSENT CALENDAR continued
ACTION TAKEN
9.
10.
11.
12.
Z. Accept bid from Wesco Distribution
($898,961.04) for energy efficient lighting for Q
Street landscape improvements from Truxtun
Avenue to 24th Street for the Engineering
Division.
aa. Accept bid from Resource Machinery &
Engineering, LLC ($518,301) for one
replacement compost 20 foot windrow turner
for the Solid Waste Division.
bb. Accept bids from ADM Supplies, Inc.
($10,476.69), Western Pacific Signal ($16,079.57)
and McCain, Inc. ($66,897.98) for signal
equipment.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar items 8.a. through 8.bb.
CONSENT CALENDAR PUBLIC HEARINGS
None.
CLOSED SESSION
None.
CLOSED SESSION ACTION
None.
HEARINGS
a. Public Hearing to consider First Reading of
Ordinance amending Sections 15.04, 15.05,
15.07, 15.09, 15.11, 15.13, 15.15 and adding
Sections 15.17 and 15.19 of the Building and
Construction Codes, specifically the California
Building Code, Mechanical Code, Plumbing
Code, Electrical Code, Existing Building Code,
Historical Building Code and California Green
Building Code.
Building Director Burns made staff comments.
APPROVED
AB COUCH,
HANSON
FR
Bakersfield, California, November 3, 2010 - Page 8
12.
HEARINGS continued
Item 12.a. continued
ACTION TAKEN
13.
14.
15.
Hearing opened at 5:59 p.m.
No one spoke.
Hearing closed at 6:00 p.m.
Motion by Vice-Mayor Scrivner to give first reading to
the Ordinance.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham advised she received a
complaint regarding large trucks parking in the alley
behind Spruce Street and Jacaranda, allowing no
space for emergency vehicles and inadequate room
for residents to exit, and asked staff to review for a
possible change in the parking regulations and report
back.
Councilmember Benham requested staff patrol the
area of 16th Street at the Oak Street overpass for
vagrants and trash; and submitted a letter and
photographs.
Councilmember Carson invited the public to join her
and other Councilmembers at the groundbreaking
ceremony for South Mill Creek, a new affordable
housing project, on Wednesday, November 17th, at
2:00 p.m.
Mayor Hall recognized the Solid Waste Division and
General Services for their efforts with the Make A
Difference Day event on October 23rd, involving
2,000 volunteers; and commended the Police
Department Traffic Division for increasing its policing
of uncovered loads at the Greenwaste facility.
APPROVED
AB COUCH,
HANSON
Bakersfield, California, November 3, 2010 - Page 9
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:05 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