HomeMy WebLinkAbout01/12/11_ CC_ AGENDA_ PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 12, 2011
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 Chaplain Angelo Frazier, Bakersfield Rescue Mission.
3. PLEDGE OF ALLEGIANCE by Elias Munoz, 5th grade student at Col. Nichols School.
4. WORKSHOPS
5. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates of Appreciation to Javier Bermea,
representing State Farm Insurance Bakersfield Operations Center, and Aaron
Wunderlich, representing Frito Lay, Inc., acknowledging the companies' being
honored as 2010 CalRecycle Waste Reduction Award recipients.
6. PUBLIC STATEMENTS
7. APPOINTMENTS
a. One appointment to the Board of Building Appeals due to the long-term vacancy
previously held by John Cohrs.
Staff recommends Council determinatlon,
b. Appointments to City Council Committees and other special Committees and
Boards by Vice-Mayor for 2011-2012.
To be determined by Vice-Mayor and ratified by Council.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 15, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from December 3, 2010 to December 30, 2010 in
the amount of $18,028,249.09 and self-insurance payments from December 3, 2010
to December 30, 2010 in the amount of $382,160.54.
Ordinances:
(ward 7) c. First Reading of Ordinance amending Municipal Code Section 1. 12.070 by adding
Annexation No. 613 consisting of 6.36 acres located south of McKee Road, between
Highway 99 and Ellashosh Street, and, Annexation No. 626 consisting of 33.68 acres
located along the south side of Taft Highway, west of Highway 99, east and west of
Compagnoni Street to Ward 7.
8. CONSENT CALENDAR continued
Resolutions:
d. 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 secures 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.
e. Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to the Section 34090 et seq. of the
Government Code. (Finance Department)
f. Amendment No. 2 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) g. Sewer connection and construction fees assessments for 4312 Joseph Drive:
1. Resolution confirming assessments for sewer connection and construction fees
and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Heidi Boyette to pay sewer connection and construction fees
in installments and notice of special assessment lien.
(Ward 2) h. Resolution of Intention No. 1681 to order the vacation of 27th Street between the east
right of way of Chester Avenue and the west right of way of K Street and a portion of
the north/south alley between 28th Street and 26th Street.
(Ward 2) i. Resolution of Intention No. 1682 to order the vacation of 13th Street from the east right
of way of P Street to the east right of way of the Kern Island Canal; Q Street from the
north right of way of California Avenue to the south right of way of 13th Street and the
east/west alley located in Block 387.
(ward 2) j. Resolution of Intention No. 1684 to add territory, Area 4-99 (Q Street) to the
Consolidated Maintenance District and preliminarily approving, confirming, and
adopting the Public Works Director's Report.
(Ward 2) k. Resolution of Intention No. 1685 to add territory, Area 4-100 (Mill Creek) to the
Consolidated Maintenance District and preliminarily approving, confirming, and
adopting the Public Works Director's Report.
Agreements:
(Ward 126) I. Agreement with Kern High School District (not to exceed $75,000 paid to the City) for
use of aquatic facilities for practice and swim meets.
M. Amendment No. 1 to Agreement No. CAI 0-004 with Griswold, LaSalle, Cobb, Dowd
& Gin, LLP (not to exceed $80,000) for outside legal services in the matter of City v.
Wanamaker, et al (KCSC Case No. S-1500-CV-264881 SPC) and City v Wanamaker,
et al (KCSC Case No. S-1500-CV-269940 SPC).
(Ward 6) n. Amendment No. 2 to Agreement No. 90-279 with Nextel Spectrum Acquisition
Corp.(extend term and increase rent) for radio tower lease at 8101 Ashe Road.
2 City Council Meeting of 01 /12/2011
8. CONSENT CALENDAR continued
(Ward 2) o. Amendment No. 1 to Agreement No. 09-028 with Nolte Associates, Inc.
($2,714,974.46; revised not to exceed $6,908,545.94) for construction management
services for the Westside Parkway Project. (TRIP)
(Ward 6) p. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Final Contract Change Order No. 14 to Agreement No. 07-302 with Kiewit
Pacific Corp. ($99,500; revised not to exceed $219,461,820) for project.
2. Appropriate $99,500 Sewer Enterprise Fund Balance (Wastewater Treatment
Plant No. 3) to the Public Works Capital Improvement Budget to fund project.
Bids:
(ward 1,2) q. Accept bid and approve contract with Terry Bedford Concrete Construction, Inc.
(not to exceed $1,085,629.79) for construction of HUD curb and gutter.
Miscellaneous:
Appropriate $102,403 Federal Grant funds from the USDA Forest Service and $55,403
State Grant funds from the California Emergency management Agency to the Fire
Department Operating budget within the General fund for reimbursement of
personnel costs on mutual aid assignments.
Metropolitan Medical Response System (MMRS) FY 2010 Grant:
Accept Federal grant for $317,419 FY 2010 MMRS Grant.
2. Appropriate $67,000 Federal Grant Revenue to the Fire Department
Operating Budget within the MMRS Fund.
t. Appropriate $68,560 from First Five Kern grant revenues to the Recreation and Parks
Operating Budget to provide a water safety education program (Make-A-Splash).
U. Review and accept Fiscal year 2009-2010 Annual Compliance Report for park
impact fees prepared in accordance with California Government Code §66006.
(Ward 3,6) v. Review and accept Fiscal year 2009-2010 Annual Compliance Report for bridge
crossing and major thoroughfare fees prepared in accordance with California
Government Code §66006.
W. Review and accept Fiscal year 2009-2010 Annual Compliance Report for planned
drainage area fees prepared in accordance with California Government Code
§66006.
X. Review and accept Fiscal year 2009-2010 Annual Compliance Report for planned
sewer area fees prepared in accordance with California Government Code §66006.
Y. Review and accept Fiscal year 2009-2010 Annual Compliance Report for
transportation impact fees prepared in accordance with California Government
Code §66006.
Z. Resolution opposing the Governor's efforts to eliminate California Redevelopment
Agencies or reduce Redevelopment funding which will result in extreme negative
repercussions to the Bakersfield Community.
Staff recommends adoption of Consent Calendar items 8.a. through 8.z.
City Council Meeting of 01 /12/2011
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
a. Public Hearing to consider Resolution making findings and updating the Capital
Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan.
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
City Manager
114111 4:00 pm
4 City Council Meeting of 01/12/2011
AGENDA HIGHLIGHTS
January 12, 2011 COUNCIL MEETING
i
REGULAR MEETING - 5:1512.m.
APPOINTMENTS
Item 8b. Vice-Mayor Couch will present his recommendations, at or before the meeting, for
appointments to the City Council Committees and other special committees and boards.
CONSENT CALENDAR
Ordinances
Item 8c. First Readina of Ordinance to add the annexations of two properties: 1) #613: south of
McKee Road between SR 99 and Ellashsosh Street and 2) #626: south of Taft Highway, west of
SR 99, east and west of Coml2agnoni Street. Both annexations have been approved by LAFCO
and were requested by the property owners for development purposes and to receive City
services. Annexation 613 is 6.36 acres of undeveloped land; future plans include a community
church and child care facility. Annexation 626 is 19 parcels on 33.68 acres; future plans include
a restaurant, the new CHP Station, motel, and other freeway oriented commercial uses. Both
annexations will be included into Ward 7.
Agreements
Item 8o. Amendment No 1 to Agreement with Nolte Associates Inc. for construction
management services for the Westside Parkway Project (TRIP) for $2,714,974.47, not to exceed
$6,908,545.94. Nolte is currently under contract to provide construction management services
for Phases 1 and 2 of the Westside Parkway Project. This amendment would include the addition
of Phase 4, the Truxtun Tie-in project (the City Council approved the construction agreement for
this project on December 3, 2010). Nolte was previously selected through a qualifications
based selection process and staff has been very pleased with their performance on Phases 1
and 2; their key personnel will continue to be present for the Phase 4 construction. This contract
amendment will be paid entirely with local funds.
Bids
Item 8q. Contract Award to Ted Bedford Concrete Construction for HUD curb and gutter, not
to exceed $1,085.629.79. Invitations to bid for curb, gutter, and sidewalk construction in City
areas receiving HUD funding were sent to over 400 contractors; two bids were received. Both
were based on an estimated quantity of work, multiplied by the contractor's unit price. Terry
Bedford Concrete Construction submitted the low bid of $792,450.00. Staff recommends
acceptance of their bid and award of the contract in the amount of the budgeted amount of
$1,085,629.79.
MISCELLANEOUS
Items 8q. - 8y. Review and Acceptance of Fiscal Year 2009/10 Annual Compliance Reports.
On December 15, 2010, several annual compliance reports were presented to the City Council
and made available for public review. Included were the reports for: Park Impact Fees, Bridge
Crossings and Major Thoroughfare Fees, Planned Drainage Area Fees, Planned Sewer Area
Fees, and Transportation Impact Fees. This item allows for the acceptance of these reports by
the City Council, as required by law.
Item 8z. Resolution Opposing Efforts to Eliminate California Redevelopment Agencies or
Reduce Redevelopment Funding. The media has carried a number of stories indicating that
the Governor intends to propose the elimination of redevelopment agencies as a part of next
week's budget proposal. This is a resolution of opposition to that concept. Details are
contained in the administrative report.
HEARINGS
There will be one public hearing for the annual review and update of the Capital Improvement
Plan (CIP) for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The existing
MBHCP includes the estimated costs of the program and the extent and types of land to be
acquired under the plan; it is self supporting and requires no City or County funding. The plan
also serves as the CIP and has operated successfully in meeting the program's obligations
under the terms of the agreement with the California Department of Fish and Game and the
U.S. Fish and Wildlife Service. Therefore, staff recommends approval of the resolution providing
for the annual update of the CIP, as required by State law. Kern County adopted a similar
resolution in December, 2010.
CLOSED SESSION
There will be one item to discuss the 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 - January 12, 2011 Council Meeting
Page 2
MEETING DATE: January 12, 2011 AGENDA SECTION: Presentations
ITEM: 6 ,q, .
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: December 30, 2010
APPROVED
DEPARTMENT HEAW
CITY ATTORNEY
CITY MANAGER 45
SUBJECT: Presentation by Mayor Hall of a Certificates of Appreciation to Javier Bermea, representing
the State Farm Insurance Bakersfield Operations Center, and Aaron Wunderlich,
representing Frito Lay, Inc., acknowledging the companies' being honored as 2010
CalRecycle Waste Reduction Award recipients.
RECOMMENDATION:
BACKGROUND:
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~ ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: January 12, 2011 AGENDA SECTION: Appointments
ITEM: I. A.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 27, 2010
One appointment to the Board of Building Appeals due to the long-term vacancy
previously held by John Cohrs.
APPROVED
DEPARTMENT HEAD T
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Board of Building Appeals due to the long-term vacancy
previously held by John Cohrs.
One application has been received from Ray Chopra.
The Board of Building Appeals is an advisory body to the City Council. It is composed of seven (7)
members, nominated and appointed by the full Council. Members must be residents of the City
throughout their terms, and shall be qualified by training and experience in building construction
or the building trades.
The responsibilities of the Board include the resolution of questions relating to the suitability of
alternate materials and methods of construction; determine reasonable interpretations of the
provisions of the building and construction code and the adoption of reasonable rules and
regulations consistent with the purposes of such code for conducting hearings and investigations.
The Board of Building Appeals renders written findings of investigations and decisions to the
Building Director and makes recommendations to the City Council consistent with its purpose
and function. Meetings are held at 1715 Chester Avenue, Development Services Building. No
meeting dates specified.
RG:al
December 27, 2010, 1:28PM
V:\Bds&Comm\BBA\2011\ADMIN Jan 2011.docx
MEETING DATE: January 12, 2011 AGENDA SECTION: Appointments
ITEM: 7b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 29, 2010
Appointments to City Council Committees and other special Committees and Boards by
Vice-Mayor for 2011 - 2012.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Ills'
CITY MANAGER ~J
RECOMMENDATION:
To be determined by Vice-Mayor and ratified by Council.
BACKGROUND:
In accordance with Section 2.02.020 of the Municipal Code, the creation of and appointments to Council
Committees are made by the newly elected Vice-Mayor, with ratification by the Council.
At the December 15, 2010 Council meeting, Councilmember Couch was elected Vice-Mayor. Accordingly,
recommendations for appointments will be made for the following standing Council Committees and other
committee and board appointments:
Standing Committees:
Budget and Finance
Community Services
Legislative and Litigation
Personnel
Other Vice-Mayor Appointments:
Kern Council of Governments
Solid Waste Management Advisory
Committee
Planning Commission Liaison
Planning and Development
Safe Neighborhoods and Community Relations
Water Resources
Kern Economic Development Corporation
Kem County Museum Authority
San Joaquin Valley Air Pollution Control District
Local Agency Formation Commission
P1
S:\CoundP^dmins\2011\V-M Appolntmants.dot
12/29/2010 3:00 PM
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ADMINISTRATIVE REPORT
.,,.i
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: , u,,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: December 30, 2010 CITY ATTORNEY
CITY MANAGER )eS
SUBJECT: Approval of Minutes of the December 15, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
nw
MEETING DATE: January12, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 30, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Approval of department payments from December 3, 2010 to December 30, 2010
in the amount of $18,028,249.09 and Self Insurance payments from December 3,
2010 to December 30, 2010 in the amount of $382,160.54.
RECOMMENDATION:
Staff recommends approval of payments totaling $18,410,409.63.
BACKGROUND:
KLG
December 30, 2010, 10:47AM
SAKim GWDMIN\COUNCIL-ADMIN-AP-2011\ADMIN-AP 011211.doc
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8. C.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: December 23, 2010 CITY ATTORNEY D r
CITY MANAGER ~W
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section
1. 12.070 by adding Annexation No. 613 consisting of 6.36 acres, located south of
McKee Road, between State Highway 99 and Ellashosh Street; and Annexation
No. 626 consisting of 33.68 acres, located along the south side of Taft Highway,
west of State Highway 99, east and west of Compagnoni Street to Ward 7.
(Ward 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 613 and 626 into their
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 613 is located along south of McKee Road, between State Highway 99 and
Ellashosh Street. The annexation territory consists of 6.36 acres of undeveloped land. The
property owner requested annexation for development purposes and to receive city services.
Future plans for the project site includes a community church and child care facility. This area
will be included into Ward 7.
Annexation No. 626 is located along the south side of Taft Highway, west of State Highway 99,
east and west of Compagnoni Street. The annexation territory consists of nineteen parcels on
33.68 acres. The property owners requested annexation for development purposes and to
receive city services. Future plans for the project site includes a restaurant, the new California
Highway Patrol (CHP) Station, motel, and other freeway oriented commercial uses. This area
will be included into Ward 7.
JE:dl
S:\Annexation\0rdinances\2010\Admin Draft 1-12 613 & 626.dOC
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ADMINISTRATIVE REPORT
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MEETING DATE: January 12, 2011 AGENDA SECTION: Consent
ITEM: $ d,
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: December 10, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on December 13, 2010, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. 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 Salas
1.
3409 Anderson Street
172-091-08
$
709.00
2.
3422 Anderson Street
172-102-37
$
680.00
3.
3501 Anderson Street
172-091-12
$
720.00
4.
3616 Anderson Street
172-102-26
$
714.00
5.
901 Bradshaw Street
170-090-14
$
1,800.00
6.
6405 Brahma Street
413-204-11
$
300.00
7.
217 S. Brown Street
019-192-12
$
105.00
8.
North of 400 Brundage Lane
010-032-21
$
694.00
December 10, 2010, 11:06AM/kd
SADana\ADMINS\2011VANU-12-Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Counciimember Salas
9.
East of 801 E. Brundage Lane
168-172-26
$
695.00
10.
317 California Avenue
009-511-05
$
105.00
11.
140 Candy Street
020-265-22
$
105.00
12.
6602 Cerralvo Street
516-131-01
$
600.00
13.
South of 730 Chester Avenue
009-261-09
$
105.00
14.
207 Clifton Street
018-410-15
$
300.00
15.
231 Clyde Street
018-380-19
$
105.00
16.
801 Collins Way
019-041-07
$
300.00
17.
South of 110 Dr M L King Jr. Blvd
018-400-12
$
685.00
18.
3320 Elda Avenue
172-122-27
$
300.00
19.
111 Hayes Street
018-340-15
$
690.00
20.
600 Leland Avenue
022-294-18
$
725.00
21.
303 Linnell Way
413-231-01
$
600.00
22.
213 Madison Street
168-183-22
$
105.00
23.
228 Northrup Street
018-280-26
$
300.00
24.
309 Ohio Drive
169-070-05
$
105.00
25.
16 S. Owens Street
018-250-10
$
105.00
26.
7 Suzanne Street
020-303-10
$
105.00
27.
1101 6th Street
009-440-16
$
300.00
28.
1405 E. 9th Street
018-062-08
$
1,199.00
29.
1422 E. 9th Street
018-061-18
$
875.00
30.
1509 E. 10th Street
018-061-12
$
769.00
Ward 2/Counciimember Benham
31.
2821 California Avenue
007-031-10
$
1,199.00
32.
1104 Gage Street
015-350-11
$
300.00
33.
North of 3811 K Street
120-060-09
$
300.00
34.
1818 Maple Avenue
007-194-13
$
300.00
35.
1919 Maple Avenue
007-195-01
$
300.00
36.
2022 Maple Avenue
007-194-02
$
300.00
37.
316 Monterey Street
014-060-16
$
1,125.00
38.
443 Myrtle Street
007-272-24
$
705.00
39.
1221 Niles Street
015-240-06
$
300.00
40.
1725 Olive Street
004-231-03
$
300.00
41.
1830 Orange Street
007-170-10
$
105.00
42.
1836 Orange Street
007-170-11
$
105.00
43.
730 Oregon Street
013-270-23
$
300.00
44.
526 Pacific Street
013-210-10
$
679.00
45.
927 Pacific Street
015-070-07
$
600.00
December 10, 2010, 11:06AM/kd
SADana\ADM1NS\2011JANU-12-Property Abatementdoc
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 2/Counciimember Benham
APN COST
46.
2516 Park Way
007-091-19
$
655.00
47.
719 Sumner Street
016-070-06
$
695.00
48.
2830 Union Avenue
012-081-04
$
725.00
49.
South of 2830 Union Avenue
012-081-05
$
300.00
50.
2900 Union Avenue
012-071-03
$
665.00
51.
1810 1 It Street
008-342-17
$
919.00
52.
1904 3rd Street
008-311-11
$
300.00
53.
2301 24th Street
003-090-03
$
600.00
54.
519 30th Street
002-092-03
$
300.00
Ward 3/Counciimember Weir
55.
1319 Columbus Street
126-032-10
$
729.00
56.
2909 Cornell Street
021-352-16
$
668.00
57.
6012 Dorset Drive
146-533-13
$
105.00
58.
6308 Stonegate Drive
439-121-30
$
750.00
59.
North of 2551 Morning Drive
533-011-11
$
300.00
Ward 4/Counciimember Couch
60.
6504 Arciero Street
525-481-15
$
105.00
61.
7219 Boulder Falls Court
525-593-14
$
105.00
62.
9125 Chattaroy Street
451-384-02
$
737.00
63.
12701 Cheswolde Drive
500-718-06
$
300.00
64.
131 11 Cheyenne Mountain Drive
529-142-06
$
703.00
65.
18 Claudia Autumn Drive
408-391-03
$
700.00
66.
11718 Cotner Avenue
465-341-35
$
105.00
67.
12211 Flat Iron Court
527-173-01
$
780.00
68.
13210 Giro Avenue
495-411-17
$
929.00
69.
12200 Great Country Drive
528-281-07
$
105.00
70.
13008 Jackson Lake Drive
529-182-04
$
673.00
71.
12217 Jacksonville Avenue
527-392-18
$
300.00
72.
12421 Jacksonville Avenue
527-422-21
$
300.00
73.
6501 Nichelini Court
525-481-29
$
105.00
74.
8906 Penticton Court
451-371-19
$
105.00
75.
11718 Presidential Road
527-293-07
$
105.00
76.
12518 Reina Road
528-433-13
$
300.00
77.
11710 Revolution Road
527-332-22
$
775.00
78.
10506 Ritz Drive
525-461-42
$
300.00
79.
14312 San Jose Avenue
522-181-04
$
300.00
December 10, 2010, 11:06AM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 4/Counciimember Couch
APN COST
80.
10116 Seneca Falls Avenue
525-241-05
$
750.00
81.
11708 Starlight Drive
465-414-06
$
105.00
82.
11101 Trentadue Drive
525-346-01
$
600.00
83.
4502 Triple Crown Drive
527-061-03
$
105.00
84.
11426 Valley Forge Way
527-322-16
$
700.00
85.
11606 Valley Forge Way
527-331-05
$
105.00
86.
14209 Via Contento
409-281-11
$
999.00
87.
11108 Waler Court
526-051-12
$
685.00
88.
12605 Windy Ridge Drive
528-512-02
$
746.00
89.
12709 Woodson Bridge Drive
522-572-02
$
744.00
Ward 5/Counciimember Hanson
90.
3918 Amur Maple Drive
513-243-04
$
740.00
91.
3005 Bralorne Court
381-112-06
$
105.00
92.
7305 Cibola Drive
385-292-02
$
300.00
93.
10817 Coronado Pointe Drive
541-032-20
$
105.00
94.
3605 El Hogar Court
394-052-48
$
300.00
95.
7404 Hachita Court
385-332-29
$
760.00
96.
9313 Laurel Oak Way
513-031-04
$
300.00
97.
9711 Marby Grange Way
500-123-03
$
300.00
98.
10709 Mirage Drive
394-244-04
$
675.00
99.
10707 San Acacio Street
497-192-06
$
700.00
100.
5404 Silver Crossing Street
498-063-04
$
105.00
101.
11200 Soltierra Place
394-094-05
$
799.00
102.
5205 Vista Del Mar Drive
497-402-15
$
105.00
103.
3820 Willcox Way
385-332-15
$
105.00
Ward 6/Couciimember Sullivan
104.
4619 Blomquist Drive
149-313-03
$
300.00
105.
5900 Church Dome Court
498-214-12
$
105.00
106.
5813 Greenhorn Mountain Court
498-282-08
$
300.00
107.
6609 Hazelnut Court
498-142-17
$
830.00
108.
6200 Panama Lane
499-573-01
$
830.00
109.
4508 Planz Road
441-160-09
$
105.00
110.
2409 Westholme Boulevard
355-280-13
$
300.00
111.
3401 Wrenwood Street
403-133-05
$
600.00
December 10, 2010, 11:06AMIkd
SADana\ADMINS\2011UANU-12-Property Abatementdoe
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 7/Councilmember Johnson
112.
1501 Calcuta Drive #31
171-210-31
$
974.00
113.
1216 Clipper Hills Drive
516-251-23
$
600.00
114.
2204 Cobern Street
514-751-06
$
105.00
115.
2408 Cobern Street
514-751-19
$
105.00
116.
2413 Cobern Street
514-752-02
$
105.00
117.
2417 Cobern Street
514-752-01
$
105.00
118.
9000 Jacob Street
514-753-07
$
105.00
119.
9004 Jacob Street
514-753-06
$
105.00
120.
9008 Jacob Street
514-753-05
$
105.00
121.
9012 Jacob Street
514-753-04
$
105.00
122.
9016 Jacob Street
514-753-03
$
105.00
123.
9102 Jacob Street
514-753-02
$
105.00
124.
9106 Jacob Street
514-753-01
$
105.00
125.
5404 Julie Street
371-201-09
$
600.00
126.
9003 Kellyann Street
514-753-08
$
105.00
127.
1408 Kirkwood Avenue
516-123-01
$
105.00
128.
2410 Lebow Court
514-752-18
$
105.00
129.
2411 Lebow Court
514-752-24
$
105.00
130.
6910 Mill Glen Forest
515-350-26
$
775.00
131.
2626 Ming Avenue
148-230-17
$
105.00
132.
3048 Panama Lane
372-253-24
$
685.00
133.
2213 Salvatore Avenue
514-683-02
$
105.00
134.
4608 Santa Cruz Street
171-162-12
$
665.00
135.
3103 Sierra Meadows Drive
514-271-10
$
740.00
136.
4111 Trailrock Avenue
514-412-07
$
105.00
137.
4100 Waterfall Canyon Drive
515-501-18
$
740.00
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.
December 10, 2010, 11:06AM/kd
SADana\ADM1NS\2011UAN\142-Property Abatementdoc
ADMINISTRATIVE REPORT
MEETING DATE January 12, 2011 AGENDA SECTION Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE December 10, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records,
documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the
government code of the State of California- Finance Department.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports
that are more than five (5) years old and have been approved for destruction by the City Attorney's office. The
records to be destroyed are listed on Exhibit A of the Resolution.
SAdminUtecords Destruction\Admin Report.doc
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 30, 2010
APPROVED
DEPARTMENT HEAD Oigu
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 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 City Council on August 11, 2010; an amendment
to Resolution No. 088-10 was later approved by City Council on November 17, 2010. The
Resolution and amendment, Resolution No. 088-10(1), authorized the Public Works Department to
destroy obsolete records and reports, etc. in accordance with Exhibit "A" attached to the
Resolution. Government Code Section 34090 permits destruction of certain public records upon
the approval of the City Attorney and a Resolution adopted by City Council.
Staff proposes to repeal in its entirety the provisions of Resolution Nos. 088-10 and 088-10(1)
pertaining to the Public Works Department Subdivisions column of the retention schedule and
replace those provisions with the attached Exhibit "A." The amendment is necessary to provide
the Public Works Department, Subdivisions section, with a more detailed description of retained
documents and their respective retention periods.
BW:Isc
S:\C0UNCIL\Admins\10-11 Admins\Retention_PW_Subdivisions.doc
December 30, 2010, 10:38AM
MEETING DATE: January 12, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 28, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Sewer connection and construction fees assessments (Ward 1):
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Held! Boyette, 4312 Joseph Drive, to pay sewer connection
and construction fees in installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owners of the property at 4312 Joseph Drive desire to connect the
property to the City sewer system. The property owner claims that to pay the sewer
connection and construction fees in one payment would produce an economic hardship. To
assist in paying the connection and construction fees, the City has contracted with the
property owner to spread the connection and construction fees over a five (5) year period to
be collected with their property taxes in accordance with Municipal Code Section 14.12.030,
14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County
Tax Collector to collect the connection and construction fees in five equal payments over the
next five years.
S:\PROJECTS\,SewerConFeeWdmin\4312 Joseph Drive ADMIN.doc
December 28, 2010, 4:21 PM
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 27, 2010
APPROVED
DEPARTMENT HEAD 1B311'
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1681 to order the vacation of 27th Street between the
east right of way of Chester Avenue and the west right of way of "K" Street, and a
portion of the north south alley between 28th Street and 26th Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate 27th Street between
the east right of way of Chester Avenue and the west right of way of "K" Street, and a portion
of the north south alley between 28th Street and 26th Street. This vacation has been requested
by San Joaquin Community Hospital in preparation for a redevelopment project on the
adjacent property to the vacated area.
Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot
radius of the proposed vacated area. Public Works has received four letters in opposition from
these owners as of the date of this report. The letters of opposition are attached. The
applicant has contacted and met with these property owners and addressed their concerns.
The City has received three letters from these property owners withdrawing their opposition.
These letters are also attached. The property owner of 1300 27th Street, ;2713 and 2715 "L"
Street still is not in favor.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are existing City infrastructure in this area.
The City will reserve a Public Utility Easement (PUE) over the vacated area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
On November 17, 2010 the Planning Department found the proposed vacation of 27th Street
between the east right of way of Chester Avenue and the west right of way of "K" Street, and
a portion of the north south alley between 28th Street and 26th Street to be consistent with the
Metropolitan Bakersfield General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
/mm
December 29, 2010; 8:51 AM
G:\GR0UPDAT\ADMINRPT\2011\01-12\27th Street and Alley Vacation.doc
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: $ . i,
TO: Honorable Mayor and City Council
APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 19SV,
DATE: December 29, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1682 to order the vacation of 131h Street from the east
right of way of "P" Street to the east right of way of the Kern Island Canal; "Q"
Street from the north right of way of California Avenue to the south right of way
of 13th Street; and the east/west alley located in Block 387. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate 13th Street from the
east right of way of "P" Street to the east right of way of the Kern Island Canal; "Q" Street from
the north right of way of California Avenue to the south right of way of 131h Street; and the
east/west alley located in Block 387. This vacation has been requested by the City of
Bakersfield EDCD Department in preparation for future redevelopment projects in the area.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are City sewer facilities in this area. PG&E
also has gas facilities in this area. The City will reserve a Public Utility Easement (PUE) over the
vacated area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius
of the proposed vacated area. Public Works has received no objections from these owners as
of the date of this report.
On December 23, 2010, the Planning Department found the proposed vacation of 13th Street
from the east right of way of "P" Street to the east right of way of the Kern Island Canal; "Q"
Street from the north right of way of California Avenue to the south right of way of 13th Street;
and the east/west alley located in Block 387, to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
January 3, 2011: 10:33 AM
G:\GROUPDATA\ADMINRPT\2011\01-12\13T" ST, Q ST, AND ALLEY VACATION
A
u
ADMINISTRATIVE REPORT
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
This Resolution sets the Public Hearing date for the regular Council meeting of February 16,
2011, on the proposed vacation.
/mm
January 3, 2011; 10:33 AM
G:\GROUPDATA\ADMINRPT\2011\01-12\13T" ST, Q ST, AND ALLEY VACATION
BA
~
U ADMINISTRATIVE REPORT
LIFO
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: S .v
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~A
DATE: December 28, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No, 1684 to add territory, Area 4-99 ("Q" Street
Maintenance District), to the Consolidated Maintenance District and preliminarily
approving, confirming, and adopting the Public Works Director's Report. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: The City of Bakersfield has received funds from State of California Proposition 1 C
Bonds to make improvements on "Q" Street between Truxtun Avenue and 24th Street. These
improvements will include landscaped median islands, new decorative lights and trees in the
sidewalk, new sidewalks, alley cross gutters and handicapped ramps at all corners, Enhanced
intersections at Truxtun, 18th, 19th and 21 It streets will include new decorative traffic signals and
decorative intersections. In addition there will be some improvements on the cross streets, which
will blend the new "Q" Street design into the existing streets.
While the state funds will pay for the installation of these improvements, a maintenance district
needs to be established to pay for the ongoing maintenance of the "Q" Street improvements.
This is similar to how other streetscape improvements in Bakersfield are maintained.
Staff is recommending the new territory be added to the Consolidated Maintenance District at
the March 9, 2011 City Council meeting.
In late December 2010, letters were mailed to all affected property owners inviting them to an
open house to learn more about the proposed maintenance district. The open house was held
on January 10, 2011.
The proposed "Q" Street Maintenance District is separate from a proposed maintenance district
along Mill Creek. The Mill Creek district is a separate item to be addressed elsewhere on this
agenda.
dl
GAGR0UPDAT\ADMINRPT\2011 \01-12\R0I 1684 CMD 4-99 admin.docx
A
of `y,CO OR,t s
ADMINISTRATIVE REPORT
c RYIL♦
gL10
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: Lj, K,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 28, 2010
APPROVED
DEPARTMENT HEAD 9$ U
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1685 to add territory, Area 4-100 (Mill Creek
Maintenance District), to the Consolidated Maintenance District and preliminarily
approving, confirming, and adopting the Public Works Director's Report. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: In 2010 the 1,5 mile long Mill Creek Linear Park was completed. It is the result of
several different funding sources. Bakersfield was fortunate to have secured $10 million from the
California Infrastructure Bank and $10.8 million from Proposition 1 C for some additional nearby
improvements. Because Mill Creek is located in two redevelopment areas (Old Town Kern-
Pioneer and Southeast Bakersfield), some additional redevelopment funds were used. In these
tight economic times, it is a pleasure to report that no general fund monies were used.
Maintenance of these improvements is proposed to be through a maintenance district.
Staff is recommending the new territory be added to the Consolidated Maintenance District at
the March 9, 2011 City Council meeting,
In late December 2010, letters were mailed to all affected property owners inviting them to an
open house to learn more about the proposed maintenance district. The open house was held
on January 10, 2011,
The proposed Mill Creek Maintenance District is separate from a proposed maintenance district
along "Q" Street. The "Q" Street district is a separate item to be addressed elsewhere on this
agenda,
di
G;\GR0UPDAT\ADMINRPT\2011 \01-1 2\R01 1685 CMD 4-100 admin.docx
BAK
ADMINISTRATIVE REPORT
10
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: , ( ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
December 27, 2010
APPROVED
DEPARTMENT HEAD DL,
CITY ATTORNEY
CITY MANAGER
Agreement with Kern High School District (KHSD)(not to exceed $75,000 paid to the
City)for use of aquatic facilities for practice and swim meets. (Wards 1, 2 and 6)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield for
use of aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool, Jefferson Park Pool, and
Dr. Martin Luther King, Jr. Pool for practice and swim meets for payment to the City in an amount
not the exceed $75,000. Each year, the City has entered into an agreement, whereby KHSD
utilizes these facilities from February 1, 2011 through May 31, 2011 at mutually agreed upon times.
ds
January 3, 2011, 12:21 PM
S:\ADMINISTRATION DIVISION\Admin Rpts\2011 Admins\KHSD use of Aquatic Facilities Admin.docx
MEETING DATE: January 12, 2010 AGENDA SECTION: Consent Calendar
ITEM: m.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: December 3Q 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement CA10-004 with outside counsel, Griswold, LaSalle,
Cobb, Dowd & Gin, LLP for legal services in the matter of City of Bakersfield v.
Wanamaker, et al., Kern County Superior Court Case No. S-1500-CV-264881 SPC
and City of Bakersfield v. Wanamaker, et a/., Kern County Superior Court Case No.
S-1500-CV-269940 SPC, in an amount not to exceed $80,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On June 15, 2010, the City entered Into Agreement No, CA10-004 for legal services with
Griswold, LaSalle, Cobb, Dowd & Gin, LLP, in an amount not to exceed $40,000. The firm
specializes In eminent domain matters and was retained as outside counsel for the City.
Expenses In this matter are paid by the Public Works Department under Project #T31<066 for the
Westside Parkway Project.
There are two cases under this agreement. Regarding the first case, a settlement has
been reached In case number S-1500-CV-264881 SPC and we are awaiting the dismissal.
Regarding the second case, there is a trial date scheduled in April 2011 for case number S-1500-
CV-269940 SPC. At this time, the City Attorney's office requests that a new contract be executed
for additional compensation so that outside counsel may continue representation,
This Amendment No. 1 to Agreement No. CA10-004 would add $40,000 to the Not to
Exceed Limitation on compensation and result in a total Not to Exceed amount of $80000.
VG:oc
Doctonentl
December 30, 2010, 10:55AM
MEETING DATE: January 15, 2011 AGENDA SECTION: Consent Calendar
ITEM: $ , n
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 29, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Amendment No. 2 to Agreement No. 90-279 with Nextel Spectrum Acquisition
Corporation for radio tower lease at 8101 Ashe Rd to extend the term and increase
the rent. (Ward 6)
RECOMMENDATION: Staff recommends approval of Amendment
BACKGROUND:
On November 28, 1990, the City of Bakersfield entered into Agreement No. 90-279 with Valley
Wireless Cable, Inc. to lease space within Wastewater Treatment Plant No. 3 to construct a 350
foot tower to broadcast television signals. On May 14, 2004, Nextel Spectrum Acquisition
Corporation, a Delaware corporation, became a successor-in-interest to Valley Wireless Cable,
Inc. On August 28, 2010 the lease was amended to show Nextel Spectrum Acquisition
Corporation as the new lessee and to approve Verizon Wireless as a sublessee.
The City of Bakersfield desires to amend the agreement a second time to extend the lease an
additional 20 years. The term is for 5 years with an automatic renewal of three more 5 year terms.
The base rent will be increased from $631.75 a month to $2,000 a month with a 4% annual
increase. The City will also receive 50% of rent for any sublease under Nextel.
This communications site is used to serve the Bakersfield Police Department's Mobile Data system
and is a valuable site to the City. It has been determined that it would be advantageous to
extend the term of the lease with Nextel and increase the base rent.
ENB/s
Nextel_amend_ad min.doc
December 29, 2010
A
R,
ADMINISTRATIVE REPORT
IF
MEETING DATE: January, 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: , a,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA
DATE: December 30, 2010 CITY ATTORNEY
V, N
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 09-028 with Nolte Associates, Inc., ($2, 714,974.46; for
a revised not to exceed total of $6,908,545.94) for Construction Management Services
for the Westside Parkway Project. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: This Amendment would be for construction management services for the Phase 4 -
Truxtun Tie-in portion of the Westside Parkway project. On December 3rd 2010 the City awarded
Construction Agreement No. 10-168 to Security Paving Company Inc., for the Construction of the
Westside Parkway Phase 4 - Truxtun Tie-in Project. The Westside Parkway Phase 4 Project consists of
constructing 4 lanes of freeway between Truxtun Avenue (just west of the Burlington Northern
and Santa Fe Railroad undercrossing) and the Mohawk St. Interchange currently under
construction. The project includes the construction of two bridge structures over the Kern River
(one for eastbound traffic and one for westbound traffic) and one bridge structure over Truxtun
Avenue- (for eastbound traffic). Also included in the project is the widening of Truxtun Avenue to
3 lanes in the eastbound direction from the Westside Parkway connection east through the
Empire Drive intersection. Finally, the construction of a box culvert for the Cross Valley Canal
(operated by the Kern County Water Agency) is also a part of the project.
Nolte was selected for construction management services for the Westside Parkway previously
through a qualifications based selection process. The key personnel Nolte originally proposed for
the Westside Parkway project would continue to be present for the Phase 4 construction. Phase
4 is also directly adjacent to Phases 1 and 2, and its construction completion is scheduled to
coincide with that of the Phase 2 construction currently being managed by Nolte. This contract
amendment will be paid for entirely with local funds, so the various state or federal contract
requirements do not apply to this amendment. Finally, staff has been very pleased with Nolte's
performance on the Phase 1 and 2 projects and so for these reasons, staff recommends
approval of this amendment.
Nolte's proposal cost for Phase 4 is about 12% of the Phase 4 construction bid price. Their cost for
the Phase 1 and 2 contracts is about 10% of the construction bid amounts. But while Phases 1
and 2 have many concrete bridge structures as part of those projects, these Phases also have
significant amounts of block walls, earthwork and on-grade road construction as part of the
project's cumulative construction work; and this type construction work is much less labor
intensive for construction management services than are concrete bridge structures. For the
Rev.: December 30, 2010, 10:22AM
Tdw:G:\GR0UPDAT\ADMINRPT\2011\01-12\Admin -Nolte Amendment # 1-.docx
ADMINISTRATIVE REPORT
comparatively short Phase 4 project, there are two long bridges over the Kern River each 700 to
800 feet long, there is a large 450 feet long concrete box culvert for the Cross Valley Canal, and
there is a bridge over Truxtun Avenue. These concrete structures combined total almost two
thirds of the entire bid cost for Phase 4 and is thus why staff concurs with the higher percentage
cost from Nolte for the Phase 4 construction management services compared to their Phases 1
and 2 costs.
Adequate local funds have been previously budgeted for this work.
tdw
Rev.: December 30, 2010, 10:22AM
Tdw:G:\GROUPDAT\ADMINRPT\2011\01-12\Admin -Nolte Amendment # 1-.docx
ADMINISTRATIVE REPORT
LIF'
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 27, 2010
APPROVED
DEPARTMENT HEAD u
CITY ATTORNEY p
CITY MANAGER
Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
1. Final Contract Change Order No. 14 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($99,500; for a revised not to exceed amount of $219,461,820) for 2007
Expansion Project.
2. Appropriate $99,500 Sewer Enterprise Fund Balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's Capital Improvement Budget to fund Final
Contract Change Order No. 14.
RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation.
BACKGROUND: This project provided for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The expansion doubled the treatment capacity, improved odor
control technology, and improved the quality of the treated effluent, thus enabling Wastewater Plant 3 to
comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
The detailed descriptions of each change order item are summarized on the attached Change Order.
Change Order No. 14, which will be the Final Change Order for this project, provides for the negotiated
resolution of these items. This Change Order includes piping changes, changes to digester gas pressure
monitoring system, field changes to the cogeneration system, and other final changes to the Plant as
directed by Jacobs Engineering, the Construction Manager, and City staff. These items were not part of
the contractor's original bid.
This Change Order increases the contract by $99,500. Cumulative change orders to date total
$8,440,820 (which is a 4.0% increase of the original contract amount) as illustrated below:
Original Contract Amount = $211,021,000.00
Amended Contract Agreement after Change Orders = $219,461,820.00
Final Net increase to Contract = $8,440,820.00
Field changes to the project have been completed as of November 24, 2010. Cumulative change
orders for this project are less than industry standards for projects of similar complexity and magnitude.
An appropriation of fund balance is needed to fund this Final Contract Change Order.
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: $ .
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 15, 2010 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept bid and approve contract to Terry Bedford Concrete Construction,
incorporated (not to exceed $1,085,629.79) for the construction of HUD curb and
gutter. (Ward 1, 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to Bid were sent to over four hundred (400) contractors for the
contract for construction of curbs, gutters and sidewalks in the areas of the city receiving HUD
funding. Two bids were received in response to solicitation and are as follows.
The bids submitted are based on an estimated quantity of work multiplied by the contractor's
unit price. The actual budget available for the work is. $1,085,629.79. The contract award is for
a one year period.
BIDDER
AMOUNT
Terry Bedford Concrete Construction, Inc. $792,450
Bakersfield, CA
Jim Alfter Cement Contractor $977,460
Bakersfield, CA
Staff finds the low bid submitted by Terry Bedford Concrete Construction, Inc., Bakersfield, to
be acceptable and recommends approval of contract for the budgeted amount of
$1,085,629.79.
Purchasing Division
SIPURCHWDMINWdmin 10-11%Contract for HUD-Funded Curb and Gutter, 10-11-34, January 12, 2011.docn
December 15, 2010, 8:43AM
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
[ITEM: S. r-,
TO: Honorable Mayor and City Council
FROM: Douglas R. Greener, Fire Chief
DATE: December 10, 2010
APPROVED
DEPARTMENT HEA,J:rZ~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $102,403 Federal Grant funds from the USDA Forest Service and
$55,403 State Grant funds from the California Emergency Management Agency to
the Fire Department Operating budget within the General Fund for reimbursement
of personnel costs on mutual aid assignments.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Bakersfield Fire Department was involved in numerous Strike Teams (mutual aid assignments)
during the 2010 fire season. The total amount reimbursed from the State of California, the
Federal Forest Service, and the Bureau of Land Management was $157,806. The fires took place
in July, August, and September.
When the firefighters are working out of town for these mutual aid assignments, the City is
reimbursed at the overtime rate for the entire deployment. The Fire Department's operating
budget already incurred these costs by paying the overtime; therefore, the reimbursement is
needed to appropriate these funds back into the Fire Department's budget.
S:\Susan Chichester\Admin Report Word\strike team 2010.dot
BAK
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ADMINISTRATIVE REPORT
~o
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Douglas R. Greener, Fire Chief
December 17, 2010
Metropolitan Medical Response System (MMRS) FY 2010 Grant:
1. Accept Federal grant for $317,419 FY2010 MMRS Grant
2. Appropriate $67,000 Federal Grant Revenue to the Fire Department Operating
Budget within the MMRS Fund
APPROVED
DEPARTMENT HEAD'. `r
CITY ATTORNEY
CITY MANAGER &
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The FY 2010 Federal MMRS Grant for the City of Bakersfield is administered by the Governor's
Office of Homeland Security (OHS) with the funding passing through the County of Kern's
Operational Area. The performance period is from October 12, 2010 through April 30, 2013.
These grant awards provide major funding to further enhance and maintain preparedness for
local response to high-casualty events.
There are three parts to this grant award: equipment, planning, and training. The equipment to
be purchased will be thermal imaging cameras which are used for search/rescue and locating
hidden fire. The planning section contains $160,000 for the Bakersfield Fire Department's
Administrative Battalion Chief and $37,000 for program development. The training section
contains $30,000 for paramedic, hazmat, rescue, and disaster assistance training and continuing
education.
The appropriations needed are $37,000 for program development and $30,000 for
training/continuing education. The thermal imaging cameras will be purchased by the County
and placed into service by the City. The Battalion Chief position is incorporated into the Fire
Department's General Fund Operating Budget during the budget process.
December 17, 2010, 2:13PM
SASusan ChichesterWdmin Report Word\MMRS 2010.doc
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ADMINISTRATIVE REPORT
10
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
December 27, 2010
APPROVED
DEPARTMENT HEAD DL-k
CITY ATTORNEY
CITY MANAGER
Appropriate $68,560 from First Five Kern grant revenues to the Recreation and Parks
Operating Budget to provide a water safety education program (Make-A-Splash).
RECOMMENDATION:
Staff recommends appropriation.
BACKGROUND:
On July 1, 2010, the Recreation and Parks Department was awarded a $175,000 grant from First 5
Kern to provide a lifesaving and water safety educational program (Make-A-Splash) for parents
and their children, prenatal to age 5. The program's focus is to reduce the rate of childhood
drowning in Bakersfield.
Funding for Make-A-Splash will be distributed throughout a three-year period, Fiscal Year's
2010/11 through 2012/13. Staff recommends appropriating $68,560 to fund the first of the three-
year period.
iln
December 28, 2010, 3:02PM
S:\ADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\Make A Splash Appropriation.docx
BAK
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ADMINISTRATIVE REPORT
~L
/FO
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8. Lt,
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD D(,l
DATE: December 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2009-2010 Annual Compliance Report
for Park Impact Fees prepared in accordance with California Government Code
§66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Park Impact Fees for the
fiscal year ended June 30, 2010 prepared in accordance with California Government Code
§66006.
On November 7, 1990, Council adopted a park development and improvement fee program for
the purposes of developing and improving parks and recreational facilities serving the residential
development within the City of Bakersfield. Fees are collected based on the development's
share of cost to develop, improve, construct or enhance a public park.
On April 19, 1995, Council established an orderly process for the dedication, reservation and
acquisition of park land within the city for the purpose of supplying public parks and recreation
facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof,
at the option of the Advisory Agency, for park or recreational purposes.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
The Annual Compliance Report was made available to the public on December 15, 2010.
iln
C:\DOCUME- 1 \sforsyth\LOCALS- 1 \Temp\XPgrpwise\AB 1600-acceptance.doc
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ADMINISTRATIVE REPORT
1o
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: , Q.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 28, 2010 CITY ATTORNEY D
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2009-2010 Annual Compliance Report
for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with
California Government Code §66006. (Wards 3 & 6)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Bridge Crossing and Major
Thoroughfare Fees for the fiscal year ended June 30, 2010 prepared in accordance with
California Government Code §66006.
A local ordinance may require the payment of a fee as a condition of approval of a final map or
as a condition of issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or constructing major
thoroughfares (GC §66484).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 15, 2010.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2011\01-12\MBTA Compliance Report admin.docx
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: & .N/
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 28, 2010
SUBJECT: Review and acceptance of the Fiscal
for Planned Drainage Area Fees
Government Code §66006. (All wards)
APPROVED
DEPARTMENT HEAD KZ4.
CITY ATTORNEY p~
CITY MANAGER /
Year 2009-2010 Annual Compliance Report
prepared in accordance with California
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees
for the fiscal year ended June 30, 2010 prepared in accordance with California Government
Code §66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood drainage areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 15, 2010.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2011\01-12\PDA Compliance Report admin.docx
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ADMINISTRATIVE REPORT
10
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 28, 2010
APPROVED
DEPARTMENT HEAD KIN
CITY ATTORNEY 4?
CITY MANAGERS
SUBJECT: Review and acceptance of the Fiscal Year 2009-2010 Annual Compliance Report
for Planned Sewer Area Fees prepared in accordance with California Government
Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for
the fiscal year ended June 30, 2010 prepared in accordance with California Government Code
§ 66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local
sanitary sewer areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 15, 2010.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2011\01-12\PSA Compliance Report admin.docx
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° ADMINISTRATIVE
REPORT
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD b~Bfil
DATE: December 28, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2009-2010 Annual Compliance Report
for Transportation Impact Fees prepared in accordance with California
Government Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees
for the fiscal year ended June 30, 2010 prepared in accordance with California Government
Code §66006.
In April 1992, Council adopted a transportation impact fee program to fund improvements to the
Metropolitan Bakersfield transportation system necessary to accommodate future growth. In
January 1997, Council adopted Phase II of this program, which was designed to fund more
projects and eliminate the need for developers to provide transportation impact studies for most
projects. In September 2003, Council adopted Phase III of this program with the intent of
updating the program and encouraging in-fill development by creating a Core and Non-Core
area within the Metropolitan Bakersfield General Plan limits including individual fee structures for
the respective areas. In July 2009, Council approved Phase IV of this program which adopted a
regional program and projects development through 2035.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 15, 2010.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2011\01-12\TIF Compliance Report admin.docx
BAKER ,
ww "pie .S
ADMINISTRATIVE REPORT
~~IFO
ur
MEETING DATE: January 12, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8.z.
TO: Honorable Mayor and City Council AJMVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEADG~
DATE: January 7, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution opposing efforts to eliminate California Redevelopment Agenci s or
reduce Redevelopment funding which could result in extreme negative
repercussions in the Bakersfield community.
RECOMMENDATION: Adoption of the resolution.
BACKGROUND:
In recent articles, (some copies are attached), the new governor is widely rumored to be
weighing options which may end Redevelopment statewide to free up more tax money for
schools and other programs. Redevelopment is directly responsible for eliminating blight and
attracting new private development. Redevelopment is an important revitalization tool for our
community, providing much needed resources for development of parks, infrastructure,
community facilities and affordable housing.
Redevelopment under California Law requires that agencies be in debt to collect their annual
tax increment allocations. Thus, Bakersfield and all other redevelopment agencies throughout
the State have debt obligations. It is not clear from what has been announced so far what
would happen to these debt obligations if agencies were eliminated. The numbers that have
been discussed in the media reflect "budget savings", which would be inclusive of invalidating
the debt. Invalidating the ability to repay debt would be a huge legal and financial
complication.
Ironically, Bakersfield and other agencies around the State have some of their debt repayment
due to the State of California. Thus, the proposal to eliminate the redevelopment programs
actually compounds the State's financial problems! About $17 million of Bakersfield's debt is
repayment to the State of California.
The reality is that Redevelopment builds better communities. It invests local dollars, supports and
creates jobs, eliminates blight, and strengthens local economies by building safe, healthy,
affordable, and sustainable communities throughout California. Redevelopment reenergizes
blighted neighborhoods, jump starts the renewal process, brings new life to neighborhoods, and
much needed tax revenues to local government through increased property values.
January 7, 2011, 12:38PM
S:\Admin Rpts\2011 \RedevleopmentResolution 1. 12.201 1_2.docx
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ADMINISTRATIVE REPORT
1
910
Several projects in the City exist only because of the direct benefits of Redevelopment. The
investment in our community is significant; approximately $47 million since the formation of the
Downtown Project Area and the subsequent formation of the Southeast and Old Town Kern -
Pioneer areas in 1999. In addition, Redevelopment has leveraged over $25 million in grant and
loan funds currently at work in our community. Examples of significant Redevelopment activity in
our community include the Rabobank Arena, Millcreek Linear Park, Fire Station #5 in Southeast
Bakersfield, South Millcreek Street Improvements and Southeast Neighborhood Projects.
Redevelopment is also the reason new housing is finally being built in all three project areas. The
use of housing set-aside funds means that projects such as the City Place Apartments, Courtyard,
Creekview Villas, and 1612 Lofts are becoming reality. This is because the Bakersfield
Redevelopment Agency can leverage private sector dollars to bring new housing and new
residents to these reenergized neighborhoods. These new residents also mean new customers to
nearby businesses.
Redevelopment is a type of chain reaction. When the Redevelopment Agency improves a
deteriorated area, property values rise. Those increased values mean increases in Property Tax
revenue to the Agency. The increased Agency tax revenues mean more funds can be used to
make more improvements. Those improvements, in turn, attract private investment. The end
result: the ultimate economic output and benefits to the community are significantly larger than
the original public investment.
Proposition 22 was approved by the voters in the November election. The concept of eliminating
Redevelopment agencies contradicts what the voters approved in that measure.
A listing of some of the positive projects that have been accomplished by the Bakersfield
Redevelopment Agency is attached.
January 7, 2011, 12:38PM
S:\Admin Rpts\2011\RedevleopmentResolutionl.12.2011_2.docx
I MEETING DATE: January 12, 2011 I AGENDA SECTION: Consent Calendar - Hearings
ITEM: (p 6L.
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: December 8, 2010
APPROVED
DEPARTMENT HEAD / CITY ATTORNEY
CITY MANAGER )eJ
SUBJECT: Hearing regarding adoption of Resolution making findings and updating the
Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation
Plan. (Wards 1-7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This report constitutes the annual review and update of the Capital Improvement Plan (CIP) for
the existing Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) in accordance with
California Government Code Section 66002.
The City Council initially approved the MBHCP on August 25, 1993. Following final approval by
the California Department of Fish and Game and the U.S. Fish & Wildlife Service, the MBHCP
became operational in August 1994. The plan and related permit terminate on August 24, 2014.
The preparation of the MBHCP and the protection afforded by it was undertaken to provide a
means for individuals and developers in the metropolitan Bakersfield area to avoid costly project-
specific mitigation in complying with State and Federal Endangered Species Acts. The plan and
agreement describe the estimated costs of the program and indicate the extent and types of
facilities (land) to be acquired with the funding source. They also serve as the CIP for the MBHCP.
The program is self-supporting and requires no support funds from the City or County.
Developers currently pay a $2,145 per acre mitigation fee at grading plan approval to
compensate for direct and indirect impacts on endangered species habitat from urban
development. These funds are used to purchase and manage habitat lands consistent with the
City's implementing agreement with the U.S. Fish and Wildlife Service and California Department
of Fish and Game. This fee also covers program administration, endowments for fencing, and
maintenance that are tied to the automatic raises by the State.
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers
agreement between the City of Bakersfield and Kern County. The trust group is comprised of
representatives from both the City and County, advisory members from the California
ADMINISTRATIVE REPORT Page 2
Department of Fish and Game and the U.S. Fish and Wildlife Service, and includes an at-large
public member.
The CIP, under the Trust Group's administration, has operated successfully in meeting the
program's obligations under the terms of our agreement with the California Department of Fish
and Game and the U.S. Fish and Wildlife Service. So far over 18,936 acres of endangered species
habitat land have been credited to implementation of the MBHCP. The program has acted to
acquire almost 600 acres of habitat mitigation land in 2010. This places us ahead of the "take" as
required by Federal and State law and our agreement. Therefore, it is recommended that no
changes in the CIP are necessary and that the update be a confirmation of the present plan.
Staff will continue to monitor the adequacy of the CIP to ensure that the program meets its
obligations.
The Kern County Board of Supervisors took action to adopt a resolution confirming the current CIP
on December 14, 2010. Staff has determined that the annual update of the MBHCP CIP is
categorically exempt from the requirement for preparation of environmental documents
pursuant to Section 15308 of the State CEQA Guidelines. Staff recommends adoption of the
resolution updating the CIP for the MBHCP.
cg\ S:\HCP\cap imprv\2011\Adm rept-2011 hcpcip.doc
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ADMINISTRATIVE REPORT
MEETING DATE: January 12, 2011 AGENDA SECTION: Closed Session
ITEM: 15, 0,. 1
TO:
FROM
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 16, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Vas
CITY MANAGER
SUBJECT:
Public Employee Performance Evaluation - City Attorney
Closed session pursuant to Government Code section 54957(b) (1) / 54957.6
VG:Isc
S:\COUNCIL\CI Sess\Admins\ 10.1W-12-1 I-CAEval.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 15, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INSTALLATION CEREMONY
Invocation by Pastor David Frose, Heritage Bible
Church.
Presentation of Colors by South High School
Marine Corps Junior R.O.T.C.
Pledge of Allegiance by Garrett Campbell,
Veteran's Elementary School.
a. Certification of Election Results:
Resolution No. 136-10 declaring the RES 136-10
results of the General Municipal Election
for election of Councilmember for Wards
1, 3, 4 & 7 held in the City of Bakersfield
on November 2, 2010.
2. Resolution declaring the results of the RES 137-10
General Municipal Election for
submission of a Measure relating to
Pension Benefits, Measure D, held in the
City of Bakersfield on November 2, 2010.
3. Adoption of Ordinance adding Chapter ORD 4638
2.85 to the Municipal Code relating to
pension benefits.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Resolutions and Ordinance.
Bakersfield, California, December 15, 2010 - Page 2
2. INSTALLATION CEREMONY continued ACTION TAKEN
Presentation by Mayor Hall of Recognition
plaques to Councilmember Carson and Vice-
Mayor Scrivner.
Councilmember Carson and Vice-Mayor
Scrivner accepted the plaques and made
comments.
Councilmembers Weir, Couch, Benham,
Hanson and Sullivan made comments.
b. Administration of Oath of Office.
City Clerk Gafford administered the Oath of
Office to Rudy Salas, Jr., Ken Weir, David Couch
and Russell Johnson.
Statements were made by Councilmembers
Salas and Johnson.
Benediction by Pastor Dave Frose, Heritage
Bible Church.
Mayor Hall invited everyone to enjoy
refreshments in the lobby.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
Erica Morataya v. City - KCSC Case
No. S-1500-CV-267729 WDP.
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 5:57 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 6:53 p.m.
RECONVENED MEETING AT 7:00 p.m.
Bakersfield, California, December 15, 2010 - Page 3
4.
ROLL CALL
ACTION TAKEN
5.
6.
7.
Present: Mayor Hall, Councilmembers Salas,
Benham, Weir, Couch, Hanson, Sullivan,
Johnson
Absent: None.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
Erica Morataya v. City - KCSC Case
No. S-1500-CV-267729 WDP.
PRESENTATIONS
Presentation by Mayor Hall of retirement plaque to
Ernest Arriola, Streets Supervisor, for 32 years of service.
Mr. Arriola received the plaque and made comments.
Presentation by Mayor Hall of retirement plaque to Luis
Peralez, Streets Superintendent, for 42.25 years of
service.
Mr. Peralez received the plaque and made
comments.
PUBLIC STATEMENTS
Marvin Dean spoke regarding first ward issues.
Mike Pilatti, West Kern County District Commissioner for
Central California Amateur Softball Association,
announced the AASA National office in Oklahoma
City has awarded the City of Bakersfield with the 2012
Men's Western National E Division to be held at the
new Mesa Marin complex. He also presented a
plaque to Recreation and Parks for having the highest
number of team registrations, in 2010, out of the 10
counties in the Central California District.
8. APPOINTMENTS
a. One appointment to the Fire Civil Service
Board, due to the expiration of term of
Thomas Edmonds, whose term expires
December 31, 2010.
CITY ATTORNEY
GIVEN DIRECTION
Bakersfield, California, December 15, 2010 - Page 4
8. APPOINTMENTS continued ACTION TAKEN
Item 8.a, continued
City Clerk Gafford announced there are two
applicants: incumbent Thomas Edmonds and
Ray Chopra; therefore, ballots will be used.
Ward 1
Edmonds
Ward 2
Edmonds
Ward 3
Edmonds
Ward 4
Edmonds
Ward 5
Edmonds
Ward 6
Edmonds
Ward 7
Edmonds
Motion by Councilmember Hanson to reappoint APPROVED
Thomas Edmonds to a 3-year term on the Fire Civil
Service Board.
b. Two appointments to the Miscellaneous Civil
Service Board due to the expiration of terms of
Gonzalo E. Ramirez and Percy A. Robinson,
whose terms expire December 31, 2010.
City Clerk Gafford announced that
applications were received from the
incumbents only; therefore, ballots will not be
necessary.
Motion by Councilmember Hanson to reappoint APPROVED
Gonzalo Ramirez and Percy Robinson to 3-year terms
on the Miscellaneous Civil Service Board.
C. One appointment to the Police Civil Service
Board due to the expiration of term of William R.
Perry, whose term expires December 31, 2010.
City Clerk Gafford announced there are three
applicants: incumbent William R. Perry, Ray
Chopra and Nicholas Hernandez; therefore,
ballots will be used.
Ward 1
Perry
Ward 2
Perry
Ward 3
Perry
Ward 4
Perry
Ward 5
Perry
Ward 6
Perry
Ward 7
Perry
Bakersfield, California, December 15, 2010 - Page 5
8.
APPOINTMENTS continued
Item 8.c. continued
ACTION TAKEN
Motion by Councilmember Hanson to reappoint
William R. Perry to a 3-year term on the Police Civil
Service Board.
d. One appointment to the Golden Empire Transit
District Board due to the expiration of term of
Norris Ledbetter, whose term expires January 6,
2011.
City Clerk Gafford announced that one
application has been received from incumbent
Norris Ledbetter; therefore, ballots will not be
necessary.
Motion by Councilmember Hanson to reappoint Norris
Ledbetter to a 4-year term on the Golden Empire
Transit District Board.
9. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 17, 2010,
Regular Council Meeting and the December 3,
2010 Special Council Meeting.
Payments:
b. Approval of department payments from
November 5, 2010 to December 2, 2010 in
the amount of $19,015,660.97 and self-
insurance payments from November 5, 2010
to December 2, 2010 in the amount of
$344,043.63.
Ordinances:
C. Adoption 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) (FR 11/17/10)
APPROVED
APPROVED
ABS WEIR, COUCH,
JOHNSON
ORD 4639
Bakersfield, California, December 15, 2010 - Page 6
Resolutions: ACTION TAKEN
d. Resolution adopting the Investment Policy for RES 138-10
the City.
e. Resolution approving request to file extension of
time with the State of California, Department of
Transportation, for the Transportation Equity Act
for the 21st Century (TEA-21) funds for the
Centennial Corridor Project. (TRIP)
Resolution determining that a DUI checkpoint
vehicle for the Police Department 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 $52,000.
g. Resolution of Intention No. 1683 to add territory,
Area 5-61 (4505 Hughes Lane) to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting the Public Works Director's Report.
Agreements:
h. Final Tract Map and Improvement Agreements
for Mira Lago, L.P. for Tract 6167 Phase 1
located east of Old River Road and north of
Harris Road.
Agreement with Acclamation Insurance
Management Services ($353,165 - 1 St year;
$365,526 - 2nd year; $378,319 - optional 3rd year)
for workers' compensation claims
management services.
Transportation Impact Fee Agreement with
Buena Vista Land Co. (not to exceed $405,051)
for improvements constructed on Panama
Lane and Buena Vista Road.
k. Agreement with Muxlow Construction ($50,000
CDBG funds) to provide handicap accessibility
improvement services to qualified low-income
residents in privately owned structures.
Appropriate $50,000 Community
Development Block Grant (CDBG) Fund
balance to the Operating Budget for the
Home Access Grant Project within the
CDBG Fund.
RES 139-10
RES 140-10
ROI 1683
AGR 10-178
AGR 10-169
AGR 10-170
AGR 10-171
AGR 10-172
Bakersfield, California, December 15, 2010 - Page 7
9. CONSENT CALENDAR continued
Memorandum of Understanding with
Integrated Law & Justice Agency for Orange
County (ILJAOC) regarding the connectivity of
COPLINK between Bakersfield Police
Department (KC Re-Dex) and Orange County.
M. Agreement with Bolthouse Properties, LLC
($50,000) to purchase real property within
Parcel Map 11593 located west of Windermere
Drive and south of White Lane for a domestic
water well site.
n. Agreement with Jeff Wanamaker; James L.
Leonhard & Robin C. Leonhard; Masonic
Homes of California; John R. Mathie; Marshall
Plan, Ltd.; Edwin Leroy Tolles; Mary Anne Garner
Frisone; James E. Munson & Cherron G. Munson;
Gayle Garner Roski; Patricia Burns Gebhardt;
Charles B. Randall; Judy Shultis Steffens; Clarita
J. Schultis; James A. Shultis; Kerminette S.
Bonney; Annetta S. Lee; Annetta Lee;
Kerminette S. Bonney & George W. Bonney, II;
Tucker Garner; Janette R. Garner; Charles W.
Bozarth; Anne Lane Bozarth; Toni Bloemer;
Optomists Boys Home & Ranch; Ralph B. Tippet;
Cornelia M. Bell; Laurie Link Wallace; and
Robert James Rudolph ($2,217,440) to purchase
real property located on the east side of
Mohawk Street south of Rosedale Highway for
the Westside Parkway. (TRIP)
o. Amendment No. 4 to Agreement No. 06-208
with Dokken Engineering ($280,000; revised not
to exceed $7,367,674) for engineering design
services for Phases 1 & 4 of the Westside
Parkway Project. (TRIP)
P. Amendment No. 1 to Agreement No. 07-339
with AECOM Technical Services, Inc., formerly
Lim and Nascimento Engineering Corp.,
(reduction of $546,832.43; revised not to
exceed $2,081,745.78) for engineering and
environmental services for the Hageman
Flyover Project. (TRIP)
ACTION TAKEN
AGR 10-173
AGR 10-174
DEED 7416
AGR 10-175
DEED 7417
AGR 06-208(4)
AGR 07-339(1)
Bakersfield, California, December 15, 2010 - Page 8
9. CONSENT CALENDAR continued
q. Amendment No. 1 to Agreement No. 07-338
with PB Americas, Inc. ($472,615; revised not to
exceed $2,945,529) for engineering and
environmental services for the SR-178 Widening
Project. (TRIP)
r. Amendment No. 2 to Agreement No. 09-137
with the Housing Authority of the County of Kern
($63,904; revised not to exceed $4,878,904) for
the purchase and rehabilitation of a foreclosed
99 unit independent living facility at 2221 S. Real
Road.
S. Amendment No. 1 to Agreement No. 10-075
with GC Environmental, Inc. ($500,000; revised
not to exceed $1,00,000) for landfill gas system
services for the Bakersfield Sanitary Landfill
Closure Project due to new state regulations.
Amendment No. 1 to Agreement No. 09-162
with Bakersfield Homeless Center ($159,744 and
extend term for one year) for sorting of green
waste material at the Mt. Vernon Green Waste
Facility.
U. Amendment No. 4 to Agreement No. 02-061
with CC Plaza, LLC (extend lease for additional
three years with two one year options to
extend) for office space at 900 Truxtun Avenue.
V. Contract Change Order No. 3 to Agreement
No. 09-113 with Kern Pacific Construction
($10,146.33; revised not to exceed
$3,239,874.92) for the Mesa Marin Sports
Complex Project.
W. Contract Change Order No. 1 to Agreement
No. 10-015 with Sandoval Construction and
Excavation ($34,260.15; revised not to exceed
$177,426.39) for the Sewer and Water
Improvements: Southwest Hanger Area Project
at the Bakersfield Municipal Airport.
Bids:
ACTION TAKEN
AGR 07-338(1)
AGR 09-137(2)
AGR 10-075(1)
AGR 09-162(1)
AGR 02-061(4)
AGR 09-113
0003
AGR 10-015
CCO1
X. Reject all bids for the annual contract for the
supply of dewatering polymers.
Bakersfield, California, December 15, 2010 - Page 9
9. CONSENT CALENDAR continued ACTION TAKEN
Y. Accept bid and approve annual contract with AGR 10-176
Polydyne, Inc. ($50,173.88) for the supply of DAF
polymers for Wastewater Treatment Plant No. 3.
Z. Accept bid and approve annual contract with AGR 10-177
Stay Green, Inc. ($100,000) for tree trimming.
aa. Accept bid from Piranha Pipe and Precast
($64,742.16) for reinforced concrete storm drain
pipe for installation by City staff at Mesa Marin
Sports Complex.
Miscellaneous:
bb. Audit Reports for FY ended June 30, 2010 (refer
to Budget & Finance Committee):
1. Comprehensive Annual Financial Report
(CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of
Federal Expenditures for the City.
4. Independent Auditors Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan.
5. Independent Auditors Report on
Appropriations Limit Worksheet (GANN
Limit) for the City.
Independent Auditors Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Bright House Networks Amphitheatre.
CC. Fiscal Year 2009-2010 Annual Compliance
Report for planned drainage area fees
prepared in accordance with Government
Code §66006.
dd. Fiscal Year 2009-2010 Annual Compliance
Report for planned sewer area fees prepared in
accordance with Government Code §66006.
Bakersfield, California, December 15, 2010 - Page 10
9. CONSENT CALENDAR continued ACTION TAKEN
ee. Fiscal Year 2009-2010 Annual Compliance
Report for bridge crossings and major
thoroughfare fees prepared in accordance
with Government Code §66006.
ff. Fiscal Year 2009-2010 Annual Compliance
Report for park impact fees prepared in
accordance with Government Code §66006.
gg. Fiscal Year 2009-2010 Annual Compliance
Report for transportation impact fees prepared
in accordance with Government Code §66006.
hh. Department of Housing & Urban Development
(HUD), Community Development Block Grant
(CDBG) Action Plan Amendment No. 3
(FY 10/1 1) and Amendment No. 13 (FY 08/09).
ii. Transfer $171,115 Community Development
Block Grant (CDBG) Contingency Funds within
the CDBG Fund Operating Budget for the South
Mill Creek Park and Parking Project.
Appropriate $13,520 Federal Grant Revenues
(FY 10/11 Next Generation - Click It or Ticket
Mini-Grant Award from the State Office of
Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for seatbelt
enforcement mobilizations in the Traffic Division.
kk. Appropriate $57,462 Federal Grant Revenues
(FY 10/1 1 Sobriety Checkpoint Mini-Grant
Award from the State Office of Traffic Safety) to
the General Fund Police Operating Budget, to
fund overtime for DUI checkpoints in the Traffic
Division.
City Clerk Gafford announced that correspondence
was received from Ashland Hercules Water
Technologies protesting the approval of item 9.x.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on item 9.b.
Councilmember Johnson announced he would
abstain due to conflict of interest, reimbursement for
park permit fee, on item 9.11b.
Bakersfield, California, December 15, 2010 - Page 11
9.
10.
11.
CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 9.b.
Motion by Councilmember Hanson to adopt Consent APPROVED
Calendar items 9.a. through 9.kk.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
a. Public Hearing to consider Resolution ordering RES 141-10
the vacation of Hopper Court between Union
Avenue Loop West to the north right-of-way of
the Southern Pacific Railroad tracks, adjacent
to 2501 Union Avenue Loop West.
Public Works Director Rojas made staff comments.
Hearing opened at 7:25 p.m.
No one spoke.
Hearing closed at 7:25 p.m.
Motion by Councilmember Benham to adopt the APPROVED
Resolution.
12. REPORTS
a. Status of Thomas Roads Improvement Program
(TRIP).
Public Works Director Rojas made staff comments and
gave a PowerPoint presentation.
Councilmember Couch asked staff to engage our new
legislators to help work out the issues with Caltrans
regarding the bike lane on the 24th Street
improvements.
Councilmember Benham asked staff to locate some
statewide lobbying groups that represent bicyclists
and bicycle safety and engage them to help work out
the issues with Caltrans.
Bakersfield, California, December 15, 2010 - Page 12
13. DEFERRED BUSINESS ACTION TAKEN
None.
14. NEW BUSINESS
a. Election of Vice-Mayor.
Motion by Councilmember Hanson to elect APPROVED
Councilmember Couch as Vice-Mayor of the City of
Bakersfield.
15. COUNCIL AND MAYOR STATEMENTS
Councilmember Weir expressed his gratitude and
appreciation to the voters of Ward 3, and to his family
and friends.
Councilmember Hanson congratulated the returning
Councilmembers and the two new colleagues.
Councilmember Hanson announced he met with a
group of 250 people from State Farm who may be
relocating to Bakersfield, and expressed the
importance of supporting business endeavors in our
City.
Councilmember Sullivan thanked Zack Scrivner and
Irma Carson for their years of service and welcomed
the two new Councilmembers.
Councilmember Sullivan expressed her concern about
the dying foliage on the freeways and would like to
know if the problem is just in our city or all the way to
Sacramento; and if it is something that can be fixed,
such as broken sprinklers, that they could be repaired.
Vice-Mayor Couch thanked Kern Economic
Development Corporation for putting together the
meeting with the State Farm employees, and inquired
about how the City might help support KEDC's efforts
in some way, even if it is not financial.
Mayor Hall congratulated David Couch for being
elected Vice-Mayor, and welcomed the two newest
members to the City Council and wished them well.
Bakersfield, California, December 15, 2010 - Page 13
15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced he spoke at a national Keep
America Beautiful conference last week regarding
"how to engage public officials in beautifying your
city"; pointed out that a lot of emphasis was placed
on the need to beautify downtown areas of cities; and
that next year he will be speaking on volunteerism.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:13 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield