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BAKERSFIELD CITY COUNCIL
s AGENDA
MEETING OF MARCH 9, 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 Pastor Vincent Jones, People's Church.
3. PLEDGE OF ALLEGIANCE by Ruben Cortez 5th grade student at Noble Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Gary Lockhart, declaring April 2,
2011 Scottish Gathering and Games Day.
b. Presentation by Mayor Hall of a Proclamation to Principal Mark Wyatt, Bakersfield
Adult School, declaring March 28 - April 1, 2011 Adult Education Week.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 16, 2011 Regular City Council Meeting.
Payments:
b. Approval of department payments from February 4, 2011 to February 24, 2011 in
the amount of $16,801,027.96 and self-Insurance payments from February 4, 2011 to
February 24, 2011 in the amount of $460,445.44.
Ordinances:
(Ward 4,7) c. First Reading of Ordinance amending Municipal Code Sections 1. 12,040 and 1. 12.070
by adding Annexation No. 601 consisting of 19.72 acres located at the
southeast corner of Hageman Road and Allen Road to Ward 4 and Annexation No.
606 consisting of 5.7 acres located along the south side of McKee Road, between
Ellashosh Street and State Route 99 to Ward 7.
d. Adoption of Ordinance amending Section 17.10.040 of the Municipal Code (R-1 One-
Family Dwelling Zone) reducing the front yard from 25 feet to 20 feet, and, Section
17.61.032 B.6. (Landscape Standards) adding language related to landscaping
along slopes. (FR 02116111)
8. CONSENT CALENDAR continued
(Ward 3) e. Adoption of Ordinance approving the Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code from R-1 (One Family Dwelling)
to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 19.45
acres located along the north side of Kern Canyon Road (State Highway 184)
approximately 2,000 feet southwest of the intersection of Kern Canyon Road and
State Highway 178 (ZC 10-0479) (Applicant-Hendricks Engineering/Property Owner-
Mesa Marin, LLC). (FR 02116111)
(Ward 7) f. Adoption of Ordinance approving the Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code from R-1 (Single Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on 7.81 acres, C-O (Professional and
Administration Office) on 5.89 acres and C-2 (Regional Commercial) on 3.64 acres
located north of Taff Highway (State Route 119) and west of Wible Road.
(ZC 10-0488) (Applicant-Scott Underhill/Property Owner-Wible Investors, ll, LLC et al)
(FR 02116111)
g. California Public Employees' Retirement System (CalPERS):
1. Adoption of Ordinance authorizing an amendment to the contract with
CalPERS. (FR 02/2/11)
2. Amendment No. 7 to Agreement No. 97-39 with CalPERS Board of
Administration to provide Section 21548 (Pre-retirement Option 2W Death
Benefit) for local fire members and Section 20475 (Different Level of Benefits).
Section 21362 (2% @ 50 Full Formula) and Section 20037 (Three-Year Final
Compensation) for local safety members entering membership for the first
time in the safety classification after the effective date of this amendment.
Resolutions:
(Ward 2-6) h. Resolution amending the boundaries of the City Domestic Water Service Area.
I. Resolution approving the City's designation of agent for California Office of
Emergency Services Applications (OES Form 130).
(Ward 6) j. Resolution to add territory, Area 2-46 (4701 Stine Road) to the Consolidated
Maintenance District and approving, confirming and adopting the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector,
k. Acquisition of Kern River Properties located along or in the Kern River Channel:
1. Resolution authorizing Water Resources Manager to acquire certain Kern River
properties, as they become available, to carry out the goals of the City's
adopted Kern River Parkway Plan.
2. Appropriate $150,000 Agricultural Water Fund Balance to the Water Resources
Capital Improvement Budget to allow the Water Resources Manager to make
deposits or down payments to acquire certain Kern River Properties.
2 City Council Meeting of 03/9/2011
8. CONSENT CALENDAR continued
(Ward 3) I. Proto II Block Wail on Panorama Drive between Masterson Street and Vineland Road
Project:
1. Resolution dispensing with formal bidding procedures to complete Proto II
block wall on Panorama Drive between Masterson Street and Vineland Road,
not to exceed $130,000.
2. Agreement with Parsam Construction (not to exceed $130,000) to complete
project.
Agreements:
(Ward 4) M. Agreement with County of Kern regarding apportionment of tax revenues upon
annexation of territory to the City known as Annexation No. 620 generally located
along the north side of Rosedale Highway, between Verdugo Lane and Calloway
Drive.
n. Amendment No. 1 to Agreement No. 09-163 with Soils Engineering, Inc. ($370,000;
revised not to exceed $818,375) for material testing services for various construction
projects for calendar years 2008 & 2009. (ARRA)
(Ward 2) o. Amendment No. 1 to Agreement No. 08-107 with Kern County Water Agency
($212,500) to provide oversight during the design and construction of the Westside
Parkway Phase 4 - Cross Valley Canal box culvert (TRIP).
(Ward 2) p. Amendment No. 1 to Agreement No. 97-74 with the Bakersfield Redevelopment
Agency, increasing the annual debt payment the Agency pays regarding the debt
service of the Arena and Convention Center from $1.2 million annually to a not to
exceed amount of $1.7 million per year beginning in the 2011-12 Fiscal Year.
q. Homelessness Prevention Services and Rapid Re-housing Services (HPRP):
1. Amendment No. 3 to Agreement No. 09-126 with Bethany Services/
Bakersfield Homeless Center to allow the reallocation of $6,500 from the
Financial Assistance line item to Data Collection and Evaluation.
2. Amendment No. 3 to Agreement No. 09-127 with Bethany Services/
Bakersfield Homeless Center to allow the reallocation of of $6,500 from the
Financial Assistance line item to Data Collection and Evaluation.
r. Amendment No. 3 to Agreement No. 07-085 with Stinson's Stationers, Inc. ($350,000;
revised not to exceed $1,050,000 and extends term 1 year) for office supplies.
(Ward 6) s. Contract Change Order No. 1 to Agreement No. 10-152 with Security Paving, Inc.
($27,408.75; revised not to exceed $2,132,279.25) for the Street Improvements:
McCutchen Road from Gosford Road to Ashe Road & Waterline Extension to
Wastewater Treatment Plant No. 3 Project.
(Ward 3) t. Contract Change Order No. 1 to Agreement No. 10-164 with West Coast Structures
($23,064.18; revised not to exceed $305,777.15) for the Bridge Rehabilitation: Manor
Street Bridge at Carrier Canal & Union Avenue Overhead Over UPRR Project.
3 City Council Meeting of 03/9/2011
8. CONSENT CALENDAR continued
(Ward 6) U. Contract Change Order Nos. 7 - 9 to Agreement No. 09-121 with Klassen Corp.
($31,351.01; revised not to exceed $6,874,727.58) for the Sports Village Phase I
Project.
(Word 2,4-6) v. Contract Change Order No. 3 to Agreement No. 10-079 with JO-SH General
Engineering, Inc. ($28,492.67; revised not to exceed $904,205.77) for adjustment of
water main installations as a result of utility conflicts at various locations within the
project.
Bids:
(Ward 3) w. Accept base bid plus additive alternate and approve contract with Nishikawa
Property Maintenance, Inc. (not to exceed $268,266 - 3 year term) for the
maintenance and field preparation of Mesa Marlin Sports Complex.
X. Accept bid from Dell Marketing, L.P. ($79,102.81) for a storage area network system
for the Information Technologies Division.
Y. Accept bids and approve contracts with Ironman Parts & Services ($98,522.75),
Diesel Exhaust & Emissions, LLC ($41,993.27) and A-Z Bus Sales ($26,850) to furnish and
install diesel particulate filters on 14 City vehicles In order to comply with air quality
standards (total bid $167,336.02).
(Ward 2) Z. Accept bid and approve contract to Turnupseed Electric Service, Inc ($49,500) for
the exterior soffit replacement at Bakersfield Convention Center.
Miscellaneous:
aa. Appropriate $6,141 contribution revenue from the Convention and Visitors Bureau
Hotel Partners to the Transient Occupancy Tax Fund Operating Budget to fund
participation in trade shows promoting the City as a convention and travel
destination.
bb. Appropriate $5,160 Other State Shared Revenues from the Kern County Remote
Access Network (RAN) to the General Fund Police Operating Budget to purchase
one SAFEFUME cyanocrylate (superglue) fuming chamber for the BPD Crime Scene
Unit for obtaining latent prints from non-porous Items of evidence,
cc. Appropriate $1,820 contribution from Kern Community Foundation made through
the Bakersfield Foundation to the Recreation and Parks Department Operating
Budget within the General Fund for the Adopt-a-Bench program provided at the
Kern River Parkway.
Staff recommends adoption of Consent Calendar items 8.a. through 8. cc.
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding City v. Wanamaker,
et al - KCSC Case No. S-1500-CV-269940 SPC.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter)
RECESS TO CLOSED SESSION
4 City Council Meeting of 03/9/2011
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 2) a. Public Hearing to consider Resolution adding territory, Area 4-99 (Q Street) to the
Consolidated Maintenance District and preliminarily approving, confirming and
adopting the Public Works Director's Report. (Staff recommends adoption of resolution.)
(Ward 2) b. Public Hearing to consider Resolution adding territory, Area 4-100 (Mill Creek) to the
Consolidated Maintenance District and preliminarily approving, confirming and
adopting the Public Works Director's Report. (Staff recommends adoption of resolution.)
12. HEARINGS
13. DEFERRED BUSINESS
14. NEW BUSINESS
a. Transfer of Redevelopment Agency properties;
1. Resolution approving Cooperation Agreement with Bakersfield
Redevelopment Agency regarding the transfer of certain Agency-owned
properties to the City In accordance with California Redevelopment Law.
2. Cooperation Agreement with Bakersfield Redevelopment Agency for transfer
of certain properties owned by the Bakersfield Redevelopment Agency to the
City and authorization of the City to act as the Agent of the Agency in the
disposition and redevelopment of said properties pursuant to California
Redevelopment Law.
Staff recommends adoption of resolution and approval of agreement.
15. REPORTS
a. City Council Goals Update.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
6041- City Manager
3/4/11 10:45aam
5 City Council Meeting of 03/9/2011
AGENDA HIGHLIGHTS
March 9, 2011 COUNCIL MEETING
REGULAR MEETING - 5:15m.
CONSENT CALENDAR
Ordinances
Item 8c. First Reading of Ordinance to annex properties in Wards 4 and 7. Annexation 601 is
located at the southeast corner of Hageman and Allen Roads in Ward 4. The property owners,
Craig Hummel and Mike Leggett requested annexation for development services and to
receive City services. Annexation 606 is on the south side of McKee Road, between Ellashosh
Street and SR 99 in Ward 7. The City initiated this annexation to eliminate a County Island. The
property owner, Gabriel Cruz, did not submit an objection. Both annexations have been
approved by LAFCo.
Item 8g. Adoption of Ordinance to implement changes to the PERS Contract. This is a
procedural action, required by CaIPERS, so that the City can Implement changes to CaIPERS
Contract 97.39, based on prior Council action and the results of the November 2, 2010 General
Election. On September 22, 2010, the City Council approved the Pre-Retirement Option 2W
Death Benefit for members of the Firefighters and Engineers Unit and the Fire Supervisory Unit.
This benefit allows the spouse or registered domestic partner of a deceased member who was
eligible to retire from service at the time of death to elect to receive the Pre-Retirement Option
2W Death Benefit, in lieu of the lump sum Basic Death Benefit. This change was agreed upon in
negotiations. In addition, on November 2, 2010, Measure D was passed which requires all City
of Bakersfield sworn public safety employees, hired after January 1, 2011, to receive a
retirement formula of 2% @ 50, based on the average monthly pay rate during the 36 highest
paid consecutive months. The first reading of this ordinance was on the February 2, 2011
Council agenda.
Resolutions
Item 8k. Authorization to acquire certain properties along the Kern River channel. To carry out
the City's policy to acquire river flood plain properties and implement the goals of the Kern
River Plan, the Water Board, on September 15, 2010, took action to bring forward to the full
Council a proposed resolution giving the Water Resources Manager, with concurrence of the
City Manager, the ability to make deposits or otherwise commit to acquisition of certain
properties along the Kern River Channel. The authorization is only for those designated
properties identified in Exhibit A of the resolution and will require final approval by the City
Council. This action also includes a request to appropriate $150,000 of Agricultural Water Fund
Balance for the Water Resources Capital Improvement Budget for deposits or down payments
on those designated properties.
Agreements
Item 8m. Tax Revenue Exchange Agreement with County of Kern upon annexation of property
(Annexation 620). The City Council previously approved the initiation of annexation of property
located north of Rosedale Highway, between Verdugo Lane and Calloway Drive. Because this
property Includes existing businesses that have annual tax revenue greater than $50,000, the
MOU between the City and the County (which sets the standard exchange of property taxes)
requires an additional separate agreement for a "reasoned exchange" of the tax revenues.
Under the terms of the existing MOU, the City will receive 37.5% of the property tax and the
County will provide fire protection and retain the fire fund (In accordance with the JPA). This
new agreement sets the terms of the sales tax distribution. Under the existing MOU, the City
would normally retain all sales tax. Under this agreement, the County will keep sales tax from
four existing businesses. The City will keep all sales tax from any new businesses. The agreement
also has a provision for a "gap" payment to the County for any sales tax from the existing
businesses between the time the property is annexed to the end of the calendar year. If LAFCo
approves the annexation, this agreement will be effective when the property is officially within
the City limits.
Item 8p. Amendment to Agreement #97-74 with the Bakersfield Redevelopment Agency. This
proposed amendment is to request an Increase in the RDA's annual debt service payment for
the Rabobank Arena and Convention Center from $1.2 million to not more than $1.7 million,
beginning In FY 2011-12, payable from downtown project tax increment funds. An estimated
$200,000 will be available In FY 2011/12, which will allow for an Increase of the annual payment
to $1,400,000. With the anticipated growth of tax Increment funds in future years, the payment
can gradually be Increased, up to an additional $500,000 per year (beyond the $1.2 million).
The structure of the existing bond payment schedule will not change; the City will continue to
cover the balance of the $3.2 million annual payment with Hotel Tax revenues, and the bonds
will be fully repaid in 2022.
Bid!
Item 8x. Accept Bid and Award Contract to Nishikawa Property Maintenance, Inc. for the
maintenance and field preparation of Mesa Marin Sports Com Ip ex The new sports facility in
northeast Bakersfield will include four lighted softball fields, a concession/restroom/storage area
and two parking lots. This proposed agreement, under a three year term, covers all routine
maintenance and preparation of the entire facility for league play and for 16 special events
annually. There is an additive alternate that includes four additional events, as they may occur
during the term of the contract. The costs associated with the City performing this work have
been estimated at $425,325. The cost estimate for outsourcing the work was $270,000, for the
base bid and the additive alternate. Five bids were received; all were acceptable. Staff
recommends award to the low bidder, Nishikawa Property Maintenance, in the total amount
not to exceed $268,266, which includes the base bid and the alternative alternate. Nishikawa
has over 30 years of experience In sports field maintenance. There are sufficient funds
budgeted for this expense in the FY 2011 /11 budget. Staff estimates that revenues for the next
three years will fully cover the expense for the three year contract.
CLOSED SESSION
There will be a conference with legal counsel regarding one matter of existing litigation and
one matter of potential litigation.
Agenda Highlights - March 9, 2011 Council Meeting
Page 2
CONSENT CALENDAR PUBLIC HEARINGS
Items I l a, and 11 b. There are two public hearings to consider the establishment of
consolidated maintenance districts for two downtown improvement projects: the proposed Q
Street Improvement Project, which is scheduled to begin construction in Spring 2011, and the
Mill Creek Linear Park, which was completed in 2010.
The 9 Street Improvement Project will bring significant enhancement to the corridor of Q Street
between Truxtun Avenue and 241h Street. It will be funded from State Proposition IC funds.
Similar to the Chester Avenue streetscape Improvements, It includes the installation of street
and landscape improvements, landscaped median islands, decorative lights, trees, new
sidewalks, alley cross gutters, handicapped ramps, decorative traffic signals and other
attractive improvements.
The establishment of maintenance districts for the Q Street Improvements and the Mill Creek
Linear Park is proposed in order to pay for the ongoing maintenance expenses associated with
both projects.
As of this writing, the 'yes" votes exceed the "no" votes for each project. We will update you
on any other votes that may be received at the time of the meeting.
NEW BUSINESS
Item 14a. Resolution approving an A= reement with the Bakersfield Redevelopment Agency to
transfer Aaency-owned properties to the City. If the proposed legislation to dissolve
redevelopment agencies passes, all redevelopment activity is to be suspended when the bill
becomes effective, which could occur in the very near future. As of July 1, 2011, all of the
Bakersfield RDA's assets and obligations would be turned over to a successor agency, which
would be responsible for settling the RDA's debts and selling Its assets. The State is seeking a
$1.7 capture billion of redevelopment funds during the first year of the dissolution of the
redevelopment agencies, and will expect the successor agencies to sell their redevelopment
land and other assets as part of their funding source. The RDA's assets include eight properties
that are planned for future mixed use and commercial development in Bakersfield. This action
is to request approval of a resolution to enter into an agreement with the RDA to transfer those
properties to the City to maintain local control, so they can be held for future disposition to
interested developers.
REPORTS
Item 15a. There will be an update of the City Council Goals, focusing on the Highlights and
Accomplishments towards the current adopted goals. This will be the first step In the process to
review and update the Council goals.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - March 9, 2011 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Presentations
ITEM: 44,0_
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: February 25, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Gary Lockhart, declaring April 2, 2011,
"Scottish Gathering and Games Day" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Presentations
ITEM: y , h .
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: February 25, 2011 CITY ATTORNEY
CITY MANAGER-
SUBJECT: Presentation by Mayor Hall of a Proclamation to Mark Wyatt, Bakersfield Adult School
Principal, declaring March 28, 2011 through April 1, 2011, "Adult Education Week" in
Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
pn ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: , 0. .
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: February 25, 2011 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Approval of Minutes of the February 16, 2011 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: March 09, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City.Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /tom
DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER- PAS
SUBJECT: Approval of department payments from February 4, 2011 to February 24, 2011
in the amount of $16,801,027.96 and Self Insurance payments from February 4,
2011 to February 24, 2011 in the amount of $460,445.44.
RECOMMENDATION:
Staff recommends approval of payments totaling $17,261,473.40.
BACKGROUND:
February 24, 2011, 1:44PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: a,e,,
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 18, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an Ordinance amending Bakersfield Municipal Code Sections
§ 1. 12.040 and § 1. 12.070 by adding Annexation No. 601 consisting of 19.72 acres,
located at the southeast corner of Hageman Road and Allen Road to Ward 4
and Annexation No. 606 consisting of 5.7 acres, located along the south side of
McKee Road, between Ellashosh Street and State Route 99 to Ward 7. (Wards 4
& 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 601 and 606 into their
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 601 is located at the southeast corner of Hageman Road and Allen Road. The
annexation territory consists of 19.72 acres of undeveloped land. The property owners (Craig
Hummel and Mike Leggett) requested annexation for development purposes and to receive
city services. This area will be included into Ward 4.
Annexation No. 606 is located along the south side of McKee Road, between Ellashosh Street
and State Route 99. The site is developed with a residential home site and a trucking/storage
business located in the back portion of the property. This annexation was initiated by the city
to eliminate a county island. A protest hearing was conducted by the Local Agency
Formation Commission (LAFCo) on October 26, 2010. The property owner, Gabriel Cruz, did
not submit any objection to the annexation. This area will be included into Ward 7.
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 28, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance amending the text of Title 17 of the Bakersfield Municipal
Code (Zoning Ordinance); specifically, Section 17.10.040 of Chapter 17.10 (R-1
One-Family Dwelling Zone) reducing the front yard from 25 feet to 20 feet, and
Section 17.61.032 B.6. of Chapter 17.61 (Landscape Standards) adding
language related to landscaping along slopes.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 16, 2011.
Since June of 2009, the City Council's Planning and Development Committee has been
working to implement a Northeast Bakersfield Community Concept in order to achieve the
following vision for Northeast Bakersfield (considered the geographic area in the city limits east
of Fairfax Road and north of the Union Pacific Railroad):
Preserve and enhance the unique aspects of the northeast experience through
the development of a healthy, sustainable community complementary of the
area's resources and identifiable through theme architecture and landscaping.
The City Council adopted ordinance changes earlier this year (April 2010) concerning
architectural design for commercial projects, landscaping, and outdoor lighting (dark sky
principles). The Planning Commission subsequently approved amendments in October 2010 to
their "Wall and Landscaping Design Policies for Parkways and Median Islands" achieving
consistency with the updated ordinance requirements.
Proposed Ordinance Amendment Summary:
On December 13, 2010 the City Council's Planning and Development Committee reviewed
additional ordinance changes to finalize their efforts that began in 2009, and directed staff to
February 28, 2011, 10:48AM
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ADMINISTRATIVE REPORT
have the Planning Commission hold a public hearing to consider approval of the changes
summarized below:
R-1 One-Family Dwelling Zone (Section 17.10.040)
• Amends text to encourage the architectural design of single family homes to de-
emphasize the prominence of the garage.
• Will improve the streetscape design and promote more walkable neighborhoods.
Landscape Standards (Section 17.61.032 B.61
• Adds text pertaining to slope/greenbelt protection and screening of sumps.
• Will protect scenic qualities based on unique topographic considerations.
Although the changes to the R-1 zone were discussed as part of the northeast vision; the
Committee found they will benefit all new residential development throughout the city.
Garages will continue to maintain the existing 25-foot setback, but the habitable portion of the
home will be allowed to be built at 20 feet. Rather than requiring all homes to place the
garage behind the living area, this change just provides an incentive for this type of
architectural design to take place. Builders will, however, continue to have the flexibility to
provide other architectural styles based on market demand, customer preference, or lot
configuration. As lots become smaller to meet other mandates such as greenhouse gas
reductions, more walkable neighborhoods and reduce vehicle driving, this change will help
use land more efficiently but still provide adequate front yard open space consistent with
current community values.
Proposed landscaping changes pertain to slope/greenbelt protection without fencing and
the screening of sumps from public streets where there is a significant grade difference to
protect scenic views based on topographic considerations.
On January 20, 2011, the Planning Commission held an advertised public hearing on the
proposed amendments. No comments were received either in writing or verbally and the
Commission unanimously approved a recommendation that the City Council adopt the
ordinance changes.
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under
the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with
certainty that there is no possibility that adoption of the proposed ordinance will have a
significant affect on the environment.
February 28, 2011, 10:48AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6, &
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 18, 2011 CITY ATTORNEY Q
CITY MANAGER
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing
the zone district from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple
Family Dwelling/Planned Unit Development) on 19.45-acres, located along the
north side of Kern Canyon Road (State Highway 184), approximately 2,000 feet
southwest of the intersection of Kern Canyon Road and State Highway 178 (ZC
10-0479- Hendricks Engineering, representing Mesa Morin LLC, the property
owners). (Ward 3).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 16, 2011.
The proposed project is located along the north side of Kern Canyon Road, generally 2,000
feet southwest of the intersection of Kern Canyon Road and State Highway 178 (the southern
portion of the former Mesa Marin Raceway). The property owner is proposing a change in
the land use and zoning to allow future development of a 338 unit apartment complex on
the 19.45 acre site. The proposal also includes a PUD (Planned Unit Development) overlay
zone. Approval of the development plan is not proposed at this time, though the PUD
requires public review and approval of all plans by the Planning Commission prior to
development of the site.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 16, 2010, and recommended approval to the
City Council.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on November 10, 2010, in accordance with CEQA. Air quality and cultural resource
studies were c0npleted on the project. Conditions of approval and mitigation measures
which address air quality, cultural resources, noise, transportation fees and public
improvements are recommended as part of the project approval.
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 18, 2011 CITY ATTORNEY p
CITY MANAGER /W
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing
the zone district from R-1 (Single Family Dwelling) to R-2 (Limited Multiple Family
Dwelling) on 7.81 acres, C-O (Professional and Administration Office) on 5.89
acres and C-2 (Regional Commercial) on 3.64 acres, located north of Taft Hwy
(State Route 119) and west of Wible Road (ZC 10-0488 - Scott Underhill,
representing Wible Investors II, LLC et al, the property owners). (Ward 7).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 16, 2011.
The proposed project is located north of Taft Hwy (State Route 119) and west of Wible Road.
The property owner is proposing to change the land use and zoning to allow future
development of approximately 31 residential duplex lots that will include 62 single story
dwelling units. The future commercial use will include approximately 22,000 square feet of
retail and 32,000 square feet of professional office space.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 16, 2010, and recommended approval to the
City Council.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on November 10, 2010, in accordance with CEQA. Conditions of approval and
mitigation measures which address air quality, biological resources, cultural resources, noise,
traffic impacts, transportation fees and public improvements are recommended as part of
the project approval.
CG\S:\GPAs\GPA 4th 2010\10-0488\Staff Reports\2nd Reading Admin 10-0488.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 28, 2011 CITY ATTORNEY S"
CITY MANAGER k`7
SUBJECT: California Public Employees' Retirement System (CaIPERS).
1. Adoption of Ordinance authorizing an Amendment to the Contract with
CalPERS.
2. Amendment No. 7 to Contract 97-39 between the City of Bakersfield and the
Board of Administration of CaIPERS to provide Section 21548 (Pre-Retirement
Option 2W Death Benefit) for local fire members and Section 20475 (Different
Level of Benefits). Section 21362 (2% @ 50 Full Formula) and Section 20037
(Three-Year Final Compensation) for local safety members entering membership
for the first time in the safety classification after the effective date of this
amendment to contract.
RECOMMENDATION: Staff recommends adoption of the Ordinance and Contract Amendment.
BACKGROUND:
The Ordinance authorizing an Amendment to the Contract between the City and CalPERS
represents the procedural steps required by CalPERS in order for the City to implement changes
to the contract that have been brought about by prior Council action and as a result of the
November 2, 2010 General Election.
Council Action: On September 22, 2010, the City Council held an Impasse Hearing on fire labor
negotiations which resulted in the Council approving "Terms and Conditions of Employment" for
members of the Firefighters and Engineers Unit and the Fire Supervisory Unit. Included in the
"Terms and Conditions of Employment" was the implementation of the Pre-Retirement Option 2W
Death Benefit. This benefit allows the spouse or registered domestic partner of a deceased
member, who was eligible to retire from service at the time of death, to elect to receive the Pre-
Retirement Option 2W Death Benefit in lieu of the lump sum Basic Death Benefit. This benefit is a
monthly allowance equal to the amount the member would have received if he/she had retired
from service on the date of death and elected Option 2W. This change was an agreed upon
item in negotiations and thus was included in the Council's Resolution setting "Terms and
Conditions of Employment." The impact of this change to the total employer rate is 0.313%.
February 28, 2011, 12:18PM
C:\DO00ME-1\grubin\LOCALS-1\Temp\XPgrpwise\PERS contract amnd adoption 3_9.dOCX
ADMINISTRATIVE REPORT
November 2, 2010 Election: On November 2, 2010, the voters of the City of Bakersfield approved
Measure-0`-which requires all City of Bakersfield sworn public safety employees, hired affer
January 1. 2011, to receive a retirement formula of 2% @ 50 based on the average monthly pay
rate during the 36 highest paid consecutive months. In order for the City to implement these
voter approved changes, the City must go through the CaIPERS process to amend the contract.
CalPERS requires that the City adopt a Resolution of Intention and have first reading of the
Ordinance at least twenty (20) days prior to the final adoption of the Ordinance. To comply with
this requirement the second reading and adoption of the attached Ordinance will be scheduled
for the March 9, 2011 City Council Meeting.
The City's contribution rate for the will be 24.469% (which represents a reduction from the current
FY 11-12 Employer Contribution Rate of 25.210%) of reportable earnings for local fire members
entering membership for the first time in the fire classification after the effective date of this
amendment to contract. The City's contribution rate will be 30.300% (which represents a
reduction from the current FY 11-12 Employer Contribution Rate is 33.511%) of reportable earnings
for local police members entering membership for the first time in the police classification after
the effective date of this amendment to contract.
February 28, 2011, 12:18PM
C:V=UME-1\grubin\LOCALS-1\Temp\XPgrpwise\PERS contract amnd adoption 3_9.docx
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: S- k,
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager
DEPARTMENT HEAD
DATE: February 24, 2011
CITY ATTORNEY IIG
CITY MANAGER
SUBJECT: Resolution of the Council of the City of Bakersfield amending the boundaries of the
City of Bakersfield Domestic Water Service Area. (Wards 2, 3, 4, 5 & 6)
RECOMMENDATION: City Water Board recommends adoption of the resolution.
BACKGROUND:
Landowner and developer requests for water service within the corporate boundaries of the City
of Bakersfield have necessitated the need to expand the boundaries of the City of Bakersfield's
Domestic Water System. The attached domestic service area map identifies the enlarged service
area.
Water service to the new areas will be accomplished through developer financed extension of
existing City water facilities.
The expansion of the domestic water service area was reviewed by the City of Bakersfield Water
Board at its February 9, 2011 meeting. The City of Bakersfield Water Board recommended City
Council approval.
bz
SA2011 ADMIN REPORTS\DomesticServiceArsoExpansion3911.doc
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ADMINISTRATIVE REPORT.
~ nu
MEETING DATE: March 9, 201 1 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 15, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving the City of Bakersfield's designation of agent for California
Office of Emergency Services Applications (OES Form 130).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In order to process applications for assistance and reimbursement requests related to the
December 2010 winter storm, the State Office of Emergency Services (OES) requires that the City
adopt a resolution designating City representatives who are authorized to execute grant
assistance applications and reimbursement documents on behalf of the City. This resolution will
be kept on file and will be utilized for both State and Federal disaster assistance.
February 15, 2011, 8:42AM
C:\DOCUME-1\sforsyth\LOCALS-1\Temp\XPgrpWse\Resolution OES Form 130.docx
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to add territory, Area 2-46 (4701 Stine Road) to the Consolidated
Maintenance District and approving, confirming, and adopting the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 2, 2011, the Council adopted Resolution of Intention No. 1686
adding the above territory to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of parks and/or street landscaping. The area will be under park and/or
streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdividers)/developer(s) to be recorded with the subdivision map.
ps
G:\GR0UPDAT\ADMINRPT\2011\03-09\CMD 2-46 Res Estab admin.doc
A
U
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD (DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER _
SUBJECT: Acquisition of Kern River Properties located along or in the Kern River Channel.
1) Resolution authorizing the Manager of the Water Resources Department to acquire
certain Kern River Properties as the properties become available to carry out the goals
of the City's adopted Kern River Parkway Plan.
2) Appropriation of $150,000 Agricultural Water Fund Balance to the Water Resources
Department Capital Improvement Budget to allow the Manager to make deposits or
down payments to acquire certain Kern River Properties.
RECOMMENDATION: Staff recommends adoption of the resolution and approval of appropriation.
BACKGROUND: In 2010 the City missed an opportunity to acquire a prime piece of Kern River property,
because there is not currently a process in place to allow staff to quickly hold property with a deposit. As a
result, the property was purchased by another party. Water Board Policy Number 9, as adopted by City
Council on December 12, 2001, reads as follows: "The City shall continue its policy to acquire river flood
plain properties deemed essential to cant' out and implement the goals of the Kern River Plan; including
the adopted Kern River Channel Maintenance Program and the Kern River Parkway Plan". In recognition
of this policy, the Water Board discussed at its September 15, 2010 meeting ways to expediently buy or
hold a piece of property without losing out on an opportunity. In order to prevent this situation from
reoccurring, the Water Board approved an action for staff to draft a Resolution to forward to the full
Council to give authority to the Manager of the Water Resources Department, with the concurrence of the
City Manager, to select, negotiate, hold, secure, make deposits or down payments on, and otherwise
commit to acquire properties along the Kern River channel pursuant to this Resolution. However, all
properties identified and acted on under this Resolution must promptly be brought before the City Council
for their consideration and final approval before a purchase or acquisition of Kern River property can be
finalized. Attached to the Resolution is an Exhibit A indicating the Kern River properties the City is
interested in acquiring through this process.
The $150,000.00 appropriation is needed to provide the funds required to make deposits or down
payments on Kern River properties, as specified in the Resolution.
SA2011 ADMIN REPORTS\KemRiverProperty.doc/mr
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 .
TO: Honorable Mayor and City Council APPROVE
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Completion of Proto II Block Wall on Panorama Drive between Masterson Street
and Vineland Road, not to exceed $130,000. (Ward 3):
1. Resolution dispensing with formal bidding procedures to complete Proto II
block wall on Panorama Drive between Masterson Street and Vineland Road,
not to exceed $130,000.
2. Agreement with Parsam Construction to complete Proto II block wall on
Panorama Drive between Masterson Street and Vineland Road.
RECOMMENDATION: Staff recommends approval of resolution and agreement.
BACKGROUND: During the construction of Panorama Drive between Masterson Street and
Vineland Road, a block wall was constructed along the east side of Panorama Drive. The block
wall constructed in this area is a Proto II wall which is post tensioned to provide the structural
strength as opposed to the traditional rebar and grout filled wall. Design Masonry was hired by
Mountain View Bravo, the developer of City in the Hills, to construct this area of block wall.
Before the City could do final inspection and accept this portion of block wall, both Mountain
View Bravo and Design Masonry filed bankruptcy and went out of business. Subsequently, a
section of this block wall failed and fell over. Investigations by City staff revealed construction on
portions of the wall installed along the east side of Panorama Drive was found to be incomplete
per the Proto II wall system design. Further investigation by City staff revealed that this wall did
not have the contractor provided special inspections performed, as required for this type of
block wall system.
Since both the installing contractor and the developer are no longer in business, staff
recommends that this section of block wall be completed to the proper design standards. Staff
has met with Parsam Construction, a contractor who Is certified in the Installation of the Proto II
wall system. Staff plans to proceed with the completion work as soon as possible. At this time a
project cost is unknown since the extent of the necessary work can not be fully determined until
the contractor commences work. Therefore, the recommended $130,000 not to exceed amount
is a rough estimate of total costs.
Because the extent of the necessary work cannot be fully determined and therefore needs to be
done on a time and material basis, staff recommends Council approve the Resolution to
dispense bidding procedures so that the contractor can perform the necessary construction for
completion of the wall.
Sufficient funds are budgeted to award this agreement. The funding source is assessment district
proceeds from the City in the Hills Assessment District (05-1). There is no General Fund impact
associated with this agreement.
RM (Construction)
GAGROUPDATIADMINRPT\2011\03-09Wdmin - Proto 11 Wall Repair.doc
VA
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
.
ITEM: . rA
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 28, 2011 CITY ATTORNEY 13
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield and the County of Kern regarding
apportionment of tax revenues upon annexation of territory to the City of
Bakersfield as Annexation No. 620 generally located along the north side of
Rosedale Highway, between Verdugo Lane and Calloway Drive. (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the agreement.
BACKGROUND:
On November 3, 2010, the Bakersfield City Council adopted Resolution No. 126-10 to initiate
proceedings for Annexation No. 620 (Verdugo No. 2). The territory proposed for annexation
consists of 50.29 acres and is located north of Rosedale Highway between Verdugo Lane
and Calloway Drive. This territory is adjacent to the City limits, is within the City's Sphere of
Influence, and consists of 48 parcels of land.
The Kern County Auditor-Controller-County Clerk sent letters to the City Manager and Kern
County Administrative Officer (CAO) indicating the tax revenue exchange period for this
annexation ends on April 2, 2011. The CAO provided comments to the City that the tax
exchange does not meet the criteria within the Memorandum of Understanding (MOU)
between the City and the County to use the standard exchange of property taxes because
there are existing businesses being annexed and their annual tax revenue is greater than
$50,000. As such, the MOU requires that the City and the County negotiate a separate
agreement of a "reasoned tax revenue exchange" for the equitable allocation and
distribution of available property and sales tax revenues so that each jurisdiction can provide
appropriate governmental services to the annexation area.
The proposed agreement represents the consensus the City Manager and CAO have
reached related to the exchange of tax revenues for this annexation. In accordance with
the existing MOU, the County will transfer the standard percentage of property tax to the
City (37.5% of the total entitlement for the annexation area). Additionally, in accordance
with the Joint Powers Agreement for fire protection services, the County will retain the total
fire fund as it will maintain responsibility and cost of providing fire protection.
ADMINISTRATIVE REPORT Page 2
This agreement establishes how sales tax revenue will be shared. Under the existing MOU,
the City would normally retain all sales tax. However, under this agreement, the County will
keep sales tax from four existing businesses, Bakersfield Pizza West, Inc., Decision Games, Los
Hermonos Mexican Restaurant, and One Stop Smog & Repair. The City will keep all sales tax
from any new businesses in the annexation area. Since sales tax is based on a calendar
year, this agreement also includes a gap payment to the County for any sales tax
generated from these existing businesses between when the property is annexed to the end
of the calendar year (December 31, 2011).
If the annexation is approved by the Local Agency Formation Commission (LAFCo), this
agreement becomes effective once the property is officially within the City limits.
JE:MO\\S:\Annexaflon\Agreemt Special Tax Split\Admin for Annex 620 3-9-2011.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: , n .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 24, 2011 CITY ATTORNEY J149-
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09-163 with Soils Engineering, Inc., ($370,000;
revised not to exceed $818,375) for Material Testing Services for Various
Construction Projects, Calendar Years 2008 and 2009.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 09-163 with Soils Engineering, Inc. was approved by the City
Council on December 16, 2009 with a not to exceed compensation clause of $448,375. The
amount of compensation was estimated based upon projected amount of testing needed for
the CIP budget years covered and current hourly rates of the laboratories and field technicians.
The number of paving projects planned for calendar year 2010 increased due to funding from
the American Recovery and Reinvestment Act (ARRA). These projects required an extensive
amount of unanticipated material and soil testing. These occurrences and additional testing
requirements on other projects will result in the depletion of the contract compensation before
the expiration of the Agreement.
This amendment adjusts the total compensation to $818,375. Funding for this amendment will be
from budgeted Capital Improvement Projects.
RM (Construction)
WGROUPDATWDMINRPT\2011103-09Vlmend 1 Agreement 09-163 SELdoc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: $.o.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 25, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 08-107 with Kern County Water Agency, (for an
amount of $212,500.00), for providing oversight during the design and construction of
the Westside Parkway Phase 4 - Cross Valley Canal (CVC) box culvert. (TRIP). (Ward 2)
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND: The City and the Kern County Water Agency originally entered into
Agreement 08-107 to facilitate the construction of two box culverts for the Cross Valley
Canal (CVC) where Mohawk Street and the Westside Parkway cross over the CVC. The
agreement was written so that the Water Agency would design and construct these box
culverts at City expense. The Agency constructed and the City paid for the first box
culvert for Mohawk Street per the terms of the agreement, However, the Agency
subsequently requested that the City design and construct the second box culvert for
the Westside Parkway, and that the Agency would only provide oversight of the design
and construction of this box culvert. The City concurred, and this box culvert was a part
of the recently bid Westside Parkway Phase 4 (fruxtun Tie-in) project awarded to Security
Paving Company. This amendment identifies these changed responsibilities of the City
and the Water Agency for the Westside Parkway box culvert. Adequate funds have
been previously budgeted to pay for the Water Agency oversight services.
February 25, 2011, 10:58AM
Kpb:C:\UsersVskinnerWppData\Local\Temp\XPgrpwise\KCWA - GUIf Box Amendment - Adm1n_1.docx
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 201 1 AGENDA SECTION:
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 28, 2011 CITY ATTORNEY
CITY MANAGERe,~
SUBJECT: Amendment #1 to Agreement # 97-74 between the City of Bakersfield and the
Bakersfield Redevelopment Agency, increasing the annual debt payment the
Agency pays regarding the debt service of the Arena and Convention Center from
$1.2 million annually to a not to exceed amount of $1.7 million per year beginning in
the 2011-12 Fiscal Year.
RECOMMENDATION: Staff recommends approval of the Agreement.
BACKGROUND:
In 1997 the Agency and the City entered into an interagency agreement to share the debt
service costs of the Arena and Convention Center. The original agreement called for the Agency
to pay $1.2 million per year toward the approximate $3.2 million annual debt service. The annual
payments were scheduled to terminate in conjunction with the maturity of the bonds in 2022.
In an effort to both maximize the use of downtown tax increment funds and relieve some
budgetary stress on the City's revenue streams, staff is recommending that the 1997 agreement
be amended to fully utilize downtown project area tax increment funds by increasing the annual
debt service payment of the Agency from $1.2 million per year to a not to exceed amount of $1.7
million per year beginning with the 2011-12 fiscal year.
Staff estimates that the 2011-12 budget for the Downtown Project Area will have about $200,000
available for additional debt capacity to apply toward the Arena debt. This would make the
RDA's estimated payment in 2011-12 approximately $1,400,000. In raising the contractual amount
in the agreement by $500,000 (from the $1.2 million to the not to exceed $1.7 million per year), we
are anticipating future growth of tax increment funds with the intention that the debt service
payments would gradually increase over time up to the "not to exceed" amount.
There would be no change to the overall bond payment schedule, which is still structured for total
annual payments of $3.2 million per year and the bonds will still be fully repaid in the year 2022.
The City will continue to cover the balance of debt service each year with Hotel Tax Revenues.
The Agency approved this amendment at their February 25, 2011 meeting.
S:Wdmin\Admin Reports\ADNIM--CITY-Amend I to RA97-2 debt svc.doc ]
Prepared by: nks
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD Ct~
DATE: February 28, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Homelessness Prevention Services and Rapid Re-Housing Services (HPRP):
(Wards Ail)
1. Amendment No. 3 to Agreement No. 09-126, with Bethany Services/Bakersfield
Homeless Center to allow the reallocation of $6,500 from the Financial Assistance
line Item located in Schedule "A" of Agreement 09-126 to Data Collection and
Evaluation.
2. Amendment No. 3 to Agreement No. 09-127, with Bethany Services/Bakersfield
Homeless Center to allow the reallocation of $6,500 from the Financial Assistance
line item located in Schedule "A" of Agreement 09-127 to Data Collection and
Evaluation.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In June 2009, the City was approved for a $1.3 million grant through the American Recovery and
Reinvestment Act from the U. S. Department of Housing and Urban Development,
On September 23, 2009, Council entered into two agreements with Bethany Services/Bakersfield
Homeless Center to facilitate the Homelessness Prevention and Rapid Re-Housing Program
(HPRP). The program has two elements: (1) Homelessness Prevention for those persons who are
about to become homeless and (2) Rapid Re-Housing for those persons who are already
homeless.
On January 13, 2010, Council approved Amendment No. 1 to both agreements with Bethany
Services/Bakersfield Homeless Center to provide advance funding in the amount of $20,000 each
to assist with cash flow during the program start-up period. On June 30, 2010, Council approved
Amendment No. 2 to both agreements with Bethany Services/Bakersfield Homeless Center
requesting an additional advance of funding in the amount of $70,000 to assist with cash flow
due to the heavy volume of need for services in the community.
S:\Admins\City Council\Clty Council Admins 2011 \BHC-Bethany HPRP Amend #3 39.11 #2.Doc
2/28/201111:17 AM
Ms
ADMINISTRATIVE REPORT Page 2
Bethany Services/Bakersfield Homeless Center has recently notified the City that the HPRP
funding allocated for Data Collection and Evaluation activities is insufficient. These proposed
amendments allow for the reallocation of funding from the Financial Assistance line item to the
Data Collection and Evaluation line item as listed under Schedule A in both Agreements.
Funding in the amount of $6,500 from Financial Assistance to Data Collection and Evaluation
under each program would be reallocated. The total reallocation would be $13,000. HUD allows
such reallocations to be approved by the local jurisdiction's legislative body without the need for
an amendment to the Action Plan.
As of the end of February 2011, $380,588.97 has been expended toward the Rapid Re-Housing
Program. This amounts to 56% of the total Rapid Re-Housing Program funds. The Homeless
Prevention Program has been successful as well, with $456,812.29 that has been expended which
is 67% of the total funds. The term of the Agreement between the Bakersfield Homeless Center
and the City will expire September 30, 2012.
S:\Admins\City Council\Clty Council Admins 2011 \BHC-Bethany HPRP Amend #3 3.9,11 #2,Doc
2/28/2011 11:17 AM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: 0,r-,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /ys
DATE: February 22, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 07-085 with Stinson's Stationers,
Incorporated extending the term for one (1) year and adding $350,000 (for a
total not to exceed amount of ($1,050,000) to the Annual Contract for office
supplies. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 14, 2007, Council awarded the annual contract for the office
supplies to Stinson's Stationers, Incorporated in the amount of $350,000; renewable annually
thereafter for four (4) consecutive one-year periods. On March 26, 2008, Council executed
Amendment No. 1 extending the contract term with no additional funds added. On January
27, 2010 executed Amendment No. 2 adding $350,000 for a revised not to exceed amount of
$700,000 and extended term one year to expire in March 2011.
If approved, Amendment No. 3 will add $350,000 for a revised not to exceed amount of
$1,050,000 and will extend term one year to expire in March 2012 with no dollar increase.
Funds are budgeted in the departmental operating accounts for office supplies in all funds
(both general fund and other funds).
Purchasing Division/ch
S:IPURCHIADMIN%Amendments 10-11 Wmendment #3 to Agreement 07-085, Stinson's Stationers, March 9, 2011.doc
February 28, 2011, 3:28PM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: A,:5.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /
DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 10-152 with Security Paving,
Inc. ($27,408.75; revised not to exceed $2,132,279.25) for the project known as
Street Improvements: McCutchen Road From Gosford Road to Ashe Road &
Waterline Extension to Wastewater Treatment Plant #3 (Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the construction of McCutchen Road from Gosford
Road to Ashe Road and for the extension of the waterline on McCutchen Road to supply water
to Wastewater Treatment Plant #3.
During construction, it was discovered that three existing manhole structures were 2.5 feet above
the proposed finish grade of the new street. The contractor has agreed to lower and modify
these structures for the lump sum price of $13,856.
During construction, it was discovered that an existing gas line was in conflict with the canal
culvert piping that needs to be installed. This necessitated a redesign of the culvert piping and its
metal components. As such, in order to meet the deadline established by Kern Delta Water
District for completion of the canal piping, the fabrication of the metal components has to be
accelerated. The contractor has agreed to accept a lump sum of $13,552.75 for the additional
costs associated with the acceleration of this work.
This is the first change order to be submitted for this project. This change order will increase the
project total by $27,408.75 (which results in an 1.3% increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $2,104,870.50
• Amended Contract Agreement after Change Orders = $2,132,279.25
Net Increase to date = $ 27,408.75
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
February 24, 2011, 5:19PM
GAGROUPDArADMINRPT12011\03-09=01 McCutcheon Rd Improvements Gostord to Ashe .doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 J AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD;L~ .
DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 10-164 with West Coast
Structures ($23,064.18; revised not to exceed $305,777.15) for the project
known as Bridge Rehabilitation: Manor Street Bridge At Carrier Canal &
Union Avenue Overhead Over UPRR (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for rehabilitation of the bridges on Manor Street at the
Carrier Canal and on Union Avenue between 21 st Street and Monterey Street.
During construction, it was discovered that two Quadguard II Crash Cushion Systems need to
be installed on the Manor Street Bridge. The contract called for only one system. Due to this
configuration change, the original bid item was deleted and the contractor provided a lump
sum price of $43,611.82 to install these crash cushion systems.
While excavating in the Carrier Canal, the contractor discovered buried concrete debris that
conflicts with the installation of the new slope protection system. The contractor has agreed
to remove and dispose of this debris for the lump sum price of $1,132.01.
In order to provide proper drainage of storm water into the canal area, the contractor needs
to remove a section of curb and gutter on Manor Street and replace it with a concrete
channel system. The contractor has agreed to perform this work for the lump sum price of
$387.07.
While driving posts for the new metal beam guard rail system on Manor Street, the contractor
hit and damaged a previously undiscovered storm drain pipe. The contractor has agreed to
repair this pipe and relocate the guard rail support posts for the lump sum price of $1,292.10.
In order to accommodate the new metal beam guard rail system, the contractor needs to
remove 15 square feet of the concrete approach slab at the Manor Street Bridge. The
contractor has agreed to do this additional work for the lump sum price of $505.59.
During the course of construction, it was discovered that the plans called for the contractor to
install a bike lane stripe (Detail 27B) that was 4 inches wide. In order to comply with Traffic
Control Standards, a 6 inch stripe (Detail 39) needs to be in place for bike lane striping. The
contractor has agreed to increase the width of this stripe for a lump sum price of $41.57.
RM (Conshucdon)
February 25, 2011.4:33PM
G:\GROUPDAT\ADMINRPT\2011\03-09\CCO 1 Bridge Rehab on Manor and Union.doc
ADMINISTRATIVE REPORT
During construction, it was noticed that the contract did not call for installation of Detail 9 lane
striping on the Union Avenue bridge. This striping needs to be installed in order to provide
proper lane delineation for the traveling public. The contractor has agreed to install
approximately 1600 lineal feet of this striping for a lump sum price of $2,336.41,
In order to construct the project per the plans and specifications, several contract item
quantities has to be either increased or decreased. These increases and decreases will result
in a net credit of ($26,242.39).
This is the first change order to be submitted for this project. This change order will increase the
project total by $23,064.18 (which results in an 8.0% increase of the original contract amount)
as illustrated below:
• Original Contract Amount $282,712,97
• Amended Contract Agreement after Change Orders = $305,777,15
Net Increase to date $ 23,064,18
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construdon)
February 25, 2011, 4:33PM
G:\GR0UPDAT\ADMINRPT\2011\03-09\0001 Bridge Rehab on Manor and Union.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council 000^V ED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER AO-6
SUBJECT: Contract Change Order Nos. 7 through 9 to Agreement No. 09-121 with
Klassen Corporation ($31,351.01; revised not to exceed $6,874,727.58) for the
Sports Village Phase I Project (Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for construction of eight soccer fields, restroom, concession
stand, parking lot, a portion of Fair Play Drive, irrigation system, walkways and all infrastructure for
Phase 1 of the planned Sports Village.
Contract Change Order No. 1 provides for the following:
1) Increasing the size of three irrigation control valves: The plans called for a 1" valve and the
irrigation line was to be 2" for the sprinkler heads. As such, the main line saddles, ball
valves, control valves, and the pipe nipples all had to be increased to 2".
2) Installation of an additional floor drain: After the concrete floor slab was poured it was
determined the Family Restroom (#101) required a floor drain to meet building codes. A
section of the floor slab was removed, the floor drain installed and the concrete floor was
poured back. The Contractor has agreed to a lump sum of $2,994.44 to add the floor
drain in the Family Restroom (#101).
3) Application of anti-graffiti coating. During construction it was determined that the seal
coating specified for the CMU block on both the concession and restroom buildings is a
water proofing sealant and not an anti-graffiti sealant. The anti-graffiti sealant is necessary
in order to mitigate any tagging activity that may occur on these buildings.
4) Additional roof framing. During construction it was noted that extra wood framing would
be required to provide proper support for the roof system, and HVAC screen walls.
The Contractor has agreed to accept a total of $7,183.01 for performing this additional work.
Contract Change Order No 8 provides for additional earthwork on the dirt berms along Ashe
Road. After the dirt berms along Ashe Road were built it was noted that the grades were not
going to tie-in correctly with the Ashe Road reconstruction project. A 2.52 feet grade difference
was noted between the Sports Village and the Ashe Road plans. In order correct this
discrepancy, the dirt berms will have to be regraded. The contractor has agreed to perform this
additional work for a lump sum of $9,919.
RM (Construction)
February 24, 2011, 5:11 PM
G:\GROUPDAT\ADMINRPT\2011\03-09\CCO 7-9 Sports Village Phase Ldoc
ADMINISTRATIVE REPORT
Contract Change Order No. 9 provides for installation of additional electrical and control
equipment for the lake irrigation pump and water features. During construction, it was
discovered that additional reversing contactors, motor protectors and circuit breakers will need
to be installed in order to provide sufficient electrical and control capacity for the planned future
irrigation pump and the future water feature pump. These power requirements also required
that the transformer be increased from 5 KVA to 15 KVA for all the supporting equipment, future
air compressor, future lake water feature, etc. The contractor has agreed to a lump sum of
$14,249.00 to install this additional equipment in the control panel.
The net cost increase of Contract Change Orders 7 through 9 is $31,351.01. The sum of all
change orders to date on this project reflect a total cost increase of $166,560.58 (which is an
increase of 2.5% of the original contract amount) as illustrated below:
• Original Contract Amount = $6,708,167.00
• Amended Contract Agreement after Change Orders = $6,874,727.58
Net Increase to date = $ 166,560.58
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
February 24, 2011, 5:08PM
GAGROUPDATWDMINRPT12011 W3-09=0 7-9 Sports Village Phase Ldoc
ADMINISTRATIVE REPORT
( L)
V
MEETING DATE March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: 15.J.
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD e
DATE: February 22, 2011 CITY ATTORNEY 9 to
CITY MANAGER 4
SUBJECT: Contract Change Order #3 to Contract No. 10-079 with JO-SH General Engineering,
Inc., in the amount of $28,492.67 (revised total not to exceed $904,205.77) for
adjustment of water main installations as a result of utility conflicts at various
locations within the project. (Wards 2, 4, 5, 6)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The City has a contract with JO-SH General Engineering to install various water
mainline extensions and tie-ins at several locations on the City's domestic water system. During
the process of locating existing utilities to be crossed by the new water main installations, multiple
utilities were found to be in direct conflict with the proposed location of the new water mains.
This required that the new water mains be lowered and modified to avoid conflicts with existing
utilities resulting in additional materials, equipment, and labor costs. Funding for this contract
change order is available in the Water Resources Department's F/Y 2010-11 Capital
Improvement Budget.
Original Contract Amount $869,860.60
Change Order # 1 $3,500.00
Change Order #2 $2,352.50
Change Order #3 $28,492.67
Total to Date $904,205.77
Sc
S:\2011 ADMIN REPORTS\Admin 2-22-11 JOSH Gen Eng.doc
T +
U ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: W
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD L
DATE: February 23, 2011 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept base bid plus additive alternate and award a three (3) year contract to
Nishikawa Property Maintenance, Inc. (not to exceed amount of $268,266) for the
maintenance and field preparation of Mesa Marin Sports Complex (ward 3).
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND:
The contract is for the maintenance and field preparation of the City's Mesa Marin Sports
Complex (MMSC) located at 10315 Highway 178. The contract is for a three (3) year term. The
facility includes four lighted softball fields, a central concession, restroom and storage area and
two parking lots. The Base Bid includes the performance of all routine maintenance and
preparation activities for the entire facility for league play and the maintenance and
preparation activities for 16 special events/tournaments annually. The Additive Alternate
includes all maintenance and preparation activities for four additional special
events/tournaments on a per-occurrence basis for the term of the contract. The cost estimate
for this contract was $270,000 for the Base Bid and the Additive Alternative. The not to exceed
amount of $268,266 allows for award of the Base Bid and Additive Alternate.
For the term of the contract, city staff, supplies and new equipment were estimated at
$425, 325. The Base Bid and Additive Alternate at $268,266 amounts to an estimated savings of
$157,059 (37%) for the three year contract, compared to City staff maintaining MMSC, as
opposed to a contractual agreement.
On January 6, 2011, five bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
BIDDER AMOUNT
Nishikawa Property Maintenance Base Bid in the amount of $261,054
713 No. Valentine Additive Alternate/ Per Occurrence @1,803x4 7,212
Fresno, CA 93706 Total $268,266
Maranatha Landscaping Base Bid in the amount of $266,400
7606 Felipe Court Additive Alternate/ Per Occurrence@900 x4 3,600
Bakersfield, CA 93307 Total $270,000
S:\ADMINISTRATION DIVISION\Admin Rpts\2011 Admins\Mesa Marin maint.doc
~ + I
ADMINISTRATIVE REPORT
ABM Janitorial Services Base Bid in the amount of $273,600
1400 Easton Drive Additive Alternate/ Per Occurrence4600x4 2,400
Bakersfield, CA 93309 .Total $276,000
Landscape Development, Inc. Base Bid in the amount of $352,260
28447 Witherspoon Parkway Additive Alternate/ Per Occurrence@122x4 488
Valencia CA, 91355 Total $352,748
Penny Lawn Service, Inc. Base Bid in the amount of $638,069
4000 Allen Road Additive Alternate/ Per Occurrence@0x4 0
Bakersfield CA, 93314 Total $638,069
Staff recommends award of Base Bid to Nishikawa Property Maintenance for $261,054.
Additionally, staff recommends award to include the additive alternate, up to four (4)
additional occurrences, at $1,803 per occurrence, to a not to exceed total of $268,266.
Nishikawo Property Maintenance has over 30 years of experience in the maintenance of
playfields for baseball, football and softball including the Fresno Grizzlies AAA Ballpark, Kern High
School District and Fresno State University Athletic Fields.
The Recreation and Parks Department budgeted $89,286 at the beginning of FY 2010/11 for
other outside services, anticipating a possible maintenance agreement for MMSC. This requires
no additional appropriation to the Department's current operating budget. The contract will
be funded for the three (3) year term from the Recreation and Parks Operating Budget within
the General Fund. Contract maintenance of the MMSC is anticipated to begin in mid-March
2011.
Based on the average revenues received for the last three (3) fiscal years, staff estimates
revenues for the next three (3) fiscal years at MMSC as follows:
Softball Concession
Leagues Rentals Sales Total
FY 2011/12 $ 85,000 $ 7,000 $ 6,000 $ 98,000
FY 2012/13 90,000 12,000 9,000 111,000
FY 2013/14 96,000 17,000 12,000 125,000
$ 271,000 $ 36,000 $ 27,000 $334,000
As illustrated above, estimated revenues are anticipated to fully cover the costs of the three-
year maintenance contract.
kt
S:\ADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\Mesa Madn maint.doc
bA
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: la.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 28, 2011 CITY ATTORNEY Q
CITY MANAGER W
SUBJECT: Accept bid from Dell Marketing L.P. in the amount of $79,102.81 for a Storage
Area Network system for the Information Technologies Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND:
The current Storage Area Network (SAN) was scheduled and budgeted for an upgrade in the
current fiscal year. The existing storage is near capacity and may run out of space if this
upgrade does not take place in the next few months. The planned upgrade was expected to
add an additional 50% storage capacity to the existing SAN system.
While the original budget estimate contemplated a 50% upgrade in storage space, the
bidding results have demonstrated that new technology is available for this storage network
that will allow the City to purchase more storage at a lower cost than originally anticipated in
the budget.
Approval of this bid will allow the Information Technology division to purchase more storage
than originally planned, which in turn will allow staff to resolve one of the recent auditor
comments regarding the City's ability to perform a full and complete contingency backup file
test to better protect our ability to maintain technology operations in the event of a disaster.
Prior to this bidding process Information Technology staff estimated the cost of addressing this
auditor comment at approximately $200,000; which far exceeded the budgeted funding
available for this purchase. This information was shared with the Budget and Finance
committee at their February 1, 2011 meeting. The recent bidding information now provides us
with an opportunity that we did not expect or anticipate several weeks ago.
Invitations to bid were sent to over six hundred (600) suppliers for Dell Network systems. Four (4)
bids were received in response to the solicitation.
Purchasing Division/kb
S:WdminWdmin ReportsWdmin - Dell Storage Area Network, March 9, 2011 revised.docx
ADMINISTRATIVE REPORT
The four (4) bids received are as follows:
BIDDER AMOUNT
Dell Marketing L.P.
Round Rock, TX $ 79,102.81
Impex Technologies, Inc.
Torrance, CA $ 92,511.53
PC Mall Gov, Inc.
Torrance, CA $100,233.29
Aprisa Technology LLC
Roslyn, NY $106,537.29
Funds are budgeted in the Equipment Replacement Fund for this purchase. Staff finds the bid
submitted by Dell Marketing L.P. to be acceptable and recommends award of the bid.
Purchasing Division/kb
S:WdminWdmin ReportsWdmin - Dell Storage Area Network, March 9, 2011 revised.docc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD-
DATE: February 23, 2011 CITY ATTORNEY k1k
CITY MANAGER )eZ
SUBJECT: Accept bids and approve contracts to Ironman Parts & Services ($98,522.75),
Diesel Exhaust & Emissions, LLC ($41,993.27) and A-Z Bus Sales ($26,850) for a total
amount of $167,336.02 to furnish and install diesel particulate filters on fourteen
(14) City vehicles in order to comply with air quality standards. Citywide
RECOMMENDATION: Staff recommends acceptance of bids and approval of contracts.
BACKGROUND: Invitations to bid were sent. to over three (300) suppliers of diesel particulate
reduction devices. Eight (8) bids were received in response to the solicitation.
The California Air Resources Board requires diesel particulate filters be installed on 100% of on-
road heavy duty diesel fueled vehicles for the year models 2006 and older as part of State
regulations. The City has seventeen (17) vehicles that fall into this category for retrofitting
additional pollution control devices. After reviewing bid prices, staff determined it will be more
cost effective to replace three (3) vehicles (equipment #4345, #4346 and #4596) by installing
existing truck bodies onto new gasoline powered cab and chassis rather than upgrade the
existing cab & chassis with diesel particulate filters, therefore, bids will not awarded for filters on
those three (3) vehicles.
Four (4) of the eight (8) vendors (Maxi Air, Valley Power Systems, Inc., Diesel Emissions Service
and Exhaust Emission Reduction Specialists) submitted contingent proposals with additional
analysis to be performed after the bid deadline. The terms and conditions of the bid require
bidders to submit firm prices, therefore these contingent bids must be excluded from
consideration. Bidders were offered the opportunity to perform the required analysis prior to
the bid deadline.
Funds are budgeted in the Equipment Replacement Fund to furnish and install diesel
particulate filters for fourteen (14) vehicles.
in accordance with the terms of the bid, the City may accept any item or group of items bid,
or award the bid on the basis of total bid. In order to get the most favorable pricing, staff
recommends the award be split as follows:
Purchasing Divisionft
& PURCHWDMINWdmin 10-111Fumish & Install DPFs, 10-11-43, March 9, 2011.docx
ADMINISTRATIVE REPORT
BIDDER AMOUNT CITY VEHICLES (by Number)
Ironman Parts 3 Services $98,522.75 #4291, #4341, #4342, #4517, #4195
Corona CA #4196,#4336,#4337,#4535
Diesel Exhaust & Emissions, LLC $41,993.27 #4240,#4142,#4143
Santa Fe Springs, CA
A-Z Bus Sales $26,850.00 #4344,#4348
Colton, CA
A spreadsheet showing unit prices for all bids received is attached.
Purchasing Divisiorift
SWRCHWDMINWdmin 10-11Tumish & Install DPFs, 10-1143, March 9,201 I.docx
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: y.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD &
DATE: February 23, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept -bid and award contract to Turnupseed Electric Service, Incorporated in
the amount of $49,500 for the Exterior Soffit Replacement at Bakersfield
Convention Center. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to bid were sent to over five hundred (500) contractors for electrical
service. Three (3) bids were received in response to the solicitation.
This project will replace approximately one hundred ten (110) incandescent light fixtures
with thirty five (35) fluorescent fixtures in the main entry portico and the promenade
and replace six (6) emergency exit signs with LED fixtures for the Bakersfield Convention
Center. The existing soffit lights on the promenade are not working and the soffit lights on the
main entry portico require special handling to replace the bulbs. The new fixtures will be
surface mounted which will not require special handling. They will also be energy efficient,
and require less maintenance.
Funds are budgeted in the Capital Outlay Fund for this project.
Three (3) bids were received as follows:
BIDDER AMOUNT
Turnupseed Electric Service, Inc. $49,500
Bakersfield, CA
Spring Mountain Industries, Inc. $61,265
Bakersfield, CA
JPL Electric, Inc. $74,944
Ventura, CA
Staff finds the low bid submitted by Turnupseed Electric Service, Incorporated to be
acceptable and recommends approval of the contract in the amount of $49,500.
Purchasing Divisiontkb
SAPURCHWDMINWdmin 10-11 Exterior Soffit Light Replacement at the Conv Ctr, 10-11-51, March 9, 2011.docx
ADMINISTRATIVE REPORT
T u W
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: as .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD"
DATE: February 24, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $6,141 contribution revenue from the Convention and Visitors
Bureau Hotel Partners to the Transient Occupancy Tax Fund Operating
Budget to fund participation in trade shows promoting the City of Bakersfield
as a convention and travel destination. (All Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Bakersfield Convention and Visitors Bureau (CVB) as part of its mission to bring more
visitors to Bakersfield, typically attends industry specific trade shows where staff meets
with meeting planners who schedule events for their clients, The budget for FY 2010-11
reflected a decrease in funds allocated for attending these trade shows from $43,000 in
the budget for FY 2009-10 to $10,000 in the current year.
In an effort to assist the CVB in attending more trade shows, Bakersfield hoteliers joined
forces, and 14 hotels contributed a total of $6,141 to supplement the $10,000 provided in
the FY 2010-11 budget for this purpose, Checks were deposited with the City of
Bakersfield with the intent to augment the CVB's budget. This appropriation will move
funds to the appropriate account within the operating budget to offset the expenditures
for trade shows attended by the CVB on behalf of the City of Bakersfield,
February 24, 2011, 1:51 PM
S: \ Admins\ City Council \City Council Admins 2011-CVB\CV13 Appropriation 030911,Docx
tc
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p°rroa,rso
ADMINISTRATIVE REPORT
CA~2f 0
MEETING DATE: March 09, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 -bb -
TO: Honorable Mayor and City Council A OVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: February 18, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $5,160 Other State Shared Revenues from the Kern County Remote
Access Network (RAN) to the General Fund Police Operating Budget, to purchase one SAFEFUME
Cyanocrylate (superglue) Fuming Chamber for the BPD Crime Scene Unit for obtaining latent
prints from non-porous items of evidence.
RECOMMENDATION: Staff recommends appropriation.
BACKGROUND:
The California State Department of Justice has established a uniform statewide
network (called Remote Access Network or "RAN"), of equipment and procedures allowing local
law enforcement agencies direct access to the California Identification System (a statewide
telecommunications network dedicated to. the transmission of fingerprint identification data in
conjunction with Cal-ID for use by law enforcement agencies).
To facilitate the RAN throughout the State, each county receives funds collected from DMV
motor vehicle fees and court fees/fines. These funds are governed by each county's local RAN
board [CA PC 11112.4(a)], who determines the placement of RAN equipment within all the law
enforcement agencies in the County, and coordinates acceptance, delivery, and installation of
RAN equipment. The board also develops any procedures necessary to regulate the ongoing
use and maintenance of that equipment. The funds may only be used to purchase/maintain
related equipment and personnel expenses related to RAN.
Each local RAN board is composed of a member of the board of supervisors, the sheriff, the
district attorney, the chief of police of the department having the largest number of sworn
personnel within the county, a second chief selected by all other police chiefs within the county,
a mayor elected by the city selection committee established pursuant to Section 50270 of the
Government Code, and a member at large chosen by the. other members.
The Kern County RAN board has approved the allocation of funds from their FY2010-11 budget to
provide the Bakersfield Police Department Crime Scene Unit with one Cyanoacrylate (superglue)
Fuming Chamber. Funding for this item will be done on a reimbursement basis, which requires
the City to first purchase the item then submit a reimbursement request.
DB
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-MADMIN RPT - (03-09-11) RAN BOARD APPROPRIATION (super
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2/15/2011 3:38 PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Consent Calendar
ITEM: $
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD
DATE: February 23, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $1,820 contribution from Kern Community Foundation made through
the Bakersfield Foundation to the Recreation and Parks Department Operating
Budget within the General Fund for the Adopt-a-Bench program provided at the
Kern River Parkway.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Adopt-a-Bench program allows for the memorialization of a loved one by purchasing a new
bench with a plaque and placing it in any of the City's parks. Kern Community Foundation has
contributed $1,820 to the Bakersfield Foundation for the purchase of a bench. The bench will be
installed at the Kern River Parkway.
iln
February 23, 2011, 12:30PM:jin
SADMINISTRATION DIVISIONWdmin Rpts\2011 AdminsWdopt-A-Bench.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Closed Session
ITEM: Q. Q.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ye
DATE: February 7, 2011 CITY ATTORNEY 1W
CITY MANAGER k
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• City of Bakersfield v. Wanamaker, et al.
Kern County Superior Court Case No. S-1500-CV-269940 SPC
VG:lsc
S:\COUNCIL\CI Sess\Admins\10-1 1\3-9-1 1 ExistLit.docx
ADMINISTRATIVE REPORT
MEETING DATE March 9, 2011 AGENDA SECTION: Closed Session
ITEM: a,h.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: February 17, 2011 CITY ATTORNEY ~G
CITY MANAGER S
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b) (1) (3) (A) of Government Code section
54956.9. (One matter)
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SACOUNCIL\CI Sess\Admins\10-11 \3-09-11 Po1Lll.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Hearings
ITEM: A I , Q
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 23, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Public Hearing to consider a Resolution 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 adoption of the Resolution.
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 241h 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 st 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.
In accordance with Proposition 218, 45 days prior to this public hearing, an "Official Property
Owner Assessment Ballot for the City of Bakersfield Maintenance District Area 4-99" was mailed to
all affected property owners inviting them to vote yes or no regarding the establishment of this
maintenance district. Additionally, a Notice of Public Hearing was advertised in The Bakersfield
Californian. Because ballots may either be mailed to the City or submitted at this public hearing,
tabulation of the ballots may not begin until this public hearing has been closed. As of the date
of this report, the City has received more ballots in favor of the establishment of this maintenance
district than those opposed. As of Thursday, March 4, 2011, the vote count was 34 votes in favor
and 30 votes opposed.
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.
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G:\GR0UPDAT\ADMINRPT\2011\03-09\CMD 4-99 Res Estab admin.docx
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2011 AGENDA SECTION: Hearings
ITEM: l I .b.
TO: Honorable Mayor and City Council AR.OfOVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD r
DATE: February 23, 2011 CITY ATTORNEY G~
CITY MANAGER
SUBJECT: A Public Hearing to consider a Resolution to add territory,, Area 4-100 (Mill Creek
Maintenance District) to the Consolidated Maintenance District and approving,
confirming, and adopting the Public Works Director's Report. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
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 1C 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.
As the Mill Creek Linear Park has been completed, the addition of this area to the Consolidated
Maintenance District will allow for the maintenance of park and canal landscaping along the
length of the park from California Avenue on the south to 24th Street on the north.
In accordance with Proposition 218, 45 days prior to this public hearing, an "Official Property
Owner Assessment Ballot for the City of Bakersfield Maintenance District Area 4-100" was mailed
to all affected property owners inviting them to vote yes or no regarding the establishment of this
maintenance district. Additionally, a Notice of Public Hearing was advertised in The Bakersfield
Califomian. Because ballots may either be mailed to the City or submitted at this public hearing,
tabulation of the ballots may not begin until this public hearing has been closed. As of the date
of this report, the City has received more ballots in favor of the establishment of this maintenance
district than those opposed. As of Thursday, March 4, 2011, the vote count was 3 votes in favor
and 1 vote opposed.
The proposed Mill Creek Maintenance District is separate from a proposed maintenance district
on Q Street. The Q Street Maintenance District is a separate item to be addressed elsewhere on
this agenda.
Ps
C:\DOCUME-1\psheats\LOCALS-1\Temp\XPgrpwise\CMD 4-100 Res Estab admin.docX
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ADMINISTRATIVE REPORT
n n
MEETING DATE: March 9, 2011 AGENDA SECTION: New Business
ITEM: 14 a.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: March 4, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Transfer of Redevelopment Agency Properties:
1) Resolution approving a Cooperation Agreement with the Bakersfield
Redevelopment Agency regarding the transfer of certain Agency-owned
properties to the City in accordance with California Redevelopment Law.
2) Cooperation Agreement with the Bakersfield Redevelopment Agency for the
transfer of certain properties owned by the Bakersfield Redevelopment Agency
to the City of Bakersfield and authorization for .the City to act as the Agent of
the Agency in the Disposition and Redevelopment of said properties pursuant to
the California Redevelopment Law.
RECOMMENDATION:
Staff recommends approval of the cooperation agreement and resolution accepting the
transfer of the parcels as depicted on the attached schedule of properties.
BACKGROUND:
The Budget Trailer Bill to dissolve Redevelopment has been released by the State Department of
Finance. The bill language is generally consistent with the Governor's proposal and with the
general descriptions contained in testimony in the legislative hearings that took place over the
last few weeks.
Commencing with effectiveness of the bill, (the day the Governor signs the bill) all
redevelopment activity would be suspended except paying existing debt obligations. The
Redevelopment Agency would then be abolished effective July 1, 2011 and all of the
Redevelopment Agency's assets and obligations would be turned over to a successor agency.
This new successor agency would be charged with the disposition of the former Redevelopment
Agency's assets, including its cash and land held for planned projects. The State is seeking to
capture $1.7 billion of redevelopment funds the first year and will look to the successor agency's
board to sell off redevelopment owned land and other tangible assets to obtain the funds they
hope to attach. The Cooperation Agreement is intended to protect our local assets.
S:Wdmins\City Council\City Council Admins 2011\RDA Land Transfer.Doc
March 4, 2011 1:28 PM
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ADMINISTRATIVE REPORT Page 2
The City Council and Redevelopment Agency have both taken previous actions intended to
protect the Redevelopment Agency's cash that has been committed to projects underway. The
Cooperation Agreement under consideration is intended to protect the Redevelopment Agency
owned properties acquired in recent years that were planned for future mixed use and
commercial development. The Cooperative Agreement calls for transferring these parcels to the
City to be held for future disposition to a developer. It is critical that local land use control be
maintained for these properties in order to achieve the redevelopment plans desired by the
community and the City.
The Bakersfield Redevelopment Agency will consider approval of the Cooperation Agreement
and adoption of a Resolution approving the transfer of the properties at a special meeting to be
held on March 7, 2011. Attached is the list of parcels proposed for transfer from the
Redevelopment Agency to the City.
S: \Admins\City Council\city Council Admins 2011 \RDA land transfer.doc
3/4/2011 1:28 PM
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ADMINISTRATIVE REPORT
10
MEETING DATE: March 9, 2010 AGENDA SECTION: Reports
ITEM: 15 .Gt.,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 2, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: City Council Goals Update
RECOMMENDATION: Staff recommends Council review the attached Goals and
Highlights/Accomplishments. The Goals will be brought back at a later date for consideration of
updates.
BACKGROUND:
Attached is the most recent update of the City Council Goals, as adopted by the City Council
on January 4, 2010. Three documents are included with this administrative report:
• The goals in a summary format, showing the major goals and the subcategories that
describe further definition of each goal.
• The goals, showing the major goals, subcategories and the specific targeted actions to
meet each goal. The Guiding Principles are also included at the end of this document.
• A report describing the accomplishments and progress made towards each of the goals
that were adopted in 2010. This is a detailed report that was prepared with review and
input from the Department Heads, who have contributed to the update.
Staff will also provide a powerpoint presentation, focusing on the significant items included
in the Highlights and Accomplishments report.
The City Council Goals provide policy guidance to staff for budgetary and program
implementation. This information and the presentation at the City Council meeting are intended
to be the first step in the review and update of the goals. The Council may choose to further
update the goals or make additional modifications, as desired, at a later date.
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March 3, 2011, 11:03AM
PAAdminReports&Re1ated\Adm-2011 Wdmin-CityCouncilGoalsUpdate-03091 1.doc
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BAKERSFIELD CITY COUNCIL
a MINUTES
~qLl' ;L MEETING OF FEBRUARY 16, 2011
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 Couch,
Councilmembers Salas, Benham, Weir,
Hanson, Sullivan (seated at 5:16 p.m.),
Johnson
Absent: None
2. INVOCATION by Minister Gurujoda S. Khalsa, Guru
Ram Das Gudwara.
3. PLEDGE OF ALLEGIANCE by Hannah Judd, 4t" grade
student at Ronald Reagan Elementary School.
Mayor Hall acknowledged the political science class from
Bakersfield College in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of
Appreciation to Dena Smith acknowledging her
selection as the Yard of the Quarter recipient.
Ms. Smith accepted the Certificate of Appreciation as
well as a gift certificate from Reimer's Garden Center.
b. Presentation by Mayor Hall of a Proclamation to
a representative of the Military Order of the
Purple Heart, declaring February 19, 2011,
Bakersfield Military Ball Day in the City.
Leon Thomas accepted the Proclamation, made
comments, and introduced David Jackson, Chairman
of the Ball Committee, who presented a ticket for the
Military Ball to Mayor Hall, and extended an invitation
to the City Councilmembers to attend.
Bakersfield, California, February 16, 2011 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. Jimmy laccino spoke regarding a neighbor's
barking dog that has been ongoing for a year
without resolution by Animal Control.
Councilmember Sullivan referred this matter to staff.
b. Jayson Mixon spoke regarding the Bakersfield
Liberty Tree Dedication on Saturday, February
19th, at 10:00 a.m., next to the Veterans
Memorial, and invited everyone to attend.
C. Marvin Dean spoke regarding redevelopment
project funding action being taken later in
tonight's meeting.
6. WORKSHOPS
a. Review of retiree medical liabilities and annual
valuation report.
Assistant to the City Manager Teglia made staff
comments and introduced Mr. Tom Morrison.
Tom Morrison, Senior Vice President with The Segal
Company, made a PowerPoint presentation and
provided a handout.
Councilmember Weir asked staff to analyze the Segal
report and come back to the Council with a report or
memo regarding what the process might look like if
the Council was to explore the recommendations that
are included In Segal's report.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 2, 2011
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
January 21, 2011 to February 3, 2011 in the
amount of $13,239,173.28 and self-insurance
payments from January 21, 2011 to February 3,
2011 in the amount of $94,725.58.
Bakersfield, California, February 16, 2011 - Page 3
8. CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
C. First Reading of Ordinance amending Section FR
17.10.040 of the Municipal Code (R-1 One-
Family Dwelling Zone) reducing the front yard
from 25 feet to 20 feet; and, Section 17.61.032
B.6. (Landscape Standards) adding language
related to landscaping along slopes.
Resolutions:
d. Resolution authorizing the transfer of unclaimed RES 010-11
money ($66,576.59) from the Escheat Trust
Account to the General Fund.
e. Resolution amending the official list of RES 011-11
designated speed zones, pursuant to Section
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
f. Resolution confirming approval by the City RES 012-11
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and the demolishment
of dangerous buildings and authorize collection
of the assessments by the Kern County Tax
Collector.
Agreements:
g. Final Tract Map and Improvement Agreement AGR 11-013
with Summit Venture Capital, LLC. (owner) and
John Balfanz Homes, Inc. (developer) fro Tract
6364 Phase 5 located west of Allen Road and
north of Reina Road.
h. Joint Use and Utility Agreement with Pacific Gas AGR 11-014
and Electric Co. ($24,763) for utility pole AGR 11-015
relocations on McCutchen Road between
Gosford Road and Ashe Road.
i. Settlement and Mutual Release Agreement AGR 11-016
with Arch Insurance Co. ($105,000.53) to
facilitate completion of Pavement
Rehabilitation 2009 Phase 2 Ashe Road: White
Lane to Ming Avenue Project.
Bakersfield, California, February 16, 2011 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
j. Amendment No. 4 to Agreement No. WR06-035 AGR 11-017
with Live Oaks Associates, Inc. ($25,600; revised
not to exceed $70,885) to conduct years six
and seven of Buena Vista Lake Shrew Habitat
Monitoring for the Kern Fan Water Recharge
Area located in the City's 2800 Acre Facility.
k. Amendment No. 1 to Agreement No. 10-058 AGR 10-058(1)
with Gilliam & Sons, Inc. ($525,000; revised not
to exceed $910,452) for earthmoving and
hauling.
1. Amendment No. 1 to Agreement No. 10-150 AGR 10-150(1)
with Quad Knopf, Inc. ($24,746.50; revised not
to exceed $74,596.50) for additional
environmental services and site monitoring
during construction of the Kern River Upland
and River Edge Restoration Project.
M. Amendment No. 3 to Agreement No. 06-173 AGR 06-173(3)
with Columbus Haven, LP (not to exceed
$2,181,630.59 [$255,000 - Community Housing
Development Organization funds and
$1,245,000 - Home Investment Partnership
funds]) for eligible construction costs of 56
affordable multi-family and emancipated foster
youth units located at 500 W. Columbus
Avenue.
n. Amendment No. 1 to Agreement No. 07-222 AGR 07-222(1)
with HNTB Corp. ($957,057; revised not to
exceed $4,345,557) for engineering design
services for the Rosedale Highway Widening
Project.
Bids:
o. Riding Mulching Lawn Mowers for Recreation &
Parks Department:
1. Accept bid from Kern River Power
Equipment, Inc. ($77,335.97 [$51,081.01
for four replacement 60" lawn mowers -
$26,254.96 for two additional 72" lawn
mowers]).
Bakersfield, California, February 16, 2011 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.o. continued
2. Appropriate $51,081 Equipment
Management Fund Balance to the
Equipment Division Operating Budget for
the replacement of four 60" lawn
mowers and appropriate $26,255 Capital
Outlay Fund Balance to the Equipment
Division Capital Budget for the purchase
of two additional 72" lawn mowers.
Miscellaneous:
P. Acceptance of Audit Reports for Fiscal Year
ended June 30, 2010:
1. Comprehensive Annual Financial Report
(CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of
Federal Expenditures for the City.
4. Independent Auditor's Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan.
5. Independent Auditor's Report on
Appropriations Limit Worksheet (GANN
Limit) of the City.
6. Independent Auditor's Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Brighthouse Networks Amphitheatre.
q. Grant of Easement to California Water Service DEED 7433
Co. for a pipeline at 500 19th Street (Central
Park).
r. Department of Housing and Urban
Development (HUD) Action Plan Amendment
No. 4 (FY 10/11) and Consolidated Plan 2010
Substantial Amendment for Neighborhood
Stabilization Program funds.
Bakersfield, California, February 16, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.r.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering RES 013-11
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. (Staff recommends adoption
of resolution.)
b. Public Hearing to consider Resolution to alter RES 014-11
Agricultural Preserve No. 1 to include 19.55
acres located north of Engle Road and west of
Stine Road and 237.27 acres located north of
Kratzmeyer Road and west of Santa Fe Way.
(Staff recommends adoption of resolution.)
C. Public Hearing to consider Resolution approving RES 015-11
the provision of assistance by the Bakersfield
Redevelopment Agency in accordance with
Health and Safety Code Section 33445 for the
installation of public improvements to the
Rabobank Arena and Convention Center and
the 18th and Eye Street Parking Structure. (Staff
recommends adoption of resolution.)
d. General Plan Amendment/Zone Change
No. 10-0479; Hendrick Engineering, representing
Mesa Marin, LLC (property owner) has applied
for a general plan amendment and zone
change on 19.45 acres generally located along
the north side of Kern Canyon Road (State
Highway 184) approximately 2,000 feet
southwest of the intersection of Kern Canyon
Road and State Highway 184. (Staff
recommends adoption of ordinance and give first
reading to ordinance.)
Bakersfield, California, February 16, 2011 - Page 7
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.d. continued
1. Resolution approving the Negative RES 016-11
Declaration and adopting the general
plan amendment changing the land use
designation from LR (Low Density
Residential) to HMR (High Medium
Density Residential) on 19.45 acres.
2. First Reading of Ordinance approving FR
the Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code from R-1 (One Family
Dwelling) to R-2/PUD (Limited Multiple
Family Dwelling/Planned Unit
Development) on 19.45 acres.
e. General Plan Amendment/Zone Change
No. 10-0488; Scott Underhill, representing
Wible Investors Il, LLC, et al (property owner)
has applied for a general plan amendment
and zone change on approximately 18 acres
generally located north of Taft Highway (State
Route 119) and west of Wible Road. (Staff
recommends adoption of ordinance and give first
reading to ordinance.)
1. Resolution approving the Negative RES 017-11
Declaration and adopting the general
plan amendment changing the land use
designation from LR (Low Density
Residential) to LMR (Low Medium Density
Residential) on approximately 8 acres,
OC (Office Commercial) on
approximately 6 acres and GC (General
Commercial) on approximately 4 acres.
2. First Reading of Ordinance approving FR
the Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code from R-1 (Single Family
Dwelling) to R-2 (Limited Multiple Family
Dwelling) on 7.81 acres, C-O
(Professional and Administration Office)
on 5.89 acres and C-2 (Regional
Commercial) on 3.64 acres.
Consent Calendar Public Hearings opened at
6:16 p.m.
Bakersfield, California, February 16, 2011 - Page 8
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
No one spoke.
Consent Calendar Public Hearings closed at 6:16 p.m.
Motion by Vice-Mayor Couch to adopt Consent
Calendar Public Hearing items 9.a. through 9.e. APPROVED
10. DEFERRED BUSINESS
a. 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.
Deputy City Clerk Lawrence announced that
correspondence was received from Michael Daillak
removing his objection to the hospital's original
request.
Public Works Director Rojas made staff comments and
recommended adoption the Resolution of Intention.
Motion by Councilmember Benham to approve staff APPROVED
recommendation.
11. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 6:19 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7.18 p.m.
RECONVENED MEETING AT 7:28 p.m.
12. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
13. HEARINGS
None.
Bakersfield, California, February 16, 2011 - Page 9
14. REPORTS ACTION TAKEN
a. Mid-Year Budget Adjustments:
1. Appropriate $750,000 Federal (FEMA)
disaster recovery revenue; appropriate
$187,500 State (Cal-EMA) disaster
recovery revenue; and, appropriate
$462,500 City Fund Balance to various
funds and departments to fund
unanticipated emergency response
costs and related repair work necessary
due to the Winter Storm December 2010
event (estimate costs of event total
$1,400,000).
2. Appropriate $1,000,000 PG&E Rebate
revenue and $1,600,000 Wastewater
Fund Balance to the Public Works
Operating Budgets within the
Wastewater Funds (Plants 2 & 3) to cover
increased plant operating costs.
3. Appropriate $160,000 Federal Grant
Revenue and $74,750 General Fund
Balance to the Fire Department
Operating Budget within the General
Fund to reconcile staffing reduction
actions taken earlier in the fiscal year.
4. Transfer $10,656 from Assessment District
No. 05-3 (Liberty II/Village Green/Tesoro-
Encanto/Lin/Rider/ Diamond Ridge) to
Assessment District No. 05-1 (City in the
Hills) to correct a revenue coding error
made in a prior fiscal year.
Finance Director Smith gave the report, and
recommended approval of appropriations and
transfer of funds.
Motion by Vice-Mayor Couch to accept the Report APPROVED
and implement staff recommendations.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on New Business items
15.a. through 15. f.; and he left the meeting.
Bakersfield, California, February 16, 2011 - Page 10
15. NEW BUSINESS ACTION TAKEN
Redevelopment agenda items (New Business 15.a.
through 15.f).
a. Mill Creek Sister City Gardens Phases I & II and
Mill Creek Plaza Mill House:
1. Resolution authorizing execution of RES 018-11
Agreement with Bakersfield
Redevelopment Agency for repayment
of costs incurred by the City associated
with certain Agency funded Capital
Improvements (Old Town Kern- Pioneer
Redevelopment Project Area).
2. Agreement with Bakersfield AGR 11-018
Redevelopment Agency ($1,474,451)
(Old Town Kern-Pioneer Redevelopment
Project Area).
3. Appropriate $530,000 Old Town Kern
Redevelopment Fund Balance to the
Capital Improvement Budget within the
Old Town Kern Redevelopment
Operating Fund for the Mill Creek Sister
City Gardens Phases I & II and Mill Creek
Plaza Mill House.
b. South Millcreek Commercial Village:
1. Resolution authorizing execution of RES 019-11
Agreement with Bakersfield
Redevelopment Agency for repayment
of costs incurred by the City associated
with certain Agency funded Capital
Improvements (Southeast Bakersfield
Redevelopment Project Area).
2. Agreement with Bakersfield AGR 11-019
Redevelopment Agency ($325,744)
(Southeast Bakersfield Redevelopment
Project Area).
3. Appropriate $325,744 Southeast
Redevelopment Fund Balance to the
Capital Improvement Budget within the
Southeast Redevelopment Operating
Fund for the South Millcreek.
Bakersfield, California, February 16, 2011 - Page 11
15. NEW BUSINESS continued ACTION TAKEN
C. Bakersfield Redevelopment Agency Down
Payment Assistance Programs:
1. Resolution regarding the use of housing RES 020-11
set aside monies (Parkview Cottages
Down Payment Assistance Program, Old
Town Kern-Pioneer Redevelopment
Project Area) outside the Downtown
Redevelopment Project Area.
2. Resolution regarding the use of housing
set aside monies (Creekview Villas Down RES 021-11
Payment Assistance Program, Southeast
Bakersfield Redevelopment Project
Area) outside the Downtown
Redevelopment Project Area.
3. Appropriate $225,000 Old Town Kern
Redevelopment Project Area Low-Mod
Fund Balance to the Operating Budget
within the Low-Mod Housing Fund for
Parkview Cottages Down Payment
Assistance Program.
4. Appropriate $245,000 Southeast
Redevelopment Project Area
Low-Mod Housing Fund Balance
to the Operating Budget within
the Low-Mod Fund for Creekview
Villas Down Payment Assistance
Program.
5. Appropriate $465,000 Downtown
Redevelopment Project Area
Low-Mod Fund Balance to the
Operating Budget within the Low-
Mod Housing Fund for Creekview
Villas Down Payment Assistance
Program.
d. Transfer $395,000 in bond proceeds from
property acquisition within the Capital
Improvement Budget in the Old Town Kern
Redevelopment Fund for 18'" Street Water Main
and Line Extension Project in the vicinity of
Central Park.
Bakersfield, California, February 16, 2011 - Page 12
15. NEW BUSINESS continued ACTION TAKEN
e. Appropriate $469,256 Southeast
Redevelopment Fund Balance to the Capital
Improvement Budget within the Southeast
Redevelopment Operating Fund for South
Millcreek Street Improvements.
f. Rabobank Convention Center & Arena
Complex and 18th & Eye Street Parking
Structure:
1. Appropriate $267,700 Downtown
Redevelopment Fund Balance to the
Capital Improvement Budget within the
RDA Downtown Operating Fund
regarding proposed capital
improvements and equipment
replacement at the Rabobank
Convention Center and Arena Complex.
2. Transfer $285,000 from the Operating
Budget to the Capital Improvement
Budget within the RDA Downtown
Operating Fund regarding proposed
capital improvements and equipment
replacement at the Rabobank
Convention Center and Arena Complex
and the 18th and Eye Street Parking
Structure.
3. Amendment No. 1 to Agreement AGR 10-114(1)
No. 10-114 with Leverage Information
Systems, Inc. ($35,526.62; revised not to
exceed $350,000) to expand the scope
of work to include the installation of four
video surveillance cameras at the 18th
and Eye Street Parking Structure.
Economic Development Director Kunz gave a
PowerPoint presentation and made staff comments
regarding New Business items 15.a. through 15.f. She
recommended adoption of resolutions and approval
of agreements and appropriations with regard to
items 15.a. and 15.b.; adoption of resolutions and
approval of appropriations with regard to item 15.c.;
approval of transfer with regard to item 15.d.;
approval of appropriation with regard to item 15.e.;
and approval of appropriation, transfer and
agreement with regard to item 15.f.
Bakersfield, California, February 16, 2011 - Page 13
15. NEW BUSINESS continued ACTION TAKEN
Motion by Councilmember Hanson to adopt New APPROVED
Business items 15.a. through 15.f. ABS COUCH
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson asked staff to report back to
Council as to when a decision might be reached and
what action the City might possibly consider regarding
the prevailing wage Issue currently In the courts.
Councilmember Hanson referred to the Planning and
Development Committee the Issue of reducing, on a
temporary basis, traffic impact fees.
Councilmember Hanson advised he had been
contacted by several constituents regarding the
increase in cable television rates and asked about the
feasibility of exploring other companies.
City Manager Tandy responded that the City used to
have a degree of rate control with respect to cable
television; however, that was removed by the Federal
Government a decade or more ago. He further
advised that the City has non-exclusive franchise
agreements, so others can come in and enter into a
non-exclusive franchise agreement and use our streets
and rights-of-way for the same purpose, but there is a
massive cost associated with installing their own cable
and disrupting all of the streets in order to bury that
cable; therefore, the alternate technologies (satellite,
telephone company, etc.) are probably realistic as
the only alternates that are very likely to appear here.
Councilmember Weir inquired about the status of a
referral he made a couple of months ago that was
similar to Councilmember Hanson's regarding traffic
impact fees.
City Manager Tandy responded it is actively being
researched and the response will be combined with
Councilmember Hanson's.
Councilmember Weir thanked Planning Director
Eggert, former Planning Director Movius, City Manager
Tandy and City Attorney Gennaro for being
instrumental in putting together the Northeast
Community Concept that was adopted under Consent
Calendar Item 8.c., and which he feels will do a
tremendous amount of good for development and
other opportunities that come into that area.
Bakersfield, California, February 16, 2011 - Page 14
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan referred to the Legislative and
Litigation Committee the Issue of where mobile food
providers can park to sell their merchandise.
Councilmember Sullivan asked staff to review the
matter of flower vendors on the street corners and
whether they need to have a license to sell the flowers
If they are In pots of wafer.
Councilmember Sullivan announced she stopped by
Hall Ambulance's 40-year anniversary celebration
and thought it was a very nice event.
Councilmember Sullivan commended the Board of
Supervisors for voting in favor of displaying our
National motto in their County chamber, and pointed
out that Kern is the first county in the Nation to display
the motto as well as having all of its cities displaying
the motto.
Councilmember Johnson asked staff to provide a
budget update, specifically a department-by-
department rundown of current revenues,
expenditures, expected expenditures, and
anticipated budget savings; and he would like that to
come back to Council at a workshop on March 30th.
Mayor Hall asked staff to check Into how much money
it Is costing the City every year to provide police
ofcers as witnesses for court proceedings and
suggested finding a way to work with the courts, the
District Attorney's Office and the Public Defender's
Office to decrease those costs; and he would like it
brought back at the same time as the workshop on
the budget update on March 30th.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:10 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield