HomeMy WebLinkAbout06/08/11 CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JUNE 8, 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 Richard Thompson, First United Methodist Church.
3. PLEDGE OF ALLEGIANCE by Emily Fick, 2nd grade student at Almondale Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation declaring June 9, 2011, Dr. Hans
Einstein Day.
b. Presentation by Raul Rojas, Public Works Director, to City Council of awards received
for the Wastewater Treatment Plant No. 3 Expansion Project.
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Department Budget Presentations:
1. Water Resources
2. Rabobank Arena, Theater and Convention Center
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 18, 2011 Regular City Council Meeting.
Payments:
b. Receive and file department payments from May 5, 2011 to May 25, 2011 in the
amount of $14,142,608.71 and self-insurance payments from May 6, 2011 to
May 25, 2011 in the amount of $124,526.52, totaling $14,267,135.23.
Ordinances:
Resolutions:
C. Resolution adopting a policy regarding a cash basis reserve fund. (Budget & Finance
Committee)
d. Resolution adopting a policy regarding a pension stabilization fund. (Budget &
Finance Committee)
8. CONSENT CALENDAR continued
(Ward 6) e.
Resolution to add territory, Area 2-47 (5001 Ming Avenue) to the Consolidated
Maintenance District and preliminarily approving, confirming and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector.
(Word 1) f.
Resolution to add territory, Area 4-101 (117 N Street) to the Consolidated
Maintenance District and preliminarily approving, confirming and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector.
g.
Resolution adopting sewer connection fees pursuant to Section 14.12.380 of the
Municipal Code.
h.
Resolution providing for the collection of residential refuse fees by the Kern County
Auditor-Controllers's Office.
I.
Resolution providing for the collection of residential blue cart recycling fees by the
Kern County Auditor-Controller's Office.
J.
Delinquent refuse and sewer charges on FY 11 /12 property tax rolls:
1. Resolution providing for the collection of delinquent refuse fees by the Kern
County Auditor-Controller's Office.
2. Resolution providing for the collection of delinquent sewer fees by the Kern
County Auditor-Controller's Office.
(Ward 2) k.
Sewer connection fee assessments for 620 Palo Verde Avenue:
1. Resolution confirming the assessments for sewer connection fee and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Sergio Jara for Virote Holdings, LLC to pay sewer connection
fee in installments and notice of special assessment lien.
Agreements:
1.
Agreement with Duane Morris, LLP ($5,000 per month; not to exceed $65,000) to
provide legal service on a variety of miscellaneous and routine water issues that arise
in the daily operations of Water Resources.
M.
Agreements with the following for outside legal services in various matters:
1. Caswell, Bell & Hillison ($100,000) for general Assessment District matters.
2. Caswell, Bell & Hillison ($100,000) for Assessment District Foreclosure (AD 05-
1 /City in the Hills).
3. Clifford & Brown ($75,000) for general miscellaneous issues.
4. Clifford & Brown ($75,000) for general personnel issues.
5. Clifford & Brown ($100,000) for Derek Lyons v. City.
n.
Agreement with Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed
$150,000 per year for 2 year term) for Workers' Compensation legal services.
2 City Council Meeting of 06/08/2011
8. CONSENT CALENDAR continued
o. Agreement with Definiti Healthcare Management (not to exceed $200,000 per year
for 2 year term) for Workers' Compensation bill review services.
(Ward 4) p.
Agreement with City of Shaffer for operation and maintenance of traffic control
signal and lighting systems at intersections of joint City of Bakersfield and City of
Shaffer jurisdictions.
q.
Agreement with State of California Department of Public Health and U.S.
Department of Housing and Urban Development ($375,881) for Housing
Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA).
r.
Amendment No. 1 to Agreement No. F10-015 with Wholesale Fuels Inc. ($40,000;
revised not to exceed $80,000 and extends term 1 year) to supply propane.
(Ward 4) s.
Kern River Canal adjacent to Pioneer Central and Pioneer South spreading facilities;
1. Reimbursement Agreement with Kern County Water Agency (not to exceed
$125,000) for repair of damages to the Kern River Canal.
2. Appropriate $125,000 Miscellaneous Revenue from Kern County Water
Agency to the Water Resources Department Operating Budget within the
Agricultural Water Fund for reimbursement of repairs to the Kern River Canal.
(Ward 2) t.
Amendment No. 5 to Agreement No. 97-181 with Flying Puck, LLC (Bakersfield
Condors) to extend the term of lease at Rabobank Arena for an additional 7 years.
(Ward 2) U.
Amendment No. 1 to Agreement No. 10-080 with Pacific Building Care ($43,372;
revised not to exceed $86,744 and extends term 1 year) for janitorial maintenance of
City Hall North.
V.
Amendment No. 1 to Agreement No. 10-106 with Toter, Inc. ($542,224.25; revised not
to exceed $1,084,448.50 and extends term 1 year) for trash carts.
W.
Amendment No. 5 to Agreement No. 06-219 with Ameripride Uniform Services (no
increase in amount, extends term 1 year) for industrial laundry services.
X.
Amendment No. 1 to Agreement No. 10-107 with Kern Sprinkler Landscaping, Inc. (no
increase in amount, extends term 1 year) for landscape and irrigation services.
(Ward 6) Y.
Amendment No. 2 to Agreement No. 90-279 with Nextel Spectrum Acquisition Corp.
(increase rent and extends term) for radio tower lease at 8101 Ashe Road.
Z.
Amendment No. 2 to Agreement No. 09-081 with County of Kern ($338,110; revised
not to exceed $997,210, and extends term 1 year) for animal control services.
(Ward 7) aa.
Contract Change Order No. 1 to Agreement No. 10-160 with Loop Electric Inc.
($29,928.33; revised not to exceed $227,782.59) for the Traffic Signal & Lighting
System-South H Street and Hosking Road Project.
Bids:
bb.
Reject all bids for mobile command unit for the Fire Department.
cc.
Accept bid and approve annual contract with Spence Spraying Service ($42,500) for
chemical application for Water Resources.
3 City Council Meeting of 06/08/2011
8. CONSENT CALENDAR continued
(Ward 2) dd. Q Street Streetscape Improvements from Truxtun Avenue to 24m Street Project:
l . Accept base bid and additive alternate No. 1 and approve contract with
Kern Pacific Construction ($4,933,760.45) for construction of project.
2. Agreement with Central Valley Independent Network (estimated cost
$54,000) for reimbursement of costs for installation of conduit for fiber optic
cables in Q Street.
3. Appropriate $54,000 Other Agency Share of Project Cost to Public Works
Department Capital Improvement budget to reimburse City for fiber optic
cable to be installed by contractor on behalf of Central Valley Independent
Network within the Proposition 1 C-Mill Creek Fund.
4. Transfer $575,600 from the Mill Creek Linear Park Plaza Project to the Q Street
Improvement Project within the Capital Improvement budget within the Old
Town Kern Redevelopment Fund.
Miscellaneous:
ee. Authorize Finance Director to write off accounts receivable in various funds totaling
$94,715.36 and forward non bankrupt accounts to a collection agency for additional
collection efforts.
(Word 3) ff. Appropriate $3,098,550 in Federal SAFETEA-LU funds to the Public Works Capital
Improvement budget within TRIP for the SR 178 Widening Project.
(Word 7) gg. Traffic Signal & Lighting System Installation at the Intersection of McKee and South H
Street Project:
1. Appropriate $161,110 Federal Congestion Management Air Quality funds to
the Public Works Department Capital Improvement budget within the
SAFETEA-LU Fund for project.
2. Appropriate $25,000 Transportation Development balance to the Public Works
Department Capital Improvement Budget for the local share of project.
Staff recommends adoption of Consent Calendar items 8.a. through 8.gg.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for the Consolidated Maintenance District and the 2011-2012
budget, confirming the park landscaping assessments and authorizing collection of
assessments by the Kern County Tax Collector. (Staff recommends overriding protests
and adoption of resolution.)
b. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for the Consolidated Maintenance District and the 2011-2012
budget, confirming the street landscaping assessments and authorizing collection of
assessments by the Kern County Tax Collector. (Staff recommends overriding protests
and adoption of resolution.)
4 City Council Meeting of 06/08/2011
9. CONSENT CALENDAR PUBLIC HEARINGS continued
c. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for seventeen (17) Traffic Signal Maintenance Districts and the 2011-
2012 budgets, confirming the assessments and authorizing collection of assessments
by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of
resolution.)
d. Public Hearing to consider the following Resolutions for FY 2011-12 (proposed 2.5%
rate increase) (Staff recommends adoption of resolutions):
1. Resolution establishing sewer and storm sewer service user charges.
2. Resolution establishing industrial and commercial sewer service user
surcharges. (Hearing opened and continued at 04113111 meeting.)
10. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter)
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9 regarding Erica Morataya, et al v. City - KCSC
Case No. S-1500-CV-267729 WDP.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. REPORTS
a. Department Budget Presentations:
1. Recreation and Parks
2. Economic and Community Development
13. HEARINGS
a. Public Hearing for the Fiscal Year 2011-2012 Operating, Bakersfield Redevelopment
Agency and Capital Improvement Program Budgets.
Staff recommends Council hear public testimony.
b. Public Hearing to consider the following Resolution regarding a request by taxicab
companies to alter the current rate schedule.
1. Resolution establishing taxicab service charges.
Staff recommends Council receive public comment and adopt resolution.
5 City Council Meeting of 06/08/2011
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
6/2/11 8:30am
6 City Council Meeting of 06/08/2011
AGENDA HIGHLIGHTS
June 8, 2011 COUNCIL MEETING
The Water Resources Department and Rabobank Arena, Theater and Convention Center staff
will provide a detailed overview of their FY 2011/12 proposed budgets. The Recreation and
Parks, and Economic and Community Development Departments will follow later on the
agenda, under Reports.
Items Sc. and 8d. Policies regarding a ash Basis Reserve Fund and Pension Stabilization Fund.
These two items are recommendations from the Budget and Finance Committee In response to
two separate referrals regarding the topics above. The first Resolution formalizes current
practices related to the Cash Basis Reserve Fund; including retaining earned interest in the fund
each year and directing the City Manager to make recommendations to the Council regarding
additional deposits into the Cash Basis Reserve each year, when financial conditions allow. The
second Resolution requires the City Manager to calculate and track a ten-year rolling average
of the City's total CaiPERS costs. If in any year the City's contributions fall below the rolling ten-
year average, the City Manager will make recommendations to the Council related to
suggested amounts for deposit into a Pension Stabilization Fund, which will be created at that
point in time.
0
item 8cc. 0 Street Streetscaoe Iml2rovements from Truxtun Avenue to 24th Street. This project
consists of constructing new curbs, gutters, sidewalks, median islands, and reconstructing the
roadway on Q Street from south of Truxtun Avenue to 24th Street. Also included will be upgrades
to the traffic signals and crosswalks, and improvements to the storm drain and sanitary sewers
from Truxtun Avenue to 22nd Street.
Three bids were received, all of which were deemed acceptable. The low bid was submitted
by Kern Pacific Construction (KPC) in the amount of $4,933,760.45. Two protest letters were filed
regarding KPC and the bid documents they submitted. The specific issues raised, and staff's
corresponding comments, are listed in the administrative report. Staff met with KPC, who also
provided formal written responses to address the concerns. Based upon staff's review of the
protest letters and responses, staff finds that KPC is responsive, and, therefore, recommends
award of the contract to KPC.
Additive Alternate No. 1 will construct fiber optic conduits and pull boxes in a joint trench with
the City's electrical and traffic interconnect under the east sidewalk area from 24th Street to
Beale Memorial Library. The cost is $54,000, and will initially be paid by Proposition 1 C "Infill
Infrastructure Grant Program." The funds will be reimbursed by the Central Valley Independent
Network. Staff is requesting that Council not only approve Additive Alternate No. 1, but also a
reimbursement agreement with this firm.
Included in this action is a recommendation to transfer $575,600 from the Mill Creek Linear Park
Plaza project to the Q Street Improvement project. Sufficient funds will remain to complete the
Mill Creek Linear Park Plaza project as originally planned.
Items 9a., b. and c. Protest Hearings regarding Park and Street Landscal2ino, and Traffic Signal
Consolidated Maintenance Districts. On May 18, 2011, Council approved a resolution
preliminarily adopting, confirming and approving the Public Works Director's Report, the Park
and Street Landscaping, and Traffic Signal Consolidated Maintenance District budgets. These
hearings provide an opportunity for the public to protest the fairness and amount of the
assessments, and the reservation of the City to either perform necessary maintenance itself or
by use of a contractor. The documentation containing the specific assessment formulas are
attached to each administrative report.
Hsm 9d. Hearing regarding Sewer Service User Charges for FY 2011-12. This item covers both
residential and commercial sewer user fees, which are adopted annually to cover operating
costs and maintenance for the sewer treatment plants and existing sewer collection system.
Staff proposes to increase the fee for a single-family dwelling by 2.5%. An analysis is attached to
the administrative report that shows that even with the proposed increase, Bakersfield's sewer
user rates remain the lowest in a comparison with other cities.
Staff also recommends increasing the fee for commercial and industrial users by 2.5%. In
addition to an annual flat rate sewer fee, a monthly surcharge is assessed if flow and sewer
strength for commercial/industrial users exceeds the baseline amount. Adjustments to the
surcharge are based on annual operating costs, capital improvement costs related to
sewer/storm water collection systems and wastewater treatment plants, and the daily design
capacity of the system. This component was brought before Council on April 13, 2011, when it
was continued to June 8, 2011. Contained within the administrative report is more detailed
information regarding this proposed increase.
Two protest letters and nine calls in opposition to the proposed increase were received as of
June 2, 2011.
There will be a conference with legal counsel regarding one matter of potential litigation and
one matter of existing litigation.
As previously referenced, the Recreation and Parks, and Economic and Community
Development Departments will provide a detailed overview of their FY 2011 /12 proposed
budgets.
HEARINGS
Agenda Highlights - June 8, 2011 Council Meeting
Page 2
Item 13a. Fiscal Year 2011-12 Operating,. Bakersfield Redevelopment Agency and Capital
Improvement Program Budgets. The FY 2011-12 Budget is proposed at $436,345,000, which is
comprised of a $361,215,123 Operating Budget, $17,429,895 Bakersfield Redevelopment
Agency Budget and a $57,699,892 Capital Improvement Budget.
Item 13b. Taxicab Service Charges. The City received a request from several local taxicab
companies to increase local taxicab rates. The Municipal Code requires these companies to
submit their proposed rates to the City and for a Public Hearing to be conducted within a
prescribed period of time. The Administrative Report provides information related to current
rates, proposed rates by the local taxi companies and staff recommended rates. The staff-
recommended rates are slightly lower in a couple categories, but reflect what staff believes to
be an appropriate increase. The last rate increase was approved in November of 2005.
Approved:
Alan Tandy, City Manager -4~~
AA- ~
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - June 8, 2011 Council Meeting
Page 3
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U O
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
May 25, 2011
Presentation by Mayor Hall of a Proclamation Declaring June 9th "Dr. Hans Einstein Day" in
Bakersfield.
ED
DEPARTMENT HEAD-(::W
W- W
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: June 8, 2011 AGENDA SECTION: Presentations
ITEM: , b,
TO
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD AL
CITY ATTORNEY Ilk
CITY MANAGER
Raul M. Rojas, Public Works Director
DATE: May 13, 2011
SUBJECT: Presentation by Raul Rojas, Public Works Director, to Bakersfield City Council of
awards received for the Wastewater Treatment Plant 3 Expansion Project.
RECOMMENDATION:
BACKGROUND: The City of Bakersfield received the following awards for the Wastewater
Treatment Plant 3 Expansion project.
Bun
American Society of Civil Engineers, Southern San Joaquin Branch of the Los
Angeles Section, 2010 Excellence Award
• American Council of Engineering Companies, 2011 California Engineering
Excellence Awards, Honor Award
• American Council of Engineering Companies, 2011 Engineering Excellence
Awards, National Recognition Award
• Construction Management Association of American, California Chapter, 2011
Project Achievement Award
Pacific Gas and Electric, PGLE Integration Award
G:\GR0UPDAT\ADMINRPT\2011 \06-08\WWTP_AWARDS.DOC
MEETING DATE: June 8, 201 1 AGENDA SECTION: Workshops
ITEM: U . a ,
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 18, 2011
SUBJECT: Fiscal Year 2011-2012 Proposed Budget
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Department Budget Presentations
a. Water Resources
b. Rabobank Arena, Theater and Convention Center
RECOMMENDATION:
BACKGROUND:
The Water Resources Department and Rabobank Arena, Theater and Convention
Center staff will provide a detailed overview of their FY 2011-12 proposed operating
budgets. The budget overview will include discussion regarding the goals,
accomplishments, and significant budget changes for the respective departments.
Ow:al
S:\11-12BUDPRO\Admin Reports\Budget Presentation 06.08.11 - WR, Rabobank.docx
MEETING DATE: June 8, 201 1 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
May 26, 2011
APPROVED
DEPARTMENT HEAD Af
CITY ATTORNEY
CITY MANAGER
Approval of Minutes of the May 18, 2011 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
I1W
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6. h
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 25, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from May 6, 2011 to May 25, 2011
in the amount of $14,142,608.71 and Self Insurance payments from May 6,
2011 to May 25, 2011 in the amount of $124,526.52, totaling $14,267,135.23.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
May 25, 2011, 3:OOPM
S:\Kim G\ADMIN\COUNCIL-ADMIN-AP-2011WDMIN-AP 060811.doC
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
. ITEM: $ C
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 26, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY VG"
CITY MANAGER
Resolution of the Council of the City of Bakersfield Adopting a Policy Regarding a Cash
Basis Reserve Fund.
RECOMMENDATION: Budget and Finance Committee recommend adoption of the resolution.
BACKGROUND: On March 30, 2011 Councilmember Couch made a referral to the Budget and
Finance Committee, requesting that they discuss the development of a long-term financial plan that
would set aside money through the budget process each year where the interest earnings could grow
and eventually help fund City operations.
The Budget and Finance Committee first reviewed this topic at their April 25, 2011 committee meeting
with follow-up discussion at their May 23, 2011 committee meeting. During these discussions the
conversations gravitated toward the City's General Cash Basis Reserve Fund, which has been in place
for many years to provide for General Fund cash flow needs that result from timing differences between
property tax receipts and operational expenses during the first five months of each fiscal year.
Staff advised that the interest earnings have accrued in this fund for at least the past ten years and that
money has been deposited into this account in past years to raise the balance when funds were
available for this purpose. Staff also advised the committee members that this practice had been a
prudent fiscal activity in accordance with Council guiding principles, but the practice was not associated
with a formal Council policy.
As a response to Councilmember Couches' referral item, the Budget and Finance Committee
requested that staff draft a Resolution to formalize the current practices into a policy document for the
consideration of the full Council.
If approved, the attached Resolution will formalize the current practices as follows:
1. Retain accrued interest in the Cash Basis Reserve fund to grow the fund each year; and
2. Direct the City Manager to make recommendations to the City Council regarding deposits of
additional monies into the Cash Basis Reserve fund when funds for such purpose may
become available given the financial condition of the City in any given fiscal year.
File name: s/admin/admin reports/reso on cash basis reserve june 2011.nks
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: OA
d.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: May 26, 2011
APPROVED
DEPARTMENT HEAD ,-✓S
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of the Council of the City of Bakersfield Adopting a Policy Regarding a
Pension Stabilization Fund pertaining to the City Retirement Programs held with
CalPERS.
RECOMMENDATION: Budget and Finance Committee recommend adoption of the resolution.
BACKGROUND: On March 30, 2011 Councilmember Johnson made a referral to the Budget and
Finance Committee, requesting that they discuss the establishment of a budget policy designed to set
aside funds in years where the City's annual payments to CalPERS fell below historic averages.
The Budget and Finance Committee discussed this topic at their May 23, 2011 committee meeting.
During these discussions the committee reviewed a ten year history of City costs and staff reported
estimates of future year costs. Based on current trends and future year projections from CalPERS, it
appears that it may be 15-20 years or more before annual costs might drop below a ten year average
amount. The current ten year average amount is $16,660,847 and the amount budgeted for fiscal year
2011-12 is $29,310,521.
The Committee requested that staff begin tracking a "ten year rolling average" of these annual costs.
They also requested that, at some point in the future when the annual budgeted payment to CalPERS
drop below this "ten year rolling average", that staff recommend some amount of money be set aside
for Council consideration.
As a response to Councilmember Johnson's referral item, the Budget and Finance Committee
requested that staff draft a Resolution to formalize the Committee recommendations into a policy
document for the consideration of the full Council. The committee members recognize that it may be
several years before this policy guideline is implemented.
File name: s/admin/admin reports/reso on pension stabilization fund june 2011.nks
A
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: S P,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 9, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to add territory, Area 2-47 (5001 Ming Avenue) to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector. (Ward 6)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On May 4, 2011, the Council adopted Resolution of Intention No. 1687 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
Consolidated Maintenance District and the estimated maximum
dwelling unit, a covenant has been drafted and wi
subdivider(s)/developer(s) to be recorded with the subdivision map.
ps
the inclusion of land in the
annual cost per equivalent
II be supplied to the
G:\GR0UPDAT\ADMINRPT\2011\06-08\CMD 2-47 Res Estab admin.docx
A
ADMINISTRATIVE REPORT
c
MEETING DATE: June 8, 201 1 AGENDA SECTION: Consent Calendar
ITEM: . f
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 9, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to add territory, Area 4-101 (117 N Street) to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector. (Ward 1)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On May 18, 2011, the Council adopted Resolution of Intention No. 1691 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.
Ns
G:\GR0UPDAT\ADMINRPT\2011\06-08\CMD 4-101 Res Estab admin.docx
MEETING DATE: June 8, 2011 AGENDA SECTION: ConY.&+ Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 16, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Adopting Sewer Connection Fees Pursuant to Section 14.12.380 of the
Bakersfield Municipal Code.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The Bakersfield Municipal Code (BMC) requires Sewer Connection Fees to be
established each fiscal year by resolution. The current fee is $4,000 per single family dwelling unit and
the one-time fee is collected at the same time building permit fees are paid.
Staff is recommending the sewer fee connection charges remain at their current levels for another
twelve months; thus no increases are being proposed at this time. The sewer connection fees collected
each year are used to help pay the annual debt service of the wastewater enterprise. For example, the
2011-12 proposed budget estimates that $3.0 million of connection fees will be collected and applied
toward the estimated $14.9 million of wastewater enterprise debt service. The balance of the debt
service will be paid with other revenues of the wastewater enterprise, including residential and
commercial user fees.
If approved, this resolution will keep the current sewer connection fee structure in place for the 2011-12
fiscal year.
nks
PABond IssuesWdmin - sewer connection fees reso 2011.doc -
May 25, 2006
MEETING DATE: June 8, 201 1 AGENDA SECTION: Consent Calendar
ITEM:
TO
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Raul M. Rojas, Public Works Director
DATE: May 23, 2011
SUBJECT: A Resolution providing for the collection of residential refuse fees by the Kern
County Auditor-Controller's Office. (All Wards)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: For the third straight year, staff proposes no increase to refuse rates for Fiscal Year
2011/12. Although, the refuse hauler's contract will increase by 1.8% (adjusted annually by the
Consumer Price Index), sufficient fund balance exists in the Refuse Fund to cover the increased
costs associated with the haulers' contract. In light of the present economic and employment
climate, staff proposes the use of Refuse Fund balance to avoid imposing a rate increase to the
general public.
However, in order for the County to add the residential accounts to the Fiscal Year 2011-2012 tax
roll, a new resolution from the City must be adopted by the City Council in order for the Kern
County Tax Auditor-Collector's Office to place residential refuse fees on next year's tax roll.
SW - 5/23/2011 9:20:46 AM
G:\GROUPDANIDMINRPT\2011\06-08\Solid Waste Admin Report Adoting 11-12 Rates.docSolid Waste Admin Report Adopting 11-12 Rates
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: , j,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 23, 2011
A Resolution for the collection of Residential Blue Cart Recycling Fees by the Kern
County Auditor-Controller's Office. (All Wards)
A P OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Staff proposes no increase to residential blue cart recycling fees for Fiscal Year
2011/12.
However, in order for the Kern County Auditor - Controller's Office to add the blue cart accounts
to the Fiscal Year 2011-2012 tax roll, a new resolution from the City must be adopted by the City
Council.
SW - 5/23/2011 10:01:09 AM
G:\GR0UPDAT\ADMINRPT\2011\08-08\Solid Waste Admin Report Blue Recycling. docSolid Waste Admin Report Blue Recycling
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Raul M. Rojas, Public Works Director
DATE: May 23, 2011
DEPARTMENT HEAD 14~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Collection of Delinquent Refuse and Sewer Charges by Kern County Auditor-
Controller's Office on Fiscal Year 2011 /12 Property Tax Rolls (All Wards):
1. A Resolution providing for the collection of delinquent refuse fees by the Kern
County Auditor-Controller's Office.
2. A Resolution providing for the collection of delinquent sewer fees by the Kern
County Auditor-Controller's Office.
RECOMMENDATION: Staff recommends adoption of Resolutions.
BACKGROUND: New refuse residential accounts are billed on the Kern County property tax roll at
the beginning of each fiscal year. In addition, new sewer residential and commercial accounts
are also billed on the Kern County property tax at the beginning of each fiscal year. However,
new accounts are added throughout the year which cannot be placed onto the tax roll until the
start of the next fiscal year. These prorated accounts are billed to the customer by the City.
Unfortunately, some of these bills remain unpaid and become delinquent. These Resolutions
transfer the collection of delinquent refuse charges (residential) and delinquent sewer charges
(residential and commercial) to the Kern County Auditor-Controller's Office. This in turn allows the
delinquent refuse fees to be collected on the County tax roll.
Following is additional information regarding the delinquent prorated charges:
1) Refuse: For many accounts, a prorated refuse fee is collected in advance before the
start of service. However, in some cases, refuse fees must be billed to the customer.
Unfortunately, some of these prorated billings remain unpaid and are now delinquent.
Out of approximately $125,000 billed for prorated services for new homes In Fiscal Year
2010/11, approximately $15,000 remains delinquent. Staff proposes to place these
delinquent charges on the Fiscal Year 2011 /12 property tax roll.
2) Sewer: Charges for residential and commerical sewer service which arise after the
County's property tax roll has been finalized are billed directly to the customer by the
City. Once an account reaches 120 days past due, a demand letter is issued to the
WWTP:rp - 5/23/2011 3:03:13 PM
G:\GROUPDATWDMINRPT\2011\06-08\Wastewater and Refuse Delinquent Accts-AdrnRpt-Rev-060811.doc
property owner. If the demand letter is returned without a forwarding address or if the
property is under foreclosure, the amount billed has historically been written off as
uncollectible. Out of approximately $116,000 billed for prorated services to new
properties throughout the year, approximately $19,000 remains delinquent. Staff
proposes to place these delinquent charges on the Fiscal Year 2011/12 property tax
roll.
rp
WWTP:rp - 5/23/20113:03:13 PM
G:\GROUPDATWDMINRPT\2011\06-08\Wastewater and Refuse Delinquent Accts-AdmRpt-Rev-06081 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 19, 2011
SUBJECT: Sewer connection fee assessments (Ward 2):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with Sergio Jara for Virote Holdings, LLC, 620 Palo Verde Avenue,
to pay sewer connection fee in installments and notice of special
assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owner of the property at 620 Palo Verde Avenue desires to connect the
above referenced property to the City sewer system. The property owner claims that to pay
the sewer connection fee in one payment would produce an economic hardship. To assist in
paying the connection fee, the City has contracted with the property owner to spread the
connection fee over a five year period to be collected with their property taxes in
accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060.
Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect
the connection fee in five equal payments over the next five years.
do
G:\GROUPDAT\ADMINRPT\2011\06-08\sewer Connect Fee Palo Verde
4/1/20112:25 PM
AK
d
ADMINISTRATIVE REPORT
t
-MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6j.
TO: Honorable Mayor and City Council
FROM: Art Chianello, Water Resources Manager
DATE: May 17, 2011
APPROVED
DEPARTMENT HEAD 61,~d7
CITY ATTORNEY i116~
CITY MANAGER
SUBJECT: Attorney retainer agreement with Duane Morris LLP to provide legal service on a flat rate basis
($5,000 per month not to exceed $65,000) on a variety of miscellaneous and routine water
issues that arise in the daily operations of the City Water Resources Department.
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
On August 9, 2010 the City of Bakersfield entered into Agreement No. CA 10-013 with Duane Morris, LLP
to provide the City legal services on a variety of miscellaneous and routine water issues. The legal firm
(Duane Morris) was retained under a pilot program for six (6) months on a monthly flat fee basis to handle
routine water matters that arise in the daily and normal operations of the City. This program has proven to
be very successful and cost effective and as a result the City would like to enter into a new contract.
The new agreement will allow Duane Morris LLP to continue to provide legal services to the City and its
employees on a flat rate basis ($5,000 per month not to exceed $65,000) on general water issues arising
out of the City's domestic and agricultural operations. It should be noted that $5,000 has been included in
the agreement to pay for other expenses and costs, when approved in advance by the City, as stipulated
in item 3.2 of the agreement. The general water issues may include, but not be limited to groundwater
issues, water quality, general advice and drafting of contracts, letters, other documents and non-litigation
matters.
Funding for this agreement is currently available in the Water Resources Department FY 2010-11
Operating Budget.
AC
SA\2011 ADMIN REPORTS\Duane Morris Flat Fee Admin Repon.docx
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: , m .
TO: Honorable Mayor and City Council APPROVED
FROM: ✓G-
Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 26, 2011
V6-
CITY MANAGER-
SUBJECT: Agreements with the following law firms for legal services in various matters. Caswell, Bell
& Hillison ($100,000) for General Assessment District Matters. Caswell, Bell & Hillison
($100,000) for Assessment District Foreclosure (AD: 05-1/City in the Hills). Clifford &
Brown ($75,000) for General Miscellaneous Issues. Clifford & Brown ($75,000) for General
Personnel Issues. Clifford & Brown ($100,000) for Derek Lyons v. City of Bakersfield, et al.
RECOMMENDATION:
For many years, City staff has utilized outside legal counsel, in conjunction with the City Attorney's
Office, to assist in a variety of areas. The City Attorney's Office reviews the various contracts on an
annual basis before the end of each fiscal year. Staff recommends renewal and approval of the following
Agreements for fiscal year 2011/2012:
BACKGROUND:
Caswell. Bell & Hillison
General Assessment District Matters ($100,000)
Assessment District Foreclosure AD: 05-1 (City in the Hills - $100,000)
The law firm of Caswell, Bell & Hillison is an expert in the field of assessment district foreclosures.
In addition to the routine assessment matters, the City desires to retain Caswell, Bell & Hillison for legal
services in the matters of General Assessment District issues and Assessment District 05-1 (City in the
Hills) both in an amount not to exceed $100,000. These fees are paid for through the Finance Department
and also upon collection of the delinquent amount.
Clifford & Brown
General Miscellaneous Issues ($75,000)
General Personnel Issues ($75,000)
Derek Lyons v. City of Bakersfield ($100,000)
The City desires to retain the law firm of Clifford & Brown for legal services in the following matters:
General Miscellaneous Matters in an amount not to exceed $75,000; General Personnel Matters in an
amount not to exceed $75,000; and in a recent lawsuit served upon City entitled Derek Lyons v. City of
Bakersfield, et al, KCSC Case No. S-1500 CV-273248-DRL, in an amount not to exceed $100,000.
GG:ac
SACOUNCIL\Admins\10-11\Admins\GenerelOutsideCounselAttyAgre.docx
.
CITY ATTORNEY
May 26, 2011, 12:48PM
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: A_ j3.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: May 19, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Law Offices of Hanna, Brophy, Maclean, McAleer & Jensen for PVorkers'
Compensation Legal Services in an amount not to exceed $150,000 per year for a two (2) year
period to be paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In March of 2004 the City Council approved an agreement with the Law Offices of Hanna, Brophy,
MacLean, McAleer & Jensen (Hanna & Brophy) to provide legal services for the City's workers'
compensation claims litigation. As Hanna & Brophy specializes in the defense of workers' compensation
claims they are able to provide a high level of expertise that is very beneficial to the City.
Since 2004, Hanna & Brophy has been successful in handling and concluding litigated workers'
compensation claims, which has resulted in cost and efficiency savings to the City.
Hanna & Brophy's rates of $135 per hour have not increased since 2004, and are very reasonable
relative to customary workers' compensation attorney's hourly rates. As with the prior year, the terms of
the contract provide that the City will not be billed for internal costs, such as copy charges, legal research,
or clerical time.
The City issued a Request for Proposals (RFP) for workers' compensation defense attorney
services and received three (3) responses. Two of the firms were from Bakersfield, which included the
firm the City utilizes currently, Hanna & Brophy, and the other firm was from Los Angeles. The other
proposing firm from Bakersfield proposed rates that were significantly higher than Hanna & Brophy. The
rates proposed by the Los Angeles firm were also higher, and we would be obligated to pay mileage for
their services when they travel to Bakersfield for hearings.
The proposed contract is in an amount not to exceed $150,000 per year for a two (2) year period
with a one (1) year renewal option, exercisable by the City, and will cover all of the City's workers'
compensation litigation. This contract amount matches the anticipated legal costs and is based on actual
expenditures from the prior period.
May 20, 2011, 8:22AM
S:\Ralph\Contracts\Hanna Brophy Admin Rpt.--l 1.doc
ILK; j c
MEETING DATE: June 8,2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 19, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 1[-
CITY MANAGER
SUBJECT: Agreement with Definiti Healthcare Management (Definiti) for Workers' Compensation Bill
Review Services in an amount not to exceed $200,000 per year, for a two year period to be
paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In July 2005, the City Council approved an agreement with the workers' compensation bill review
firm of ComplQ to provide medical bill review services that consist of reducing medical provider charges to
conform to State mandated guidelines and to take advantage of other discounts that may be available.
The City renewed the contract with ComplQ in 2008 for an additional two year period with an
optional third year exercisable at the City's discretion. (Annual amounts not to exceed $150,000.)
This year, the City issued a Request for Proposals (RFP) for workers' compensation bill review
services. Eleven (11) firms submitted proposals. After thorough review by staff including oral interviews
of the top proposers, it is recommended that the City contract with Definiti to provide bill review services.
The previous provider, Comp IQ, failed to participate in the oral interview process. The proposed contract
term is for two (2) years with an optional third year at the discretion of the City.
Definiti charges a flat rate of $9.95 per bill reviewed plus up to twenty-five percent (25%) of savings
realized. During the past twelve (12) months with ComplQ, the City has realized a net savings of
$4,089,718, after paying bill review fees of $113,554. The previous contract with Comp IQ was a flat rate
of $7.00 per bill reviewed plus up to twenty-five percent (25%) of savings realized. The City can expect to
obtain additional savings by contracting with Definiti, as they have agreed to cap their compensation on a
single bill at $10,000. This is something that was not done in the past with our previous contractor,
ComplQ.
Due to escalating medical costs, the contract has been increased to reflect a not to exceed amount of
$200,000 in any single year. Although, staff does not anticipate the annual amount will exceed $150,000,
it is difficult to estimate medical costs and the additional flexibility in the contract is necessary if we
experience catastrophic injuries with large medical costs.
St reco mends approval of the contract with Definiti.
;K
May 31, 1, 8: 8AM
C:\Documents a Settings\Jcovey\Desktop\Definiti Admin Report--2011.doc
A
ADMINISTRATIVE REPORT
i
MEETING DATE: June 8, 201 1 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 23, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with City of Shafter for operation and maintenance of traffic control
signal and lighting systems at intersections of joint City of Bakersfield and City of
Shaf ter jurisdictions (Ward 4).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: This Agreement outlines the roles and responsibilities of both the City of
Bakersfield and the City of Shafter regarding the operations and maintenance of traffic control
signal and lighting systems which are shared between the two cities along 7th Standard Road.
Under this agreement, Bakersfield shall own, operate, and maintain all traffic control signal and
lighting systems at the intersections where the number of approaches to the intersection within
Bakersfield's jurdisdiction is one or more. Maintenance costs will be shared by both agencies
based upon their proportionate share of street legs entering the intersection.
There are currently three signalized intersections which fall within both the City of Bakersfield's
and the City of Shafter's jurisdictions. The Agreement provides for future signal locations to be
added to the Agreement as the area develops.
The Agreement allows Bakersfield to develop and maintain the signal timing for these shared
signals so traffic flow through this corridor is as efficient as possible. As Bakersfield's signal
communication network expands, these signals will be added to the synchronization system so
the signals can be monitored and adjusted remotely from the Bakersfield's Traffic Operations
Center.
rjs
PW/Trafc Engineering
GAGR0UPDAT\ADMINRPT\2011\06-08\Admin_Shafter Signal Agreement- 7th Standard.docx
BAKE
FC RPOP. rsP ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: May 17, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield, State of California Department of Public Health
and the U.S. Department of Housing and Urban Development for $375,881 in Housing
Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA). (City-wide)
RECOMMENDATION:
Staff recommends approval and authorize staff to execute all documents with the State of California.
BACKGROUND:
The City originally entered into an agreement with the State of California in March 2008 to enable them to
operate the Housing Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA) grant funds
on behalf of the City for use in the Bakersfield Eligible Metropolitan Statistical Area (EMSA). The City
notified HUD in May 2011 that it would again like to enter into an agreement with the State to administer
the FY 2011 HOPWA Grant Funds for the EMSA. This is the third year for this type of arrangement.
The HOPWA program was established in 1992 to address the specific needs of persons/families living
with HIV/AIDS. The HOPWA entitlement program (a method for allocating funds to eligible cities on behalf
of their metropolitan areas) makes grants to local communities, state and non-profit organizations for
projects that benefit low income persons medically diagnosed with HIV/AIDS and their families. The City
meets the HUD entitlement criteria based on its population size and number of AIDS cases. The City's
HOPWA entitlement for FY 2011 will be $375,881.
The State of California Department of Public Health will be responsible for administering the HOPWA
grant and they will be executing the agreement subsequent to Council review and approval. The HUD LA
office will be the third party to execute the agreement following State approval. There is no direct fiscal
impact to the City's financial system for approving this agreement.
SAAdmins\City Council\City Council Admins 2011\HOPWA 060811.doc
5/16/2011 4:09 PM
tp
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: A.r
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: May 25, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. F10-015 with Wholesale Fuels Incorporated
adding $40,000 (for a total not to exceed amount of $80,000); and extend the
term one year to continue the annual contract to supply propane. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 1, 2010, the City entered into an agreement for the annual contract
to supply propane with Wholesale Fuels, Incorporated in the amount of $40,000; renewable
annually thereafter for four (4) consecutive one-year periods.
To date the City has made payments totaling $20,381.41, leaving an available balance of
$19,618.59 on this contract. If approved, Amendment No. 1 will increase the contract $40,000
for a revised not to exceed amount of $80,000; and extend the term one year. This contract
will be funded with Enterprise Funds and General Funds budgeted in various department
operating budgets. Approval of the amendment will allow the City to continue to meet the
departmental needs for propane.
Purchasing Division/ch
SAPURCHWDMINWmendments 10-11 \Amendment #1 to Agmt F10-015 Wholesale Fuels June 8.docx
May 25, 2011
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,5,
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD ae
DATE: May 27, 2011 CITY ATTORNEY V9
CITY MANAGER
SUBJECT: Repair section of Kern River Canal adjacent to Pioneer Central and Pioneer South
spreading facilities.
1) Reimbursement Agreement with Kern County Water Agency not to exceed
$125,000.00 for damages to the Kern River Canal.
2) Appropriate $125,000.00 Miscellaneous Revenue from Kern County Water Agency
to the Water Resources Department Operating Budget within the Agricultural Water
Fund for reimbursement of repairs to the Kern River Canal. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: On March 20, 2011, a levee for a recharge pond in the Pioneer South recharge area
owned by Kern County Water Agency failed and sent water rushing towards the City's River Canal. The
water backed up at the River Canal at an area located just south of the Kern River, and about two miles
west of South Allen Road. The water caused a failure of the south embankment of the River Canal and
washed out the canal's concrete liner system in two locations. City staff has estimated that it will cost
approximately $125,000 to repair the River Canal and place it back in operation. This cost includes
earthwork activities, replacement of the concrete liner system, and geotechnical engineering activities
associated with rebuilding the failed canal facility. The City will use construction equipment provided by
Gilliam and Sons, the City's annual earthwork contractor. City equipment and staff will be utilized to
perform earthwork activities to rebuild the embankment. Also, the City will use Jim Alfter Construction, the
City's annual concrete liner canal contractor, to replace the portions of the concrete liner system that
failed. Soils Engineering, Inc., the City's on-call geotechnical engineering consultant will be utilized to
provide soils analysis, testing, and to certify reports during the reconstruction activities.
The Kern County Water Agency has agreed to reimburse the City for all expenses, estimated by staff not
to exceed $125,000, associated with repairing the River Canal embankment and concrete liner system.
This repair work to the River Canal will be done at no costs to the City. It should be noted that should the
actual cost to repair the River Canal exceed $125,000 the City will amend the current agreement with the
Agency to reimburse the City for the increased amount. It is anticipated that all repair work for the canal
will be completed within 30 days after execution of the Reimbursement Agreement.
This appropriation is needed to add revenue from the Kern County Water Agency to the Department's FY
2010-11 Operating Budget to reimburse the City for the cost of repairs to the Kern River Canal.
S\2011 ADMIN REPORTS\WWAREIMBURSEMENTIMR
A
OF ywvo 4 S
ADMINISTRATIVE REPORT
1
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,j-,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: May 19, 2011 CITY ATTORNEY
CITY MANAGER7
SUBJECT: Amendment No. 5 to Agreement No. 97-181 with Flying Puck, LLC (Bakersfield Cor/dors) to
Extend the Term of the Lease at Rabobank Arena for an Additional Seven Years. (yVard 2)
RECOMMENDATION: Staff recommends City Council approve this amendment for the extension of
the existing lease with Flying Puck, LLC, owners of the Bakersfield Condors, for an additional seven year
term.
BACKGROUND: The Bakersfield Condors are the main tenant at Rabobank Arena. The team ranked
sixth out of 19 teams in average home game attendance during the last ECHL regular season. In the
2010-11 playoffs, the team ranked number two out of 16 participating teams for average attendance per
home game. The Condors recently won their second division championship in a row and continue to draw
many fans to Rabobank Arena each season. The organization also hosted the 2011 ECHL All Star Game
which brought many fans, league officials and other dignitaries to Bakersfield for multiple days in January
of this year. The Condors are good tenants, with a strong track record of stability and are an important part
of the overall fiscal health of the building.
The original lease with Flying Puck, LLC contains two seven year renewal options upon successful
renegotiation of terms. This would be the second of the two renewal options and run through June 30,
2018, at which time a new agreement would need to be executed.
Discussions have been taking place during the last few months between the City, the Condors and SMG
regarding lease renewal terms. Negotiated renewal terms reflect no significant changes to the lease other
than a new seven year term. The rental charge per game is $6,334.50, increased annually per the contract
and the minimum payment per season is $160,000.
SUMMARY: This lease renewal carries the same terms as the previous extension, with the lease
ending June 30, 2018.
5/23/2011 1:02 PM
SAChris Huot\Admin Condors Renewal 2011_1.doc
AT:ch
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson Smith, Finance Director
May 25, 2011
Amendment No.
the term for one
$86,744); for the
(Ward 2)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1 to Agreement No. 10-080 with
year; and adding $43,372 (for
annual contract for janitorial n
Pacific Building Care extending
a new not to exceed total of
iaintenance of City Hall North.
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 9, 2010, Council approved the annual contract for janitorial
maintenance of City Hall North to Pacific Building Care in the amount of $43,372; renewable
annually thereafter for four (4) consecutive one-year periods.
To date the City has made payments totaling $34,981, leaving an available balance of $8,391
on this contract. If approved, Amendment No. 1 will extend the term one year and increase
the contract $43,372 for a new revised total not to exceed of $86,744. This contract will be
funded with General Funds budgeted in the General Services operating budget. Approval of
the amendment will allow the City to continue to meet the janitorial maintenance service
needs for City Hall North.
Purchasing Division/ch
S:IPURCHWDMINWmendments 10-11 Wmend.#1 to Agmt 10-080 Pacific Building Care June 8.doc080 Pacific Building Care June 8
May 25, 2011, 4:14PM
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8.q.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD N5
DATE: May 25, 2011
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 10-106 with Toter, Incorporated extending
the term for one year and adding $542,224.25 (for a total not to exceed amount
of $1,084,448.50) to the Annual Contract for trash carts. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 21, 2010, Council awarded the annual contract for trash carts to Toter,
Incorporated in the amount of $542,224.25; renewable annually thereafter for four (4)
consecutive one-year periods.
To date the City has placed orders totaling $305,651.19, leaving an available balance of
$236,573.06 on this contract. If approved, Amendment No. 1 will add $542,224.25 for a revised
not to exceed amount of $1,084,448.50; and will extend term one year to expire in July 2012.
Funds are budgeted in the Solid Waste Enterprise Fund for supply of trash carts. Approval of
the amendment will allow the Public Works Department to continue to meet the City's needs
to supply and replace trash carts.
Purchasing Division/ch
SVURCHWDMINWmendments 10-11 Wmendment #1 to Agmt 10-106 Toter Inc June 8.doc106 Toter Inc June 8
May 25, 2011, 4:15PM
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,iij,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: May 25, 2011 CITY ATTORNEY
CITY MANAGER_Z0P--_
SUBJECT: Amendment No. 5 to Agreement No. 06-219 with Ameripride Uniform Services
extending term for one year (zero dollar increase) for the annual contract for
industrial laundry services. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 19, 2006, Council awarded the annual contract for industrial laundry
services to Ameripride Uniform Services, Bakersfield in the amount of $650,000; renewable
annually thereafter for six (6) consecutive one-year periods. On July 18, 2007, Council
approved Amendment No. 1 extending the agreement for one year. On July 16, 2008, Council
approved Amendment No. 2 extending the agreement an additional year. On July 15, 2009,
Council approved Amendment No. 3 extending the agreement an additional year. On July
21, 2010, Council approved amendment no. 4 extending the agreement an additional year.
To date the City has made payments totaling $523,234.09, leaving an available balance of
$126,765.91 on this contract. If approved, Amendment No. 5 will extend the term one (1) year
with zero dollar increase. This contract will be funded with Enterprise Funds and General Funds
budgeted in various department operating budgets. Approval of the amendment will allow
the City to continue to meet departmental needs for providing and cleaning uniforms for
various City staff.
Purchasing Division\ch
S:\PURCHWDMINWmendments 10-11 Wmendment #5 to Agreement 06-219, Ameripride Uniform Services, June 8.doc
May 25, 2011, 4:12PM
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /VS
DATE: May 25, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 10-107 with Kern Sprinkler Landscaping,
Incorporated extending the term for one year (zero dollar increase for the
annual contract for landscape and irrigation services. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 21, 2010, Council approved the annual contract for landscaping and
irrigation services with Kern Sprinkler Landscaping, Incorporated in the amount of $224,648.25;
renewable annually thereafter for four (4) consecutive one-year periods.
To date the City has made payments totaling $62,889.46, leaving an available balance of
$161,758.79 on this contract. If approved, Amendment No. 1 will extend the term one year
with no dollar increase. This contract will be funded with Enterprise Funds and General Funds
budgeted in various department operating budgets. Approval of the amendment will allow
the City Departments to continue to meet the City's landscape and irrigation service needs.
Purchasing Division/ch
SAPURCHWDMINWmendments 10-11 Wmend.#1 to Agmt 10-107, Kern Sprinkler Landscaping June 8.doc
May 25, 2011, 4:29PM
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4
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 26, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 90-279 with Nextel Spectrum Acquisition
Corporation for radio tower lease at 8101 Ashe Rd to extend the term and increase
the rent. (Ward 6)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND:
On November 28, 1990, the City of Bakersfield entered into Agreement No. 90-279 with Valley
Wireless Cable, Inc. to lease space within Wastewater Treatment Plant No. 3 to construct a 350
foot tower to broadcast television signals. On May 14, 2004, Nextel Spectrum Acquisition
Corporation, a Delaware corporation, became a successor-in-interest to Valley Wireless Cable,
Inc. On August 28, 2010, the lease was amended to show Nextel Spectrum Acquisition
Corporation as the new lessee and to approve Verizon Wireless as a sublessee.
The City of Bakersfield desires to amend the agreement a second time to extend the lease an
additional 5 years with three five year options to extend for a total of 20 years. The base rent will
be increased from $631.75 a month to $2,000 a month with a 4% annual increase. The City will
also receive 50% of rent for any sublease under Nextel.
This communications site is used to serve the Bakersfield Police Department's Mobile Data system
and is a valuable site to the City. It has been determined that it would be advantageous to
extend the term of the lease with Nextel and increase the base rent.
ENB/s
Nextel amend admin.doc
May 26, 2011
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8 .2
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD (2 )
DATE: May 26, 2011 CITY ATTORNEY,
CITY
SUBJECT: Amendment No. 2 to Agreement No, 09-081 with the County of Kern fob Animal
Care Services; Extending the Term of the Agreement by One (1) Year and
Increasing the County's Compensation ($338,110 not to exceed $997,210).
RECOMMENDATION:
Staff recommends Council approval,
BACKGROUND:
During the 2004-05 fiscal year, the City and the County entered Into a five-year agreement (04-
149) to provide a mutually beneficial working arrangement for animal care and control for the
Bakersfield area. The agreement created a mechanism to provide consistent delivery of services
and a convenient co-located animal care facility, In which both Bakersfield and Kern County
residents could find their lost animals, adopt a dog or cat, and obtain a dog license. The
agreement provided shelter services for City Animal Control to take animals picked up in the
field, and committed the City to constructing an additional kennel facllity/buliding to house
animals which come Into the shelter. This building, completed in 2005, today serves as the
County's adoption center; however, the City maintains ownership and provides for building
maintenance. This arrangement provides a one-stop shop for Bakersfield area residents,
operational economies of scale for animal control and a common animal control tracking
system (Chameleon) to facilitate the locating of lost animals, notifying the public and the issuing
of licenses,
The agreement, described above, ended June 30, 2009. A new one-year agreement was
entered Into Jointly by the City and County in June of 2009 and was the result of lengthy
negotiations between the City and County. This new agreement provided for updated terms
and provisions and also Included a 22% Increase In compensation for animal shelter services
provided by the County. This current agreement was to expire June 30, 2010. City and County
staff agreed that In order to provide the most efficient and effective animal care services for the
community, it was desirable to continue this working relationship. To that end, the City and
County approved Amendment No.l to the existing agreement in June of 2010 which extended
the term for a period of one (1) year and Included a 2.8% Increase in compensation payable to
the County based on a Consumer Price Index adjustment.
Both City and County staff are recommending approval of this Amendment No. 2 In order to
extend the term of the agreement for a period of one (1) year and Include a 1.2% Increase in
compensation payable to the County based on a Consumer Price Index adjustment.
This amended agreement will provide the mechanism for the City and County to continue
providing the community with Animal Control Services in a consistent manner. In addition the
one-year term will provide time for both agencies to consider a longer-term agreement.
Under the current agreement (09-081), the City's reimbursement to the County for Shelter services
Is $325,000 for the period of Julyl, 2009 through June 30, 2010. Amendment No. 1 provided for a
reimbursement to the County of $334,100 for the period of July 1, 2010 through June 30, 2011. This
Amendment No. 2 will Increase the amount due to the County by 1.2% ($4,010), for a total
reimbursement to the County of $338,110 for the period of July 1, 2011 through June 30, 2012.
This Increase is consistent with the provisions of the 2004 five-year agreement (04-149) which
Included annual adjustments based on the agreed upon Consumer Price Index. The Increase
has been provided for In the proposed Police Department budget for the 2011-12 fiscal year.
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: S,ao..
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 25, 2011
APPROVED
DEPARTMENT HEAD A'.
CITY ATTORNEY
CITY MANAGER _
SUBJECT: Contract Change Order No. 1 to Agreement No. 10-160 with Loop Electric
Inc. ($29,928.33; revised not to exceed $227,782.59) for the project known
as Traffic Signal & Lighting System South "H" Street and Hosking Road
(Ward 7).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the construction of a Traffic Signal and street lighting
at the intersection of South "H" Street and Hosking Road
During construction, it was discovered that the luminare arm at the southwest corner of the
intersection needed to be modified in order to maintain minimum clearances to the existing
power lines. The contractor has agreed to accept a lump sum of $405 for this modification.
After the start of construction it was noted that the curb returns on the northeast and
southeast corners did not meet current ADA standards for handicap access ramps. The
contractor has agreed to accept a lump sum or $6,937.61 to remove the existing curb returns
and install handicap access ramps that comply with current ADA standards.
After paving operations were complete on Hosking Road, it was discovered that the current
grade on Hosking Road at the intersection of South H was of such a nature that vehicles
through that intersection on a green light would experience a large "bump" in the roadway.
As such, additional grinding and paving operations must be done to provide for a smooth
traveling surface through the intersection. The contractor has agreed to do this work for the
lump sum of $27,552.71. A cost analysis of this work is on file.
In order for the project to be constructed per the plans and specifications, some of the
contract item quantities had to be either increased or decreased. These increases and
decreased will result in a net savings of ($4,966.99)
RM (Construction)
May 25, 2011, 12:08PM
G:\GROUPDATWDMINRPT\2011\06-08\CCO 1 Hosking and South H Signal.doc
ADMINISTRATIVE REPORT
This is the first change order to be submitted for this project. This change order will increase the
project total by $29,928.33 (which results in an 15.1 % increase of the original contract amount)
as illustrated below:
• Original Contract Amount = $197,854.26
• Amended Contract Agreement after Change Orders = $227,782.59
Net Increase to date = $ 29,928.33
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
May 25, 2011, 12:08PM
G:\GR0UPDAT\ADMINRPT\2011\06-08=0 1 Hosking and South H Signal.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,bb.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 12, 2011 CITY ATTORNEY
CITY MANAGER _
SUBJECT: Reject all bids regarding Mobile Command Unit for the Fire Department.
(Citywide)
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: On November 17, 2010 the City Council accepted a Federal Grant from the
Urban Area Security Initiative (UASI) program for $811,936. The majority of these funds were
designated for the purchase of an inter-agency mobile command unit; a State and Federal
security funding priority.
Invitations to bid were sent to over five hundred (500) suppliers for specialty fire equipment for
the mobile command vehicle. Three (3) bids were received in response to solicitation.
Two (2) proposals were submitted by Emergency Vehicle Group, Incorporated (EVI). Neither
proposal met minimum specifications in several areas, most importantly adherence to the
required communications and electrical components necessary to operate a command unit
with a primary function to provide mobile radio and video communications in the event of an
emergency. The bid submitted by Pierce Manufacturing, Incorporated met the bid
specifications but exceeds the budgeted grant funds available for this purchase by over
$43,000. The three (3) bids received in response to solicitation are as follows.
BIDDER
Emergency Vehicle Group, Inc
Anaheim, CA
Emergency Vehicle Group, Inc.
Anaheim, CA
Pierce Manufacturing, Inc
Appleton, WI
AMOUNT
$721,996.29 Unacceptable Bid
Does not meet minimum specifications
$768,536.21 Alternate Submittal - Unacceptable
Does not meet minimum specifications
$855,163.09 Unacceptable Bid -
Meets minimum specifications but
exceeds available budget
Staff recommends rejection of all three bids for the reasons explained above. Staff will
revise the bid specifications for the mobile command unit and rebid the item with the goal
of receiving acceptable bids within the limitations of the grant funding available.
Purchasing Division/kb
S:1AdminWdmin ReportsTire Department Mobile Command Unit, 10-11-66, May 18, 2011 2.docx
May 13, 2011
MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: May 18, 2011
APPROVED
DEPARTMENT HEAD /✓S
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Spence Spraying Service in the amount of
$42,500 for the Annual Contract for Chemical Application for the Water
Resources Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to Bid were sent to eighty (80) suppliers for the Annual Contract for
Chemical Application. The contract is renewable annually for four consecutive one-year
periods at the City's option and upon mutually agreeable terms.
The bids solicited were based on a list of chemical applications with estimated quantities. In
this case, where the City does not intend to split the bid award, the City determines the lowest
overall bidder by multiplying the supplier's unit price for each of the items by the estimated
number of units for each item.
Sufficient funds are available in the Water Enterprise operating accounts for this service.
Three (3) bids were received in response to solicitation and are as follows:
BIDDER AMOUNT
Spence Spraying Service $42,500.00
Livingston, CA
Pestmaster Services, Inc. $44,405.50
Bishop, CA
Abate-A-Weed, Inc. $69,950.00
Bakersfield, CA
Staff finds the low bid submitted by Spence Spraying Service, Livingston, California, to be
acceptable and recommends approval of the contract in the amount of $42,500.
Purchasing Division/W
S:\PURCHIADMIN1Admin 10-MAC for Chemical Application, 10-11-71, Spence's Spraying, June 8, 2011.doc
May 20, 2011, 8:02AM
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 24, 2011
Q St. Streetscape Improvements, from Truxtun Avenue to 24th Street (Ward 2):
1. Accept base bid and additive alternate No. 1, and approve contract to Kern
Pacific Construction ($4,933,760.45) for construction of project.
2. Reimbursement agreement (estimated cost of conduit is $54,000) with
Central Valley Independent Network for installation of conduit for fiber optic
cables in Q Street.
3. Appropriate $54,000 Other Agency Share of Project Cost to the Public Works
Department's Capital Improvement budget to reimburse City for fiber optic
cable to be installed by Contractor on behalf of Central Valley Independent
Network within the Proposition 1 C - Mill Creek Fund.
4. Transfer $575,600 from the Mill Creek Linear Park Plaza project to the Q Street
Improvement project within the Capital Improvement Budget within the Old
Town Kern Redevelopment Fund.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY V&
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of low base bid plus additive alternate
No. 1, approval of contract and reimbursement agreement, and approval of appropriation
and transfer.
BACKGROUND: Economic and Community Development Department staff obtained a grant
from the California Department of Housing and Community Development Proposition 1 C "Infill
Infrastructure Grant Program" to construct this infill project adjacent to Mill Creek.
The work to be performed consists, in general, of constructing new curbs, gutters, sidewalks,
median islands, and reconstructing the roadway on Q Street from south of Truxtun Avenue to
24th Street. The project consists of the following improvements:
• Streetscape improvements include trees, tree grates and placement of decorative
streetlights in the parkway and median.
• Medians will be landscaped with trees and shrubs.
• All existing traffic signals will be replaced with new decorative traffic signals.
May 31, 2011, 12:16PM
G:\GROUPDATWDMINRPT\2011\06-06\Q St. Streetscape Project. Doc
ADMINISTRATIVE REPORT
At the intersection of Truxtun Avenue and 9 Street, new colored stamped concrete
crosswalks will be installed.
At all other intersections with traffic lights, raised decorative planters and decorative
expanded colored stamped sidewalks will be installed.
Storm drain and sanitary sewer improvements from Truxtun Avenue to 22nd Street are
also part of this project.
Additive Alternate No. 1 will construct fiber optic conduits and pull boxes in a joint trench with
the City's electrical and traffic interconnect under the east sidewalk area from 24th Street to
Beale Memorial Library. The cost for the fiber optic is $54,000 and will be reimbursed to the City
by Central Valley Independent Network,
Funding for the base bid is provided by Proposition 1C "Infill Infrastructure Grant Program."
There is no General Fund impact associated with this projct.
On April 28, 2011, a total of three bids were received; all of those bids are acceptable, Those
acceptable bids are as follows:
Kern Pacific Construction
4001 Patton Way, # 1
Bakersfield, CA 93308 (County)
Griffith Company
1128 Carrier Parkway Ave.
Bakersfield, CA 93308 (County)
Granite Construction Co,
3005 James Rd.
Bakersfield, CA 93308 (County)
Base Bid
$4,879,760.45
Additive Alternate No.1
$ 54,000.00
Project Total
$4,933,760.45
Base Bid
$5,231,494.00
Additive Alternate No. 1
$ 65,400.00
Project Total
$5,296,894.00
Base Bid
$5,507,938.35
Additive Alternate No. 1
$ 63,000.00
Project Total
$5,570,938.35
Two protest letters were filed with the City regarding the apparent low bidder, Kern Pacific
Construction (KPC) and KPC's submitted bid documents. As background information, the City
requires bidders on construction projects to list the subcontractors they plan to use for a
construction project, A bidder is required to list a subcontractor only when the dollar value of
work to be performed by the subcontractor exceeds a set threshold amount. When bids are
submitted to the Purchasing Divison, the subcontractor list must include the following
information: subcontractor name, location of firm, and items of work to be performed by
subcontractor. The bidder has up to 24 hours after bid opening to submit the dollar value of
work to be performed by the subcontractor. The two protest letters cited the following items as
causes to reject the apparent low bid from KPC:
• KPC did not include a subcontractor for electrical distribution work.
• KPC did not include a paving contractor on their original subcontractor list which was
submitted to the Purchasing Division on time of bid opening. The protest letter stated
that KPC does not do their own paving work,
May 31, 2011, 10:07AM
G:\GR0UPDAT\ADMINRPT\2011\06-08\Q St. Streetscape Project.Doc
ADMINISTRATIVE REPORT
On May 19, 2011, staff from Public Works, Finance, and City Attorney Office met with KPC to
discuss the items cited in the protest letters. Staff comments pertaining to the two issues raised
in the protest letters are as follows;
KPC was not required to list a subcontractor for the electrical distribution work since the
dollar value of electrical work to be subcontracted out was below the threshold
amount for reporting purposes. KPC performs most of the work related to the electrical
distribution system themselves. KPC digs the trenches, installs the conduit, and backfills
the trenches with their own workforce. KPC subcontracts only the electrical connection
portion of this work.
KPC intended to use a paving subcontractor for this project. KPC had intended to
submit two pages of subcontractors with their bid. KPC had one subcontractor list
completely filled out and had the paving contractor on the second page. One firm's
name on the first page of the subcontractor list was crossed out. The paving
subcontractor was the only firm on the second page. Due to an oversight, the second
page of the subcontractor list was not submitted with the bid. Since bidders have 24
hours after bid opening to provide dollar values for subcontracted work, KPC submitted
a new subcontractor list. This new subcontractor list was on one page and not two
since the crossed-out firm included with the original bid was excluded from the
updated subcontractor list submitted within 24 hours of bid opening. However, KPC has
informed staff that they will perform the paving work with their own forces.
KPC provided formal written responses to address the concerns raised in the protest letters.
Based upon staff's review of the protest letters and KPC's responses, staff finds that the
apparent low bidder is responsive. Therefore, staff recommends award of the contract to KPC.
Staff recommends the transfer of $575,600 from the Mill Creek Linear Park Plaza project to the
Q Street Improvement project. This transfer will not impact these proposed improvements since
sufficient funds will remain to complete the Mill Creek Linear Park Plaza project as originally
planned. The Mill Creek Linear Park Plaza includes the Sister City Gardens Phase I, II and the
Mill House. This project will construct landscape improvements on two different site locations
that are adjacent to the Mill Creek Linear Park walking path near 18th Street and on the canal
right of way near 17th Street. Sister City Gardens Phase I will reflect the City of Bakersfield Sister
City culture and regions in the park design and setting. Phase II will construct a 19th Century
style Mill House with an operational water wheel in the Mill Creek Linear Park. Currently, EDCD
is assembling the property site necessary for the Phase II Gardens of the Sister City Gardens at
17th Street and a Mexico Garden at 18th Street.
PW/Engr: WGM-REB
T9K117
May 31, 2011, 10:06AM
G:\GR0UPDAT\ADMINRPT\2011\06-08\Q St. Streetscape Project.Doc
A
U
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: , e e .
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /v j
DATE: May 20, 2011 CITY ATTORNEY.
CITY MANAGER
SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling
$94,715.36 and forward non bankrupt accounts to a collection agency for additional
collection efforts.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: Staff has exhausted all reasonable means to collect these past due accounts and
believes any further collection efforts would not be cost effective. The collection process for invoiced
accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which
continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90
days delinquent. Larger balances are given priority attention.
Generally, individuals cannot be located or bankruptcies are involved and. Accounts not involving
bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% of
City accounts forwarded to a collection agency are eventually recovered.
Account detail is attached. The amount recommended as bad debt write-off is made up of the following
account categories:
Commercial Sewer Service & Solid Waste (Refuse)
Residential Sewer Service & Solid Waste (Refuse)
Risk Management (Property Damage Claims)
Police (Alarm Violations & Misc. Activity)
Fire & Fire Safety (Environmental Services)
Other
$ 29,538.76
3,545.52
33, 837.85
9,877.00
17, 346.63
569.60
TOTAL $ 94.715.36
Total accounts receivables billing for the year is roughly $94.4 million. The recommended write off
amount is about.10% of total billing, or about 1110 of 1%. The private sector uses 1% - 2% as an
acceptable write off benchmark. Bankruptcy proceedings make up about 30% of total write offs. In the
bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the
debtor is protected by the court and we are prohibited by law from further collection efforts.
File name: s/admin/admin reports/bad debt writeoffs June 2011.nks
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 31, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
✓G
CITY MANAGER
SUBJECT: Appropriate $3,098,550 Federal SAFETEA-LU grant revenues to the Public Works
Capital Improvement Budget within the TRIP Federal / State Grant Fund for work on the
SR 178 Widening project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND: The SR 178 Widening project is one of the freeway projects funded with Thomas
Roads Improvement Funds (TRIP). This project will widen the existing State Route 178 from Vineland
Road to Miramonte Drive to its ultimate width of four (4) lanes with paved shoulders in accordance with
CalTrans standards.
Federal TRIP funds in the amount of $43,851,750 were designated for the design and ultimate
construction of this project. Initially the City received approval from CalTrans to spend $4,013,250 of
these funds for initial design and environmental work.
We recently received a second authorization from CalTrans to spend an additional $3,098,550 to
complete the environmental phase of the project. If approved, this appropriation will add these federal
grant funds to the City's budget and allow the City to continue work on this project.
File name: s/admin/admin reports/trip approp for 178 widening june 2011.nks
MEETING DATE: June 8, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
May 26, 2011
Traffic Signal and Lighting System Installation at the Intersection of McKee and
South H (Ward 7):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Appropriate $161,110 Federal Congestion Management Air Quality
(CMAQ) funds to the Public Works Department's Capital Improvement
Budget within the SAFETEA-LU Fund for project.
2. Appropriate $25,000 Transportation Development balance to the Public
Works Department's Capital Improvement Budget for the local share of
project.
RECOMMENDATION: Staff recommends approval of appropriations.
BACKGROUND: This project consists of installation of a complete traffic signal and lighting
system at McKee and South H as well as modification of pavement markings and striping, and
reconstruction of access ramps to meet current American with Disabilities Act (ADA)
requirements. This project is predominantly funded with federal Congestion Mitigation and Air
Quality (CMAQ) funds. This project also requires a local match which will be funded with traffic
impact fees. This signal is included on the Transportation Facilities List.
The design of this project has been completed. Project design plans have been submitted to
Caltrans for review. Since this project is predominantly federally funded, the City must first
obtain authorization from Caltrans before the project can be advertised. Upon Caltrans'
approval, the City will advertise for construction bids. The anticipated contract award will be
at the August 17, 2011 City Council Meeting. Construction of the traffic signal will commence
shortly thereafter.
Tonight's agenda item is necessary to appropriate the funds required for completion of the
project. Staff recommends approval of appropriations for the signal at McKee and South H.
gl
PW/Design Engineering/nsg
May 31, 2011, 10:53AM
G:\GR0UPDAT\ADMINRPT\2011\06-08\CMAQ Signal Appropriation.doc
F A
a '
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 11, 2011
SUBJECT: Consolidated Maintenance District (CMD).
APP OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1, Protest hearing as required by Resolution of Intention No. 1688 regarding the park
landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the CMD and
the 2011-2012 budget, confirming the park landscaping assessments and authorizing
collection of assessments by the Kern County Tax Collector, (All wards)
RECOMMENDATION Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No, 1688 on May 18, 2011, preliminarily
adopting, confirming and approving the Public Works Director's Report and the 2011-2012 park
landscaping budgets for the CMD. This Resolution also set the protest hearing date for June 8, 2011.
Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield
Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit
Including tier level; the amount of the street landscaping assessment on any parcel of property to be
assessed; and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
This Resolution confirms the 2011-2012 CMD park landscaping assessments and authorizes collection of the
assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the CMD. AII
parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed
consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of
each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No.
019-05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain
at their current level of assessment.
Resolution of Intention No. 1688 and its exhibits for the CMD Including the Public Works Director's
Report, the 2011-2012 Budget, the Benefit Formula and the Assessment Roll are on file in the office of
the City Clerk.
mb
G:\GROUPDAT\ADMINRPT\2011\06-08Wdmin Res Est Park CMD 11-12.doc
MEETING DATE: June 8, 2011 AGENDA SECTION: Hearings
ITEM: q . b.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 11, 2011
SUBJECT: Consolidated Maintenance District (CMD).
APPROVED
DEPARTMENT HEAD e~~
CITY ATTORNEY
CITY MANAGER
1. Protest hearing as required by Resolution of Intention No. 1689 regarding the street
landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the CMD and
the 2011-2012 budget, confirming the street landscaping assessments and authorizing
collection of assessments by the Kern County Tax Collector. (All wards)
RECOMMENDATION Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1689 on May 18, 2011, preliminarily
adopting, confirming and approving the Public Works Director's Report and the 2011-2012 street
landscaping budgets for the CMD. This Resolution also set the protest hearing date for June 8, 2011.
Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield
Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit
including tier level; the amount of the street landscaping assessment on any parcel of property to be
assessed; and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
This Resolution confirms the 2011-2012 CMD street landscaping assessments and authorizes collection of the
assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the CMD. All
parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed
consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of
each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No.
019-05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain
at their current level of assessment.
Resolution of Intention No. 1689 and Its exhibits for the CMD including the Public Works Director's Report,
the 2011-2012 Budget, the Benefit Formula and the Assessment Roll are on file in the office of the City Clerk.
mb
G:\GROUPDANIDMINRPT\2011\06-08\Admin Res Est Street CMD 11-12.doc
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U ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Hearings
ITEM: 9 . G.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 11, 2011
SUBJECT: Traffic Signal Maintenance Districts.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Protest hearing as required by Resolution of Intention No. 1690 regarding the
assessments for seventeen (17) Traffic Signal Maintenance Districts.
2. Resolution approving and adopting the Public Works Director's report for
seventeen (17) Traffic Signal Maintenance Districts and the 2011-2012 budgets,
confirming the assessments and authorizing collection of assessments by the
Kern County Tax Collector. (All Wards)
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1690 on May 18, 2011,
preliminarily adopting, confirming and approving the Public Works Director's Report and the
2011-2012 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest
hearing date for June 8, 2011. Traffic signal assessment rates were increased for the 2011-2012
fiscal year. Notice of the protest hearing has been published in accordance with Chapter 13.04
of the Bakersfield Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the
amount of the assessment on any parcel of property to be assessed; and the reservation by the
City of right to elect whether to proceed to perform work by City forces or by private contractor.
This Resolution confirms the 2011-2012 Traffic Signal Maintenance District assessments and
authorizes collection of the assessments by the Kern County Tax Collector.
Resolution of Intention No. 1690 is on file in the City Clerk's office.
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G:\GROUPDAT\ADMINRPT\2011\06-08\Admin Res Est TS MD 11-12.doc
MEETING DATE: June 8, 2011 AGENDA SECTION: Hearings
ITEM: 2, d
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Raul M. Rojas, Public Works Director
DATE: May 24, 2011
SUBJECT: Hearing to consider resolutions adopting sewer service user charges for Fiscal Year
2011-12 (Proposed 2.5% rate increase; All Wards):
1. A Resolution establishing sewer and storm sewer service user charges.
2. A Resolution establishing industrial and commercial sewer service user
surcharges. (Hearing opened and continued at 04113111 meeting.)
RECOMMENDATION: Staff recommends adoption of Resolutions.
BACKGROUND: Sewer user charges and fees, including industrial and sewer service user
surcharges, are adopted annually per Bakersfield Municipal Code 14.12.380. Sewer user
charges cover the cost of operation and maintenance of the sewer treatment plants and for
the existing sewer collection system.
The proposed 2.5% residential and commercial rate increase will generate approximately
$700,000. The proposed 2.5% rate increase is recommended for the following reasons:
• Increases in utility, chemicals, and maintenance costs
• Debt service on bonds issued for Plant 3 Expansion Project
• $2.6 Million appropriated at February 16, 2011 Council meeting to cover FY 10/11
operation and maintenance costs
If approved, the sewer user rate for a single family dwelling unit will increase 2.5% from $200 to
$205 per year. Other sewer and storm sewer service user charges are also proposed to
increase by 2.5% as summarized on Exhibit A of the Resolution for sewer and storm sewer
service user charges.
If approved, the sewer surcharge rate for industrial and commercial customers will also
increase 2.5%. The amount charged to industrial and commercial customers is based upon the
industry's unique characteristics which include flow, biochemical oxygen demand (BOD), and
total suspended solids (TSS). Proposed rates for industrial and commercial sewer service user
surcharges customers are summarized on Exhibit A of the applicable resolution.
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ADMINISTRATIVE REPORT
Page 2
Because of the current economic climate, staff has made every effort to minimize the
proposed rate increase. However, postponing the proposed rate increase not only negatively
impacts fund balance, but will also cause higher atypical rate increases in future years. A
leveling of rate increases is preferable to sharp spikes.
Additional information relating to the proposed 2.5% rate increase is provided below.
• Why is the 2.57a rate increase needed? - The proposed rate increase is needed to cover
increased operating costs for the two treatment plants and to service the debt issued
for the Plant 3 Expansion project. In addition, funds should be set aside in fund balance
each year to cover capital costs. The proposed capital improvement budget for FY
2011/12 is unusually small in comparison to prior years' capital budgets for the
Wastewater Fund. This is because many capital projects will be deferred to subsequent
years in order to minimize rate increases. Capital costs associated with the sewer lines
and treatment processes are typically very large. Therefore, it is prudent to have a
significant fund balance to fund current and future year capital projects. In addition,
the bond covenants for the Plant 3 Expansion project mandates that the net revenue to
debt service ratio must be higher than 1.25%. With the proposed 2.5% rate increase, the
bond convenant ratio is 1.5%. The opinion of both the Public Works Director and the
Finance Director is that a bond coventant ratio of 1.5% is reasonable and fiscally
prudent.
• What options did staff look at to minimize the proposed 2.57a fee increase? Staff
reviewed the proposed budget and made additional cuts to the Wastewater budget
that would not negatively impact service levels. For instance, capital improvement
projects were kept to a minimum to minimize the proposed rate increase. Staff also
revisited revenue estimates to ensure that these estimates were not overly conservative.
Debt service for the Plant 3 Expansion is funded by a combination of sewer user fees
and connection fees. Connection fees were used as the funding source for debt service
as much as fiscally possible to minimize the amount of debt service to be funded with
sewer user fees. Finally, the user fee includes a component for depreciation expense
since funds must be set aside for future capital needs. Since Plant 3 is new, staff phased
in the depreciation expense for Plant 3 over a period of time rather than all at once.
Phasing in Plant 3's depreciation expense had a significant impact on keeping the
proposed sewer user rate down.
• What are the consequences of deferring the proposed 2.5% increase to future years? -
As previously noted, the 2.5% proposed rate increase will generate approximately
$700,000. The proposed operating and capital budget for FY 2011 /12 for the
Wastewater Treatment Fund is $29.5 Million. Although the $700,000 generated by the
proposed 2.5% rate increase is small in comparison to the total FY 11 /12 $29.5 Million
operating and capital budgets, funds should be aside set for future year capital
projects. As previously noted, capital projects for sewer lines and treatment facilities
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ADMINISTRATIVE REPORT
Page 3
have historically been costly. Therefore, maintaining a signficant fund balance is
prudent.
How much is currently In fund balance for the Wastewater Fund? - Attached is page 254
of the City of Bakersfield Proposed Budget for Fiscal Year 2011/2012. Page 254 provides
the financial summary for the Wastewater Treatment Fund for Fiscal Years 2009/10 to
2011/12. Estimated fund balance as of June 30, 2012 is $52,170,999. This amount can be
divided into the following classifications:
o $16,000,000 is set aside as a debt service reserve to ensure bond interest and
principal payments are made on time. There is a timing difference each year
between the cash inflow of user fees collected on the tax rolls and the actual
debt service cash outflow payment dates. This reserve provides the cash flow
buffer needed to ensure funds are available when the payment is due. There is
also a secondary risk factor regarding the Series B bonds, as they are variable
rate bonds. The interest rate re-sets every week and these reserve funds provide
a partial backstop protection should rates adjust beyond budgeted projections.
o $6,000,000 in capital reserves of which $3,456,354 is required to be set aside per the
City's Subregional Agreement with the East Niles Community Services District and
Kern Sanitation Authority. This amount is to be set aside for future Plant 2 capital
costs. The remainder is set aside for unforeseen emergencies.
o $30,170,999 is estimated as the unreserved fund balance for the year ending June
30, 2012. However, the Wastewater Fund does require a sizeable fund balance to
meet future capital obligations. The historical cost of depreciable assets in the
Wastewater Fund per the most recently audited financial statements is $410
Million. Sewer line rehabilitation and treatment facilty projects can be very costly.
In addition, property tax payments are not received until December and April of
each year. Therefore, sufficient fund balance should be set aside to cover the
first five months of each fiscal year where no property tax payments are
received. Deferring the proposed 2.5% rate increase to future years may cause
large increases in future years since the need for a sizeable fund balance
remains prudent for the Wastewater Fund.
Also attached to this Administrative Report is an analysis of Bakersfield's current residential sewer
user rate as compared to other cities. This analysis illustrates that even with the proposed 2.5%
rate increase, Bakersfield sewer user rates remains the lowest.
Two protest letters have been received as of June 2, 2011. These two protest letters are
attached to this Administrative Report. In addition, nine calls have been received in opposition
to the proposed rate increase.
Staff recommends adoption of the two Resolutions establishing sewer and storm sewer service
user charges for residential, industrial, and commercial customers. The Exhibits to each
Resolution include user charges with the proposed 2.5% rate increase.
RP
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ADMINISTRATIVE REPORT
MEETING DATE June 8, 2011 AGENDA SECTION: Closed Session
ITEM: a. ,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD y ~(W-
DATE: May 24, 2011 CITY ATTORNEY V4
CITY MANAGER _
SUBJECT: Conference with Legal Counsel - Potenfiai Litigation
Closed session pursuant to subdivision (b) (3) (A) of Government Code section
54956.9 (One matter)
VG:Isc
S:\COUNCIL\CI Sess\Admins\10-11\6-08-11 Pokff.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 31, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Erica Morataya, et al. v. City of Bakersfield
Kern County Superior Court Case No. S-1500-CV-267729 WDP
VG:Isc
S:\COUNCIL\CI Sess\Admins\ 10-11\6-8-1 1 Exiskit.docx
MEETING DATE: June 8, 2011 AGENDA SECTION: Reports
ITEM: ( j_&,
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 18, 2011
SUBJECT: Fiscal Year 2011-2012 Proposed Budget
1. Department Budget Presentations
a. Recreation and Parks
b. Economic and Community Development
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
The Recreation and Parks and Economic and Community Development Departments
will provide a detailed overview of their FY 2011-12 proposed operating budgets. The
budget overview will include discussion regarding the goals, accomplishments, and
significant budget changes for the respective departments.
APPROVED
DEPARTMENT HEAD
Clw:al
S:\11-12BUDPRO\Admin Reports\Budget Presentation 06.08.11 - RP, EDCD.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Public Hearings
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: April 27, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing for the Fiscal Year 2011-2012 Operating, Bak sfieid
Redevelopment Agency and Capital Improvement Program Budgets
RECOMMENDATION:
Staff recommends Council hear public testimony.
BACKGROUND:
Each year, a public hearing is required to receive public comment prior to adoption of
the budget. The FY 2011-12 Budget is proposed at $436,345,000, which is comprised of
a $361,215,123 Operating Budget, $17,429,895 Bakersfield Redevelopment Agency
Budget and a $57,699,892 Capital Improvement Budget. Final adoption of the budget
is scheduled for June 29, 2011.
AT:al
S:\ 11-12BUDPRO\Admin Reports\Budget Hearing 06,08.11 - Operating, RDA, CIP.docx
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2011 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Chris Huot, Administrative Analyst III DEPARTMENT HEAD
CITY ATTORNEY r~
DATE: May 23, 2011
CITY MANAGER
SUBJECT: Hearing to consider public testimony to consider a request by taxicab companies to Iter
the current rate schedule.
1. Resolution Establishing Taxicab Service Charges
RECOMMENDATION: Receive public comment and adopt resolution setting rates.
BACKGROUND:
The City received a request from several local taxicab companies operating within the City to increase
taxicab rates. The Municipal Code requires taxicab companies desiring to increase rates to submit their
proposed rates to the City and that a public hearing be conducted within 60 days. The Council may
increase, decrease, accept or alter the rates as submitted by taxicab companies within a 60 day period.
Pursuant to the Municipal Code, the new rates as submitted by the taxicab companies would take effect
within 60 days of the date of application absent any action by the City Council.
The City Clerk's Office has received a written request from the companies which provides their justification
regarding the need for the increases. Major reasons stated for the proposed rates include operational cost
increases and increases in the cost of fuel. Staff has noticed the public hearing with the following proposed
rate schedule requested by the taxi companies and has also included the staff recommended proposed
rate changes:
Current Rates
Proposed Rates by
Staff Recommended
M I
Taxi Companies
Rates
Initial Drop Rate
$2.50
$3.00 +$.50
$3.00 +$.50
Mileage (Per mile
$2.50
$3.00 (450)
$2.75 (425)
traveled thereafter
Wait Time (Hourly)
$24.00
$30.00 +$6.00
$27.0)(+$3.00)
(There is also a charge of $1.50 for more than 3 packages, which were not requested to be increased, and
therefore is not a subject of this hearing)
The last rate increase was approved on November 9, 2005. Since that time the CPI for all items has
increased approximately 13.9 percent. During the same period the CPI for transportation related items
including fuel and other transportation related costs has increased approximately 19.5 percent. Since
S:\Chris Huot\Taxi Rate Increase\2011 Taxi Rate Hearing Admin Rpt.doc
ADMINISTRATIVE REPORT
Page 2
November 2005 the average annual cost of regular gasoline per gallon in California has increased 58.3
percent. Staff has completed a survey of taxicab rates which is attached and is recommending approval of
the increases proposed by the taxi companies with the exception of the increase in the mileage charge
which staff recommends be set at $2.75 and the wait time which staff recommends be set at $27. These
amounts would be more consistent with amounts currently being charged in other comparable communities.
The rates proposed by staff would result in an increase from $12.50 to $14 (an increase of $1.50) for a
typical four mile taxicab ride.
Staff has prepared a resolution consistent with the staff recommendation, which may be amended in
accordance with Council actions regarding this matter. Staff recommends that the Council receive public
comment and adopt the resolution setting rates.
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 18, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Couch,
Councilmembers Salas, Benham, Weir,
Hanson, Sullivan, Johnson
Absent: None
2. INVOCATION by Pastor John May, Rio Valley Baptist
Church.
3. PLEDGE OF ALLEGIANCE by Gabriella and Grace
Spoelstra, 2nd and 4th grade students at Heritage
Academy.
Mayor Hall acknowledged the government class from
Ridgeview High School in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of
Appreciation to Robert Price, acknowledging
his slogan "Litter: It's Beneath Us" being chosen
to represent the anti-litter campaign.
Mayor Hall announced the names and slogans of the
five finalists.
Mr. Price accepted the Certificate of Appreciation
and made comments.
b. Presentation by Mayor Hall of Proclamation to
Hector Garcia, Rabobank VP, declaring
May 22, 2011, Lemonade Day.
ACTION TAKEN
Mr. Garcia accepted the Proclamation and made
comments.
Bakersfield, California, May 18, 2011 - Page 2
4. PRESENTATIONS continued
c. Presentation by Mayor Hall of Proclamation
declaring June 1, 2011, Mike Lingo Day.
Councilmember Weir assisted in the presentation and
made comments.
Mr. Lingo accepted the Proclamation and made
comments.
5. PUBLIC STATEMENTS
a. Tina Chapa, with Bike Bakersfield, thanked
Recreation and Parks staff, Terry McCormick
and Dianne Hoover; the Police Department
and the City Council for their assistance with a
recent event at Mill Creek Linear Park;
expressed her appreciation to Mayor Hall for
attending the event; and thanked Vice-Mayor
Couch, Councilmember Sullivan and
Councilmember Salas for allowing Bike
Bakersfield to participate in the Community
Services Committee.
6. WORKSHOPS
a. Update regarding Pacific Gas & Electric's
SmartMeter Program.
Nick Ortiz, with Pacific Gas and Electric
Company's Local Government Relations
Department, made comments and introduced
Greg Kiraly, PG&E's Vice President of
SmartMeter Operations, who gave a
PowerPoint presentation and explained the
meter defect, what the customer response has
been and how they are doing right by the
customers, and how PG&E is monitoring the
situation to ensure that no issues exist moving
forward, and submitted written material,
b. Department Budget Presentations:
1. Fire Department
ACTION TAKEN
Fire Chief Greener made staff comments and
provided a PowerPoint presentation.
Bakersfield, California, May 18, 2011 - Page 3
6. WORKSHOPS continued
Item 6,b, continued
2. Development Services
Planning Director Eggert made staff comments
and provided a PowerPoint presentation.
7. APPOINTMENTS
a. One appointment to the Keep Bakersfield
Beautiful Committee due to the resignation of
Jeremy Wright, whose term was to expire
November, 2014.
City Clerk Gafford announced that this is a Ward 1
nomination, and applications were received from
Sean Battle and Antonio Martinez.
ACTION TAKEN
Motion by Councilmember Sala$ to appoint Antonio APPROVED
Martinez to the Keep Bakersfield Beautiful Committee
due to the resignation of Mr. Wright, term expiring
November, 2014, and place Sean Battle as the
Alternate.
b. One appointment to the Planning Commission
due to the expiration of term of Andy Stanley,
whose term expired April 30, 2011.
City Clerk Gafford announced that this is a Ward 7
nomination, and applications were received from
Sean Battle, Ray Chopra, Ben Horn and Patrick Wade.
Motion by Councilmember Johnson to appoint Patrick APPROVED
Wade to a four-year term on the Planning Commission,
term expiring April 30, 2015.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 4, 2011 Regular
City Council Meeting.
Payments:
b. Receive and file department payments from
April 22, 2011 to May 5, 2011 in the amount of
$9,474,129.35 and self-insurance payments from
April 22, 2011 to May 5, 2011 in the amount of
$259,760.99, totaling $9,733,890.34.
Bakersfield, California, May 18, 2011 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
None.
Resolutions:
C. Resolution confirming approval by the City RES 035-11
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 authorize
collection of the assessments by the Kern
County Tax Collector.
d. Resolution establishing Council Policy RES 036-11
establishing a temporary extension of vesting
rights for subdivision maps and placing
Resolution No. 118-05 in abeyance.
e. Resolution of Intention No. 1688 preliminarily ROI 1688
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District and its 2011-2012 budget;
setting time and place for hearing protests on
the amount of park landscaping assessments to
be levied throughout the Consolidated
Maintenance District.
f. Resolution of Intention No. 1689 preliminarily R01 1689
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District and its 2011-2012 budget;
setting time and place for hearing protests on
the amount of street and median landscaping
assessments to be levied throughout the
Consolidated Maintenance District.
g. Resolution of Intention No. 1690 preliminarily R01 1690
adopting, confirming and approving the Public
Works Director's Report for Traffic Signal
Maintenance Districts and their 2011-2012
budget; setting time and place for hearing
protests on the amount of traffic signal
assessments to be levied throught the Traffic
Signal Maintenance Districts.
Bakersfield, California, May 18, 2011 - Page 5
8.
CONSENT CALENDAR continued ACTION TAKEN
h. Resolution of Intention No. 1691 to add territory, R01 1691
Area 4-101 (117 N Street) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Works Director's Report.
Agreements:
I. Amendment No. 1 to Agreement No. 10-177 AGR 10-177(1)
with Stay Green, Inc. ($35,000; revised not to
exceed $135,000) for tree trimming.
j. Amendment No. 4 to Agreement No. 06-053 AGR 06-053(4)
with Parsons Transportation Group, Corp.
(6 month time extension) for program
management services for the Thomas Roads
Improvement Program (TRIP).
k. Contract Change Order No. 1 to Agreement AGR 11-020
No. 11-020 with Parsam Construction ($85,000; CC01
revised not to exceed $215,000) for completion
of Proto II wall construction within the City in the
Hills development.
Contract Change Order Nos. 1 through 4 to AGR 10-149
Agreement No. 10-149 with Elite Landscaping, CCO1, 0002,
Inc. ($45,885.41; revised not to exceed 0003, 0004
$1,710,828.41) for the Kern River Upland and
River Restoration Project.
M. Contract Change Order No. 1 to Agreement AGR 10-028
No. 10-028 with Wyoming Northstar Inc. 0001
($23,033.56; revised not to exceed
$2,216,661.96) for the LNG/LCBG Fueling Facility
S. Mt. Vernon Ave. & E. Planz Rd. Project.
Bids:
n. Commercial Pool Heater Replacements (2) at
McMurtrey Aquatic Center Project:
1. Accept bid and approve contract with AGR 11-050
Leslie's Poolmart, Inc. ($54,838.82) for
project.
2. Transfer $54,839 General Fund Operating
Budget savings to the Capital
Improvement Budget within the
Recreation and Parks Department for
the purchase and installation of project.
Bakersfield, California, May 18, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
o. Accept bid and approve annual contract with AGR 11-051
Kern Turf Supply, Inc. (not to exceed
$175,026.96) for irrigation parts & supplies.
P. Accept bid and approve annual contract with AGR 11-052
Precision Fertilizer Spreading (not to exceed
$150,750) for hauling and spreading biosolids.
q. Accept bid and approve annual contract with AGR 11-053
Gilliam and Sons, Inc. (not to exceed
$1,440,003) for earthmoving and hauling.
Miscellaneous:
r. Appropriate $25,000 seized asset revenues to
the Police Department Operating Budget within
the General Fund, toward the cost of radio
equipment for the Police Department
Communications Center.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.r.
9. CONSENT CALENDAR PUBLIC HEARINGS
None,
10. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation, Closed Session pursuant to
subdivision (a) of Government Code Section
549569 for the following;
Philip Elms v. City, et al - KCSC Case No.
S-1500-CV-270250-DRL.
2. Erica Morataya, et al v. City - KCSC
Case No. S-1500-CV-267729 WDP.
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 6:15 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 6:55 p.m.
RECONVENED MEETING AT 7:02 p.m.
Bakersfield, California, May 18, 2011 - Page 7
12
CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following:
AUTHORIZED
1. Philip Elms v. City, et al - KCSC Case No. SETTLEMENT NOT TO
S-1500-CV-270250-DRL. EXCEED $60,000
2. Erica Morataya, et al v. City - KCSC NO REPORTABLE
Case No. S-1500-CV-267729 WDP. ACTION
HEARINGS
a. General Plan Amendment No. 11-0052;
McIntosh & Associates, representing Bidart
Bros., has requested a general plan
amendment to change the Circulation Element
Map generally located between Echart Road
(future) and Fruitvale Avenue, west of Golden
State Highway.
Resolution approving the Negative RES 037-11
Declaration and adopting the general
plan amendment of the Circulation
Element to delete the eastern portion of
Ecchart Road (future) and the northern
portion of Fruitvale Avenue at Golden
State Highway and adding a new
collector that connects these two
roadways west of the Union Pacific
Railroad.
Planning Director Eggert made staff comments
and recommended adoption of resolution and
approval of the proposed general plan
amendment to the Circulation Element.
Hearing opened at 7:06 p.m.
No one spoke in opposition to the staff
recommendation.
Roger McIntosh, with McIntosh & Associates,
representing the Bidart Bros., spoke in support of
the staff recommendation.
Hearing closed at 7:08 p.m.
Motion by Vice-Mayor Couch to adopt the APPROVED
Resolution and approve the proposed general
plan amendment to the Circulation Element.
Bakersfield, California, May 18, 2011 - Page 8
13. REPORTS ACTION TAKEN
a. Department Budget Presentations:
1. Police Department
Chief of Police Williamson made staff
comments and provided a PowerPoint
presentation.
Vice-Mayor Couch advised that if the City had
the ability, he would be supportive of adding a
Police Service Technician to the Police
Department's complement.
Councilmember Johnson indicated he could
support Vice-Mayor Couch's suggestion, but
that his preference would be to add a Police
Officer.
2. Public Works
Public Works Director made staff
comments and provided a PowerPoint
presentation regarding the Operating Budget.
Civil Engineer Ramming made the presentation
on the Capital Improvement Program,
Councilmember Benham asked that staff do
everything possible to make sure that Option C
is fully explored as a viable option for the
Centennial Corridor project.
Councilmember Solas asked that staff explore,
in the next budget year, the possibility of
extending the Panama Lane pavement rehab
that is currently proposed from Highway 99 to H
Street, to have it continue all the way through
Union Avenue.
Councilmember Johnson advised that
Assemblyman David Valadao has volunteered
to assist the City with issues Public Works is
having with Caltrans and would be willing to
meet with staff.
Bakersfield, California, May 18, 2011 - Page 9
13. REPORTS continued ACTION TAKEN
Vice-Mayor Couch stated that he wants to
make sure that the City is getting as much done
with a 7-day graffiti crew that overlaps on
Wednesdays as it was getting done with two 5-
day crews.
Councilmember Sullivan asked staff to rind out
if the block wall on both sides of the property in
the cul-de-sac on Chandler Court was done by
CalTrans or the property owners.
Mayor Hall commended the following Solid
Waste staff who participated with the Great
American Cleanup Committee in putting
together a successful event: Sal Moretti, Luda
Fishman, and Jessica Felix.
14. DEFERRED BUSINESS
a. City Council Goals Update - Phase 3
(continued) - Review of Councilmembers'
Proposed Revisions.
Assistant to the City Manager Smiley made staff
comments and addressed the additional
revisions since the last discussion of this item at
the City Council Meeting of April 13th.
Councilmember Solos asked to reinstate the
originally replaced sentence on Goal " and
make the new target action language another
item number.
Assistant to the City Manager Smiley responded
that the requested language could be
reinstated, and pointed out that in Goal # 5, the
provision for Old Town Kern and Southeast
Bakersfield has been included as
Councilmember Salas requested.
Assistant to the City Manager Smiley advised
that, after assessing where the City is in terms of
progress in attaining the goal of 1.3 officers per
1,000 population, staff is proposing that the
goal remain as is.
Bakersfield, California, May 18, 2011 - Page 10
14. DEFERRED BUSINESS continued
Councilmember Johnson asked staff to provide
data regarding which type of Part 1 crimes
are decreasing in order to have brought the
crime rate down.
Councilmember Johnson advised that any
positive trend to increase the officer ratio is
appreciated, and if the City gets extra budget
dollars, that would be his first priority.
ACTION TAKEN
Motion by Vice-Mayor Couch to adopt the APPROVED
Council Goals and Guiding Principles with the AB BENHAM
changes offered this evening.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson stated that Greystone Park
looks tremendous and he is looking forward to its
opening.
Councilmember Hanson asked for assurance that
Campus Park South will have water in it when he
returns from his trip.
Councilmember Solas thanked the following: Public
Works and Solid Waste for helping at the cleanup for
the Cinco de Mayo Stop the Violence event on May
7+n; Public Works for the resurfacing north of Belle
Terrace; and his online supporters for the questions
they submitted.
Councilmember Solos advised he was asked by
Councilmember Benham to refer to staff to clean up
some gang graffiti on the new pedestrian crossing at
Mill Creek along California Avenue.
Councilmember Sullivan referred to the Legislative and
Litigation Committee the issue of strengthening the
ordinance regarding dogs.
Councilmember Sullivan expressed her concerns
regarding the littering and areas not being watered
properly along Highway 99 through the City limits, and
asked staff to contact CalTrans to find out what can be
done to improve the looks along the freeway, and
inquired as to whether a license plate number can be
used to report a littering offense.
Bakersfield, California, May 18, 2011 - Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Solos asked staff for an information
packet that could be provided to a family in a County
pocket on Sunshine Avenue next to his Ward.
Vice-Mayor Couch advised Chief of Police Williamson
that he would like to speak with him after the meeting
about DUI's and plans for some of the parks during the
Memorial Day and July 4th holidays.
Mayor Hall announced that the last weekend in April
concluded the 35th Annual National Street Rod event
at the Kern County Fairgrounds that brought 2,000
automobiles into our community and another 1,000
hotel rooms for 3 days, and he got a letter from the
special events director of the nationwide association
in which he clearly identifies the outstanding work and
contributions made by the Convention and Visitors
Bureau to their shows, and as a result of that they have
renewed their 5-year contract with the Kern County
Fair Board; and Mayor Hall acknowledged the efforts
and contribution of the CVB with this event as well as
many different opportunities.
Mayor Hall asked the Legislative and Litigation
Committee to formulate a Council policy that governs
the use of electronics at public meetings concerning
the practical and legal issues associated with modern
technology, and develop some clear guidelines of
what is and what is not acceptable for both the City
Council and the public.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:00 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield