HomeMy WebLinkAbout11/16/11_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF NOVEMBER 16, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
a. Introduction of student body representatives participating in the 57th consecutive
Teen City Government Day.
2. INVOCATION by Pastor Bill Magsig, Olive Drive Church.
3. PLEDGE OF ALLEGIANCE by Andrea Perez, 4th grade student, Granite Point Elementary
School.
4. PRESENTATIONS
a. Presentation by Caryn Claiborne, Human Resources Analyst II, to department winners of
the 2011 Excellence in Action Awards and the Extra Mile Award in recognition of
outstanding service to the City.
b. Presentation by Mayor Hall of Proclamation to Squadron Commander William Keith
declaring December 2011, Civil Air Patrol Month.
5.
PUBLIC STATEMENTS
6.
WORKSHOPS
7.
APPOINTMENTS
8.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 19, 2011 Regular City Council Meeting.
Payments:
b. Receive and file department payments from October 7, 2011 to November 3, 2011 in
the amount of $34,634,908.68 and self-insurance payments from October 7, 2011 to
November 3, 2011 in the amount of $466,277.62 totaling $35,101,136.30.
Ordinances:
(Ward 4) c. First Reading of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from E (Estate) to E-Ch (Estate-Church) on 18.03 acres located at the northwest
corner of Reina and Old Farm roads (ZC 11-0271 - McIntosh and Associates,
representing the Roman Catholic Bishop of Fresno).
8. CONSENT CALENDAR cont.
d. First Reading of the following Ordinances amending various sections of the Municipal
Code:
1, Section 6.08.010 relating to fowl.
2. Sections 15.65.200, 15.65.210, 15.65.220 and 15.65.230 relating to the fire code.
3. Section 17.04.508 relating to roofline.
4. Section 17.60.060, Section B. 1.f. relating to sign development standards.
5. Sections 17.60.070, Subsection G.5 relating to electronic signs.
(Ward 1) e. Adoption of Ordinance amending Title 17 of the Municipal Code by changing the
zoning from P (Parking) and R-1 (One Family Dwelling) to C-2 (Regional Commercial)
on a 0.44-acre portion of an existing shopping center site located south of Brundage
Lane approximately 400 feet west of the intersection of Roosevelt Street and South
Oleander Avenue (ZC 11-0230 - Kern Land Design representing Y. & R. Lamlaor and
W. & R. Johnson). (FR 10/19/11)
Resolutions:
(Ward 4) f. Resolution approving application for annexation of uninhabited territory to the City
identified as Annexation No. 494 consisting of 24.93 acres located along the
northwest corner of Snow Road and Calloway Drive.
(Ward 6,7) g. Resolution approving application for annexation of uninhabited territory to the City
identified as Annexation No. 624 consisting of 17.28 acres located along the north
side of Taff Highway and west of Stine Road.
h. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and the demolishment of dangerous buildings and
authorizing collection of the assessments by the Kern County Tax Collector.
Resolution approving current and future applications for grant funds for the
Sustainable Communities Planning Grant and Incentives Program under the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Action of 2006 (Prop. 84)
j. Resolutions Setting Salaries and Related Benefits:
Resolution approving the Memorandum of Understanding Setting Salaries and
Related Benefits for the Firefighters and Engineers Unit of the Fire Department.
2. Resolution approving the Memorandum of Understanding Setting Salaries and
Benefits for the Fire Supervisory Unit of the Fire Department.
k, Resolution Setting Salaries and Related Benefits for Officers and Employees of the
General Supervisory, Police Supervisory and Management Units.
City Council Meeting of 11 /16/2011
8. CONSENT CALENDAR cont.
(Ward 1,4) I. Sewer connection and construction fee assessments:
1. Resolution confirming assessments for sewer connection fee and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreements with the following property owners to pay sewer connection and
construction fees in installments through the Kern County Tax Collector:
a. William R. Gustin Jr., 18 N. McDonald Way
b. Richard E. & Beverly J. Loughman, 7500 Kimberly Ave.
C. Donald C. & Victoria L. Rambo, 7512 Hooper Ave.
d. Bill C. & Norma J. Johnson, 8001 Kimberly Ave.
e. James P. & Kathleen A. Webdell, 7609 Kimberly Ave.
f. Thomas H. & Linda Meek, 7509 Hooper Ave.
g. Christopher D. & Pamela J. Hillis, 7901 Hooper Ave.
h. Kelsie R. Gates, 7509 Kimberly Ave.
I. Jerry Vern & Lynda L, Karr, 7504 Kimberly Ave.
j. Roger D. & Linda K. Reed, 7703 Kimberly Ave.
k. Lawrence M. & Lorraine Okumoto, 7805 Kimberly Ave.
M. Resolution authorizing the submission of an application to the California State
Department of Housing and Community Development for funding under the
CalHome Program, for a Downpayment Assistance Program ($1,000,000).
(Ward 2) n. Resolution authorizing the application for State grant funds ($1,440,000) and
participation in the Building Equity and Growth in Neighborhoods (BEGIN) Program
for the Creekview Villas, including execution of a Standard Agreement or other
documents to secure funding from the California Department of Housing and
Community Development.
o. Resolution setting rates and equipment specifications for tow truck services provided
pursuant to contract with the City.
P. Resolution determining that the Chief of Police is appointed as agent authorized to
execute memorandums of understanding with the Kern allied agencies participating
in the Kern AVOID 18 Project funded by a grant from the California Office of Traffic
Safety.
(Ward 1) q. Disposal of Real Property located at 700 Planz Road:
1. Resolution declaring real property surplus to the needs of the City.
2. Agreement with Jose Ramon Carillo ($100,000) for purchase of property.
Agreements:
(Ward 4) r, Agreement between City and the County of Kern regarding apportionment of tax
revenues upon annexation of territory to the City of Bakersfield as Annexation No.
637 generally located west of Calloway Drive along the north side of Rosedale
Highway.
(Ward 6) s. Maintenance Agreement with Pampas Del Cielo, LLC, for Parcel Map 10606 located
on Woodmere Drive and east of Ashe Road.
City Council Meeting of 11 /16/2011
8. CONSENT CALENDAR cont.
(Ward 4) t. Utility Agreement with Matrix Oil Corp. ($42,500) for the relocation of electrical
facilities located along the east side of Renfro Road at the Westside Parkway Project.
(TRIP)
(Ward 1,2) U. Amendment No. 2 to Agreement No. 10-114 with Leverage Information Systems, Inc.
($177,792.06; revised not to exceed $530,000), for installation of additional audio,
video and surveillance cameras located at additional strategic locations.
(Ward 6) v. Amendment No. 1 to Settlement Agreement No. 10-042 with Travelers Casualty and
Surety Company of America for Dunmore Diamond Ridge Tract 6332 located
between Ashe and Stine roads south of McCutchen Road.
(Ward 6) w. Pavement Rehabilitation 2011 Phase 2: Stine Road - Pacheco Road to White Lane:
1. Contract Change Order No. 1 to Agreement No. 11-078 with Granite
Construction ($136,949; revised not to exceed $1,748,837); and
2. Appropriate $20,000 Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget for the local match requirement.
(Ward 7) X. Contract Change Order No. 1 to Agreement No. 11-092 with Granite Construction
($33,594.68; revised not to exceed 1,096,698.68) for the Pavement Rehabilitation 2011
Phase 4: Ming Avenue from Wible Road to Hughes Lane project.
(Ward 2) Y. Streetscape Improvements, Q Street, Truxtun Avenue to 24th Street:
1. Contract Change Order Nos. 1 and 2 to Agreement No. 11-068 with Kern
Pacific Construction Company ($63,900.82; revised not to exceed
$4,997,661.27); and
2. Appropriate $175,000 Gas Tax Fund balance to the Public Works
Department's Capital Improvement Budget.
(Ward 3) Z. Contract Change Order Nos. 35, 50, 53, 74, 87, 88, and 97 to Agreement No. 07-304
with Security Paving Construction ($388,213.57; revised not to exceed $33,517,593.09)
for the State Route 178 and Fairfax Road Interchange Project. (TRIP)
Bids:
(Ward 4) aa. Westside Parkway Phase 6B Project - Allen Road Interchange (TRIP):
1. Accept low bid and award contract to Security Paving Co., Inc.
($12,421,698.70), to construct the Project, and
2. Agreement with Nolte Associates, Inc. ($1,310,256.90), for construction
management services for the Project, and
3. Amendment No. 1 to Agreement No. 05-181 with Rosedale Rio Bravo Water
Storage District for the exchange of additional properties to facilitate
construction of the Westside Parkway Phase 6B and 6C projects.
4 City Council Meeting of 11 /16/2011
8. CONSENT CALENDAR cont.
bb. Accept bid from Quinn Company ($330,960.63) for one replacement hot mix asphalt
paver for the Public Works Streets Division.
cc. Accept bid from Jim Burke Ford ($277,260.17) for one additional and eight
replacement Super Duty (19,000 GVW) Service Truck Cab and Chassis for the
Recreation and Parks, Public Works/General Services, Public Works/Solid Waste, and
Fire departments,
dd. Accept bids and approve contracts to IPC USA ($2,750,000) and Valley Pacific
Petroleum Services, Inc. ($1,250,000) for the annual contracts to supply fuel.
(Ward 2) ee. Accept bid and approve contract to Wellsona Iron and Engineering ($77,285,00) for
the Kern River Canal Headgate Corrosion Repair Project.
Miscellaneous:
ff. Appropriate $50,990 from First Five Kern grant revenues to the Recreation and Parks
Operating Budget to provide a water safety education program (Make-A-Splash).
(Ward 7) gg. Appropriate $5,324 PG&E Grant Revenue to the Development Services Operating
Budget within the General Fund for a community safety project at Stancliff and
Napal Courts.
(Ward 1,2) hh. Appropriate $185,624 Federal Grant Revenues to the General Fund Police Operating
Budget to expand the downtown surveillance system by adding cameras to cover
the Police Headquarters building and areas on Union Avenue identified by high
crime rates.
Appropriate $1,500 State Farm Insurance Company donation to the Fire Department
Operating Budget within the General Fund for smoke detectors for the Free Smoke
Detector Deployment Plan,
jj. Appropriate $560,500 County Share Project costs to the Public Works Capitol
Improvement Budget within the TRIP/TDF Local Match Fund, for reimbursement of
costs paid by the City on the 7m Standard Road Widening Project. (TRIP)
Staff recommends adoption of Consent Calendar items 8.a. through 8.J.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. CLOSED SESSION
11. CLOSED SESSION ACTION
12. HEARINGS
a. Public Hearing and First Reading of an Ordinance amending Chapter 1.12 of the
Municipal Code revising the boundaries of City Council Wards 1 through 7. (opened &
continued at meetings 9/28/11 & 10/19/11)
Staff recommends First Reading of the Ordinance.
5 City Council Meeting of 11/16/2011
13. REPORTS
(Ward 3)
(Ward 3)
a. Agreement with AEG Cycling, LLC to host the Time Trial for the 2012 Amgen Tour of
California.
Staff recommends approval with authorization to make minor revisions if necessary.
b. Memorandum of Understanding with Bakersfield Sports Foundation to delineate
parties' obligations and responsibilities for hosting the 2012 Time Trial of the Amgen
Tour of California.
Staff recommends approval of agreement.
14. DEFERRED BUSINESS
(Ward 3) a. SR 184 Improvements:
1. Cooperative Agreement with the State of California Department of
Transportation (Construction costs of $943,000 to be funded by Caltrans;
Construction support costs of $200,000 to be funded by the City) to flatten the
roadbed profile and to reconstruct sidewalk, curb, and gutter at the
intersection of SR 178 and Bedford Green Drive.
2. Appropriate $200,000 Gas Tax Fund balance to the Public Works
Department's Capital Improvement Budget to fund City share of project cost.
Staff recommends approval of agreement and appropriation.
15. NEW BUSINESS
a. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Budget Presentations for January through December 2012.
Staff recommends adoption of the Resolution.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
q1
Alan Tandy
City Manager
11/9/11 2:48pm
6 City Council Meeting of 11 /16/2011
AGENDA HIGHLIGHTS
November 16, 2011 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
This meeting will Include the 57th annual "Teen City Government Day" student introductions during
the Roll Call and a special presentation to recognize the 2011 Excellence in Action and Extra Mile
Award recipients,
CONSENT CALENDAR
Resolutions
Item 8j.and 8k. Resolution setting salaries and related benefits for the Firefighters and Engineers
and- Fire Supervisory units and the General Supervisory Police Supervisory and Management units.
Item Si. The City's last agreement with BFLO expired in March, 2008. After a prolonged period
during which no agreement could be reached, BFLO, in a spirit of cooperation and
understanding, reconvened negotiations with the City. Those discussions resulted in mutual
agreement on a short-term MOU to be effective from November 16, 2011 through June 30, 2012
and will include a 3% salary adjustment effective December 19, 2011. The salary adjustment is
consistent with the Blue and White Collar employees' 2% and Includes an additional 1 as the Fire
employees have not received a COLA adjustment since December 2007. The MOU also allows
the Fire Chief to waive the residency requirement for appropriate cases and adds language that
acknowledges the City's desire to have future discussions relating to employees hired prior to
January 1, 2011 gradually assuming payment of their retirement contribution. With the approval of
this MOU, only the employees under the Bakersfield Police Officers Association will be without a
contract.
Item 8k. The Management/Supervisory employees have traditionally received the same salary
and benefit settlements as the SEIU employees have received through their MOU, with the last one
being approved in 2008. Because of negative economic conditions in recent years, SEIU, in a
positive spirit of cooperation, postponed a 4% COLA adjustment that was due in December 2009
and agreed that it would be split as 2% In December, 2011 and 2% in July, 2012. Further, SEIU
agreed to postpone a third 4% COLA adjustment, which assisted the City in avoiding further
staffing reductions. The Management and Supervisory units also agreed to forgo the third increase
to assist the City during financial hardship. As recent financial trends have been Improved, the
City can now offer the Management and Supervisory employees the some 2% adjustment that will
be effective for the SEIU employees on December 19, 2011. An additional component of this
request relates specifically to the Police Sergeants' unit. In September, 2011, at their request, the
Sergeants were removed from representation by the Bakersfield Police Officers' Association and
are now placed back with the non-represented Supervisory and Management units. As the Police
Sergeants' last salary adjustment was in March 2007, an additional 1% adjustment is being
requested for them.
Item 8o. Resolution setting rates for Tow Truck Services. In March, 2011, the Bakersfield Towing
Coalition, which represents the 10 tow truck companies under contract with the City, requested a
35% rate increase. Staff analyzed their request and concluded that an increase of 10.15% would
be more appropriate, based on labor and fuel cost increases related to tow companies. The
Towing Coalition supports the staff analysis and Is agreeable to the 10.15% increase, with no
increase to the charge for towing City vehicles. This item was previously on the October 19, 2011
Council agenda, However, Councilmember Salas requested it be postponed and asked staff to
.
do some additional analysis of the towing rates and related issues. The administrative report
includes a detailed staff response that explains the significant differences in costs between private
towing rates and police initiated rates and also shows a comparison with the 10 cities we
traditionally survey, as well as Kern County and the California Highway Patrol. Staff recommends
approval of the proposed rates,
Bids
Item 8aa. Westside Parkway (Phase 6B Project) - the Alen Road Interchange (TRIP). This item
requests approval of 3 separate, but related, actions for this project: 1) the construction contract
2) the construction management agreement; and 3) an amendment with Rosedale Rio Bravo
Water Storage District to exchange additional land needed to complete the project. Phase 6B will
include the Allen Road bridge, the eastbound and westbound on-ramps and the widening of
Allen Road In the surrounding area. Staff recommends award of the construction contract to the
lower bidder, Security Paving Company, in the amount of $12,421,698.70; and entering Into an
agreement with Nolte Associates for construction management services in the amount of
$1,310,256.90. Nolte is handling the construction management services for Phases 1 and 2 and
their performance has been very favorable to date. Also Included in this action is an amendment
to an agreement with Rosedale Rio Bravo Water Storage District for the City to provide them an
additional 1.43 acres to Increase their usable recharge area in exchange for 2.04 acres for the
Allen Road Interchange. The City will also pay for the relocation of an electrical line that needs to
be moved for the Interchange. By doing this land exchange, the City avoids the construction of
retaining walls along the west side of Allen Road, which will result in savings of over $3 million. Staff
recommends approval of these 3 actions to move forward with the Allen Road Interchange
project.
HEARINGS
Item 12a. Public Hearina and First Readina of on Ordinance revising the ward boundaries. This
item was continued from the October 19th Council meeting to allow the City Attorney to review
the Federal Voting Rights Act to determine if there would be any potential violations related to the
proposed Ward boundary changes. The administrative report Includes the City Attorney's
determination that the Concept 1 map, as supported by the majority of the Council In previous
Council presentations, maintains the majority vote held by minorities in Ward 1 and does not
create any potential violation of the Act. Staff was also asked to provide an option to adjust an
area in the northwest, which has resulted In a new Concept Map 1 A and slightly adjusts Wards 3, 4,
and 5 (it remains in compliance with the Voting Rights Act). An additional new map that would
leave the areas bounded by California Avenue, State Highway 58, Chester Avenue, and Union
Avenue within Ward 1 is also Included for the Council's review. Staff continues to recommend the
first reading of the ordinance to amend the ward boundaries proposed in Concept 1, as it
achieves a population deviation of less than 5%, the boundary changes are minimal, and it is
compliant with the Voting Rights Act.
REPORTS
Items 13a. and 13b. 2012 Amgen Tour of California - Agreement with AEG Cycling, LLC, and MOU
with the Bakersfield Sports Foundation. Bakersfield has been selected to host the Time Trial for the
Amgen bicycle racing event In 2012. It will be held on May 17, 2012; AEG has not yet determined
the route. Similar to actions approved by the Council in 2009 when Bakersfield hosted a stage
finish event, Council approval is requested for execution of an agreement between the City and
Agenda Highlights - November 16, 2011 Council Meeting
Page 2
AEG Cycling, as well as a separate MOU between the City and the Bakersfield Sports Foundation,
the local organizing committee, The Sports Foundation will have the primary responsibility for
meeting the host city obligations on behalf of the City. The 2010 stage finish in Bakersfield was very
successful and well received. Only one California city is selected to host the Time Trial, so the
selection of Bakersfield is a very prestigious honor.
DEFERRED BUSINESS
Item 14a. State Route 184 Improvements. The City, Caltrans, and developer, K. Hovnanian
previously entered into an MOU to construct Bedford Green Drive to provide an alternate
connection between State Routes 178 and 184. This item requests approval of an agreement
between the City and Caltrans for the project construction, with Caltrans funding $943,000 and
the City providing construction support services estimated at $200,000. The project will Include
flattening the roadbed profile and reconstructing sidewalk, curb and gutter near SR 178 and
Bedford Drive, enabling traffic to access SR 184 through Bedford Green Drive. Staff recommends
approval of the agreement with Caltrans and an appropriation of $200,000 Gas Tax Funds to the
Public Works CIP budget for the City's share of the project expenses.
NEW BUSINESS
Item 15a. 2012 Council Meeting Dates. Council is requested to approve the Resolution setting the
dates for the City Council meetings, Budget Hearings, and. Department Budget Presentation for
2012. Holidays, spring break, election deadlines, and the LCC Conferences were considered in
the formulation of the proposed schedule.
Approved: /
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - November 16, 2011 Council Meeting
Page 3
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Roll Call
ITEM: I. ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
November 2, 2011
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Introduction of Student Body Representatives Participating in the 57th consecutive
"Teen City Government Day"
RECOMMENDATION:
BACKGROUND:
The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and
the Optimists in sponsoring Teen City Government Day. This is the 57th year the City has been
involved in this event.
The school district has indicated that seventeen (17) schools will be participating, and they are:
Bakersfield, Bakersfield Christian, Centennial, East Bakersfield, Foothill, Frontier, Garces, Golden
Valley, Highland, Independence, Liberty, Mira Monte, North, Ridgeview, South, Stockdale, and
West High Schools.
Four students from each school will participate in the Teen City Government Day morning
activitles. Students representing the Mayor and Council, the City •Manager, Assistant to the City
Manager/PIO, Assistant to the City Manager, Administrative Analyst - City Manager's Office, City
Attorney, City Clerk, Public Works Director, Planning Director and Building Director (one student
representing each school) will attend the evening session from 5:15 p.m, to no later than 7:30
p.m. Council will then take a short recess to allow students to leave to prepare for the following
day's classes.
November 2, 2011, 3:25PM
VATEEN GOVT DAY\2011 Wdministrative Report - Teen Govemment Day - 2011.doex
RG: at
MEETING DATE: November 16, 2011 AGENDA SECTION: Presentations
ITEM: .
TO: Honorable Mayor and City Council APPROVED
All
FROM: Caryn Claiborne, Human Resources Analyst II rt ' DEPARTMENT HEAD
DATE: October 25, 2010 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Presentation by Caryn Claiborne, Human Resources Analyst II to department
winners of the 2011 Excellence in Action Awards and the Extra Mile Award in
recognition of outstanding service to the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
' ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Presentations
ITEM: 4. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
November 3, 2011
Presentation by Mayor Hall of a Proclamation declaring December, Civil Air Patrol Month in
Bakersfield, to Squadron Commander William Keith, of the Civil Air Patrol.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
krt
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8, 2.
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: November 4, 2011 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Approval of Minutes of the October 19, 2011 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
k
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 3, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from October 7, 2011 to
November 3, 2011 in the amount of $34,634,908.68 and Self Insurance
payments from October 7, 2011 to November 3, 2011 in the amount
of $466,227.62, totaling $35,101,136.30.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
November 3, 2011, 2:33PM
S:UCim GIADMIN\COUNCIL-ADMIN-AP-2012ADMIN-AP 111611.doc
P ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8. c.
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 28, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER 85'
SUBJECT: First reading of ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from E (Estate) to E-Ch (Estate-Church) on 18.03 acres located at the
northwest corner of Reina Road and Old Farm Road (ZC # 11-0271 - McIntosh
and Associates representing the Roman Catholic Bishop of Fresno) (Ward 4).
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND:
On October 20, 2011, the Planning Commission held an advertised public hearing on this zone
change request, and recommended adoption by the City Council. The request consists of
changing the zoning from E (Estate) to E/CH (Estate/Church Overlay) on 18.03 acres located
at the northwest corner of Reina Road and Old Farm Road.
The proposed zone change will allow for the development of Saint Elizabeth Ann Seaton
Catholic Church, including the main sanctuary, meeting rooms, and other related church
improvements.
An application for Site Plan Review (#11-0310) for the first phase of the church was recently
submitted and currently under staff review pending completion of this zone change. The
proposed site plan depicts a 27,795 square foot, 688-seat church.
Based upon an initial environmental assessment, staff has determined the proposed project
will not significantly affect the physical environment or existing residential development in the
area, therefore a Negative Declaration was prepared and advertised.
There were no comments on the proposal and the Planning Commission unanimously
approved the request on consent. Staff recommends first reading of the zone change.
October 31, 2011, 8:38AM
TJ / S: I DanaW DMI NS12011 WO V 111-16-0271 1. doc
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8. d .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: October 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: 1. First Reading of Ordinance Amending Section 6.08.010 Relating to Fowl.
2. First Reading of 'Ordinance Amending Sections 15.65.200, 15.65.210, 15.65.220
and 15.65.230 Relating to the Fire Code.
3. First Reading of Ordinance Amending Section 17.04.508 Relating to Roofline.
4. First Reading of Ordinance Amending Section 17.60.060, Section B.1.f Relating to
Sign Development Standards.
5. First Reading of Ordinance Amending Sections 17.60.070, Subsection G.5
Relating to Electronic Signs.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
BACKGROUND:
Periodically, various Departments throughout the City request changes to the Bakersfield
Municipal Code which are minor in nature. Generally, the changes are being sought to make a
section read better or to reflect current practice or correct typographical errors.
The following is a list of ordinances that are being recommended by Staff for changes:
1. BMC Section 6.08.010. This amendment clarifies that the keeping of poultry or fowl
of any kind can only be on property within an agricultural zone or residential suburban zone.
2. BMC Sections 15.65.200, 15.65.210, 15.65.220 and 15.65.230. The amendment to
these sections eliminates "educational" from the list of zoning map designations as the City does
not have such a designation and schools are covered under commercial designations.
3. BMC Section 17.04.508. This amendment clarifies the definition of "roofline" by
eliminating some language which was confusing.
4. BMC Section 17.60.060, Subsection B.l.f. The amendment revises the reference to
correct a section number.
5. BMC Section 17.60.070, Subsection G.5. The amendment adds language to ensure
that this section and subsection 1 are consistent.
JT:Isc
SACOUNCUAdmins\11-12%Cleanup 2011.doox
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 26, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY r
CITY MANAGER ~W
SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from P (Parking) and R-1
(One Family Dwelling) to C-2 (Regional Commercial) on a 0.44-acre portion of an
existing shopping center site, located south of Brundage Lane, approximately 400
feet west of the intersection of Roosevelt Street and South Oleander Avenue. (ZC
#11-0230 - Kern Land Design representing Y. & R. Lamlaor and W. & R. Johnson )
(Ward 1).
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on October 19, 2011.
The proposed zone change will allow for subsequent expansion of an existing shopping center,
which is located along the south side of Brundage Lane, east of Hughes Lane. State Highway
58 is adjacent to the south. The rezoning will bring the zoning into compliance with the existing
commercial land use designation for these properties. The proposed zone changes are from P
(Parking) to C-2 (Regional Commercial) on a 0.18-acre portion of the site (2129 Brundage Ln),
and from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on a 0.26-acre portion of
the site (2200 Roosevelt). Current uses include parking to support the retail commercial
development and a single family residence, respectively.
On August 18, 2011, the Planning Commission held an advertised public hearing on this zone
change request. Although staff had recommended approval, it was continued so the
applicant could resolve some internal issues with the single family property owners. On
September 15, 2011, the Planning Commission recommended adoption by the City Council.
Commercial and multifamily residential zoning in the area occurred in 1971. As development
consistent with those zones became established, the single family residence located at 2200
October 28, 2011, 3:57PM
KS /S.%DanaIADMINS%2011WOV111-16-ZC#11-0230 2.doc
ADMINISTRATIVE REPORT
Roosevelt became an isolated "R-1 island". The owner wishes to obtain commercial zoning to
sell the residence, which will facilitate a logical expansion to the shopping center. The Parking
zone adjacent to the home is being removed since it was initially put in place to provide a
buffer from the commercial development. The proposal will provide contiguous commercial
zoning for the shopping center by "squaring off" the site to improve its functionality. Any future
development or expansion proposals will require site plan review and approval.
The Planning Commission received one letter from the public in support of the zone change
with comments regarding the need for wall and landscaping separation between the
commercial zone and the adjacent residential establishments, as well as noise and traffic
considerations. All noted concerns are addressed with the conditions of approval of the
proposed zone change, and meeting ordinance requirements for a block wall and
landscaping that will be applied at the time of site plan review.
Staff determined that the project is an in-fill development; and thus exempt from CEQA under
Section 15332 of the State CEQA Guidelines. A Notice of Exemption was prepared on August
2, 2011 in accordance with CEQA.
Staff recommends adoption of the ordinance.
October 28, 2011, 3:57PM
KS IS.1DanalADMINS12011WO011-16-ZC#11-0230 2.doc
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 0. f .
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 28, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application for annexation of uninhabited territory to
the City of Bakersfield identified as Annexation No. 494 consisting of 24.93
acres, located along the northwest comer of Snow Road and Calloway
Drive. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited
territory to the City of Bakersfield. Annexation No. 494 is located along the northwest
corner of Snow Road and Calloway Drive. This annexation consists of 4 parcels on 24.93
acres. The property owner's (Julie Randolph, James Etchevarry, and Lisa Hance Separate
Property Trust and Francis Peterson Separate Trust) have consented to annexation. The
proposal is to annex the property for development purposes and to receive city services.
This annexation is adjacent to the City limits and within the City's Sphere of Influence
boundary. The exchange of property tax revenues for this annexation will be covered
under the master tax.split agreement (Memorandum of Understanding 05-015) between
the City of Bakersfield and County of Kern.
JE:dl:dc
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MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 28, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGERS
SUBJECT: Resolution approving application for annexation of uninhabited territory to
the City of Bakersfield identified as Annexation No. 624 consisting of 17.28
acres, located along the north side of Taft Highway, east and west of Stine
Road. (Wards 6 & 7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited
territory to the City of Bakersfield. Annexation No. 624 is located along the north side of
Taft Highway, east and west of Stine Road. This annexation includes 9 parcels on 17.28
acres. These parcels are surrounded by city limits on three sides and create a county
strip within the area. Property owners Leroy & Rose Grider and Panama Elementary
School submitted written request for annexation into the city. The other 6 properties were
added to the annexation at the direction of LAFCO to prevent creation of a small county
island (once pending annexations are approved south of Taft Highway). These property
owners were contacted by City staff but only Herold & Laverne Heron responded that
they were not interested in annexation; there was no reply from property owners David &
Patricia Stephens, Paul Rubio or the Robert Larry Boyles Trust. All parties will have an
additional opportunity to voice their acceptance/rejection as they will receive notice of
the public hearing before LAFCO when annexation of this area is considered.
The annexation is adjacent to the City limits and within the City's Sphere of Influence
boundary. The exchange of property tax revenues for this annexation will be covered
under the master tax split agreement (Memorandum of Understanding 05-015) between
the City of Bakersfield and County of Kern.
JE:dl
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A
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM g. h.
TO: Honorable Mayor and City Council APPROVED
FROM: Phil Burns, Building Director DEPARTMENT HEAD
DATE: October 28, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and the demolishment of dangerous
buildings and authorizing collection of the assessments by the Kern County Tax
Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on October 10, 2011, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter and/or were determined to be in violation of
Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous
buildings. The property owners were notified and failed to comply with the notices to abate such
public nuisance. After a hearing duly noticed and held before the Building Director, the Director
issued orders requiring the property owner to abate the public nuisance. The subject properties
are listed as follows:
PROPERTY LOCATION APN COST
Ward 1 /Councllmember Salas
1. 1212 Antonia Way
022-021-15
$
829.00
2. 1501 Antonia Way
022-122-07
$
788.00
3. 440 E. Belle Terrace
169-140-01
$
300.00
4. 217 Bliss Street
139-341-19
$
719.00
November 2, 2011, 1:38PM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Councilmember Was
5.
316 Clifton Street
018-370-08
$
716.00
6.
613 El Prado Drive
011-152-13
$
105.00
7.
1501 El Rancho Drive
011-362-12
$
300.00
8.
512 Fig Street
011-041-10
$
105.00
9.
1300 Gorrill Street
018-091-49
$
105.00
10.
1312 Gorrill Street
018-091-34
$
105.00
11.
418 S. Haley Street
019-071-03
$
105.00
12.
422 S. Haley Street
019-071-02
$
659.00
13.
301 Haybert Court
011-112-14
$
845.00
14.
303 Haybert Court
011-112-15
$
845.00
15.
2821 S. I Street
022-131-33
$
105.00
16.
211 Kincaid Street
018-200-13
$
300.00
17.
324 S. King Street
139-302-16
$
745.00
18.
3100 Laurel Drive
022-082-13
$
300.00
19.
6522 Lost Canyon Court
516-092-07
$
753.00
20.
104 Madison Street
169-050-07
$
869.00
21.
North of 122 Madison Street
169-031-32
$
686.00
22.
831 N Street
009-222-06
$
743.00
23.
507 P Street
009-420-20
$
105.00
24.
101 Reynosa Avenue
516-133-01
$
105.00
25.
1518 Richland Street
011-101-12
$
105.00
26.
1425 Santiago Court
412-241-22
$
105.00
27.
1125 Snyder Lane
011-082-02
$
969.00
28.
516 T Street
009-480-36
$
105.00
29.
700 Terrace Way
011-050-23
$
105.00
30.
Terrace Way & Hwy 58
011-050-34
$
105.00
31.
710'/2 Terrace Way
011-050-26
$
300.00
32.
629 S. Tulare Street
139-222-07
$
649.00
33.
121 E. 7th Street
139-210-18
$
729.00
34.
108 E. 8th Street
139-191-12
$
679.00
35.
515 E. 9th Street
139-161-09
$
105.00
36.
530 E. 9th Street
139-111-05
$
105.00
37.
600 E. 9th Street
139-112-10
$
105.00
38.
613 E. 9th Street
139-162-04
$
105.00
39.
1312 E. 9th Street
018-061-24
$
850.00
* 40.
209 E. 10th Street
139-132-03
$
5,093.00
41.
617 10th Street
009-180-15
$
105.00
42.
1206 11 th Street
009-031-08
$
105.00
* Demolished structure
October 28, 2011, 11:17AM/kd
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ADMINISTRATIVE REPORT
PROPE
RTY LOCATION
APN
COST
Ward
2/Coundimember Benham
43.
708 A Street
007-321-24
$
300.00
44.
2821 California Avenue
007-031-10
$
850.00
45.
401 Chester Avenue
009-322-10
$
105.00
46.
923 Eureka Street
017-290-03
$
719.00
47.
527 Eye Street
009-291-03
$
300.00
48.
8 Flower Street
012-052-13
$
839.00
49.
823 Kentucky Street
014-300-10
$
540.00
50.
225 Lincoln Street
012-290-05
$
645.00
51.
1310 Niles Street
015-160-14
$
105.00
52.
1730 Olive Street
004-232-01
$
675.00
53.
2009 Orange Street
007-192-02
$
105.00
54.
206 Pacific Street
012-270-16
$
300.00
55.
1019 Pacific Street
015-080-05
$
999.00
56.
1405 Pacific Street
015-120-01
$
1,099.00
57.
2605 Pine Street
001-084-09
$
105.00
58.
1023 Robinson Street
015-400-17
$
929.00
59.
3114 San Emidio Street
007-043-19
$
785.00
60.
2231 Sunset Avenue
007-083-03
$
888.00
61.
1718 Tulare Street
012-380-22
$
900.00
62.
1908 Verde Street
008-334-11
$
300.00
1. ~ ~Ir7L~ITI'L3 u - • -
63.
3205 Annapolis Drive
021-242-13
$
740.00
64.
2919 Berkeley Street
021-052-21
$
300.00
65.
10809 Brickyard Court
533-132-09
$
300.00
66.
3205 Bucknell Street
021-280-11
$
105.00
67.
3209 Bucknell Street
021-280-12
$
105.00
68.
3213 Candlewood Drive
382-153-03
$
725.00
69.
10803 Chase Avenue
533-131-04
$
105.00
70.
2909 Hollins Street
021-351-15
$
105.00
71.
3017 Hollins Street
021-351-21
$
105.00
72.
3221 Idaho Street
021-423-21
$
105.00
73.
2805 Occidental Street
021-443-23
$
300.00
74.
3800 Pasadena Street
382-141-11
$
105.00
75.
4200 Prince Street
119-252-11
$
105.00
76.
2918 Roanoke Court
383-182-18
$
640.00
77.
1201 Shattuck Avenue
021-261-01
$
694.00
78.
1401 Shattuck Avenue
021-261-12
$
105.00
79.
913 Stanford Court
021-041-16
$
790.00
October 28, 2011, 11:17AM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 3/Councilmember Well
AP COST
80.
2905 St. Marys Street
021-432-12
$
759.00
81.
1400 Telegraph Avenue
021-261-21
$
105.00
82.
2507 University Avenue
383-051-08
$
699.00
83.
2719 University Avenue
383-091-04
$
300.00
84.
912 Yale Avenue
021-041-28
$
105.00
Ward 4/Councilmember Couch
85.
2206 Brighton Park Drive
523-440-20
$
829.00
86.
2308 Exton Street
523-392-06
$
900.00
87.
10411 Olympia Fields Drive
500-233-22
$
799.00
88.
9912 Rain Check Drive
525-141-32
$
300.00
89.
12518 Reina Road
528-433-13
$
720.00
90.
12503 Stablegate Drive
528-401-04
$
740.00
91.
1708 Calaveras Court
380-063-17
$
810.00
92.
8904 Campus Park Court
392-280-07
$
105.00
93.
9615 Campus Park Court
392-380-07
$
105.00
94.
8816 Crowningshield Drive
392-211-05
$
719.00
95.
9209 Duncanson Drive
392-273-23
$
105.00
96.
5517 Glacier Court
498-172-10
$
700.00
97.
10606 Grand Prairie Drive
497-246-03
$
105.00
98.
3838 Millay Way
392-311-33
$
719.00
99.
7708 Selkirk Drive
380-242-03
$
750.00
100.
10216 Sunset Canyon Drive
394-121-03
$
300.00
101.
5317 Villa Bella Lane
497-562-38
$
729.00
102.
10901 Villa Monterey Drive
497-562-01
$
105.00
Ward 6/Coucilmember Sullivan
103.
3600 Ashe Road # 15
384-410-15
$
105.00
104.
5713 Briarwood Lane
355-274-08
$
1,040.00
105.
5207 Cedarbrook Lane
499-065-03
$
720.00
106.
5311 Clover Mountain Street
498-304-08
$
105.00
107.
3200 Corvallis Court
381-287-01
$
763.00
108.
5325 Silver Creek Road
499-062-01
$
765.00
109.
6508 Vancouver Drive
385-031-10
$
105.00
110.
3501 Westchester Avenue
440-122-09
$
825.00
October 28, 2011, 11:17AM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
APN COST
Ward 7/Counclimember Johnson
111.
2507 Blackstone Court
112.
2308 Connie Avenue
113.
2621 Connie Avenue
114.
7114 Hayden Hill Street
115.
2111 Julian Avenue
116.
2305 Julian Avenue
117.
1105 Mable Avenue
118.
4609 Napal Court
119.
1500 Pacheco Road #53
120.
3048 Panama Lane
121.
1116 Statkowski Court
122.
4908 Stine Road
123.
6915 Whisenant Street
124.
1312 White Lane
023-282-13
$
700.00
372-224-05
$
300.00
372-053-13
$
920.00
516-405-04
$
300.00
405-150-39
$
105.00
405-133-06
$
105.00
413-134-10
$
105.00
171-230-26
$
675.00
171-200-53
$
300.00
372-253-24
$
105.00
516-424-12
$
105.00
371-171-02
$
300.00
516-411-05
$
678.00
025-122-20
$
105.00
The owners of the above-mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
October 28, 2011, 11:17AM/kd
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MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: j .
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: October 24, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving current and future applications for grant funds for the
Sustainable Communities Planning Grant and Incentives Program under the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006 (Proposition 84). (All Wards)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The Development Services Department - Planning Division is applying for a Sustainable
Communities Planning Grant offered by the Strategic Growth Council of the State of California, in
order to prepare a Climate Change Action Plan as part of the General Plan update. The grant
application request requires support by the elected body. The City Council supported this
application last year, but the City was unsuccessful in receiving any funding.
The objective of the Climate Change Action Plan (CCAP) is to serve as a guiding document and
provide support for local plans and polices that will implement AB 32 and SB 375 related to green
house gas (GHG) emission reduction targets. The CCAP will help guide the development of new
land use and community development policies for the update of the Metropolitan Bakersfield
General Plan that help to reduce GHG emissions from urban development. The CCAP will
include an energy efficiency and conservation strategy for long-term land use planning; will
include a GHG emissions inventory and baseline for current GHG emissions generated in the
Metropolitan Bakersfield General Plan area that describe GHG emissions sources from stationary
and mobile sources; and will identify how the City will measure the impacts of GHG emissions as
required by the California Environmental Quality Act (CEQA). The City is asking for $100,000 in
order to prepare the Climate Change Action Plan. No funding match is required by the City
since technical expertise and resources will be provided by the San Joaquin Valley Air Pollution
Control District and the County of Kern.
ADMINISTRATIVE REPORT
Page 2
This grant program implements the vision of the State to foster the development of sustainable
communities throughout California. It is designed to help local governments meet the challenges
of adopting land use plans and integrating strategies in order to transform communities and
create long term prosperity. The Sustainable Communities Planning Grant is funded by
Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006. The Act gave authorization to the Legislature to
appropriate $90 million for planning grants and planning incentives that reduce energy
consumption, conserve water, improve air and water quality, and provide other community
benefits.
CG - S:\CGriego\Planning Grant 2011\admin report.docx
AK
a
ADMINISTRATIVE REPORT
c~
FO
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD
DATE: November 7, 2011 CITY ATTORNEY V
CITY MANAGER
SUBJECT: 1. Resolution Approving the Memorandum of Understanding Setting Salaries and
Related Benefits for the Firefighters and Engineers Unit of the Fire Department of the
City of Bakersfield.
2. Resolution Approving the Memorandum of Understanding Setting Salaries and
Benefits for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield.
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: Labor negotiations between the City and the Bakersfield Firefighters Labor
Organization, Local 246 (BFLO) were recently concluded after a prolonged period of time where
an agreement could not be reached. The City's last agreement with BFLO expired in March of
2008 and employees represented by BFLO have not received a Cost of Living Adjustment since
December of 2007. The current leadership of BFLO reconvened negotiations with the City with a
refreshing spirit of cooperation and demonstrated understanding of the City's current financial
position. This reality provided for open and honest discussions by which the City and BFLO were
able to come to an agreement on a short-term Memorandum of Understanding (MOU) which is
highlighted below:
• Term: from November 16, 2011 through June 30, 2012
• Salary Increase: 3% effective December 19, 2011
• Residency Requirement: Addition of the following language to Article 1.26:
The Fire Chief will have the authority to waive this requirement In appropriate
circumstances (i.e. family issues, financial hardship, etc.).
• Retirement Contributions: Addition of the following language to Article 1.062
Without either party committing to any changes to current retirement contributions at this
time, City and BFLO acknowledge the City's desire to discuss, through the meet and
confer process related to a successor agreement, employee's hired prior to January 1,
2011, gradually assuming payment of the employee's retirement contribution.
The salary increase included in this MOU Is consistent with the salary increase that will be
provided to Blue & White Collar employees effective December 19, 2011 (2%). An additional 1 %
increase is also included, also effective December 19, 2011. The 1% increase is an effort to
modestly account for the significant gap between salary increases for these employees, which
last occurred in December of 2007.
It should be noted that with the approval of this MOU, the City will be under contract with all
employees except those represented by the Bakersfield Police Officers Association.
A
ADMINISTRATIVE REPORT
0
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6. k
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD ,,vv ~
DATE: November 7, 2011 CITY ATTORNEY- Iris
CITY
SUBJECT: Resolution Setting Salaries and Related Benefits for Officers and Employc1es of the
General Supervisory, Police Supervisory and Management Units.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Traditionally, the Management and Supervisory Units' Resolution has mirrored the settlements
provided for in the Memorandum of Understanding (MOU) between the City and SEIU Local 521.
This was the case as of the last MOU approved by the City and SEIU in 2008.
Since that time, and due to budget constraints brought on by a severely declining economy,
SEW twice postponed a 4% Cost of Living Adjustment (COLA) which was due in December of
2009. In exchange for an extension of the term of the SEIU MOU, SEIU agreed to break up the 4%
COLA and have it applied based on the schedule below:
2% COLA increase effective December 19, 2011
• 2% COLA increase effective July 2, 2012
This action, which was greatly appreciated by management, allowed the City to postpone a
COLA Increase due SEIU through the provisions of their existing MOU and avoid further reductions
in staffing. Just prior to this action by SEIU, the Management and Supervisory Units took similar
action to forgo the third and final 4% COLA increase, again, due to the economic conditions
present at the time. This action assisted the City in dealing with the negative Impacts associated
with an unprecedented decline in revenues,
With the recent positive trends in revenue streams, the City is in a position to provide the
members of the Management and Supervisory Units with the 2% COLA Increase which is to be
effective December 19, 2011. If revenues continue to improve, the Council can consider
extending the additional 2% COLA, due in July, to members of the Management and Supervisory
Units, however this would require future action and is not included in this Resolution.
ADMINISTRATIVE REPORT
Effective September 27, 2011, and at their request, the Police Sergeants Unit was removed from
being represented by the Bakersfield Police Officers Association (BPOA). As a result of this action,
The Police Sergeants Unit has now been placed back as a non-represented unit covered under
the Management and Supervisory Resolution, as was the case prior to 2005,
Since the police sergeants were covered under the MOU between the City and BPOA since
2005, their last salary adjustment came in March of 2007, Asa result, an additional 1% increase is
being proposed for this classification, in an effort to modestly account for the significant gap
between salary increases for these employees,
The following is a summary of matters of importance that are being presented for approval;
1. Term from January 1, 2011 through June 30, 2012 (Prior Resolution expired Dec, 31,
2010),
2, Salary increase of 2% for all Management, General Supervisory and Police Supervisory
employees effective December 19, 2011.
3, Salary increase of an additional I% for Police Supervisory (Police Sergeants) effective
December 19, 2011.
Staff has met with members of all groups and all are agreeable and appreciative of the
recognition and contents of the resolution being set forth today.
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: g, j .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 14, 2011
Sewer connection and construction fee assessments (Wards 1 & 4):
Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with property owners to pay sewer connection and construction
fees in installments through the Kern County Tax Collector. A notice of
special assessment lien will be placed on the following properties:
a. William R. Gustin Jr. 18 N. McDonald Way (Ward 1)
b. Richard E. & Beverly J. Laughman 7500 Kimberly Ave.
c. Donald C. & Victoria L. Rambo 7512 Hooper Ave.
d. Bill C. & Norma J. Johnson 8001 Kimberly Ave.
e. James P. & Kathleen A. Webdell 7609 Kimberly Ave.
f. Thomas H. & Linda Meek 7509 Hooper Ave.
g. Christopher D. & Pamela J. Hillis 7901 Hooper Ave.
h. Kelsie R. Gates 7509 Kimberly Ave.
L Jerry Vern & Lynda L. Karr 7504 Kimberly Ave.
j. Roger D. & Linda K. Reed 7703 Kimberly Ave.
k. Lawrence M. & Lorraine Okumoto 7805 Kimberly Ave.
DEPARTMENT HEAD -~T
CITY ATTORNEY
CITY MANAGER ;eS
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreements.
BACKGROUND: The owners of the property shown above desire to connect their property to
the City sewer system. The property owner's claim that to pay the sewer connection and
construction fees in one payment would produce an economic hardship. To assist in paying
the connection and construction fees, the City has contracted with the property owner to
spread the connection and construction fees over an eight 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. 4648 dated August 18, 2011, authorizes the Kern County Tax
Collector to collect the connection and construction fees in eight equal payments over the
next eight years.
da
G:\GROUPDATADMINRP112011\11-16\Kimbody-Hooper 11-16-11 ADMIN.doc
October 18, 2011, 9:35AM
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 9. tn.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: November 1, 2011
APPROVED
DEPARTMENT
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the submission of
an application to the California State Department of Housing and Community
Development for Funding under the CalHome Program; for a Downpayment
Assistance Program (in the amount of $1,000,000). (Wards All)
RECOMMENDATION:
Staff recommends approval and authorizes the
standard agreement and any related document
CalHome Program if selected for funding.
BACKGROUND:
City Manager or designee to execute the
s necessary to participate and execute the
The State of California, Department of Housing and Community Development is currently
accepting applications under the CalHome Program. These monies were made available by
the passage of Proposition 1 C, the Housing and Emergency Shelter Trust Fund Act of 2006, to
provide funding to local public agencies.
Staff is proposing to apply for funding under the First-Time Homebuyer Mortgage Assistance
program activity in the amount of $1,000,000 dollars, the maximum allowed grant amount. These
funds will be used to provide down payment assistance to first-time homebuyers in the City of
Bakersfield to approximately 17 qualified and income-eligible low or very-low first-time
homebuyers at zero interest (0%) not to exceed $60,000 per eligible household.
The loans would fund a variety of types of housing concepts designed to attract qualified buyers
with a range of incomes. The 17 qualified buyers could purchase units in eligible areas of
Bakersfield at 80% of median income and below and would be eligible for Cal Home assistance if
the buyer is a qualified first time home buyer. As required under CalHome regulations all loans
will be in a second trust deed position.
The deadline for the competitive application is December 7, 2011. The attached resolution
authorizes staff to execute and submit the CalHome application, agreements, and other related
documents required by CalHome to receive the grant funds.
S:Wdmins\City Council\City Council Admins 2011\Calhome Program Homebuyer Assistance App. Doc
November 1, 20112:32 PM
DB
T TyA
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: S.A.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L Kunz, Economic Development Director DEPARTMENT HEA
DATE: November 1, 2011 CITY ATTORNEY p,.
CITY MANAGER /W
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the application for
State grant funds (in the amount of $1,440,000) and participation in the Building
Equity and Growth in Neighborhoods (BEGIN) Program for the Creekview Villas,
including execution of a Standard Agreement or other documents to secure
funding from the California Department of Housing and Community Development
(HCD), (Ward 2)
RECOMMENDATION:
Staff recommends adoption and authorize the City Manager or his designee to execute all
documents related to the grant,
BACKGROUND:
The BEGIN Program was designed to foster partnerships between cities, counties, and housing
developers in an effort to reduce the cost and increase the supply of new homeownership
opportunities for low- and moderate-income households. The primary intent of BEGIN is to
encourage affordability in homeownership through the reduction of permitting and regulatory
costs which add significant costs to new construction. In exchange for regulatory concessions
made at the local level, the BEGIN program provides up to 20% of the purchase price in
downpayment assistance as a deferred second financing to benefit low- and moderate-income
households.
Staff is requesting $1,440,000 in grant funds to be used to provide mortgage loan assistance to
the 36 low- and moderate-income first-time homebuyers interested in purchasing a home at the
Creekview Villa Townhomes located at 1300 R Street, Creekview Villa's, LLC is the affordable
housing developer's whose role is to construct quality upscale housing that will be affordably
priced to low- and moderate-income households. Regulatory agreements and restrictions have
been placed on the property to ensure the affordability of the units for 45 years. Thirty of the units
are to be restricted to those persons or families whose incomes do not exceed 120% of average
median Income (AMI) as set by the U.S. Department of Housing and Urban Development. The
remaining six units are restricted to those persons and families whose incomes do not exceed 80%
AMI, The average square footage for the affordable housing units will be 1,843 (three bedrooms)
and priced in the $190,000+ range, The Bakersfield Redevelopment Agency has a Disposition
and Development Agreement with the developer to ensure the construction and affordability of
November 1, 2011, 8:41 AM
S:\Admins\Clty Council\Clty Council Admins 2011 \BEGIN Downpayment for Creekview Vlllas.docx
dls
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ADMINISTRATIVE REPORT
the project, The first fourteen townhomes are nearing completion and expected
to be ready for occupancy by January 2012.
The California Department of Housing and Community Development (HCD) require the attached
resolution be executed by the City in order to apply for grant funds through the State BEGIN
Program, This attached resolution authorizes city staff to execute and submit the BEGIN
application and necessary agreements and documents required by HCD to receive the grant
funds.
November 1, 2011, 8:41 AM
S:\Admins\Ci y Council\City Council Admins 2011 \BEGIN Downpayment for Creekview Villos.docx
dls
MEETING DATE: November 16, 2011 AGENDA SECTION:
ITEM: 8, V.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
November 8, 2011
APPROVED
DEPARTMENT HEAD AA
CITY ATTORNEY VCS
CITY MANAGER s
Resolution Setting Rates and Equipment Specifications for Tow Truck Services
Provided Pursuant to Contract with the City.
RECOMMENDATION: Staff recommends approval of the Resolution.
BACKGROUND:
The City currently contracts with ten (10) local tow truck companies to participate in a
rotational call list to provide towing services as needed by the Police Department and the
City Fleet operations.
The City controls the rates these tow companies can charge vehicle owners when the City
initiates the request for service. At the March 10, 2010 meeting the City Council adopted
Resolution # 031-10 which set maximum rates allowed to be charged for those tow
companies under contract with the City. The rates in Resolution # 031-10 represented a zero
(0%) increase from the rates that were previously established in July 2007.
On March 14, 2011 the City received a letter from the "Bakersfield Towing Coalition", (who
represent the ten tow companies under contract with the City) requesting a 35% rate
increase.
City staff has met on several occasions with representatives of the Towing Coalition to discuss
their request and share information regarding labor, fuel and other costs increases the tow
companies have incurred since rates were last increased in 2007.
Based on analysis of several factors and national cost price index data, staff is
recommending a rate increase of approximately 10.15%. We believe this is a fair
representation of labor and fuel cost increases as they relate to towing operations since the
last Council approved rate increase.
This item was originally on the October 19, 2011 Council agenda for consideration.
Councilmember Salas had some questions regarding the proposed fee increases and the
item was removed from the agenda. A Council referral was initiated to research and
answer the questions of Councilmember Salas. A copy of the referral question and response
memo is attached for your information.
nks
S:Wdmin\TowingWdmin - reso for tow rate increase 2011.doc
Sept. 15, 2011
4826-0198-1440.2
ADMINISTRATIVE REPORT
We have met with the Towing Coalition representatives on several occasions over the past
few months and they support our analysis and are in favor of adoption of this Resolution.
There will be no increase to the rates charged to the City for towing of City vehicles. The
proposed rate increases apply only to services provided to non-City vehicles where service is
initiated through the Police Department rotational call list.
nks
S:Wdmin\TowingWdmin - reso for tow rate increase 2011.doc
Sept. 15, 2011
4826-0198-1440.2
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director Al~
DATE: November 8, 2011
SUBJECT: Council Referral # 279 - Tow Truck Rates
Referral item:
1. Councilmember Salas requested that staff provide a financial analysis of
data regarding the tow truck rates and meet with the tow truck operators.
Councilmember Salas indicated to staff that he had conducted a very informal inquiry
into tow truck rates and found that several companies in Bakersfield charged much
lower rates than are currently authorized by the City for police initiated tows. He
requested staff investigate this issue further and meet with the tow companies to
further justify the rate increase being requested.
Staff contacted the consultant for the towing coalition on October 21, 2011 and
described the general issue needing further review. Staff requested assistance and
input from the towing coalition to properly identify and explain the various factors that
might explain the difference in rates between private tow services and city initiated
tow services.
City staff conducted an informal survey of the tow coalition vendors and determined
the average rate they would charge a private citizen to tow a car ten miles was
about $72. Comparing this rate to the current City rate of $148 and the proposed
increase for a light duty tow to $165 is the focus of the remainder of this report.
Staff met with representatives from the towing coalition on November 1, 2011 and
received information regarding several factors that they attribute to the differences in
costs. The City contract for tow services places several conditions and/or
requirements on the rotational tow companies, which are summarized below:
- Police tow rotation is an emergency response call and requires a 30 minute
response time. Private tows have no such requirements and are subject to
tow truck and staffing availability.
- City contract has tow truck equipment standards that exceed those required
to perform a private tow service.
- City contract has employment standards requiring things like drug testing,
driver background checks, training, certifications and uniform requirements
that exceed any general state requirements to perform a private tow.
- City contract requires each tow company under contract to provide storage
facilities of a certain size with specific security features in place that are not
applicable to the costs or requirements of a private tow.
- City contract contains property and liability insurance requirements that
exceed minimum state standards that would apply to a private tow
operation.
- City contract also imposes specific reporting requirements that would not
apply to a private tow service.
City contract also requires a service response regardless of the vehicle
owners ability to pay. The towing coalition group estimates that they only
receive full payment on 60% to 65% of work they perform under the city
contract. Payment for a private tow is normally verified prior to the work
being done.
While it is difficult to assign a specific dollar value to any one of these factors, the
cumulative effect of these items lends itself to a higher cost of service provided. The
claim that 35% to 40% of costs for towing services are never recovered is especially
supportive of a higher per unit charge when compared to a private tow service fee.
Secondary Analysis - Staff also gathered some information from some of our
"comparable cities" to see how our "police initiated" tow rates compared to others in
California. We found a wide variety of methodologies regarding police tow services.
Some cities treat the tow companies as franchises and share in the fees collected.
Bakersfield does not provide franchises to tow companies and therefore does not
collect a franchise fee. Many cities (including Bakersfield) charge administrative fees
to each vehicle owner before their car can be released from impound.
The table below summarizes the data available from the survey cities. Some of the
information was found by searching the various city web sites and other information
was obtained by telephone inquiry. We apologize for the gaps in the table, but we
did not want to hold up the report waiting for callbacks from the remaining agencies.
Local Agency
Light Duty Tow Rate
charged to owner
City Share of Tow
Rate Franchise fee
City Admin Fee for
Impound Release
Bakersfield
148 Current fee
$-0-
175
Freemont
Not available
$-0-
196
Fresno
145
40
184
Glendale
Not available
$-0-
94
Modesto
180
50
160
Ontario
140
-0-
123
Oxnard
90
$-0-
495
Pasadena
90
$-0-
107
Riverside
175
65
60
San Bernardino
Not available
70
349
Stockton
175
$-0-
185
Kern Count
175
$-0-
Not available
Ca. Hi hwa Patrol
200 av
$-0-
Not available
In Summary, the range of light duty tow charges runs from a low of $90 to a high of
$200. The proposed increase from $148 to $165 would take us just above the midpoint.
The range of administrative fees runs from a low of $60 to a high of $495. Bakersfield is
in the middle of the group with five cities higher and five cities lower.
cc: Alan Tandy
Virginia Gennaro
File name: nks:/p:/misc analysis/memo-council referral 279.doc
11p;1F
~ 0~ we xroxxr,~~{~F
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 5. P.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: November 04, 2011
APPROVED
DEPARTMENT HEA ft1-/
CITY ATTORNEY
rck erAS,scr
CITY MANAGER
SUBJECT: Resolution determining that the Chief of Police is appointed as agent authorized to
execute Memorandums of Understanding (MOUs) with the Kern allied agencies
participating in the Kern AVOID 18 Project funded by a grant from the California
Office of Traffic Safety.
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND:
The Bakersfield Police Department (BPD) has been awarded $253,000 from the State Office of
Traffic Safety (O.T.S.) to serve as the host agency for a Regional DUI effort in Kern County to
reduce alcohol-involved fatalities and injuries, and to raise general public awareness regarding
the problems associated with drinking and driving.
This grant award includes a provision of $86,431 to fund allied agency operations. However,
before an allied agency may participate in the AVOID program, O.T.S. requires the agency to
make a formal commitment to the program via a Memorandum of Understanding (MOU).
Potential participating agencies include Police Departments from the cities of Arvin, Bear Valley,
California City, CSUB, Delano, Maricopa, McFarland, Ridgecrest, Shafter, Stallion Springs, Taft,
Tehachapi, Kern County Sheriff's Department, KERN County Probation Department, ABC and the
California Highway Patrol. The Chief of Police needs the ability to promptly and efficiently
execute MOUs with these agencies in order to abide by the strict time requirements of the OTS
grant.
Grant activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force Operations,
DUI Warrant/Probation Sweeps and Court Sting Operations for repeat DUI offenders during the
Winter Holiday Mobilization, Memorial Day Weekend, Independence Day Weekend/Period,
Summer Mobilization, special dates, county fairs, festivals, and other community events with
identified DUI problems.
db
Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6. .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: October 26, 2011
SUBJECT: Disposal of Real Property
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGE
1. Resolution declaring real property located at 700 Planz Road surplus to the
needs of the City;
2. Agreement with Jose Ramon Carillo to purchase said property for $100,000.
(Ward 1)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
In March of 2008, the City formally opened the newly constructed Fire Station No. 5 at 106 East
White Lane. This new fire station replaced the former fire station at 700 Planz Road that was
constructed in the mid 1950s.
The former Fire Station No. 5 was then offered to other City departments for their use. However,
no other City department expressed a need for the property. In March of 2009, the property was
appraised by Karpe Fisher Merriman, Inc. The appraisal placed a fair market value of $333,000
for the property and it was marketed for this amount. Over the past thirty months the property
has been shown to a numerous parties. Unfortunately, the highest written offer received was for
$25,000. During this time the property has been vandalized on numerous occasions and now
requires at least $50,000 in repairs. The property has been boarded and secured but continues to
be targeted.
Recently, we received an offer to purchase the property AS-IS for $100,000. So we had the
property reappraised by Merriman Hurst and Associates. The new appraisal showed the value of
the 3,325 square foot building had dropped from approximately $100/square foot in March of
2009 to $45/square foot. The decline was due to the declining real estate market. The property's
value was further reduced by the $50,000 in needed repairs which resulted in a net market value
of $100,000. It is recommended that the offer be accepted and the property be sold.
The Planning Department, in accordance with Government Code Section 65402 and City of
Bakersfield Ordinance 4248, found the sale to be consistent with Metropolitan Bakersfield General
Plan.
October 27, 2011, 4:20PM
C:\Users*georhart\AppData\LocahMicrosoft\Windows\Temporary Internet Files\Content.Outlook\HOKZ50 J(\FS 5 sale (2).doc
DMA/s
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Chris Huot, Administrative Analyst III
DATE: November 3, 2011
APPROVED
DEPARTMENT HY EAD
CITY ATTORNEv t
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield and the County of Kern regarding
apportionment of tax revenues upon annexation of territory to the City of
Bakersfield as Annexation No. 637 generally located west of Calloway Drive
along the north side of Rosedale Highway, (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the agreement.
BACKGROUND:
On July 13, 2011 the Bakersfield City Council adopted Resolution No. 065-11 to initiate
proceedings for Annexation No. 637 (Rosedale No. 11). The territory proposed for
annexation consists of 10.45 acres and is located west of Calloway Drive along the north side
of Rosedale Highway. This territory Is adjacent to the City limits, is within the City's Sphere of
Influence, and consists of four parcels of land.
The Kern County Auditor-Controller-County Clerk sent letters to the City Manager and Kern
County Administrative Officer (CAO) indicating the tax revenue exchange period for this
annexation ends on December 30, 2011. The CAO provided comments to the City that the
tax exchange does not meet the criteria within the Memorandum of Understanding (MOU)
between the City and the County to use the standard exchange of property taxes because
there are existing businesses being annexed and their annual tax revenue Is greater than
$50,000. As such, the MOU requires that the City and the County negotiate a separate
agreement of a "reasoned tax revenue exchange" for the equitable allocation and
distribution of available property and sales tax revenues so that each jurisdlction can provide
appropriate governmental services to the annexation area.
The proposed agreement represents the consensus the City Manager and CAO have
reached related to the exchange of tax revenues for this annexation. In accordance with
the existing MOU, the County will transfer the standard percentage of property tax to the
City (37.5% of the total entitlement for the annexation area). Additionally, in accordance
with the Joint Powers Agreement for fire protection services, the County will retain the total
fire fund as it will maintain responsibility and cost of providing fire protection.
ADMINISTRATIVE REPORT
Page 2
This agreement establishes how sales tax revenue will be shared. Under the existing MOU,
the City would normally retain all sales tax. However, under this agreement, the County will
keep sales tax from 15 existing businesses; Rags & Riches Unique Boutique, Spoiled Rotten,
San Joaquin Saftey Shoes, Trophy Shack Div of Grphc Dsgr, Jody Ann Reese, Grammys
House of Dolls, Rosies Cakes and Cookies, China House Rest, Lady Bug Cottage, Casa
Mexico, Bulk Yard, Williams Nursery, Independent Fire & Safety, Ace Computer Guy and
Rosedale 1 Hr Photo & Portrait 5. The City will keep all sales tax from any new businesses in
the annexation area. Since sales tax Is based on a calendar year, this agreement also
Includes a gap payment to the County for any sales tax generated from these existing
businesses between when the property is annexed to the end of the calendar year
(December 31, 2012).
If the annexation is approved by the Local Agency Formation Commission (LAFCo), this
agreement becomes effective once the property is officially within the City limits.
CH
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: ly . S .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 28, 2011 CITY ATTORNEY-.
CITY MANAGERS
SUBJECT: Approval of Maintenance Agreement (ONLY) with Pampas Del Cielo, LLC, a
California Limited Liability Company, for Parcel Map .10606 located on
Woodmere Drive and east of Ashe Road. (Ward 6)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Maintenance Agreement is entered into to secure the improvements
required for the Subdivision Map. Such improvements include, but are not limited to streets,
sewer, walls, and storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
da
November 2, 2011, 11:12AM
G:\GROUPDATIADMINRPT12011\11-16\PM 10606 Maint AGR.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 9.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 2, 2011
V D
DEPARTMENT HEAD r~,
CITY ATTORNEY
CITY MANAGER
SUBJECT: Utility Agreement with Matrix Oil Corp. ($42,500.00) for the relocation of electrical
facilities located along the east side of Renfro Road at the Westside Parkway
Project. (TRIP) (Ward 4)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Matrix Oil Corp. owns and maintains existing overhead and subsurface
electrical lines that currently run along the east side of Renfro Road across the Westside
Parkway right-of-way. These electrical lines are in conflict with the Westside Parkway Phase
6C Project (Stockdale/Heath Tie-In Project, which is anticipated to bid next summer) and they
need to be relocated prior to construction. Currently, these electrical lines are in aseparate
private easement and thus have prior rights, so the cost of the relocation of these electrical
lines will be at the Project's expense. There are sufficient funds budgeted to cover this
relocation cost.
TDW:G:%GROUPDAT%ADMINRPT%2011111-181Matdx AdminRev.doc
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ADMINISTRATIVE REPORT
NG DATE: November 16, 2011
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: November 4, 2011
ITEM:
SECTION: Consent Calendar
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER 4-
SUBJECT: Amendment No. 2 to Agreement #10-114 with Leverage Information Systems, Inc.
($177,792.06; revised not to exceed $530,000) to expand the scope of work to include the
installation of one camera at Brundage Lane and Union Avenue, one camera at 4th Street and
Union Avenue (Ward 1) and one camera at 801 Truxtun Avenue (Ward 2). This amendment will
also include the installation of video and audio surveillance equipment and the supporting
infrastructure at the Police Department (Ward 2).
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND:
On 08/11/2010 the City Council approved agreement 10-114 ($309,908.34) with Leverage
Information Systems, Inc. to implement a video surveillance system with cameras and supporting
infrastructure installed in 15 strategic locations within the core downtown area (east and west
between Union and H Street; north and south between 241h Street and California Avenue). The
agreement marked the initial phase of the project, with the intent of adding more camera
locations in the future as funding becomes available and as the need arises.
On 02/16/2011 the City Council approved amendment Number 1 to agreement 10-114
($38,000.00) with Leverage Information Systems, Inc. for the installation of four (4) additional
cameras in the public parking structure at 18th and Eye Street.
City staff recommends that the existing security cameras be enhanced by the addition of two (2)
cameras compatible with the video surveillance network currently being implemented by the
Bakersfield Police Department (BPD). The new cameras will monitor the Union Avenue area
between Highway 58 to the south and the 500 block to the north. One camera will be installed at
the intersection of Union Avenue and Brundage Lane and another camera will be installed at the
intersection of 4th Street and Union Avenue (Ward 1).
A third camera will be installed at the south east corner of the Marriott building at 801 Truxtun
Avenue. This camera will monitor the area south of the Marriott to include the parking lot of the
McMurtrey Aquatic Center at 1325 Q Street. This camera will also monitor both north and south
along Q St. and the west and south side of the Beale Library (Ward 2).
Page 1 of 2
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The next phase and incorporated within this amendment is to enhance the video and audio
monitoring capabilities at the Police Department. The existing camera project will be enhanced
through the installation of three (3) external cameras located at the following locations: Eye
Street and Truxtun Ave.; H Street and Truxtun Avenue; and in the south portion of the Police
Department parking lot. These cameras will enhance the external security of the Police
Department along with both City Hall North and South buildings.
Additionally the scope of work calls for the installation of seventeen (17) dome cameras
throughout the interior of the building, twelve (12) covert cameras and eight (8) audio recording
devices and all of the infrastructure required to operate this equipment in accordance with the
previous agreements. The seventeen (17) dome cameras provide for internal security, while the
covert cameras and audio recording devices are installed to assist with criminal investigations.
This expansion of the video surveillance system enabled by the network will provide real time
intelligence, allowing the BPD to move more safely and effectively to prevent crimes, interrupt
crimes in progress and conduct criminal investigations. The main monitoring and control for the
proposed video system will be located at the Police Department Headquarters building, located
in the downtown area at 1601 Truxtun Avenue.
Funding for the initial project was provided through the 2007 CaIGRIP grant ($71,472.00 grant +
$71,472.00 asset forfeiture match), the 0810 JAG/Byrne Congressional Mandate grant
($54,809.34) and asset forfeiture ($112,155.00). Amendment #1 was funded with a Community
Development Block Grant. This Amendment #2 will be funded with the 2011 JAG/Byrne Local
grant.
Page 2 of 2
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MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 0.. V%
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Joshua H. Rudnick, Deputy City Attorney
November 1, 2011
Approval of Amendment No. 1 to Settlement Agreement
1. Amendment No. 1 to Settlement Agreement with Travelers Casualty and Surety
Company of America for Dunmore Diamond Ridge Tract 6332 located
between Ashe Road and Stine Road south of McCutchen Road. (Ward 6)
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
RECOMMENDATION: Staff recommends approval of the amendment to agreement.
BACKGROUND:
On April 17, 2010, City Council approved the Settlement Agreement for Improvement
Agreement Number 07-045 dated February 28, 2007, Dunmore Ridge, LLC. The City of
Bakersfield determined on January 29, 2009 that it had reasonable cause to find the Developer
in default of the agreements, as stated in Section 8.1-5. The Developer had filed a petition of
bankruptcy and would not be able to complete the terms of the agreement. The Settlement
Agreement Is with Travelers Casualty and Surety Company of America, who agreed to
complete the Dunmore Diamond Ridge Subdivision Public Improvements as stated in the
Engineers Bond Estimate associated with the Performance Bonds. The surety has completed the
covered public Improvements in the tract.
This amendment No. 1 resolves the issue concerning the energizing of the street lights, which
entails connecting the street lights to a source of electrical energy sufficient to operate the
street lights. Energizing the street lights will occur after the Diamond Ridge subdivision Is
developed by a subdivision developer when the electrical energy source for the entire
subdivision, including the publically owned and privately owned portions, is connected and
activated.
According to the amendment, the Surety shall pay the City the sum of $39,488.13 in satisfaction
of Surety's obligation to energize the street lights. The City will use the funds to reimburse the
new developer for energizing the street lights.
JHR:VI
S: \COUNCIL\ Admins\ 11-12 Admins\PW-Dunmore-DlamondRidgeAmendl Agmt-11-16-201 l .docx
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: g, w
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 1, 2011
Pavement Rehabilitation 2011 Phase 2: Stine Road - Pacheco Road to White
Lane (Ward 6):
1. Contract Change Order No. 1 to Agreement No. 11-078 with Granite
Construction ($136,949; revised not to exceed $1,748,837) for the project.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
2. Appropriate $20,000 Gas Tax Fund balance to the Public Works
Department's Capital Improvement Budget for the local match
requirement.
RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation.
BACKGROUND: This project provides for the reconstruction of Stine Road from Pacheco Road to
White Lane.
The current design of this project calls for some areas of Stine Road to be overiayed with asphalt
concrete while other areas were to receive full roadway reconstruction. However, due to
favorable bids obtained on this project, sufficient funding is available to reconstruct the entire
roadway. This also includes the removal of areas of curb, gutter, and sidewalk that are currently
broken and holding water. These proposed upgrades will provide for a longer useful life of this
roadway. Most all of this work can be accomplished by increasing or decreasing existing
contract quantities. This additional work will result in a cost increase of $136,949.
This is the first change order to be submitted for this project. This change order will increase the
project total by $136,949 (which results in an 8.5°1 increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $1,611,888.00
• Amended Contract Agreement after Change Orders = $1,748,837.00
Net Increase to date = $ 136,949.00
Sufficient federal funds are budgeted to fund the federally funded portion of this Change Order.
The federal portion of the change order is $121,240. However, additional appropriations are
necessary to fund the local match requirement of $15,708. Staff recommends an appropriation
of $20,000 from the Gas Tax Fund to fund this local match and potential future change orders.
There is no General Fund impact associated with this Change Order.
RM (Construction)
November 3, 2011, 3:01 PM
G:\GROUPDAT\ADMINRPT\2011\11-16\CCO 1 Stine Rd Reconstruction Pacheco to White.doc
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: f3. X.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 1, 2011
AP VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 11-092 with Granite
Construction ($33,594.68; revised not to exceed $1,096,698.68) for the project
known as Pavement Rehabilitation 2011 Phase 4: Ming Avenue from Wible
Road to Hughes Lane (Ward 7).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the reconstruction of Ming Avenue from Wible Road to
Hughes Lane.
The existing advance traffic signal detector loops at Castro Lane were discovered to be too
close to the intersection to provide the proper vehicle detection for traffic signal operations. As
such, the advance loops need to be extended by 70 lineal feet. The contractor has agreed to
do this work for the lump sum price of $3,236.08.
During roadway excavation operations, the contractor hit and damaged a section of traffic
signal conduit and wiring. The location of this particular conduit was unknown prior to this
incident. The contractor has agreed to repair this conduit and wiring for the lump sum price of
$1,029.85.
During construction, several areas of unstable subgrade were discovered. These areas needed
to be stabilized prior to the placement of asphalt concrete in order to provide a stable roadway
surface. The contractor has agreed to stabilize these areas for the lump sum price of $20,088.75.
A cost analysis of this work is on file.
After roadway construction began, it became evident that the increased traffic on Ming Avenue
to the Kern County Fair was causing severe delays in travel due to the lane closures that were in
effect. In order to alleviate this situation, the contractor agreed to reorganize and delay their
work in order to provide full roadway capacity during the Kern County Fair. The contractor has
agreed to accept a lump sum of $9,240 for additional work and remobilization costs associated
with this construction reorganization and delay.
This is the first change order to be submitted for this project. This change order will increase the
project total by $33,594.68 (which results in a 3.2% increase of the original contract amount) as
illustrated below:
RM (Construction)
November 3, 2011, 8:52AM
G:\GROUPDAT\ADMINRPT\2011\11-16\CCO 1 Ming Avenue Reconstruction Wible to Hughes doe
ADMINISTRATIVE REPORT
• Original Contract Amount = $1,063,104.00
• Amended Contract Agreement after Change Orders = $1,096,698.68
Net Increase to date = $ 33,594.68
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
November 3, 2011, 8:52AM
G:\GR0UPDAT\ADMINRPT\2011\11-16\CCO 1 Ming Avenue Reconstruction Wible to Hughes .doc
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: S.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 31, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D
CITY MANAGER ~J
Streetscape Improvements, Q Street, Truxtun Avenue to 24th Street (Ward
2):
1. Contract Change Order Nos. 1 and 2 to Agreement No. 11-068 with
Kern Pacific Construction Company ($63,900.82; revised not to exceed
$4,997,661.27) for the Q Street project.
2. Appropriate $175,000 Gas Tax Fund balance to the Public Works
Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Orders and
appropriation.
BACKGROUND: This project provides for the installation of landscaped medians, decorative
sidewalk, and planters on Q Street from Truxtun Avenue to 24th Street. The project also includes
installing new sewer and storm drain facilities, as well as complete street reconstruction.
Contract Change Order No. 1 provides for
contractor has agreed to accept a lump sum
following items:
five items of additional unanticipated. The
payment of $16,500.82 to perform work on the
1) A dust control plan to be filed with the San Joaquin Unified Air Pollution Control District
in order to meet regulatory requirements.
2) During construction of the new sewer and storm drain facilities, numerous previously
unidentified utilities were discovered. These utilities conflicted with trenching and pipe
laying operations, thereby causing delays in the construction of these facilities.
Contract Change Order No. 2 provides for constructing 16 additional masonry planters at
various intersections on Q Street. During construction, it was discovered that these planters
need to be constructed in order to meet the design intent of the project. The contractor has
agreed to install these masonry planters at the original unit price obtained during the
competitive bid process, for a total cost of $47,400.
RM (Construction)
November 2, 2011, 10:56AM
G:\GROUPDAMADMINRPT\2011\11-16\CCO 1 and 2 0 Street Streetscape.doc
ADMINISTRATIVE REPORT
The cumulative totals of Contract Change Orders 1 and 2 will increase the project total by
$63,900.82 which results in a 1.3% increase of the original contract amount) as illustrated
below:
e Original Contract Amount = $4,933,760.45
e Amended Contract Agreement after Change Orders = $4,997,661.27
Net Increase to date = $ 63,900.82
Additional appropriations of $175,000 are required to fund these two change orders, potential
future change orders, and miscellaneous costs for the Q Street project.
There is no General Fund impact associated with these Change Orders.
RM (Construction)
November 2, 2011, 10:56AM
GAGROUPDATIADMINRM201 W 1-16\000 1 and 2 0 Street Streetscape.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 13. 7
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: November 3, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p
CITY MANAGER
SUBJECT: Contract Change Orders No. 35, 50, 53, 74, 87, 88 and 97 to Agreement No. 07-304
with Security Paving Construction ($388,213.57; revised not to exceed
$33,517,593.09) for the State Route 178 and Fairfax Road Interchange Project (TRIP)
(Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State
Route 178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just
east of the Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 35 provides for modifications and increased height to about 80 linear feet of
sound wall and sound wall footing due to some changes in topography that were not accurately
reflected on the construction plans. Also, a homeowner decided to keep an existing wall that
was originally shown to be removed, and which is directly adjacent to the sound wall. This
required the contractor to work around and protect this wall from damage while the new sound
wall was built. This change order is to be paid on a force account basis and is not to exceed
$51,000.00.
Change Order No. 50 provides for modifications to drain systems 12e and 12k along the SR-178
freeway. After the contractor had installed a portion of the drain system, it was discovered that
the pipeline did not have the minimum cover required by Caltrans. The systems were re-designed
as a shallow, low-profile cast-in-place concrete box that allows for the required minimum cover
for the freeway. This change order is to be paid on a force account basis and is not to exceed
$82,000.00.
Change Order No. 53 provides for the re-construction of Fairfax Road adjacent to the westbound
loop on-ramp. Fairfax Road was designed per Caltrans super-elevation standards; however, this
design resulted in a poorly riding roadway where drivers would experience unexpected humps
and changes in elevation. As this portion of Fairfax is under the jurisdiction of the City, and as this
design did not meet City Standards, it was in the best interest of the City to reconstruct this portion
of Fairfax Road to City standards to provide a better, safer driving roadway without the changes
in elevations from the Caltrans standard design. This change order is to be paid on a force
account basis and is not to exceed $ 103,000.00.
Tdw: GAGROUPDATIADMINRPT\2011111-16Wdmin Rpt CCO 35, 50, 53, 74, 87, 88, 97 Fairfax Interchange Project Rev.docx
ADMINISTRATIVE REPORT
Change Order No. 74 provides for the removal and replacement of a traffic signal foundation at
the intersection of the eastbound off-ramp and Fairfax Road. This foundation was constructed
during the early stages of the project to facilitate a construction detour; however, later in the
project when the ramp was final graded, it was determined that this foundation was too low for
the final condition. This change order is to be paid on a force account basis and is not to exceed
$ 46,000.00.
The following three change orders are part of the reconstruction work of the eastbound on-ramp
and westbound off-ramp which was due to design errors by PB Americas, the project designer,
and which are being paid for by PB Americas through Agreement No. 02-062:
Change Order No. 87 provides for modifications to the gore area for the eastbound on ramp. This
change order is to be paid on a force account basis and is not to exceed $ 40,000.00.
Change Order No. 88 provides for the installation of an irrigation bypass to allow the watering of
the landscaping on the east end of the project while the westbound off-ramp was being re-
constructed. This change order is to be paid on a force account basis and is not to exceed $
41,000.00.
Change Order No. 97 provides for modifications to the irrigation controllers and the installation of
a new 12 station irrigation clock required due to the reconstruction of the westbound off-ramp.
This change order is to be paid on an agreed lump sum of $25,213.57.
The net cost increase of Change Order Nos. 35, 50, 53, 74, 87, 88 and 97 is $388,213.57. This
provides a total cost increase of $4,188,146.99, which is a 14.3 % increase from the contract
amount. However, it should be noted that $1,633,387.35 or nearly 40% of this total is due to the
reconstruction of the off and on-ramps that is being paid for by PB Americas.
• Original Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
Previous Change Orders = $ 3,799,933.42
• Current Change Orders No. 35, 50, 53, 74, 87, 88 and 97 = $ 388,213.57
• Amended Contract Agreement after Change Orders = $33,517,593.09
Net Increase to date = $ 4,188,146.99
At the May 5, 2010 City Council meeting, staff had estimated that there were approximately
$500,000 in outstanding change orders for this project. The actual figures are detailed, as follows:
The change orders brought forward for approval today are $388,213.57. However, PB Americas is
paying for $106,213.57 as this work relates to the re-construction of the ramps. This brings the total
amount of change orders actually being paid by the City since the May 5, 2010 meeting to
$679,495.68.
Caltrans requires that the landscaping contractor maintain the landscaping for the project for
three years from the date of installation. This will require that this contract remain open until that
time. There is one pending open claim by the landscape sub-contractor related to the
landscaping, and staff is awaiting final supporting data from the contractor to close out this item.
When confirming information is received on this claim, the change order will be brought to
Council for approval.
Tdw: G:IGROUPDAT\ADMINRPT\2011\11-16\Admin Rpt CCO 35, 50, 53, 74, 87, 88, 97 Fairfax Interchange Project Rev.docx
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 0,c t.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 8, 2011
Westside Parkway Phase 6B Project - Allen. Road Interchange (TRIP) (Word 4):
1. Accept low bid and award contract to Security Paving Company, Inc.
($12,421,698.70) to construct the Westside Parkway Phase 6B Project.
2. Agreement with Nolte Associates, Inc. ($1,310,256.90), for Construction
Management Services for the Westside Parkway Phase 6B Project.
3. Amendment No. 1 to Agreement 05-181 with Rosedale Rio Bravo Water Storage
District for the exchange of additional properties to facilitate the construction of
the Westside Parkway Phase 6B and 6C Projects.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_~
RECOMMENDATION: Staff recommends approvals for Low Bid and Award of Contract,
Agreement, and Amendment.
BACKGROUND: Originally, the Westside Parkway's current construction was planned to end at
Allen Road with an at-grade signalized intersection until funding was available to extend the
freeway west in the future. However, when it was to be extended, both Allen Road and the
Westside Parkway itself would have had to have been closed temporarily during much of this
construction due to traffic and construction conflicts. Building the Allen Road interchange today
not only eliminates some throw-away facilities (traffic signal, temporary box culvert) and
subsequent costs from the currently on-going Westside Parkway Phase 2 project, but also allows
the freeway to be extended west in the future without having to temporarily close Allen Road
and the Westside Parkway to traffic.
On February 2, 2011 MGE Underground, inc. was awarded the Westside Parkway Phase 6A Utility
Relocation Project which is currently under construction. This project relocates a City waterline
and City sewer trunk line, constructs a concrete box culvert and the associated realignment of a
canal that supplies the Rosedale-Rio Bravo Water Storage District recharge operations, and also
installs a temporary realignment/detour for Allen Road. This Phase 6A work is all in preparation for
the Westside Parkway Phase 6B project.
The Westside Parkway Phase 6B Project consists of the Allen Road Bridge, the eastbound on ramp
and the westbound off ramp. Also included is the widening of Allen Road in the area and the
construction of some associated miscellaneous concrete structures such as retaining walls, sound
walls and drainage systems.
Tdw:G:1GROUPDArADMINRPT12011\11-ISMmin Rpt. WSP Phase 68 REV.doac
ADMINISTRATIVE REPORT
The Westside Parkway will ultimately be an eight mile long, east-west freeway extending from
Truxtun Avenue west to Stockdale Highway/Heath Road with interchanges at Mohawk Street,
Coffee Road, Calloway Drive, and Allen Road and bridge crossings at Jewetta Avenue and
Renfro Road.
1.) On November 8th, 2011 three acceptable bids were received as follows:
Security Paving Company, Inc. Bid: $12,421,698.70
Sun Valley, CA
Granite Construction Bid: $13,002,069.30
Bakersfield, CA
Griffith Company Bid: $15,275,682.50
Bakersfield, CA
2.) City staff previously issued a Request for Proposal (RFP) for Construction Management services
for the Westside Parkway Project. Based on a review of the proposals received, Nolte Associates,
Inc. was selected as the most qualified to provide construction management services for
Westside Parkway Project. The City and Nolte entered into Agreement No. 09-028 on March 11,
2009 for construction management services for Phase 1; and entered into Agreement 09-058 on
May 20, 2011 for construction management services for Phase 2: Staff has been pleased with
Nolte's performance of construction management services to date for the Westside Parkway
and so is now recommending they perform these services for the Phase 6B Project.
3.) The City and the Rosedale Rio Bravo Water Storage District (RRBWSD) entered into
Agreement 05-181 on May 11, 2005. This Agreement provided for the exchange of properties
between the parties to mitigate the impacts to the RRBWSD from the construction of the Westside
Parkway.
The original Allen Road interchange was planned to be constructed east of the current
alignment of Allen Road so as to minimize impacts to the RRBWSD. But when the SAFETEA-Lu
earmarks that primarily fund TRIP were realized, and the connection of the Centennial Corridor to
the Westside Parkway was developed, Caltrans become heavily involved in the design of the
Westside Parkway Project as they will ultimately operate the facility. Caltrans required that Allen
Road extend directly north/south and not have the easterly alignment as originally planned. To
maintain the minimization of impacts to the RRBWSD, this north/south alignment required the
construction of expensive retaining walls along the west side of Allen Road adjacent to the
RRBWSD recharge property.
City staff and RRBWSD staff subsequently met and developed an additional property exchange.
The City will give RRBWSD an additional 1.43 acres that will increase their usable recharge area,
and the RRBWSD will give to the City 2.04 acres for the Allen Road. interchange. In addition and
in consideration of the exchange. differential, the City will pay RRBWSD for the actual cost to
relocate an electrical line that is in conflict with the interchange project (currently estimated at
$292,000). With this land exchange, the City will not need to construct the retaining walls along
the west side of Allen Road, saving the project over $3 million dollars in construction costs. The
Tdw:G:~GROUPDA'MDMINRPT12011111-1BVWmin Rpt. WSP Phase BB REV.docx
ADMINISTRATIVE REPORT
parties will also share maintenance access roads that extend along the base of the Allen Road
embankment slopes, instead of each party building their own parallel roads. This Agreement was
approved by the RRBWSD Board at their meeting on November 8, 2011.
Adequate local funds have been previously budgeted for these Agreements.
Tdw:G:\GROUPDAT\ADMINRPT\2011111-16Wdmin Rpt. WSP Phase 6B REV.docx
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: R bb.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 1, 2011
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Quinn Company, Bakersfield, in the amount of $330,960.63 for
one (1) replacement hot mix asphalt paver (paving box) for use by the Public
.Works Streets division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of asphalt
paving equipment. Two (2) bids were received in response to solicitation.
A bid submitted by Volvo Construction did not meet acceptable minimum specifications in
several areas. The Volvo unit did not include reversible feeders and augers and both the
material hopper capacity and truck. entry width did not meet the minimum size requirements.
The bid submitted by Quinn Company, Bakersfield, meets all specifications of the bid. The
Volvo unit is basically a smaller unit which is why the price is so much lower than the Quinn
product.
The two (2) bids received are as follows.
MEETS SPECS
BIDDER AMOUNT YES_
Volvo Construction Equipment and Services $290,113.40 NO
Bakersfield, CA (county)
Quinn Company
BakemWd, CA (county)
$330,960.63 YES
Funds are available in the Equipment Management Fund for the purchase of one (1)
replacement hot mix asphalt paver for the Public Works Streets Division. The budget estimate
for this replacement unit was $360,000.
Staff finds the bid submitted by Quinn Company, Bakersfield, to be acceptable.
Purchasing DivisioMcb
SWRCHADMINWdmin 11-12%Hot Mix Asphaft Paver, 11-1247, November 16,201 1-doex
November 3, 2011
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8, cc
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 1, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $277,260.17 for one
(1) additional and eight (8) replacement Super Duty (19,000 GVW) Service Truck
Cab and Chassis for use by Recreation and Parks, Public Works/General Services,
Public Works/Solid Waste and the Fire Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of service truck
cab and chassis. Five (5) bids were received in response to solicitation.
A one percent (I%) local preference is extended to those businesses located within the City of
Bakersfield city limits. The 1% Local Preference is based on the amount of local sales tax that
will be received by the City of Bakersfield as a result of purchase from a local vendor. The
lowest bidder determined after the amount of local sales or use tax that would be received by
the City is deducted from the bids. The low bid, offer application of the local preference, is Jim
Burke Ford, Bakersfield.
The new service truck cab and chassis units will comply with the California Air Resources Board
On-Road Diesel State Regulations.
The five (5) bids received are as follows.
Jim Burke Ford $277,260.17
Bakersfield, CA 93308 (City)
Kearney Pearson Ford $275,196.85
San Diego, CA
Towne Ford Sales $277,378.31
Redondo Beach, CA
Raceway Ford $279,907.27
Riverside, CA
1% LOCAL PREFERENCE
ADJUSTED BID AMOUNT
$274,676.02
Purchasing Division/W
SIPURCHMDMINAdmin 11-12119,000 GVW Cab 3 Chassis (Re-Bid), 11-12-28, November 18, 2011.docx
November 1, 2011
ADMINISTRATIVE REPORT
Crown dodge Chrysler Jeep Rom $367,962.95
Ventura, CA
Funds are available in the Equipment Management Fund for the purchase of one (1) additional
(Solid Waste) and eight (8) replacement (1-Fire, 1-General Services, 2-Solid Waste and 4-
Recreation and Parks) service truck cab and chassis.
Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable.
Purchasing Divisionikb
SAPURCHVIDMINWdmin 11-12\19,000 GVW Cab & Chassis (Re-Bid), 11-12-28, November 18, 2011.docx
November 1, 2011
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 0. d d .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: November 3, 2011 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept bids and approve contracts to IPC USA ($2,750,000) and Valley Pacific
Petroleum Services, Inc. ($1,250,000) for the annual contracts to supply fuel.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bids and approval of contracts.
BACKGROUND: Invitations to bid were sent to all registered bidders for the supply of fuel. Six (6)
bids were received in response to the solicitation. The contracts are renewable annually for
four consecutive one-year periods at the City's option and upon mutually agreeable terms.
Terms and conditions of the Invitation to Bid required the suppliers to quote a differential price
per gallon for fuel, which represents the suppliers' profit and overhead.
Under the annual contract, fuel prices to the City will be based on a variable price (Oil Price
Information Service - OPIS) tied to a published index (Petroleum Administration Defense District
5 (PADD) Bakersfield Rack) weekly average of branded and unbranded fuel plus the Supplier's
positive or negative price differential. Bidding in this way enabled staff to determine the
lowest bidder based on the differential quoted, as all of the suppliers' fuel costs have a
common base, that of OPIS pricing.
Funds are budgeted in the Equipment Management Fund for the majority of this contract. The
contract awards totaling $4 million are based on the annual budget estimate.
In accordance with the terms of the bid, the City may accept any item or group of items bid,
or award the bid on the basis of total bid. A spreadsheet showing the differential pricing for
the six bidders is attached. The lowest bid for the large quantity deliveries is from IPC USA. The
lowest bid for the small quantity deliveries is from Valley Pacific Petroleum.
In order to get the most favorable pricing, staff recommends the award be split as follows:
IPC USA
Irvine, CA
$2,750,000
Truck/Trailer (Large Quantity)
Diesel and Gasoline
Valley Pacific Petroleum Services, Inc. $1,250,000
Bakersfield, CA (county)
Bobtail (Small Quantity)
Diesel and Gasoline
Purchasing DivisioNkb
CAUsersUarrigaVocumentsWC for Fuel 11-12-36 November 16 2011-rev.docx
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ADMINISTRATIVE REPORT
MEETING DATE November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: e, ee.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Art Chianello, Water Resources Manager
October 25, 2011
CITY ATTORNEY
CITY MANAGER
Accept bid and award contract to Wellsona Iron and Engineering ($77,285.00) for the Kern River
Canal Headgate Corrosion Repair on the Kern River Canal. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will repair the two (2) headgates located at the head of the Kern River Canal, just east
of the Coffee Road Bridge and north of Truxtun Avenue. The headgates are used to divert water from the Kern River
into the Kern River Canal. The Contractor will remove the headgates, end "A" frames and mounting brackets; blast
clean the headgates and replace the corroded areas; hot dip galvanize all components; and reinstall and test the
gates. New seals will also be installed. This project is needed because the headgates are almost 50 years old and
are in danger of failing. If the headgates fail, the ability for City staff to accurately control the diversion of Kern River
water into the Kern River Canal will be extremely difficult.
The engineer's estimate for the project was $80,000.
Funding for this project was budgeted and appropriated in the Water Resources Department's Capital Improvement
Program fund budget for Fiscal Year 2011/2012.
Two (2) bids were received on October 19, 2011 for this project, as follows:
Wellsona Iron and Engineering
5809 Monterey Road
Paso Robles, CA 93446 in the amount of $ 77,285.00
Nicholas Construction, Inc.
251 Carsen Way
Shafter, CA 93263 In the amount of. $ 81,200.00
Staff recommends acceptance of low bid and award of contract to Wellsona Iron and Engineering, in the amount of
$77,285.00 for the repair of the two steel headgates.
APPROVED
DEPARTMENT HEAD
jlm
SA2011 ADMIN REPORTSWdmin Nov 16 11 Wellsona Iron and Eng.doc
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council
APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD L
DATE: October 13, 2011
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $50,990 from First Five Kern grant revenues to the Recreation and Parks
Operating Budget to provide a water safety education program (Make-A-Splash).
RECOMMENDATION:
Staff recommends appropriation.
BACKGROUND:
On July 1, 2010, the Recreation and Parks Department was awarded a $175,000 grant from First 5
Kern to provide a lifesaving and water safety educational program (Make-A-Splash) for parents
and their children, prenatal to age 5. The program's focus is to reduce the rate of childhood
drowning in Bakersfield.
Funding for Make-A-Splash will
2010/11 through 2012/13. Staff
three-year period.
jln
be distributed throughout a three-year period, Fiscal Year's
recommends appropriating $50,990 to fund the second of the
October 13, 2011, 12:32PM
S:\ADMINISTRATION DIVISION\Admin Rpts\2011 Admins\Make A Splash FY 2012.docx
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6.
TO: Honorable Mayor and City Council
FROM: Phil Bums, Building Director
DATE: October 27, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D~
CITY MANAGER ~J
SUBJECT: Appropriate $5,324.00 PG&E Grant Revenue to the Development Services Operating
Budget within the General Fund for a community safety project at Stancliff Court and
Napal Court. (Ward 7)
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The City has received a grant in the amount of $5,324.00 from PG&E for a community project to
improve the aesthetics of neighborhood fencing and help manage the flow of foot traffic for Stancliff
Court and Napal Court. The funds will.be used to replace a dilapidated wooden fence with a six foot
chain link fence with fiberglass slats.
October 28, 2011, 11:38AM
S: NWADMINS\2011WOV111-18-PGE Grant.doc
t~o ~1I fNMOM,I E,
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 I AGENDA SECTION: Consent Calendar
ITEM: g . h h.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: November 4, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $185,624.00 Federal Grant Revenues to the General Fund Police
Operating Budget, to expand the downtown surveillance system by adding cameras to cover
the Police Headquarters building and areas on Union Avenue identified by high crime rates.
(Ward 1 & 2).
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
On September 14, 2011 the City Council adopted Resolution 081-11 authorizing the Police
Department to apply for the Edward Byrne Memorial Justice Assistance Grant from the U.S.
Department of Justice. The Police Department was subsequently awarded a grant in the
amount of $185,624.00.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the
primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system."
The Bakersfield Police Department (BPD) will be using this JAG/Byrne grant to purchase and
install radio broadcast capable, 360 degree pan, zoom, tilt and low light capable surveillance
cameras in the following areas: Along the Union Avenue corridor between Brundage Lane and
Truxtun Avenue; along Truxtun Avenue between Union and H Street; and, in and around the
downtown Police Headquarters building.
The equipment described will expand the scope of work and compensation of Agreement 10-
114 with Leverage Information Systems, Inc. awarded by Council on 08/11/2010 and amended
on 02/16/2011. The expansion is detailed in a separate item on this agenda: "Amendment No. 2
to Agreement # 10-114 with Leverage Information Systems, Inc. ($177,792.06; revised not to
exceed $530,000)".
An appropriation of $185,624.00 Federal Grant Revenues to the General Fund Police Operating
Budget is requested ($177,792.06 for the Leverage Information Systems, Inc. agreement, with the
balance reserved for system and infrastructure maintenance).
db Paae 1 of 1
A
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8. j-;
TO: Honorable Mayor and City Council
FROM: Douglas Greener, Fire Chief
DATE: October 17, 2011
APP_
DEPARTMENT HEAD pD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $1,500 Insurance Company Donation to the Fire Department Operating
budget within the General Fund for smoke detectors for the Free Smoke Detector
Deployment Plan. (All Wards)
RECOMMENDATION:
Staff recommends approval and appropriation.
BACKGROUND:
Bakersfield Fire Department received a donation from State Farm Insurance Company
on July 26, 2011. The donation was $1,500 for the purchase of smoke detectors for the
Free Smoke Detector Deployment Plan which provides
the homes of qualified elderly or low income households.
and installs smoke detectors in
DRG//tc
Documentl
10/21/2011
MEETING DATE: November 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council PP VE
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 17, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $560,500 County Share Project Costs to the Public Works Capital
Improvement Budget within the TRIP/TDF Local Match Fund, for reimbursement of
costs paid by the City on the 7th Standard Road Widening Project (TRIP).
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND: Kern County is the lead agency for the 7th Standard Road Widening Project. On
June 9, 2010 the City and County entered into Reimbursement Agreement 10-072 and on August
17, 2011, Amendment No. 1 to this Agreement was approved. The County had previously
requested, and the City had agreed, to allow Parsons (the TRIP Program Manager) to perform
professional services for right-of-way work for the Project utilizing the existing agreement the City
has with Parsons. The Reimbursement Agreement allows the City to bill the County and the
County to pay for the reimbursement of Parsons' right-of-way work. As the lead agency for the
project, the County can then submit these charges to Caltrans for reimbursement from federal
TRIP funds previously identified for the 7th Standard Road Widening Project. This appropriation is
for the reimbursement funds the County is paying back to the City for this work. Staff
recommends approval of the appropriation.
Tdw: G:\GR0UPDAT\ADMINRPT\201 1\1 1-16\Admin TRIP approp for north beltway.doc
MEETING DATE: November 16, 2011 AGENDA SECTION: Hearings
ITEM: 12. .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
November 3, 2011
Public hearing and first reading of an ordinance amending Chapter 1.12
revising the boundaries of City Council Wards 1 through 7. (all Wards)
x•1'1
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER s
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This item was continued from the meeting of October 19, 2011 to allow the City Attorney to
review the Federal Voting Rights Act to determine if the proposed Ward boundary changes
are consistent with the Act. As stated in the attached response from the City Attorney,
Concept 1 maintains the majority vote held by minorities and does not create any potential
violation of the Act.
Additionally, staff was asked to provide two new map options to (1) add area in the
northwest to Ward 3 so that the area near Stockdale Highway and Allen Road could remain
in Ward 4; and (2) address the comments made by Mr. Marvin Dean to leave the area
bounded by California Ave, State Hwy 58, Chester Ave, and Union Ave within Ward 1.
In response to the first map request, staff has produced an additional concept map that
makes minor modifications to only Wards 3, 4 and 5; this map is identified as Concept 1 A.
The changes retain the area around Stockdale Hwy and Allen Road within Ward 4 by adding
to Ward 3 an area north of Olive Dr. and east of the Friant-Kern canal and adding to Ward 5
the area southwest of Buena Vista Road and Ming Ave. Concept 1 A would also be
compliant with the Federal Voting Rights Act since the population in Ward 1, including the
minority breakdown, remains the same as proposed in Concept 1.
The following tables show the population breakdown of the existing Ward populations with
both Concept 1 and Concept IA.
ADMINISTRATIVE REPORT
WARD_ 1
.-WARD-2.
.-WARD-3-
.-WARD-4-
.-WARD-5-
.-WARD-6-
.-WARD-7.
TOTAL
Page 2
CURRENT WARDS
CONCEPT 1
CONCEPT 1 A
TOTAL
OVER/UNDER
TOTAL
OVER/UNDER
TOTAL
OVER/UNDER
POPULATION
AVERAGE
POPULATION
AVERAGE
POPULATION
AVERAGE
51,283
1,643 1 3.31%
50,158
518: 1.04%
50,158
518 ; 1.04%
-
40,123
-9,517 ; -19.17%
50,888
1,248 ; 2.51%
50,888
1,248: 2.51%
44,814
-4,826 ; -9.72%
48,324
Y
;1:316 .2.6596 _
51,182
----------Y-----------
1,542 ; 3.11 %
57
864
8,224 16
57%
49,731
18%
91
: 0
48,635
1,005 _2.02%
,
.
_
.
:
46,177
_3,463 _6.98%
49,778
138 ; 0.28%_
48,016
_1,624 i _3.27%
50,105
465 ; 0.94%
51,085
1,445 ; 2.91 %
51,085------
1,445 ; 2.91 %
57,117
7:477 ; 15.06%
47,519
:2,121 _4.27%
47,519
_2,121 : 4.27%
347,483
347,483
347,483
(Average Ward population = 49,640)
In response to Mr. Dean's comments, staff has prepared a map that shows the effect of
retaining the area southeast of California and Chester Avenues within Ward 1. However, in
order to re-balance the Ward populations within the 5% threshold, significant adjustments
were necessary to four wards (Wards 1, 2, 6 and 7), which would disrupt the boundaries more
significantly than Concept 1. Because Concept 1 is compliant with the Federal Voting Rights
Act as stated by the City Attorney, this map not being recommended for consideration as an
option and is being provided for information only.
Reapportionment of the Ward boundaries is to accomplish equality of population, as closely
as possible, to ensure adherence to the one-person, one-vote doctrine. Deviation from the
average population for each Ward is acceptable if reasonably based upon certain criteria
(ie. topography; geography; cohesiveness, contiguity, integrity, and compactness of Ward
territory; and community interests within the Ward). Case law has established that as a
general rule, a deviation of 0 - 5% is construed as very reasonable; a deviation of up to 10%
can occur without formal justification; a deviation of 10% - 16.4% can occur only it formal
justification based on the criteria is established, and a deviation above 16.4% is intolerable.
In the event any challenge to a reapportionment is filed, the City Council's adoption of
legislative findings regarding criteria used to establish the reapportionment would be
extremely beneficial to support a defense. Such findings, when combined with existing case
law, would provide a position that a deviation of 0 - 5% would be very defensible. As the
deviation increases, the potential for challenge increases.
Staff continues to recommend first reading of the ordinance amending the Ward boundaries
as proposed in Concept 1 since it achieves a population deviation of less than 5%, the
boundary changes are minimal geographically, and is compliant with the Federal Voting
Rights Act.
JE: s:\dana\admins\2011\nov\11-16 reapportionment public hearing.doc
MEETING DATE: November 16, 2011 AGENDA SECTION: REPORTS
ITEM: . Q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
November 7, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
Agreement with the AEG Cycling, LLC to host the Time Trial for the 2012 Amgen Tour
of California. (Ward 3)
RECOMMENDATION:
Staff recommends approval with authorization to make minor revisions if necessary.
BACKGROUND:
The organizers of the Amgen Tour of California, one of the most prestigious sporting events in the
world, have selected Bakersfield as the Host City for its 2012 Time Trial to be held on Thursday,
May 17, 2012.
Based upon the success of Bakersfield's hosting a stage finish in 2010, AEG selected Bakersfield to
host the Time Trial for 2012. Hosting the Time Trial means Bakersfield has the potential to realize
greater benefits than hosting a stage finish. First, the Time Trial occurs completely in one city.
That means all media attention for the Amgen Tour of California on May 17 will be on Bakersfield,
as opposed to the various locations the riders would be passing through as part of a stage
between a start and finish city. Second, because the riders will begin the day in Bakersfield,
there will be the need for a significant number of local hotel rooms and meals to be provided the
night before. Third, because the event ends in Bakersfield, there will be the need for a second
night of hotels and meals. Thus, the Time Trial is expected to provide a significant economic
impact to Bakersfield, far greater than the 2010 event. The route of the Time Trial has yet to be
finalized by AEG.
As with the 2010 State Finish, funding for the Amgen Tour of California will continue to be a public-
private effort with the bulk of funds coming from private donations. In fact, Mercy and Memorial
Hospitals have already committed to being the Presenting Sponsor for the Time Trial. That level of
sponsorship covers a substantial amount of the private donations needed to be raised.
Because the event involves two nights of hotels, meals, and preparations, the costs will be higher
than in 2010. The cost of some hotel rooms will be the responsibility of the Host City and will be
covered by fundraising efforts. The cost of other hotel rooms will be the responsibility of the Tour.
However, it is expected that additional hotel rooms will be booked by out-of-town spectators
and members of the news media travelling to Bakersfield to see the Time Trial. The target for
sponsorships for the 2012 event is $200,000, compared with $160,000 for the 2010 Stage Finish. No
S:Wdmins\City Council\City Council Admins 2011-CVBWdmin AEG Agreement Revision 11-7-11.Doc
November 7, 20112:27 PM
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ADMINISTRATIVE REPORT Page 2
General Funds are being used for the event. In addition, the Convention and Visitors Bureau
budget will provide $38,000 in Transient Occupancy Tax (TOT) funds that are budgeted for these
types of events; the $38,000 will go toward meeting the $200,000 sponsorship goal.
The agreement with AEG delineates obligations of the host city. Staff proposes to continue the
successful partnership between the City and the Bakersfield Sports Foundation to implement the
agreement with AEG and those obligations. As was done in 2010, the Bakersfield Sports
Foundation is the Local Organizing Committee. As such, Bakersfield Sports Foundation will be
primarily responsible in meeting Host City obligations, in part by purchasing services from the City.
A separate Memorandum of Understanding between the City of Bakersfield and Bakersfield
Sports Foundation is on this agenda to provide for such undertaking. The proposed
Memorandum of Understanding is very similar to the one approved by Council for the 2010
Amgen Tour of California stage finish in Bakersfield.
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11/7/20112:27 PM
DL
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: REPORTS - - -
ITEM:
TO; Honorable Mayor and City Council APPROVED
J '
FROM: Donna L, Kunz, Economic Development Director DEPARTMENT HEA
DATE: November 1, 2011 CITY ATTORNEY
CITY MANAGER &
SUBJECT; Memorandum of Understanding between City of Bakersfield and Bakersfield Sports
Foundation to delineate parties' obligations and responsibilities for hosting the 2012
Time Trial of the Amgen Tour of California. (Ward 3)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The organizers of the Amgen Tour of California, one of the most prestigious sporting events in the
world, have selected Bakersfield as the host city for its 2012 Time Trial, This event would be held
on Thursday, May 17, 2012.
The Bakersfield Convention and Visitors Bureau assisted a Local Organizing Committee, the
Bakersfield Sports Foundation, in making a proposal to AEG to be a "Host City." The proposal has
been accepted and an agreement between AEG and the City of Bakersfield is elsewhere on this
agenda for Council action, The City and Bakersfield Sports Foundation have drafted a
Memorandum of Understanding which delineates the obligations and responsibilities of the City
and Bakersfield Sports Foundation including, but not limited to, accounting, financial, insurance,
and indemnification. The Memorandum of Understanding will allow Bakersfield Sports Foundation
to conduct operations for this event in a manner acceptable to the City.
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November 1, 20118:37 AM
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d
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: DEFERRED BUSINESS
ITEM: , . 0.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 3, 2011
SUBJECT: SR 184 Improvements (Ward 3):
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Cooperative Agreement with the State of California Department of
Transportation (Construction costs of $943,000 to be funded by Caltrans;
Construction support costs of $200,000 to be funded by City) to flatten the
roadbed profile and to reconstruct sidewalk, curb, and gutter at and near
the vicinity of the intersection of SR 178 and Bedford Green Drive.
2. Appropriate $200,000 Gas Tax Fund balance to the Public Works
Department's Capital Improvement Budget to fund City share of project cost.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The City, State of California Department of Transportation (Caltrans),
Bakersfield City School District, and K. Hovnanian (Developer) previously entered into a
Memorandum of Understanding (MOU) to facilitate the construction of Bedford Green Drive.
Under this MOU, the parties agreed to construct various portions of work to complete this
project. Construction of Bedford Green Drive will provide an alternate connection between
SRI 78 and SRI 84.
This Agreement outlines the terms and conditions of cooperation between the City and
Caltrans. Caltrans will fund construction costs incurred to flatten the roadbed profile on SR 184
between PM 11.1 /11.3 (at and in the vicinity of the intersection of SR 184 and Bedford Green
Drive). This project will allow the travelling public to access SR 184 through Bedford Green
Drive. In addition, sidewalk, curb, and gutter work will also be performed. Caltrans developed
the Project Initiation Document and is in the process of preparing Plans, Specifications and
Estimate, and other related engineering work. Construction costs are estimated at $943,000
and are the responsibility of Caltrans.
The City will provide construction support services by acting as the Implementing Agency for
construction. As the Implementing Agency, the City will advertise the project for bids, and
administer the contract by providing a Resident Engineer and support staff to oversee the
construction. The City's share of project costs for construction support services is estimated at
$200,000. An appropriation is needed to fund the City's share of project costs.
GAGROUPDATWDMINRPT12011111-1 61CalTrans_CooperativeApr.doc
ADMINISTRATIVE REPORT
Construction work is estimated to commence in early spring of 2012. The construction contract
will allow for complete closure of SR184 for 15 working days to expedite construction
completion.
Staff recommends approval of the Cooperative Agreement and the appropriation of $200,000
of Gas Tax Fund balance. There is no General Fund impact associated with this project.
BU
GAGROUPDATIADMINRPW011\11-16\CalTrans CooperativeAgr.doc
V
ADMINISTRATIVE REPORT
MEETING DATE: November 16, 2011 AGENDA SECTION: New Business
ITEM: 16. q
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
November 4, 2011
Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Budget Presentations for January through December 2012.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ejSzv VCA_
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This Resolution will set the regular City Council Meetings, Budget Hearings and Department
Budget Presentations for 2012. All meetings will be held in the Council Chambers and will begin
at 5:15 p.m.
Holidays, spring break, election deadlines, and League of California Cities Conferences were
taken into consideration.
The Budget Hearing is scheduled for June 6, 2012 at 5:15 p.m., or as soon thereafter as the matter
may be heard, and adoption of the Budget is set for June 27, 2012. Department Budget
Presentations are scheduled for May 23rd and June 6th meetings.
One meeting is scheduled during the months of January, April, July, August, October, and
December.
rg
November 4, 2011, 12:44PM
S:\Counci1\admins\2011\Council meeting dates 2012.dot
s
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 19, 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, Weir, Hanson,
Sullivan, Johnson
Absent: Councilmember Benham
City Clerk Gafford announced staff has requested Consent
Calendar item 8.n.1., Agreement with Central Valley
Occupational Medical Group, be removed; and
recommends approving item 8.n.2.
2. INVOCATION by Reverend Antonio Alfred, St. John
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Breanna Duncan, 7r"
grade student at Stockdale Christian School.
Mayor Hall acknowledged Boy Scout Troop 113 from Our
Lady of Perpetual Help in attendance to earn a badge in
citizenship and community work; and the students from the
Bakersfield College Political Science class in attendance at
the meeting to learn about City government.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Austin Lewis, Rogelyn Paligutan, Christina
Teixeira, Rob Foster, and Han Snella (from
Bethel Christian School), Jeff Taylor, and Sung
Jung spoke regarding the High Speed Rail
project, and recommended relocating the
proposed route to outside of Bakersfield.
ACTION TAKEN
Bakersfield, California, October 19, 2011 - Page 2
5. PUBLIC STATEMENTS continued ACTION TAKEN
b. Anil Mehta, M.D., spoke in opposition to the
High Speed Rail project and submitted written
material.
C. Koko Lilian Carboyan spoke regarding making
a $500 donation to children in the community.
d. Ruben and Diane Mironowski spoke regarding
Woodmere Extension and El Tango Reception
Hall, thanked Mayor Hall and Councilmember
Sullivan for attending the ribbon cutting/grand
opening ceremony, and submitted written
material.
e. Bob Smith, with Bike Bakersfield, thanked City
staff, and Councilmembers Sullivan and
Johnson for attending the Bicycle Master Plan
informational workshop yesterday, and
requested that the City move forward with a
BTA compliant bicycle master plan immediately
so as to best integrate the Metropolitan area
with the County bicycle master plan, which
begins work next week.
f. Jeremy Wright spoke regarding the death of
Trevian Avila at the hands of a police officer.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 28, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
September 16, 2011 to October 6, 2011 in the
amount of $20,023,710.73 and self-insurance
payments from September 16, 2011 to
October 6, 2011 in the amount of $422,703.53,
totaling $20,446,414.26.
Bakersfield, California, October 19, 2011 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. First Reading of Ordinance amending Title 17 of
the Bakersfield Municipal Code by changing
the zoning from P (Parking) and R-1 (One Family
Dwelling) to C-2 (Regional Commercial) on a
0.44-acre portion of an existing shopping center
site located south of Brundage Lane
approximately 400 feet west of the intersection
of Roosevelt Street and South Oleander
Avenue. (ZC # 11-0230 - Kern Land Design
representing Y. & R. Lamlaor and W. & R.
Johnson).
Resolutions:
d. Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Section 34090
et seq. of the Government Code. (Finance
Department)
e. Resolution determining hearings will be held to
consider future Resolutions of Necessity to
acquire properties for the Thomas Road
Improvement Program projects. (TRIP)
f. Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City:
1. Annexation No. 635 consisting of
17.33 acres located south of Olive Drive,
between Knudsen Drive and Landco
Drive (future alignment).
2. Annexation No. 635 consisting of 17.33
acres located south of Olive Drive,
between Knudsen Drive and Landco
Drive (future alignment).
g. Resolutions to add territories to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Reports
and authorizing collection of assessments by
the Kern County Tax Collector:
FR
RES 091-11
RES 092-11
RES 093-11
RES 094-11
Bakersfield, California, October 19, 2011 - Page 4
8. CONSENT CALENDAR continued
Item 8.g. continued
1. Area 1-89 (NW corner of Reina Road and
Old Farm Road)
2. Area 2-48 (6465 Ming Avenue)
3. Area 4-103 (4485 Buck Owens Boulevard)
4. Area 4-104 (3001 Buck Owens Boulevard)
5. Area 4-105 (3700 Chester Avenue)
h. Sewer connection fee assessments:
Resolution confirming assessments for
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreements to pay sewer connection
fee in installments through the Kern
County taxes and a notice of special
assessment lien will be placed on the
property.
a. Julian B. & Gaudalupe R. Adame
for 3105 Terrace Way.
b. Alexandria Perea for 3109 Terrace
Way.
Resolution setting rates and equipment
specifications for tow truck services provided
pursuant to contract with City.
j. Resolution adopting a policy regarding audit
reporting practices and selection of audit firms.
(Budget and Finance Committee)
k. Resolution of support for the Westside Parkway
Phase 6 application to the U.S. Department of
the Transportation Grants for National
Infrastructure Investments, or "TIGER
Discretionary Grant", Program.
ACTION TAKEN
RES 095-11
RES 096-11
RES 097-11
RES 098-11
RES 099-11
RES 100-I1
AGR 11-113
AGR 11-114
REMOVED FOR
SEPARATE
CONSIDERATION
RES 101-11
RES 102-11
Bakersfield, California, October 19, 2011 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Wastewater Revenue Bond 2007 Series B
Variable Rate Bonds:
1. Resolution authorizing the use of excess RES 103-11
revenues in the Wastewater Treatment
Fund (not to exceed $19,000,000) to
redeem a portion of the Wastewater
Revenue Bonds, Series 2007 B; and
2. Appropriate $18,730,000 Wastewater
Enterprise Fund balance to the debt
service budget within the Wastewater
Enterprise Fund for early redemption of
variable rate Wastewater Revenue
Bonds Series B; and
3. Appropriate $270,000 Wastewater
Enterprise Fund balance to the debt
service budget within the Wastewater
Enterprise Fund to facilitate the
replacement of current liquidity provider
(Dexia) and associated remarketing of
the remaining $25,000,000 balance of
variable rate Wastewater Revenue
Bonds Series B; and
4. Agreement with Kutak Rock LLP (not to AGR 11-115
exceed $85,000) for bond counsel
services associated with the
replacement of liquidity provider and
associated remarketing of the
Wastewater Revenue Bonds Series
2007 B; and
5. Agreement with Goodwin Procter LLP AGR 11-116
(not to exceed $77,500) for disclosure
counsel services associated with the
replacement of liquidity provider and
associated remarketing of the
Wastewater Revenue Bonds Series
2007 B; and
Bakersfield, California, October 19, 2011 - Page 6
8
CONSENT CALENDAR continued
Item 8.1. continued
ACTION TAKEN
6. Authorize the Finance Director to take
other actions necessary to facilitate the
prompt replacement of current liquidity
provider (Dexia) and associated
remarketing of the Wastewater Revenue
Bonds Series 2007 B (not to exceed costs
of $107,500). (Budget and Finance
Committee)
Agreements:
M. 2012 Healthcare Agreements:
1. Amendment No. 1 to Agreement
No. 10-133 with Anthem Blue Cross for
PPO health insurance for eligible
employees.
2. Amendment No. 1 to Agreement
No. 10-134 with Anthem Blue Cross for
PPO health insurance for eligible retired
employees.
3. Amendment No. 1 to Agreement
No. 10-135 with Anthem Blue Cross for
HMO medical insurance for eligible
employees.
4. Amendment No. 3 to Agreement
No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance for
Medicare eligible retired employees.
5. Amendment No. 7 to Agreement
No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible employees.
6. Amendment No. 1 to Agreement
No. 10-136 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible retired employees.
7. Amendment No. 1 to Agreement
No. 10-137 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for Medicare eligible retired
employees.
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, October 19, 2011 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.m. continued
8.
Agreement with Kaiser Permanente -
Managed Care Health Plans for a high
deductible health plan for eligible
employees.
9.
Agreement with Kaiser Permanente -
Managed Care Health Plans for a high
deductible health plan for eligible retired
employees.
10.
Amendment No. 1 to Agreement
No. 10-138 with Medical Eye Services
(MES) for vision insurance for eligible
employees.
11.
Amendment No. 1 to Agreement
No. 10-139 with Medical Eye Services
(MES) for vision insurance for eligible
retired employees.
12.
Amendment No. 1 to Agreement
No. 10-140 with Pacific Union Dental for
pre-paid dental insurance for eligible
employees.
13.
Amendment No. 1 to Agreement
No. 10-141 with Pacific Union Dental for
pre-paid dental insurance for eligible
retired employees.
14.
Amendment No. 2 to Agreement
No. 09-133 with Metropolitan Life
Insurance Co. for dental insurance for
eligible employees.
15.
Agreement with Optum Health of
California for emotional health care
insurance for Employees Assistance
Program (EAP).
16.
Agreement with Optum Health of
California for emotional health care
insurance for eligible employees.
17.
Agreement with Optum Health of
California for emotional health care
insurance for retired employees.
Bakersfield, California, October 19, 2011 - Page 8
8. CONSENT CALENDAR continued
Item 8.m. continued
18. Amendment No. 5 to Agreement
No. 06-337 with Fort Dearborn Life
Insurance Co. for eligible employee life
insurance.
19. Amendment No. 4 to Agreement
No. 08-019 with HealthComp, Inc. for any
employee un-reimbursed medical
expenses and dependent care expenses
under the IRS Section 125.
n. City Physician Services Agreements:
1. Agreement with Central Valley
Occupational Medical Group, Inc. (not
to exceed $100,000 annually).
2. Agreement with Vernon C. Sorenson,
M.D., dba, Memorial Occupational
Medicine (not to exceed $100,000
annually).
o. Agreement with Kern Charter Service, Inc.
($10,500 with 3% annual escalation
clause) for annual ground lease of new
Southwest Hangar Project.
P. Amendment No. 1 to Agreement No. 09-017
with the State of California Department of
Transportation to widen Rosedale Highway
between State Route 99 and Allen
Road (TRIP).
q. Annual contract for elevator maintenance:
Amendment No.1 to Agreement
No. PW 11-123 with Thyssen Krupp Elevator
Corp. (adding $20,000, for a total not to
exceed $60,000) to fund elevator repairs.
2. Appropriate and transfer $20,000 Capital
Outlay Fund balance to the Finance
Department Operating Budget within
the Off Street Parking Fund for elevator
repairs.
ACTION TAKEN
REMOVED BY
STAFF
AGR 11-122
AGR 11-123
AGR 09-017(1)
AGR 11-127
Bakersfield, California, October 19, 2011 - Page 9
8.
CONSENT CALENDAR continued ACTION TAKEN
Amendment No. 1 to Agreement No. WR10-014 AGR 11-128
with Gene Bogart ($40,000, for a total not to
exceed $80,000 and extend term two years) to
provide technical assistance to the Water
Resources Department.
Environmental Impact Report Processing for the
Kern River Flow Project:
Amendment No.1 to Agreement AGR 10-154(1)
No. 10-154 with Horizon Water and
Environment, LLC ($60,000, for a total not
to exceed $660,000) to broaden the
scope of services in the processing of the
EIR.
2. Appropriation of $30,000 from the
Domestic Water Fund Balance and
$30,000 from the Agricultural Water Fund
Balance to the Water Resources Capital
Improvement Budget to fund the
amendment to the EIR.
24th Street Improvement Projects (TRIP):
Amendment No. 2 to Agreement
No. 07-224 with RBF Consulting, AGR 07-224(2)
($215,248; revised not to exceed
$2,705,907) for Engineering Design
Services for the 24th Street Widening
Project.
2. Amendment No. 2 to Agreement
No. 07-225 with RBF Consulting, AGR 07-225(2)
($111,905; revised not to exceed
$2,124,226) for Engineering Design
Services for the Oak and 24th Street
Improvement Project.
Bids:
U. Accept bid from Pierce Manufacturing, Inc.
($799,950.19), for one Mobile Command
Unit for the Fire Department.
V. Accept bid from McPeek's Dodge of Anaheim REMOVED FOR
($186,348.58) for ten replacement midsize SEPARATE
sedans for the Wastewater Division and Police CONSIDERATION
Departments.
Bakersfield, California, October 19, 2011 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
W. Accept bid from 3 Way Automotive Group
($95,371.46) for four replacement 4-door
Police administration sedans.
X. Accept bid from 3 Way Automotive Group
($75,538.57) for two replacement 2-wheel
drive utility vehicles pickups for the Fire
Department.
Y. Accept bid from Dell Marketing L.P. ($67,740.48)
for Juniper switches and power supply for the
Information Technology Division.
Z. Accept bid and approve contract with RM AGR 11-124
Industries ($50,400) for annual janitorial services
at the Amtrak Station.
aa. Accept bid and award contract to Brown and AGR 11-125
Fowler Construction, Inc. ($1,076,390), for
construction of two domestic water well pump
house facilities: CBK 53 located within Tract
6328 in the vicinity of Panama Ln. and Mountain
Vista Dr., and CBK 55 located within Tract 6329
in the vicinity of Harris Road and Old River
Road.
Miscellaneous:
bb. Certified Unified Program Agency Electronic
Reporting Grant:
1. Approve State Grant Agreement AGR 11-126
($70,494) with the California
Environmental Protection Agency.
2. Appropriate $70,494 State Grant
Revenue to the California Unified
Program Agency Fund Operating
Budget for the purchase of computers,
WIFI capabilities and interface with the
California Environmental Reporting
System.
cc. Appropriate $3,325,000 Anthem Blue Cross
medical premium surplus funds to the
non-departmental budget within the General
Fund to provide for additional deposits into the
Retiree Medical Irrevocable Trust Fund.
Bakersfield, California, October 19, 2011 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
dd. Appropriate $253,000 Federal Grant Revenues
to the General Fund Police Operating Budget,
to fund the Kern Avoid the 18 DUI Campaign.
ee. Appropriate $514,677 Federal Grant Revenues
to the General Fund Police Operating Budget,
to fund the Selective Traffic Enforcement
Program.
ff. Appropriate $47,420 Federal Grant Revenues to
the General Fund Police Operating Budget, to
fund the "A Life Interrupted" Program.
gg. Revised job specifications for Firefighter
Trainee - #32260 and Firefighter - #32200.
Councilmember Johnson requested that Item 8.v. be
removed for separate consideration.
Councilmember Salas requested that item 8.1. be
removed for separate consideration.
Vice-Mayor Couch requested that Item 8.m. be
removed for separate consideration.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar Items 8.a. through 8.gg., with the removal of AB BENHAM
Items 84 8.m., and 8.v. for separate consideration,
and the removal by staff of Item 8.n.1.
i. Resolution setting rates and equipment
specifications for tow truck services provided
pursuant to contract with City.
Motion by Councilmember Salas to continue Consent APPROVED
Calendar item 81 to the meeting of November 16, AB BENHAM
2011.
V. Accept bid from McPeek's Dodge of Anaheim
($186,348.58) for ten replacement midsize
sedans for the Wastewater Division and Police
Departments.
Councilmember Johnson asked staff to review the
feasibility of establishing a 5 percent bidder
preference policy like the County of Kern, and report
back to the City Council with Its findings.
Bakersfield, California, October 19, 2011 - Page 12
8. CONSENT CALENDAR continued
Item 8.v. continued
Motion by Councllmember Sullivan to continue
Consent Calendar Item 8.v. to the meeting of
November 16, 2011.
Motion by Vice-Mayor Couch to retract
Councilmember Sullivan's motion, reject all bids, have
the discussion about the policy, bring the policy back,
and put the Item out to bid again.
M. 2012 Healthcare Agreements:
1. Amendment No. 1 to Agreement
No. 10-133 with Anthem Blue Cross for
PPO health insurance for eligible
employees.
2. Amendment No. 1 to Agreement
No. 10-134 with Anthem Blue Cross for
PPO health insurance for eligible retired
employees.
3. Amendment No. 1 to Agreement
No. 10-135 with Anthem Blue Cross for
HMO medical insurance for eligible
employees.
4. Amendment No. 3 to Agreement
No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance for
Medicare eligible retired employees.
5. Amendment No. 7 to Agreement
No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible employees.
6. Amendment No. 1 to Agreement
No. 10-136 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible retired employees.
7. Amendment No. 1 to Agreement
No. 10-137 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for Medicare eligible retired
employees.
ACTION TAKEN
RETRACTED
APPROVED
NOES WEIR, HANSON
AB BENHAM
AGR 10-133(1)
AGR 10-134(1)
DEFERRED TO NEXT
MEETING
AGR 08-164(3)
AGR 05-417(7)
AGR 10-136(1)
AGR 10-137(1)
Bakersfield, California, October 19, 2011 - Page 13
8.
CONSENT CALENDAR continued ACTION TAKEN
Item 8.m. continued
8. Agreement with Kaiser Permanente - AGR 11-117
Managed Care Health Plans for a high
deductible health plan for eligible
employees.
9. Agreement with Kaiser Permanente - AGR 11-118
Managed Care Health Plans for a high
deductible health plan for eligible retired
employees.
10. Amendment No. 1 to Agreement AGR 10-138(1)
No. 10-138 with Medical Eye Services
(MES) for vision insurance for eligible
employees.
AGR 10-139(1)
11. Amendment No. 1 to Agreement
No. 10-139 with Medical Eye Services
(MES) for vision insurance for eligible
retired employees.
12.
Amendment No. 1 to Agreement
AGR 10-140(1)
No. 10-140 with Pacific Union Dental for
pre-paid dental insurance for eligible
employees.
13.
Amendment No. 1 to Agreement
AGR 10-141(1)
No. 10-141 with Pacific Union Dental for
pre-paid dental insurance for eligible
retired employees.
14.
Amendment 2 to Agreement No. 09-133
AGR 09-133(2)
with Metropolitan Life Insurance Co. for
dental insurance for eligible employees.
15.
Agreement with Optum Health of
AGR 11-119
California for emotional health care
insurance for Employees Assistance
Program (EAP).
16.
Agreement with Optum Health of
AGR 11-120
California for emotional health care
insurance for eligible employees.
17. Agreement with Optum Health of AGR 11-121
California for emotional health care
insurance for retired employees.
Bakersfield, California, October 19, 2011 - Page 14
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.m. continued
18. Amendment No. 5 to Agreement AGR 06-337(5)
No. 06-337 with Fort Dearborn Life
Insurance Co. for eligible employee life
insurance.
19. Amendment No. 4 to Agreement AGR 08-019(4)
No. 08-019 with HealthComp, Inc. for any
employee un-reimbursed medical
expenses and dependent care expenses
under the IRS Section 125.
Vice-Mayor Couch advised, with regard to item
8.m.3., that Anthem Blue Cross recently decided to
terminate its agreement with GEMCare IPA, and as a
result there are many doctors In that IPA who will no
longer be available to City employees unless those
doctors choose to move to another independent
practice association within the City's system; and
asked that Carolyn Spaeter, a representative of
Anthem Blue Cross of California and In attendance,
provide him the name of the individual at Anthem with
the authority to guarantee that GEMCare and its
doctors would be included in the City's plan for 2012.
In response to a question by Vice-Mayor Couch, City
Manager Tandy advised that due to the time-
consuming process involved in the formal collective
bargaining agreements and the cumbersome task of
negotiating insurance issues with multiple different
bargaining organizations, that imposing a condition
that approval is contingent upon the utilization of the
some doctors that were in the plan last year is outside
of what he considers to be the appropriate conduct
of the City to impose.
Tom Morrison, with The Segal Company, advised that
at the time that the City was advised of the
termination of the GEMCare IPA from the HMO plan,
the Insurance Committee was fully briefed on the
subject matter and given options of looking at other
plans that might re-include the GEMCare IPA into the
plan of benefits, and they expressed a unanimous lack
of interest in pursuing any of those additional paths to
include a new plan with the GEMCare physicians,
mostly because the PPO plan was still available to
active employees and retirees, and all of the
GEMCare physicians are in the Anthem PPO plan.
Bakersfield, California, October 19, 2011 - Page 15
8. CONSENT CALENDAR continued
Item 8.m. continued
Vice-Mayor Couch encouraged Ms. Spoeter to take
the issue back to her superiors at Anthem to consider
including GEMCare for the calendar year of 2012.
Dr. Vincent Phillips, president of GEMCare IPA, made
comments and requested Council tell Blue Cross to
include GEMCare for 2012.
In response to a question by Councilmember Johnson,
Robert Severs, president and CEO of GEMCare, made
comments regarding staff's contact with Blue Cross
and GEMCare.
Councilmember Johnson suggested the City should
do more to make sure that it maintains a plan which
was presented by a provider. He put forward a
proposal to the City Council to continue this item, and
go back to Anthem one last time, through their CEO
and the Vice-Mayor, another Councilmember or the
Mayor, and demand that what Anthem presented to
the City in the first place is what should be delivered.
Motion by Councllmember Johnson to continue this
Item, and bring It back for a special meeting in order
to allow time for staff to contact Anthem's CEO.
Councilmember Sullivan advised she would support
the motion and is in favor of putting this off until the
November meeting.
Councllmember Johnson clarified that his motion was
only for Item 3.
Dr. Jorge Del Toro expressed his disappointment with
the manner in which this issue came about on such
short notice.
Councllmember Weir asked Councllmember Johnson
to withdraw his motion, and made a motion to defer
Item 3 until the next meeting or until a special
meeting.
ACTION TAKEN
Councllmember Johnson advised he would like to
hear Councllmember Weir's proposal, however, he
was not willing to withdraw his motion at this time.
Bakersfield, California, October 19, 2011 - Page 16
8. CONSENT CALENDAR continued
Item 8.m. continued
In response to a question by Councilmember Weir, Mr.
Morrison advised that he understood that there had
been continuing discussions between Anthem and
GEMCare over a long period of time.
In response to a question by Councllmember Weir,
Councilmember Johnson clarlfled his motion as
follows: to not vote on item 3, bring it back for a vote
at a special meeting, N necessary, and that City
staff do the due diligence and go up the food chain as
far as they need to with Anthem until we feel that
we've done everything we can to make sure that we
stood up for our employees, and specifically, that the
Vice-Mayor be included in that call and maybe a
Councllmember, or If a Councllmember Is not
available, perhaps the Mayor.
Councilmember Weir stated he wanted to point out
that with the action in item cc., a little over $3 Million is
being put into the City's retiree health care trust, which
is a pretty remarkable feat, and he thanked the City
Manager's Office for their direction and focus on this
particular item.
Motion by Councilmember Weir to approve Item m.,
excluding item 3.
Councilmember Salas advised he would support
Councilmember Johnson's motion to come back and
look at item 3 at either a special meeting or on
November 16th.
Councilmember Johnson advised he would accept a
friendly amendment from Councilmember Weir to
approve Item m., exclude Item 3, and then direct staff
prior to the next regular meeting, or a special meeting,
to arrange for the Vice-Mayor and an additional
Councllmember to sit In on a conference call with the
CEO of Anthem to try to mitigate and broker a deal to
continue with GEMCare.
ACTION TAKEN
Councilmember Weir agreed to the friendly
amendment.
Bakersfield, California, October 19, 2011 - Page 17
8.
CONSENT CALENDAR continued
Item 8.m. continued
ACTION TAKEN
9.
10.
11.
Motion by Councilmember Weir to adopt Consent
Calendar Item 8.m., excluding item 8.m.3., and then
direct staff prior to the next regular Council meeting or
a special meeting, to arrange for the Vice-Mayor and
an additional Councilmember to sit in on a
conference call with the CEO of Anthem to try to
mitigate and broker a deal to continue with GEMCare.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider a Resolution ordering
the vacation of an access easement located
at 2620 K Street, between 26th Street and 27th
Street. (Staff recommends adoption of Resolution.)
b. Public Hearing to consider the nomination of
the large city member from Kern County to the
San Joaquin Valley Air Pollution Control District
Governing Board.
Resolution Selecting Harold Hanson as
the Nominee for Appointment as the
Large City Representative from Kern
County to the San Joaquin Valley Air
Pollution Control District Governing
Board. (Staff recommends Council
determination.)
Consent Calendar Public Hearings opened at 6:55
p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:56 p.m.
Motion by Vice-Mayor Couch to adopt Consent
Calendar Public Hearings Items 9.a. and 9.b., with
item 9.b. to include a motion to appoint
Councilmember Hanson to the San Joaquin Valley Air
Pollution Control District Board and approve the
Resolution.
CLOSED SESSION
None.
CLOSED SESSION ACTION
None.
APPROVED
AB BENHAM
RES 104-11
RES 105-11
APPROVED
AB BENHAM
Bakersfield, California, October 19, 2011 - Page 18
12. HEARINGS ACTION TAKEN
a. Public Hearing and First Reading of an
Ordinance amending Chapter 1.12 of the
Bakersfield Municipal Code revising the
boundaries of City Council Wards 1 through 7.
Planning Director Eggert provided a PowerPoint
presentation, made staff comments regarding
Concepts 1, 2, and 3; recommended adoption of
Concept 1, and recommended First Reading of the
Ordinance.
Hearing opened at 7:02 p.m.
Marvin Dean spoke in opposition to the staff
recommendation, as it relates to a major population
shift change in Ward 1, expressed his concerns that
there may be a violation of the Voting Rights Act,
made several suggestions for ward boundary
changes; and referenced a letter he had submitted
to the City Clerk for the Council earlier in the day.
No one else spoke.
Mayor Hall announced that the Hearing will remain
open and will be continued to the November 16th
regularly scheduled City Council Meeting.
Motion by Councilmember Hanson to accept Concept WITHDRAWN
1.
Vice-Mayor Couch suggested deferring action on this
item and asked the City Attorney to research the issue
brought up regarding a possible violation of the Voting
Rights Act.
Councilmember Hanson announced he would
withdraw his motion.
Vice-Mayor Couch suggested some changes in Wards
3, 4, and 5; and stated he would like the opinions of
Councilmember Weir and Councilmember Hanson, as
well as staff.
Motion by Vice-Mayor Couch to continue the Hearing APPROVED
to the meeting of November 16, 2011. AB BENHAM
Recess taken from 7:50 p.m. to 7:59 p.m.
Bakersfield, California, October 19, 2011 - Page 19
13. REPORTS ACTION TAKEN
a. Report on Campus Park South Storm Sump
Improvements.
Public Works Director Rojas made staff comments and
introduced Assistant Public Works Director Underwood,
who provided a PowerPoint presentation, and
recommended acceptance of the report.
Councilmember Hanson thanked Castle & Cooke,
Meyer Civil Engineering, and City staff for their efforts
with this project.
Motion by Councilmember Hanson to accept the APPROVED
report, and requested the authority to meet with the AB BENHAM
community to obtain feedback.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Weir thanked Public Works staff and
Assistant to the City Manager Smiley for their
assistance in resolving an issue with a development in
the northeast area.
Councilmember Salas thanked his online supporters.
Councilmember Salas thanked Recreation and Parks
staff for putting together the Good Neighbor Festival
last weekend and for attending the Town Hall Forum,
along with the Police Department, and he thanked
staff for working on Citizen's Forum that the City will be
hosting next month.
Councilmember Salas asked for a status report on a
request he had made at the last City Council meeting
regarding alleviating the traffic problem at Pauley
School on Planz Road.
Councilmember Hanson commented on the savings
issue with the unfunded liability and thanked
Councilmember Weir and Vice-Mayor Couch for the
efforts of the Personnel Committee in bringing about
this great victory.
Bakersfield, California, October 19, 2011 - Page 20
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson commended Finance
Director Smith for his recommendations on Consent
Calendar item 8.1., regarding wastewater revenue
bond variable rate savings, which will save the City
millions of dollars over a period of time.
Councilmember Johnson thanked Building Director
Burns for helping with an issue several weeks ago, and
Police Chief Williamson and staff for their assistance
with the Valley Plaza Issue.
Councllmember Johnson requested that staff meet
with Mr. Smith of Bike Bakersfield regarding the Items
that will enable the City to qualify for additional
funding that we currently do not qualify for,
specifically with becoming BTA compliant In order to
qualify for grant funds from the Biking Master Account
through the State of California.
Councilmember Sullivan welcomed Andy Heglund to
his new position in the City Attorney's Office.
Vice-Mayor Couch announced he would like to speak
to City Manager Tandy and Water Resources Manager
Chianello after the meeting.
Vice-Mayor Couch requested that the Fire Chief and
Wafer Resources Manager meet with Mr. Price from
the newspaper, In response to a recent editorial about
not much being done at the Kern Power Plant, and
bring him current with the operations that are going on
there, as well as the demolition.
Vice-Mayor Couch advised he had some Information
to pass along to the members of the Housing Incentive
Task Force; a final resolutions report from the League
of Cities to pass along to staff; a couple of letters
regarding high speed rail for staff to respond to; and
some miscellaneous items just for Information.
Vice-Mayor Couch referred to the Legislative and
Litigation Committee to have a discussion regarding
the City's e-mail retention policy and identify the law
that applies to that for possible action by the Council.
Bakersfield, California, October 19, 2011 - Page 21
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice-Mayor Couch advised that while the City is
focused on saving money on the variable rate bonds
and unfunded liabilities, the federal government is
focused on a bill called the DIAPER (Diaper Investment
and Aid to Promote Economic Recovery) Act that
would give away free diapers.
Councilmember Salas advised that he is trying to get
clarification at the State level regarding the e-mail
policy, and he will be happy to share that when he
receives it.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:21 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield