HomeMy WebLinkAbout03/11/09_CC_AGENDA_PACKET~ BAKERSFIELD CITY COUNCIL
•
,,~ t AGENDA
MEETING OF MARCH 11, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Reverend Denzil Holman, Apostolic Revival Center.
3. PLEDGE OF ALLEGIANCE by Nicholas Lane, 8th Grade Student, Freedom Middle School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Judy Normoyle, Legacy One, declaring April
as National Donate Life Month.
b. Presentation by Mayor Hall of a Proclamation to Susan Handy, Director of Adult Education,
Kern High School District, declaring March 9-13, 2009, as Adult Education Week.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 25, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from February 13, 2009 to February 26, 2009 in the
amount of $7,499,736.10 and self-insurance payments from February 13, 2009 to February
26, 2009 in the amount of $197,622.62.
Ordinances:
(Ward 1,6,7)' c. Adoption of Ordinance amending Municipal Code Sections 1.12.010, 1.12.060 and 1.12.070
by adding Annexation No. 580 consisting of 1.20 acres located on the south side of Highway
58, east of South Real Road and Annexation No. 585 consisting of 3.32 acres located on the
south side of Wilson Road, between S. Chester Avenue and S. P Street to Ward 1;
Annexation No. 575 consisting of 21.20 acres located at the southeast corner of Taft
Highway and Gosford Road to Ward 6; and, Annexation No. 592 consisting of 0.37 acres
located at 5701 Akers Road, east of Harris Road to Ward 7. (FR 2/25/09)
(Ward 3) d. Adoption of Ordinance amending Title 17 of the Municipal Code (Zone Map Nos. 104-01,
104-10, 104-11, 104-12 & 105-6) to change the zoning on approximately 1,863 acres
generally located to the east of Alfred Harrell Highway and extends to the City's eastern
boundary encompassing both sides of State Route 178. (ZC 06-1722) (Applicant: McIntosh
& Associates) (FR 2/i 1/09)
(Ward 2) e. Adoption of Ordinance approving a Negative Declaration, denying the appeal and amending
Title 17 of the Municipal Code (Zone Map No. 103-30) by changing the zoning from OS
(Open Space) to C-C (Commercial Center) on 2.5 acres located east of the Kern Island
Canal between 19th and 21St Streets. (ZC 08-1238) (Applicant: City) (FR 2/11/09)
'upon annexation
8. CONSENT CALENDAR continued
Resolutions:
(Ward 1) f. Sewer Construction and Connection Fee Assessment for 4408 Joseph Drive:
1. Resolution confirming assessments for the construction and connection fees and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Wynandus E. Blaauw to pay construction and connection fees in
installments and notice of special assessment lien.
(Ward 4)' g. Resolution calling and giving notice of holding a Special Municipal Election ordering territor
y
designated as Kimberly No. 1 Annexation to be annexed to the City subject to confirmation
by the registered voters which shall be held on Tuesday, June 16, 2009.
h. Motorola Radio Equipment:
1. Resolution determining that Motorola radio equipment cannot be obtained through
usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $440,000)
2. Approve purchase of replacement portable radios and related equipment from
Motorola Communications, Inc. ($440,000).
(wary 2> i. Resolution authorizing filing of application, verifying that sufficient funds are available and
that all other matters requisite to awarding the contract for the Grade Separation on Mohawk
Street at the Burlington Northern and Santa Fe Railway Tracks will be undertaken. (TRIP)
Agree ments:
(Ward 2) j. Agreement with Nolte Associates, Inc. ($4,193,571.48) for construction management
services for Westside Parkway Phase 1 -Mohawk Extension. (TRIP)
k. Agreement with William Avery & Associates, Inc. (total not to exceed $49,800, including
expenses) for negotiation and consultant services in employer-employee relations for a term
of one (1) year.
(Ward i,s) I. Amendment No. 1 to Agreement No. PW08-056 with Abacus IMT ($39,000; revised total not
to exceed $79,900) for repair and maintenance of cogeneration engine systems at
Wastewater Treatment Plant Nos. 2 and 3.
(Ward 4) m. Amendment No. 1 to Agreement No. 08-175 with M. H. Wolfe & Associates Emvironmental
Consultants, Inc. ($45,528.25; revised total not to exceed $123,171.25) to expand the scope
of work for providing environmental monitoring for the Allen Road Bridge of the Kern River
Project.
(wars z) n. Amendment No. 1 to Agreement No. 05-132 with H & H Engineering Construction, Inc. for
repair and maintenance of Bakersfield Amtrak Railroad (extends contract term; no increase
in compensation).
o. Amendment No. 1 to Agreement No. 08-048 with San Joaquin Fence & Supply extending
term for one (1) year for fencing.
p. Amendment No. 1 to Agreement No. 07-084 with Jim Alfter Construction ($100,000; revised
total not to exceed $350,000) extending term for one (1) year for canal liner repair.
(Ward 2,a,5,6) q. Amendment No. 2 to Agreement No. 05-008 with Kennedy/Jenks Consultants ($112,900;
revised total not to exceed $337,900) to update the City's Domestic Water System Hydraulic
Model.
'upon annexation
2 City Council Meeting of 03/11/2009
8. CONSENT CALENDAR continued
(Ward 6) r. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Contract Change Order No. 5 to Agreement No. 07-302 with Kiewit Pacific Corp.
($400,815; revised total not to exceed $212,719,330) for project.
2. Transfer $400,815 contingency established for the Wastewater Treatment Plan No. 3
Expansion Project to the Public Works Department Capital Improvement Budget.
(Ward 1) s. Contract Change Order No. 3 to Agreement No. 07-422 with Griffith Company (73,144.14;
revised total not to exceed $6,096,458.73) for the Northeast Sewer Project -Phase 3.
(Ward 2) t. Contract Change Order No. 2 to Agreement No. 08-068 with Kern Pacific Construction Co.
($65,265.93; revised total not to exceed $1,725,523.53) for the 22"d Street Storm Drain
Project.
Bids:
(Ward 2) u. Mill Creek Linear Park & Canal Refurbishment Project Phases 2, 4, 5A & 5B Park Amenities
Project:
1. Accept base bid, additive alternate nos. 1 and 2 and award contract to Elite
Landscaping, Inc. ($3,998,834) for the construction of project.
2. Transfer $1,000,000 from the Southeast Redevelopment Project Area Operating
Budget to the Capital Improvement Budget within the Southeast Project Area Fund.
(Ward 4) v. Accept bid and award contract to Loop Electric, Inc. ($149,393.51) for construction of street
improvement plans for Calloway Drive at Norris Road.
Miscellaneous:
w. Acceptance of Financial Audit Reports. (Budget & Finance Committee)
(Ward 1,7) x. Installation of flashing yellow beacon and handicap ramp at two existing school crossings
located along Planz Road for Pauly Elementary School and South High School.
1. Appropriate $65,520 California Safe Route to School grant to the Public Works
Department Capital Improvement Budget within the Gas Tax Fund for both projects.
2. Transfer $7,280 from a budgeted Public Works Department Capital Improvement
Project (Traffic Signal Interconnect) within the Gas Tax Fund to fund the local match
requirement of 10% for both school crossing projects.
Staff recommends adoption of Consent Calendar items a through x.
9. CONSENT CALENDAR HEARINGS
(Ward 2) a. Public Hearing to consider Resolution to authorize the Bakersfield Redevelopment Agency
to transfer and sell 1.53 acres of real property located at 1303 S Street in the amount of
$1,000,001 and hold a $2,700,000 zero interest note with a balloon payment due and
payable in 55 years from Millcreek Courtyard LLC to the Bakersfield Redevelopment Agency
for the development of 57 affordable apartments as Phase 3 of the South Mill Creek Mixed
Use Redevelopment Project. (Staff recommends adoption of resolution and approval of the
sale of real property.)
3 City Council Meeting of 03/11/2009
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. Robert Pratt v City; KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-
AEW, and S-1500-CV-261666-AEW.
2. Mohamad Harb, et al v City, et al; KCSC Case No. S-1500-CV-265887-SPC
11. CLOSED SESSION ACTION
12. HEARINGS
13. REPORTS
a. Report on the Status of Budget Reductions. (a~an randy, city Manager)
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitt~d,
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Alan Tandy
City Manager
03/0M09 4:50pm
4 City Council Meeting of 03/11/2009
AGENDA HIGHLIGHTS
March 11, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 n.m.
CONSENT CALENDAR
Resolutions
Item 8g. Resolution Calling and Giving Notice of Holding a Special Municipal Election Ordering Territory
Designated as Kimberly No. 1 Annexation to be Annexed to the C~ This Resolution is required in order
to call a Special Municipal Election for the purpose of submitting to the registered voters the question of
whether the territory designated as Annexation No. 593, also known as Kimberly No. 1, shall be annexed
to the City. This election will be conducted solely by mailed ballot and all State election regulations will
apply. Adoption of this Resolution is the first step of the election process and is required by the
California Elections Code.
Item 8h. Motorola Radio Eauipment. Police portable radios are being standardized for the safety of
uniformed officers by means of similarly operating controls, which are critical during emergency
situations. The City's radio systems are exclusively Motorola, which utilizes certain proprietary tones and
codes for access through various parts of the radio systems. Motorola is offering the City a 20%
discount towards the purchase of specific new radio equipment until March 31, 2009. Funds for the
purchase of this radio equipment are included in the FY 2008-09 Adopted Budget. This resolution
authorizes the Finance Director to dispense with bidding and to approve the purchase of this equipment
from Motorola Communications, Inc. in the amount of $440,000.
Item 8i. Resolution Authorizing Filing of a Section 190 Grant Application for the Grade Separation on
Mohawk Street at the Burlington Northern and Santa Fe Railway Tracks Included as part of Phase I of
the Westside Parkway is the construction of Mohawk Street from Truxtun Avenue to Rosedale Highway.
This segment includes the crossing of the Burlington Northern and Santa Fe Railroad. Although this
project is fully funded and has been awarded to Security Paving Company, the City may be able to
access approximately $5 million in Section 190 grade separation funding. This funding depends on the
number of agencies submitting applications for these funds. If successful, the Section 190 funds could
allow the City to utilize the savings from existing funding, as a result of this potential new funding, for
Phase II of the Westside Parkway.
Agreements
Item 8j. Agreement With Nolte Associates. Inc. for Construction Management Services for Westside
Parkway Phase 1 -Mohawk Extension in the amount of $4.193.571.48. This contract is for Construction
Management Services for the first phase of the Westside Parkway project. Staff issued a Request for
Proposals for Construction Management Services for the Westside Parkway Project. Seven (7) firms
responded and based on a review of their proposals, several were invited to interview with the selection
committee. Based on the rankings of the proposals and the subsequent interviews, Nolte Associates,
Inc. was selected as the most qualified to provide the services requested. In accordance with federal
procurement procedures for these types of services, the cost for providing these services was negotiated
by the TRIP staff, after Nolte Associates, Inc. was selected.
Item 8p. Amendment No. 2 to Agreement No. 07-084 with Jim Alfter Construction Extending Term for
One t11 Year for Canal Liner Repair in the amount of $100 000• revised total not to exceed $350 000
On March 14, 2007, Council awarded the Annual Contract for canal liner repair to Jim Alfter Construction
for a one (1) year period in the amount of $150,000 and renewable annually thereafter for four (4)
consecutive one-year periods. On March 12, 2008, Council executed Amendment No. 1 adding an
additional $100,000 and extending the term one year. This amendment will add $100,000 for a revised
not to exceed amount of $350,000 and will extend the term for one year. Extending this Agreement
allows the City to continue working with a good provider.
Item 8q. Amendment No. 2 to Agreement No 05-008 with Kennedy/Jenks Consultants to Update the
Citv's Domestic Water Svstem Hvdraulic Model in the amount of $112 900• revised total not to exceed
337 9 0. On January 12, 2005, the City entered into an agreement with Kennedy/Jenks Consultants in
the amount of $100,000 to complete Phase I of a Domestic Water System Hydraulic Model for the City's
Domestic Water System. On September 7, 2005, the City amended the agreement in the amount of
$125,000 to complete Phase II of the Hydraulic Model. This amendment will modify the agreement to
allow Kennedy/Jenks to update the City's Domestic Water System Hydraulic Model from 2005 to date
and provide a preliminary design for a finished water pump station for the transmission pipeline related to
the South Bakersfield Water Treatment Plan.
Item 8r. Wastewater Treatment Plant No 3 - 2007 Expansion Proiect This item includes contract
change order No. 5 to Agreement No. 07-302 with Kiewit Pacific Corp in the amount of $400,815 with a
revised total not to exceed $212,719,330. The reasons for this change order are either unknown site
conditions or required design revisions due to various reasons. Since the contractor's original bid did not
provide for these items, a change order is required. This item also includes the transfer of $400,815 from
the contingency established for the expansion project to the Public Works Department Capital
Improvement Budget.
Bids
Item 8u. Mill Creek Linear Park & Canal Refurbishment Proiect Phases 2 4 5A & 56 Park Amenities
Project. This item includes acceptance of the base bid, additive alternates Nos. 1 and 2 and awarding a
contract to Elite Landscaping, Inc. in the amount of $3,998,834 for the construction of the project. A total
of six (6) bids were received for the above referenced phases of work, with Elite Landscaping, Inc being
the lowest. This item also includes the transfer of $1,000,000 from the Southeast Redevelopment
Project Area Operating Budget to the Capital Improvement Budget within the Southeast Project Area
Fund. This transfer of funds combined with the remaining park improvement funds from the 2007
California Infrastructure Bank Loan will provide the funds necessary to award this contract.
Item 8v. Accept Bid and Award Contract to LOOD Electric. Inc. for Construction of Street Improvement
Plans for Calloway Drive at Norris Road in the amount of $149.393.51. These improvements will allow a
second north bound through traffic lane as well as provide a signal at the intersection of Calloway Drive
and Norris Road. A total of four (4) bids were received, with Loop Electric, Inc. being the lowest.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing litigation and a conference
with the labor negotiator.
REPORTS
Item 13a. Report on the Status of Budget Reductions. Staff from the City Manager's Office will provide
a report on the status of reductions to the FY 2008-09 and 2009-10 budgets.
Approved: !'
Alan Tandy, City Manager
cc: Department Heads
City Managers File
City Clerk's File
News Media File
Agenda Highlights -March 11, 2009 Council Meeting
Page 2
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MEETING DATE: March 11, 2009 AGENDA SECTION: Presentations
ITEM: (D, Q, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 27, 2009
Presentation by Mayor Hall of a Proclamation to Judy Normoyle, representing Legacy One,
declaring April as National Donate Life Month in the City of Bakersfield.
APPROVED
DEPARTMENT HEA N~~.l~
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: March 11, 2009 AGENDA SECTION: Presentations
ITEM: (Q . (j,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 27, 2009 CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of a Proclamation to Susan Handy, Kern High School District
Director of Adult Education, declaring March 9-13, 2009, as Adult Education Week in the
City of Bakersfield.
APPROVED
DEPARTMENT HEAD _ ~(,/-><
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: , 0. .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
February 27, 2009
Approval of minutes of the February 25, 2009 Regular Council Meeting.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8 , b ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 27, 2009 CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: Approval of department payments from February 13, 2009 to February 26, 2009
in the amount of $7,499,736.10 and Self Insurance payments from February 13, 2009
to February 26, 2009 in the amount of $197,622.62.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,697,358.72.
BACKGROUND:
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February 27, 2009, 11:47AM
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MEETING DbtE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8, C.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: February 26, 2009 CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections §1 2.010,
§1.12.060 and §1.12.070 by adding Annexation No. 580 consisting of 1.20 acres,
located on the south side of Highway 58, east of South Real Road and Annexation No.
585 consisting of 3.32 acres, located on the south side of Wilson Road, between South
Chester Avenue and South P Street to Ward 1, Annexation No. 575 consisting of 21.20
acres, located at the southeast corner of Taft Highway and Gosford Road to Ward 6 and
Annexation No. 592 consisting of 0.37 acres located at 5701 Akers Road, east of Harris
Road to Ward 7. (Wards 1, 6 and 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 25, 2009.
This ordinance amends the ward boundaries to include Annexations 580, 585, 575 and 592 into the
corresponding Council ward. This annexation was recently approved by LAFCO.
Annexation No. 580 is located on the south side of Highway 58, east of South Real Road. The
annexation terfriitory consists of 1.20 acres. The property owner proposes development of a ministorage
facility. The property owner requested annexation for development purposes and to receive city
services. Thls area will be included into Ward 1.
Annexation No. 585 is located on the south side of Wilson Road, between South Chester Avenue
and South P street. The annexation territory consists of nine separate parcels on 3.32 acres of land.
The property owners requested annexation to receive city services. This area will be included into
Ward 1.
Annexation No. 575 is located at the southeast comer of Taft Highway and Gosford Road. The
annexation territory consists of 21.20 acres of vacant land. The property owner proposes
development rtf 321 single-family homes. The property owner requested annexation for development
purposes and to receive city services. This area will be included into Ward 6.
Annexation No. 592 is located at 5701 Akers Road, east of Harris Road. The property consists of a
single family residence. The property owner requested annexation to receive city services. This area
will be included into Ward 7.
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S:1Annexatlon\Orcilhances\2009Wdmin adopt 3-11-09 580, 585, 575 & 592.DOC
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, d ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: February 23, 2009 CITY ATTORNEY
CITY MANAGER '
SUBJECT: Adoption of ordinance amending Title 17 of the Municipal Code (Zone Map Nos. 104-
01, 104-10, 104-11, 10412, & 105-6) to change the zoning on approximately 1,863
acres, generally located to the east of Alfred Harrell Highway, and extends to the
City's eastern boundary encompassing both sides of State Route 178 (SR-178). (ZC
06-1722) Applicant: McIntosh & Associates (Ward 3).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 11, 2009.
The proposed Rio Bravo Ranch project would allow for approximately 4,688 residential units, with
approximately 20.39 acres of commercial and 44.39 acres of mixed use. The commercial use will
include approximately 505,361 square feet of retail space spilt between two areas. Approximately
738.53 acres of land will be reserved for the development of landscaped trails, parks, and open
space areas.
The proposed zone changes include single family residential zoning with Planned Unit Development
overlay, commercial with Planned Commercial Development overlay and open space zoning. Some
of the proposed residential, commercial and open space areas include the Hillside Development
Combining Zone overlay and Slope Protection Areas that will be left in their natural state with no
structures or fences allowed on the slope face.
The CEQA requirements have been followed by staff and the Planning Commission for the project.
Staff conducted an initial study and it was determined that the project could have a significant
environment effect. Therefore, in accordance with CEQA, an Environmental Impact Report (EIR) was
prepared. Despite compliance with local ordinances, state laws, mitigation measures incorporated
into the project as conditions of approval, and construction in accordance with the uniform building
codes, agriculture, aesthetics, light and glare and noise impacts would remain significant.
The Final EIR and accompanying mitigation monitoring and reporting program and the adoption of
CEQA findings and a statement of overriding considerations as required pursuant to State CEQA
Guidelines Sections 15091 and 15093 was certified by City Council on February 11, 2009. The
applicant agreed to all conditions and mitigation for the project.
CG-S:\GPA 4th 2008\06-1722 (Rfo Bravo Ranch EIR)1Staff ReportsVldmin Report 2nd Reading.doc
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
' ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: February 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an Ordinance approving a Negative Declaration, denying the appe ,and
amending Section 17.06.020 (Zoning Map No. 103-30) of Title Seventeen of the
Bakersfield Municipal Code by changing the zoning from OS (Open Space) to C-C
(Commercial Center) on 2.5 acre, located east of the Kern Island Canal between 19"'
Street and 21st Street in Downtown Bakersfield. (ZC 08-1238 -City of Bakersfield).
(Ward 2).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on February 11, 2009.
The proposal would allow for the development of a two-story 30,000 sq.ft. GSA (General Services
Administration) Federal Courthouse building on the 2.5 acre project site.
On February 11, 2009, the City Council approved the negative declaration and the general plan
amendment to change the land use designation from OS-P (Parks and Recreation Facilities) to MUC
(Mixed Use Commercial) on 2.5 acres and gave first reading for the zone change to change the zone
from OS (Open Space) to C-C (Commercial Center) on the same 2.5 acres. Edwin Wilson and Ken
Mettler spoke in opposition to staff recommendation and both submitted written material. Staff
responded to written and verbal comments received by Mr. Wilson and Mr. Mettler. It was indicated
by the City Manager that the GSA requirements have been met so that the site would be considered.
Other possible locations for the courthouse were analyzed in the public forum. Based on the
conceptual courthouse use, it seems logical and compatible with the Mill Creek Project. The Central
Park has been underutilized historically and included passive uses; with the proposed Mill Creek
Project improvements to the park and surrounding areas including housing and commercial along the
1 '/x mile walkway more people will use the area and it will become a more safe environment.
The Planning Commission conducted a public hearing on this zone change on December 18, 2008,
and recommended approval to the City Council. The project site is located in the central portion of
the Metropolitan Bakersfield area, east of the Kem Island Canal between 19"' Street and 21st street in
Downtown Bakersfield. The area to the west of the site is currently undergoing improvements as an
important phase of the Mill Creek Linear Park Project. The land uses adjacent to the project site
ADMINISTRATIVE REPORT
Page 2
include an auto storage facility/office building located to the east, industrial buildings located to the
north, the Bakersfield Museum of Art located to the west, and undeveloped land located to the south.
An expansion for the purposes of public parking and staging area is currently in process to the east of
the Central Park area. The expansion will take place on .83 acres located at 408 8~ 424 20"' Street
between Central Park on the west and `V' Street on the east. The expansion is necessary for the
long-term success of Central Park, with regards to neighborhood security and by providing sufficient
parking for both the courthouse and park visitors. The Planning Commissions approval was based
on a land use decision. A letter from Mr. Edwin Wilson appealing the Planning Commission's
decision was received in the City Clerk's office on December 30, 2008.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on
November 7, 2008, in accordance with CEQA.
S:WS GPA 4th 2008\08-1238 (GSA Courthouse)\Staff ReportsWdmin Report 2nd.doc
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MEETING DATE: 03/11/09 AGENDA SECTION: CONSENT CALENDAR
ITEM: g • ~.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Sewer construction and connection Fee(s) Assessment (Ward 1).
APPROVED
_~~.:
Resolution confirming assessments for the construction and connection fee(s) and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Wynandus E. Blaauw, 4408 Joseph Drive , to pay construction and
connection fee(s) in installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: The property owner(s) at 4408 Joseph Drive, desire to connect to the
city sewer system. The property owner(s) claim that to pay the construction and connection fee(s)
would produce an economic hardship. To assist in paying the construction and connection fee(s) the
City has contracted with the property owner(s) to spread the construction and connection fee(s) over
a five (5) year period to be collected with their property taxes in accordance with Municipal Code
Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007 authorizes
the Kern County Tax collector to collect the construction and connection cost in five equal payments
over the next five years.
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Pamela A. McCarthy, City Cle~
DATE: February 27, 2009
SUBJECT: Resolution calling and giving notice of
territory designated as "Kimberly No.
Bakersfield subject to confirmation by
Tuesday, June 16, 2009.
APPROVED
DEPARTMENT HEAD~~WS/~
CITY ATTORNEY
CITY MANAGER ~?
holding a Special Municipal EI ~ tion ordering
1 Annexation" to be annexed to the City of
the registered voters which shall be held on
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
This Resolution is required in order to call a Special Municipal Election to be held on Tuesday, June 16,
2009, for the purpose of submitting to the registered voters the question of whether the territory
designated as Annexation No. 593, also known as Kimberly No. 1, shall be annexed to the City of
Bakersfield.
This election will be conducted solely by mailed ballot pursuant to Chapter 1, commencing with Section
4000 of Division 4 of the Elections Code. All State election regulations will apply, including Fair Political
Practices Commission (FPPC) Campaign Disclosure regulations. Any group financially supporting or
opposing this election, will need to form a Ballot Measure Committee.
The procedure for submitting written arguments and rebuttals are addressed in the Resolution as set
forth in the California Elections Code §9280 through §9287. This Resolution authorizes
Councilmember David Couch to file a written argument in support, on behalf of the Council.
Additionally, this resolution requests LAFCo Executive Officer prepare an impartial analysis on the
measure.
Adoption of this Resolution is the first step of the election process and is required by the California
Elections Code.
Included, for your information, is the City Clerk's Elections Calendar for the Special Municipal Election
which outlines the critical dates regarding this election.
February 27, 2009, 2:02PM
S:\ElectionWDMIN RPTS\2009\Kimberly Annexation -Calling Election.doc
PM:rk
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ , (r~ .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /~/s
DATE: February 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Purchase of Motorola Radio Equipment. ,
1. Resolution determining that Motorola radio equipment cannot be obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $440,000.00.
2. Approve the purchase of replacement portable radios and related equipment from
Motorola Communications, Inc. in the amount of $440,000.00.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase.
BACKGROUND: Police portable radios are being standardized for the safety of uniformed officers by
means of similarly operating controls, which are critical during emergency situations. The City's radio
systems are exclusively Motorola, which utilizes certain proprietary tones and codes for access through
various parts of the radio systems. This purchase represents a component of the City's compliance with
narrow band operation throughout the City's systems by Dec. 31, 2012, as mandated by the FCC.
Motorola is offering the City a 20°~ discount for purchase of new narrow band digital mobile, portable and
fixed radio equipment until March 31, 2009:
Funds for the purchase of the radio equipment units are in the FY 2008-2009 Adopted Budget.
S:1PurchlAdminNAotorola Radios, Sole Source, March 11, 2009
Created on 2/25/2009 2:54:00 PM
BAK [[~~
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~j. i .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 27, 2009 CITY ATTORNEY
CITY MANAGER
Mohawk Street Separation of Grade at the Burlington Northern and Santa Fe Railroad:
Resolution of the Council of the City of Bakersfield authorizing filing of application, verifying
that sufficient funds are available and that all other matters requisite to awarding the
contract for the Grade Separation on Mohawk S reet at the Burlington Northern and Santa
Fe Railway Tracks will be undertaken. CWGUrc~a~
PPROVED
DEPARTMENT H ~a- ~ P~
RECOMMENDATION: Staff recommends approval of Resolution and Agreement.
BACKGROUND: Included as part of Phase I for Westside Parkway is the construction of Mohawk Street
from Truxtun Avenue to Rosedale Highway. This segment of Mohawk Street includes the crossing of the
Burlington Northern and Santa Fe Railroad.
This project was awarded to Security Paving Company on November 19, 2008 and is currently fully
funded with State Transportation Improvement Program (STIP) funds. However, Mohawk Street is also on
the State Section 190 Public Utilities Commission (PUC) project list for grade separations. The City may
be able to access approximately $5 million of Section 190 funding depending on how many agencies
submit applications. If successful, this Section 190 funding could displace an equal amount of STIP
funding which could then be used on Phase II of Westside Parkway.
City recommends approval of this Resolution.
February 27, 2009, 10:50AM
G:\GROUPDAIIADMINRPT12009\03-11\Mohawk Grade Sep.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: , ' ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 4, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Nolte Associates, Inc. ($4,193,571.48), for Construct on Management
Services for Westside Parkway Phase I -Mohawk Extension. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: This agreement is for Construction Management Services for the first phase of the
Westside Parkway project which involves the construction/widening of Mohawk Street from Rosedale
Highway to Truxtun Avenue. The project includes bridges over the Kern River, the BNSF railroad, and the
future Westside Parkway.
In August 2008, the City was allocated State Transportation Improvement Program (STIP) funding by the
California Transportation Commission (CTC) for construction of Phases 1 and 2 of the Westside Parkway.
At the time of the STIP allocation, the CTC identified the funds for the Westside Parkway as coming from
Proposition 1 B. Proposition 1 B was approved by California voters in November, 2006 to provide funds for
transportation purposes. Security Paving Company, Inc. was subsequently awarded the construction
contract for the Westside Parkway Phase I (Mohawk Street Extension) Project on November 19, 2008.
This CMS agreement with Nolte Associates, Inc. was originally on the agenda for approval at the
December 17, 2008 City Council meeting. However, that afternoon staff received a letter from Caltrans
Director Will Kempton. This letter stated that because of cash-flow problems at the State, timely
reimbursement by the State for projects funded by Proposition 1 B could not be guaranteed, and he
recommended that agencies not proceed with further agreements/contracts utilizing Proposition 1 B funds
until there was improvement in the status of State finances. Accordingly, this item was removed from the
City Council agenda for that evening. Since that time, this project has been essentially on hold.
Late last month, the State passed a new budget that enhanced the State financial position. Following this
budget approval, staff received correspondence from Caltrans indicating that, funding should now be
available for the State to provide reimbursement for select Proposition 1 B projects, and that the City could
proceed with the construction of the Phase 1 project.
Staff issued a Request for Proposals (RFP) last year for Construction Management Services for the
Westside Parkway Project. The following seven firms responded to this RFP:
Nolte Associates (Madera, California)
Lim and Nascimento Engineering (Lake Forest, California
Revised (TRIP-rs)
March 4, 2009, 9:32AM
G:\GROUPDATWDMINRPT\2009\03-11\Nolte CM Agreement - Admin Rev 1.doc
Project No.: T9WP10
ADMINISTRATIVE REPORT
Page 2
Parsons Brinckerhoff (Sacramento, California)
Don Todd and Associates (Oakland, California)
HNTB Corporation (Santa Ana, California)
Jacobs Engineering Group (Bakersfield, California)
Spirit Construction (Acton, California)
Based on a review of their proposals, the selection committee invited the first three firms listed above to
interview with the committee. Interviews were held on September 10, 2008. Based on the rankings of the
proposals and the interviews, Nolte Associates, Inc. was selected as the most qualified to provide
construction management services for the first phase of the Westside Parkway Project. In accordance
with federal procurement procedures for these types of services, after Nolte Associates, Inc. was selected,
their cost for providing these services was then negotiated by the TRIP staff.
Staff recommends approval of the agreement.
Due to the voluminous nature of the exhibits to this agreement, they are on gle in the City Clerk's
Office for review.
Revised (TRIP-rs)
March 4, 2009, 9:32AM
G:\GROUPDATWDMINRPT\2009\03-11\Nolte CM Agreement -Admin Rev 1.doc Project No.: T9WP10
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent
' ITEM: 8, K . '
TO: Honorable Mayor and City Council r APPROVED
FROM: Javier Lozano, Human Resources Mana r
ge ~E~ARTMENT HEAD
DATE: February 25, 2009 CITY ATTORNEY ~G'"
CITY MANAGER
SUBJECT: Agreement with William Avery 8~ Associates, Inc., (not to exceed $4 ,800, including
expenses) for negotiation and consultant services in employer-employee relations for one
year.
RECOMMENDATION:
Staff Recommends approval of the agreement.
BACKGROUND:
On March 26, 2008, the City Council approved Mr. Avery's consulting agreement for a one year extension
period ending April 1, 2009. Mr. Avery has had a long history with the City (almost 25 years) providing
consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery has been very
successful in building positive working relationships between employee labor groups, staff and Council.
He also has a unique understanding of the City's labor relations history and knowledge of past labor
practices which are critical as we are currently conducting Union negotiations.
In light of the City's current budgetary issues, Mr. Avery has agreed to a 10% reduction in his monthly fee
from $3,500 per month to $3,150. The travel and lodging fees will increase from $10,000 to $12,000
maximum reimbursement per year. This would be an agreement not to exceed $49,800 for one year.
This amendment guarantees Mr. Avery's services and rate from April 1, 2009 to April 1, 2010.
(mb)
S:Wdmin Reports - 2009Wvery 2009-2010 Admin Report.doc
AKE
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ADMINISTRATIV
E REPORT
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LIFO
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: . ( ,
TO: Honorable Mayor and City Council
FROM:. Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 12, 2009 CITY ATTORNEY
CITY
SUBJECT: Amendment No. 1 to Agreement No. PW 08-056 with Abacus IMT ($39,900.0 for a
revised total contract amount of $79,900.00) for repair and maintenance of cogeneration
engine systems at Wastewater Treatment Plants No. 2 and 3 (Wards 1 & 6).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Abacus IMT is a contractor specializing in maintenance of cogeneration engine
systems. The scope of work included in Amendment 1 is on-site repair and maintenance of the
cogeneration engine systems for Wastewater Treatment Plants No. 2 and No. 3. Although Wastewater
Division staff performs all routine maintenance on the engines, all major repairs and overhauls are
delegated to outside sources. The City does not have expertise on staff to perform major repairs
including overhauls to the cogeneration engines. Continuous operation of these cogeneration engines
significantly reduces the annual cost of electricity to operate the treatment plants.
Sufficient funds are budgeted to fund this Amendment.
Abacus agreement PW08-056
PW VVUN: Is
G:IGROUPDATWDMINRPT\2009103-111Abacus Amendment 1 Admin Report.doc
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ADMINISTRATIVE REPORT
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LIFD
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8. m .
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, public Works Director
February 24, 2009
CITY ATTORNEY
CITY MANAG
APPROVED
Amendment No. 1 to Agreement No. 08-175 with M.H. Wolfe and Associates Environmental
Consultants, Inc. ($45,528.25; for a revised not to exceed amount of $123,171.25) to
expand the scope of work for providing environmental monitoring for the Allen Road Bridge
over the Kern River Project (Ward 4).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On October 8, 2008, the City entered into Agreement No. 08-175 with M.H. Wolfe and
Associates Environmental Consulting, Inc. to provide environmental monitoring for the Allen Road Bridge
over the Kern River Project. This amendment expands the scope of work to
• Include 74 days of additional inspections of the job site and 14 weekly status meetings;
• Conduct surveys for nesting activity of raptors within a 0.5 mile radius of the construction site;
• Prepare the Draft Revegetation Plan; and
• Monitor the site for adherence to the Draft Revegetation Plan for five years.
Sufficient funds are budgeted to award this Amendment.
reb
T4K142
DEPARTMENT HEAD
February 26, 2009, 12:41 PM
G:\GROUPDATWDMINRPT\2009\03-11 Wmendment No. 1 to Agreement No. 08-175.doc
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ADMINISTRATIVE REPORT
0
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar.
ITEM: 8, p ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD °~
DATE: February 18, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 05-132 with H 8 H Engineering Construction Inc. for
repair and maintenance of Bakersfield Amtrak Railroad to extend term of agreement (No
increase in compensation) (Ward 2).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On March 30, 2005 H & H Engineering Construction, Inc. entered into Agreement No.
05-132 to repair and maintain the Bakersfield Amtrak Railroad until twelve midnight on March 31, 2009.
This amendment will extend said agreement by one month to April 30, 2009 at no additional cost to the
City. This would allow adequate time to solicit bids for the new maintenance period beginning May 1,
2009.
wgm
KAM604
February 24, 2009, 2:03PM
G:IGROUPDATWDMINRPT\2009\03-11 Wmendment No. 1 to Agreement No. 05-132.doc
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ , p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson Smith, Finance Director DEPARTMENT HEA
February 27, 2009 CITY ATTORNE
CITY MANAGE
Amendment No. 1 to Agreement No. 08-048 with San Joaquin Fence & Supply extending
term for one year for the Annual Contract for fencing. (City Wide)
APPROVED
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 12, 2008, City entered into agreement for the Annual Contract for Fencing in
the amount of $700,000. The agreement allows for four (4) consecutive one-year extensions, if all parties
agree. Amendment No. 1 will extend term one year to expire in March 2010. Extending the Agreement
allows the City to continue working with a good provider and saves staff time and efforts required if this
item were to be re-bid.
Purchasing Division
S:~PURCHWDMINWmendmentsWmendment #1 to Agreement 08-048, San Joaquin Fence, March 11, 2009.doc
February 27, 2009, 9:48AM
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: February 25, 2009 CITY ATTORNEY_
CITY MANAGER '
SUBJECT: Amendment No. 2 to Agreement No. 07-084 with Jim Alfter Construction extending the term
for one (1) year and adding $100,000 (for a total not to exceed amount of $350,000) to the
Annual Contract for canal liner repair. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 14, 2007, Council awarded the Annual Contract for canal liner repair to Jim
Alfter Construction for a one (1) year period at $150,000; renewable annually thereafter for four (4)
consecutive one-year periods. On March 12, 2008, Council executed Amendment No. 1 adding an
additional $100,000 for a revised not to exceed amount of $250,000 and extending term one year to expire
March 2009. If approved, Amendment No. 2 will add $100,000 for a revised not to exceed amount of
$350,000 and will extend term one year to expire March 2010. Extending the Agreement allows the City
to continue working with a good provider and saves staff time and efforts required if this item were to be
re-bid.
Purchasing Division
S:IPURCHWDMINWmendmentsWmendment #2 to Agreement 07-084, Jim Alfter, AC Canal Liner, March 11, 2009.doc
February 25, 2009, 12:37PM
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Ip
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: February 27, 2009
SUBJECT: Amendment No.2 to Agreement No. 05-008 with
revised not to exceed $337,900.00) to update th
Model. (Ward Numbers 2, 4, 5 & 6)
APPROVED
DEPARTMENT HEAD r/.~~ ~'
CITY ATTORNEY ~~"
CITY MANAGER
Kennedy/Jenks Consultants ($112,J00.00;
e City's Domestic Water System Hydraulic
RECOMMENDATION: Staff recommends approval of amendment to the agreement.
BACKGROUND:
On January 12, 2005, the City entered into Agreement No. 05-008 in the amount of $100,000.00 with
Kennedy/Jenks Consultants to complete Phase I of a Domestic Water System Hydraulic Model for the
City's Domestic Water System. The project was budgeted and scheduled to be completed over two fiscal
years. Phase I of the project was to compile a complete inventory of the capital facilities of our domestic
system and convert our Paper Atlas Map System to a digital database to be used in the actual design of
the model.
On September 7, 2005, the City amended Agreement No. 05-008 in the amount of $125,000.00 with
Kennedy/Jenks Consultants to complete Phase II of the City of Bakersfield Domestic Water System
Hydraulic Model. This phase of the project required the contractor to analyze current and future storage
and capacity needs of the system and to complete the design of the Hydraulic Modeling System for the
City's Domestic Water System.
Amendment No. 2 will modify the agreement to allow Kennedy/Jenks to update the City's Domestic Water
System Hydraulic Model from 2005 to date, provide a preliminary design for a finished water pump station
for the transmission pipeline related to the South Bakersfield Water Treatment Plant.
February 27, 2009
S:12009ADMIN REPORTSI
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: , r,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 26, 2009
DEPARTMENT HE,
CITY ATTORN
CITY MANAG
Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6):
Contract Change Order No. 5 to Agreement No. 07-302 with Kiewit Pacific
Corporation ($400,815; for a revised not to exceed amount of $212,719,330.00).
2. Transfer $400,815 contingency established for the Wastewater Treatment Plant No. 3
Expansion Project to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order and transfer.
BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment
Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve
odor control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3
to comply with stricter regulations and serve the citizens of Bakersfield for many years to come.
The detailed descriptions of each change order item are summarized in the attached Change Order.
Change Order No. 5 provides for the negotiated resolution for these items. In general, the reasons for
the change order are either unknown site conditions or required design revisions due to various reasons.
Since the contractor's original bid did not provide for these items as shown in the attachment, a change
order is required.
This is the fifth change order to be submitted for this project. This change order will increase the contract
by $400,815. Cumulative change orders to date total $1,698,330 (which is an increase of 0.80% of the
original contract amount) as illustrated below:
Original Contract Amount = $211,021,000.00
Amended Contract Agreement after Change Orders = $212,719,330.00
Net Increase to date = $1,698,330.00
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action.
G:\GROUPDATWDMINRPT\2009\03-11 \CCO 5 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc
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ADMINISTRATIVE REPORT
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8.5.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 25, 2009
APPROVED
DEPARTMENT HEAD ~~~~,. ,~.
y
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 3 to Agreement No. 07-422 with Griffith ompany
($73,144.14 for a revised not to exceed amount of $6,096,458.73) for the project
known as Northeast Sewer Project Phase 3. (Ward 1)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: This project provides for installation of 36 inch and 42 inch trunk sewer pipeline on
Redbank Road from Fairfax Road to Vineland Road and on Vineland Road from Redbank Road to Edison
Highway.
During pipelaying operations, a 6 inch gas line on Vineland Road and a fiber optic line on Vineland Road
were discovered. These previously undetected utility facilities are within the trench area of the new sewer
pipeline and must be protected in place. The contractor has agreed to accept a lump sum price of
$10,543.98 for protecting these facilities during pipelaying operations.
After this project was designed and prior to construction, East Niles Water District installed a new water
line on the south side of Redbank Road from Vineyard Road to Vineland Road. This new water line
conflicts with the planned alignment of the new trunk sewer main to be installed in this area. As such, the
sewer main alignment must be moved to the north side of Redbank Road. This will result in additional
grading and trench paving on Redbank Road and the need to protect an existing oil line that will be in the
new trench prism. The contractor has agreed to accept a lump sum payment of $71,800.16 for this
additional work.
In order to construct the plans per the project plans and specifications, several contract item quantities had
to be either increased or decreased. The net cost of these increases and decreases in contract item
quantities will result in a net decrease of $9,200.00.
This is the third change order to be submitted for this project. This change order will increase the project
total by $73,144.14. The change orders to date on this project reflect a net increase of $77,724.73 (which
results in a 1.3% increase of the original contract amount) as illustrated below:
Original Contract Amount = $6,018,734.00
Amended Contract Agreement after Change Orders = $6,096,458.73
Net Increase to date = $ 77,724.73
RM (Construction)
February 25, 2009, 4:52PM
G:\GROUPDATIADMINRP112009\03-11\CCO 3 Northeast Sewer Phase 3.doc
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8, -~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 25, 2009
A PROVED
DEPARTMENT HEAD ;~~ ~~-
CITY ATTORN
CITY MANAG
Contract Change Order No. 2 to Agreement No. 08-068 wi
Construction Company ($65,265.93 for a revised not to exceed
$1,725,523.53) for the project known as 22"d Street Storm Drain Project.
RECOMMENDATION: Staff recommends approval of the amendment.
amount of
(Ward 2)
BACKGROUND: This project provides for installation of storm drain facilities on 22"d Street and Elm
Street and for construction of a storm water lift station.
A devise to filter out silts needs to be installed in the furthest down stream manhole in order to comply with
National Pollutant Discharge Elimination Standards (NDPES) requirements. In order for this devise to
function properly, it must be upsized from the specified 30 inch devise to a 36 inch devise. The contractor
has agreed to furnish and install the larger devise for the lump sum price of $936.75.
In order to insure that the newly installed storm drain system will function with the existing storm drain
system, the elevation of several existing storm drain pipes must be exposed in order to have their
elevations verified. The contractor has agreed to do this work for the lump sum price of $1,827.11.
During construction several previously undiscovered fiber optic utilities and oil line utilities were discovered
within the trench area of the new storm drain. The soil on this project is very sandy and as such additional
shoring will be needed to protect these utilities in place. The contractor has agreed to accept a lump sum
payment of $22,695.03 to protect these additional utilities during the construction of the new storm drain.
During the course of construction, it was discovered that two existing sewer pipelines were laid through an
existing storm drain pipe at the intersection of 22"d Street and Myrtle Street. As such, these facilities must
be removed and reinstalled in a different configuration in order to remedy this situation. This is necessary
in that should a breach occur in the conflicting sewer line, raw sewage could run into the new storm drain
system and end up in the canal at the storm drain discharge point. The contractor has agreed to do this
work for the lump sum of $20,494.28.
A water line must be installed into the lift station area for future maintenance and cleaning purposes. The
contractor has agreed to install this water service including all appurtenances for the lump sum price of
$2,763.67.
RM (Construction)
February 25, 2009, 3:35PM
G:IGROUPDAl1ADMINRPT\2009\03-11\CCO 2 22nd Street Storm Drain.doc
ADMINISTRATIVE REPORT
In order to comply with PG&E service requirements to provide power to the new lift station, additional
electrical conduit must be installed. This work includes an additional splice vault and 380 lineal feet of
new electrical conduit. The contractor has agreed to do all of the additional work required by PG&E for the
lump sum price of $12,335.60.
In order to construct the plans per the project plans and specifications, several contract item quantities had
to be either increased or decreased. The net cost of these increases and decreases in contract item
quantities will result in a net increase of $4,213.49.
This is the second change order to be submitted for this project. The first change order was a "no cosy'
change. As such, this change order will increase the project total by $65,265.93 (which results in a 3.9%
increase of the original contract amount) as illustrated below:
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
_ $1,660,257.60
_ $1,725,523.53
_ $ 65,265.93
RM (Construction)
February 25, 2009, 3:35PM
G:\GROUPDATVIDMINRPl12009\03-11\CCO 2 22nd Street Storm Drain.doc
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ADMINISTRATIVE REPORT
c~*
LIFO
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: $. ~,1, .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 25, 2009
SUBJECT: Construction of Mill Creek Linear Park & Canal
5B Park Amenities Project (Ward 2):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER i
Refurbishment Project hases , 4, 5A 8~
Accept base bid, additive alternate No. 1 and additive alternate No. 2 and award
contract to Elite Landscaping, Inc. ($3,998,834.00) for the construction of project.
2. Transfer $1,000,000 from the Southeast Redevelopment Project Area Operating
Budget to the Capital Improvement Budget within the Southeast Project Area Fund.
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The Bakersfield Redevelopment Agency received a $10 million California Infrastructure
Bank Loan in 2007 for Millcreek Linear Park and Canal Refurbishment Improvements. The IBANK loan
has specific requirements on the use of the loan proceeds with a cap of $2 million allowed towards park
improvements and $8 million allowed for canal improvements. Based on the results of the bids received to
complete the Mill Creek Project, additional funds will be required for the planned park improvements. Staff
has identified surplus funds in the Operating Budget previously earmarked for possible property
acquisition opportunities in the Mill Creek Area. Transfer of a portion of these funds still leaves adequate
funds available to address acquisition opportunities as they arise. The contract award today will complete
sections of Mill Creek Linear Park Phases 2, 4, 5A 8~ 5B Park and surface canal improvements.
With approval of the recommended transfer, there are sufficient funds available to award this contract.
On February 24, 2009, a total of six (6) bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Elite Landscaping, Inc.
2972 Larkin Ave.
Clovis, CA 93612 in the amount of Base Bid $ 3,081,900.00
Additive Alt. No. 1 $ 491,929.00
Additive Alt. No. 2 $ 425,005.00
Total Bid $ 3,998,834.00
February 26, 2009, 12:58PM
G:\GROUPDATIADMINRPT\2009\03-11\Mill Creek Linear Park Phases 2 4 5A 5B Park Amenities.doc
ADMINISTRATIVE REPORT
Kern Pacific Construction
4001 Patton Way #1
Bakersfield, CA 93308 (City) in the amount of Base Bid $ 3,095,500.00
Additive Alt. No. 1 $ 570,000.00
Additive Alt. No. 2 $ 370,000.00
Total Bid $ 4,035,500.00
JTS Construction
7001 McDivitt Dr. Ste B
Bakersfield, CA 93313 (City) in the amount of Base Bid $ 3,175,000.00
Additive Alt. No. 1 $ 503,000.00
Additive Alt. No. 2 $ 414,000.00
Total Bid $ 4,092,000.00
4-CON Engineering
2751 Avalon Street
Riverside, CA 92509 in the amount of Base Bid $ 3,513,000.00
Additive Alt. No. 1 $ 516,000.00
Additive Alt. No. 2 $ 420,000.00
Total Bid $ 4,449,000.00
Whitaker Contractors Inc.
2752 Concrete Court
Paso Robles, CA 93446 in the amount of Base Bid $ 3,792,676.00
Additive Alt. No. 1 $ 599,533.00
Additive Alt. No. 2 $ 410,317.00
Total Bid $ 4,802,526.00
Granite Construction
585 W. Beach Street
Watsonville, CA 95076 in the amount of Base Bid $ 3,857,500.00
Additive Alt. No. 1 $ 541,470.00
Additive Alt. No. 2 $ 406,260.00
Total Bid $ 4,805,230.00
(tma)
(P6K117)
February 26, 2009, 12:58PM
G:\GROUPDATWDMINRPT\2009\03-11 Wlill Creek Linear Park Phases 2_4 5A_5B Park Amenities.doc
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° ADMINISTRATIVE REPORT
c
1
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8. v
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 3, 2009 CITY ATTORNEY
CITY MANAGER
Accept bid and award contract to Loop Electric, Inc. ($149,393.51) for the construction of
the Street Improvement Plans Calloway Drive at Norris Road (Ward 4).
APPROVED
.al
DEPARTMENT HEAD ~~ ~'~
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The City had a Design Consultant design street improvement plans for Calloway Drive
at Norris Road. The improvements will allow a second north bound through trafi:lc lane as well as provide
a signal at the intersection of Calloway Drive and Norris Road.
There are sufi'icient funds available to award this contract.
On February 10, 2009, a total of four (4) bids were received; three (3) of those bids are acceptable. Those
acceptable bids are as follows:
Loop Electric, Inc.
7040 Downing Ave
Bakersfield, CA 93308 (City) in the amount of $149,393.51
Woeste Electric, Inc.
943 S. 4"' Street
Grover Beach, CA 93433 in the amount of $153,020.11
A-C Electric Company
315 30`~ Street
Bakersfield, CA 93301 (City) in the amount of $155,933.00
(tma)
(T6K140)
March 3, 2009, 11:36AM
G:IGROUPDATWDMINRPT\2009\03-11\Calloway and Norris Street Improvements.doc
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~j, vv,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 25, 2009
SUBJECT: Acceptance of Financial Audit Reports
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY
RECOMMENDATION: Budget and Finance Committee recommends acceptance of the audit reports.
BACKGROUND:
The following financial audit reports were submitted to the City Council on December 17, 2008.
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008.
2. Independent Auditors Report -Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2008.
3. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2008.
4. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 200$.
The Council referred the reports to the Budget and Finance Committee for review.
On January 23, 2009 the Budget and Finance Committee reviewed the audit reports listed above. In
addition the Committee reviewed the Single Audit Report (Schedule of Federal Expenditures) which
was not completed in time for the December 17, 2008 Council Meeting. The Committee recommended
acceptance of alt reports.
S:1AdminWdmin Reports12008 CAFR to Council.doc February 26, 2009, 12:43PM
BA E
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° ADMINISTRATIVE REPORT
~~v
LIFO
MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~j, X,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD__ /~ ~
DATE: February 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Installation of Flashing Yellow Beacon and Handicap Ramp at Two Existing School
Crossings (Along Planz Road for Pauly Elementary School and Along Planz Road for South
High School; Wards 1 and 7):
1. Appropriate $65,520 California Safe Route to School grant to the Public Works
Department's Capital Improvement Budget within the Gas Tax Fund for improvements
to both school crossing projects.
2. Transfer $7,280 from a budgeted Public Works Department's Capital Improvement
Project (Traffic Signal Interconnect) within the Gas Tax Fund to fund the local match
requirement of 10% for both school crossing projects.
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND: Traffic Division staff submitted grant applications under the California Safe Route to
School Program for improvements to two existing school crossings. The improvements will install a
flashing yellow beacon and handicap ramps along Planz Road for Pauly Elementary School and along
Planz Road for South High School.
The cost for each project is estimated at $36,400. The California State Route to School Program funds
90% of the costs. The local portion of 10% is proposed to be funded with highway users' tax revenue as
reported within the Gas Tax Fund.
Therefore, the total cost for both projects is $72,800. Cif that amount, $65,520 will be funded by the grant
and $7,280 with local funds.
Staff recommends transferring $7,280 of savings realized on a completed capital improvement project to
fund the local match requirement for both projects.
JU
T9K123
February 25, 2009, 12:36PM
G:\GROUPDATIADMINRPT12009\03-11 \AdmiRpt_T9K123_T9K124.doc
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MEETING DATE: March 11, 2009 AGENDA SECTION: Consent Calendar Hearings
ITEM: C(.c~ .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: February 27, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution to authorize the Bakersfield Redevelo ent gency
to transfer and sell 1.53 acres of Real Property located at 1303 S Street in the amount of
$1,000,001, and hold a $2,700,000 zero interest note with a balloon payment due and
payable in 55 years from Millcreek Courtyard LLC. to the Bakersfield Redevelopment
Agency, for the development of 57 affordable apartments as phase 3 of the South Mill
Creek Mixed Use Redevelopment Project. (Ward 2).
RECOMMENDATION:
Staff recommends adoption of resolution and approval of sale of real property.
BACKGROUND:
On January 31, 2007 the Agency authorized staff to solicit Requests for Statements of Qualifications and
Development Proposals for the South Mill Creek Mixed-Use Redevelopment Project. Over 70 nationally
and regional qualified developers were contacted. In November 2007, 4 proposals depicting a broad range
of development concepts from commercial, mixed-use retail, affordable rental and for-sale housing were
evaluated. In July of 2008, after an extensive developer interview and review process, Mill Creek
Courtyard LLC., was selected to move forward to the exclusive negotiation portion of the process to further
discuss the construction of 57 affordable apartment units.
This project is the third of four phases within the South Mill Creek Mixed-Use Redevelopment Project. The
pro~ect will be constructed on 1.53 acres located at 1303 "S" Street in an area bounded by °S° Street and
14~ Street. The scope of the project consists of 34 one bedroom units containing 710 square feet, 11 two
bedroom units containing, 1,055 square feet, and 12 two bedroom -two bath units containing 1,107
square feet. There will be a furnished community room which will be approximately 1,000 square feet and
a fitness facility containing about 975 square feet. There will be a swimming pool and spa, barbeque and
outside eating area, fire pit, sitting areas and extensive landscaping. The courtyard is large and will offer a
lot of amenities for the residents and their guests.
The project will also be directly across from 65,400 square feet of commercial space and the 61,000
square feet, 16-screen state of the art Maya Cinema. Approximately 95 parking spaces are provided for
the development. The affordable apartment units will be marketed to residents earning 80% to 120% of
the area median income.
S:1AdminslCity CouncinCity Council Admins 2009WIilk:reek Courtyard.doc
2/27/20091:14 PM
ADMINISTRATIVE REPORT
Financing 8 Construction Timeline:
Page 2
The deal points for the project have been negotiated and incorporated into a Disposition and Development
Agreement (DDA) which will be considered by the Bakersfield Redevelopment Agency on March 31, 2009.
Per the DDA, the Agency will convey the site to the Developer for $1 and take back a note for the amount
of $1,000,000. The take-back note will be forgiven when the project is completed and the units have
achieved rent up and stabilization.
The Agency will contribute a $2,700,000 construction loan consisting of $2,500,000 from bond proceeds
and $200,000 from the Southeast Redevelopment Project Area Low Mod funds. The $2,700,000 loan will
have zero interest and includes a balloon payment due and payable to the Agency 55 years from the date
of the Agreement. This loan can be subordinated to construction financing for the project and may be
assumed by a subsequent qualified buyer. The loan will be provided to the developer during construction
to provide construction assistance and reimburse the developer for predevelopment expenses.
Construction is anticipated to begin by Fall, 2009 with anticipated completion by Fall, 2010.
1. Public Hearing
Pursuant to Section 33433 of the California Health and Safety Code, the Bakersfield City Council may,
after a duly noticed public hearing, authorize the Redevelopment Agency to sell or lease the property, for
development pursuant to the Southeast Area Redevelopment Plan upon a determination by the City
Council that the proposed consideration is not less than the fair reuse value of the Property, that the
disposition of the Property will assist in the elimination of blight, and is consistent with the implementation
plan adopted for the Southeast Redevelopment Project Area.
Under Redevelopment Law, Health and Safety Code Section 33433, whenever an agency disposes of
property acquired directly or indirectly with tax increment funds, the agency must sell the property for not
less than the fair market value at its highest and best use in accordance with the redevelopment plan, or at
a price not less than the fair reuse of the proposed use and with the affordability covenants, conditions and
development costs authorized by the sale.
A summary report and reuse analysis prepared by GRC Associates, Inc. is attached that reflects that the
Agency's sales price of $ 1,000,001 for the property is not less than the fair reuse value for the property
and with the required covenants and restrictions, and validated in the enclosed reuse analysis that is
based on the proposed use. The summary report and reuse analysis were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433. In addition, the project will
not result in any significant effects relating to traffic, noise, air or water quality and therefore qualifies as
CEQA exempt under Section 15332 under Infill Development.
Conclusion:
Millcreek Courtyard LLC, (Southwest Consulting) is a California based company with rock-solid experience
in public/private partnerships, which frequently results in award-winning projects. This impressive record
of accomplishment features successful, high-quality commercial retail and nationally recognized affordable
housing projects in communities throughout Southern California.
The affordable apartment project will be located in an area convenient to amenities, and transportation.
The attractive design will serve the family target population by providing much needed affordable
apartment units which are in great demand in. the area. In addition, the project will improve a long-
standing blighted parcel of land within the Southeast Bakersfield Redevelopment Project Area.
S:Wdmins\City Council\City Counal Admins 2009WIillcreek Courtyard.doc
2/27/20081:14 PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 11, 2009 AGENDA SECTION: Closed Session
ITEM: ~ 0.0. .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~~
DATE: March 2, 2009 CITY ATTORNEY
:-i'
CITY MANAGER
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\COUNCIL\CI SessWdminsWB-09\3-11-09LaborNeg.doc
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ADMINISTRATIVE REPORT
MEETING DATE: Marchl 1, 2009 AGENDA SECTION: Closed Session
ITEM: I 0 . b .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: March 4, 2009
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
.s
CITY MANAGER r'
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Two cases).
• Robert Pratt v. City of Bakersfield
KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-AEW,
and S-1500-CV-261666-AEW
VG:Isc
• Mohamad Harb, et al v. City of Bakersfield, et al.
KCSC Case No. S-1500-CV-265887-SPC
S:\COUNCIL\CI SessWdminsWB-09\3-11-09ExistLit.doc
MEETING DATE: March 11, 2009 AGENDA SECTION: Reports
ITEM: 13.a.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: February 27, 2009
SUBJECT: Report on the Status of the Budget
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 1~/
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Staff from the City Manager's office will give a report on the status of reductions to
the FY 2008/2009 and 2009/2010 budgets.
On November 19, 2008 and December 17, 2008, the City Manger's office gave a detailed report to the
City Council on the status of the City budget at that time. In short, that report discussed decreases in
General Fund revenues, including Sales Tax, Property Tax, and development permits and fees, among
others.
Also discussed were actions that had been taken at that point, to deal with declining revenues, including
freezing 106 positions, and cuts in travel, training, equipment replacement, and related matters.
The City Council took action to reduce expenditures by $2.7 million in retiree health appropriations and
Council Contingency.
Since that presentation took place, we have had to further reduce General Fund revenue estimates for
2009/2010 by $6.0 million. Those reductions are being made to reflect the County Assessor's indication
that property valuations would be decreased by 11 % next year and the Sales Tax projections by the State
Department of Finance. The City's Finance Department has adjusted our estimates downward to be in
closer accord with the State's projections.
Revised "Budget Damage to Date" information is enclosed, together with a memo to departments which
set in motion the process to identify the additional $6 million in necessary cuts. Those cuts will be in
conjunction with the 2009/2010 budget, which is to be presented to the City Council in April. This
information will be presented in more detail at the meeting.
By meeting time, we will also have an early draft of where we believe opportunities may be in the federal
economic stimulus package. While these funds bring little relief to our General Fund, it is nonetheless of
related financial interest.
Since the nationwide fiscal crisis hit, we have been going through a series of progressively more negative
reductions in our revenue .sources. It is unknown if there will be more after this.
March 4, 2009, 12:40PM
S:1Admin Rpts~2009~Report -Budget 031109.doc
AT/al
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 25, 2009
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 Scrivner,
Councilmembers Carson, Benham, Weir,
Hanson (seated at 5:18 p.m.), Sullivan
Absent: Councilmember Couch
2. INVOCATION by Howard Silver, member of B'nai Jacob
Temple.
3. PLEDGE OF ALLEGIANCE by Tiberius Hernandez, 1st grade
student at St. Francis School, and Tiger Cub Pack 125, of
St. Francis Parish.
Mayor Hall recognized the government class students from
California State University, Bakersfield, and Bakersfield
College in attendance to learn about City government.
4. PUBLIC STATEMENTS
a. Ms. Petey McCarthy and Mr. David Launer spoke
regarding Consent Calendar Item 8.s. with respect
to decorative lights and bollards.
b. Dr. Asarulislam Syed spoke regarding the timing of
traffic signal lights within the City, and specifically at
Oak Street and California Avenue, as well as two
other locations.
Councilmember Benham asked staff to
investigate Dr. Syed's concerns, as well as
correspondence she received regarding a
similar situation, and report back to the City
Council.
5. WORKSHOPS
ACTION TAKEN
None.
Bakersfield, California, February 25, 2009 -Page 2
PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Women's Club President-Elect Karen Dixon
declaring March 2009 as Art Month.
Karen Dixon received the Proclamation, introduced
Arts Chairman Pat Sprayberry, and made
comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 11, 2009
Regular City Council Meeting.
Payments:
ACTION TAKEN
b. Approval of department payments from January 30, ABS WEIR
2009 to February 12, 2009 in the amount of
$15,305,327.48 and self-insurance payments from
January 30, 2009 to February 12, 2009 in the
amount of $431,501.98.
Ordinances:
c. First Reading of Ordinance amending Municipal FR
Code Section 1.12.010, 1.12.060 and 1.12.070 by
adding Annexation No. 580 consisting of 1.20 acres,
located on the south side of Highway 58, east of
South Real Road to Ward 1; and Annexation No.
585 consisting of 3.32 acres, located on the south
side of Wilson Road, between South Chester
Avenue and South P Street to Ward 1; Annexation
No. 575 consisting of 21.20 acres, located at the
southeast corner of Taft Highway and Gosford Road
to Ward 6; and, Annexation No. 592 consisting of
0.37 acres located at 5701 Akers Road, east of
Harris Road to Ward 7.
d. Adoption of an Ordinance amending Municipal Code ORD 4565
Section 1.12.040 by adding Annexation No. 605
consisting of 20.83 acres, located on Hooper
Avenue, between Coffee Road and Patton Way to
Ward 4. (FR 2/11/09)
Bakersfield, California, February 25, 2009 -Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
e. Public Employees' Retirement System
Adoption of Ordinance authorizing an
amendment to the Contract of Administration
of the Public Employees' Retirement System
to provide Section 21548 Pre-Retirement
Optional Settlement 2 Death Benefit to Local
Miscellaneous Members in Group 70001 and
70002.
2. Amendment No. 6 to Agreement No. 97-39
with the Public Employees' Retirement
System to provide Section 21548 Pre-
Retirement Optional Settlement 2 Death
Benefit for Local Miscellaneous Members in
Group 70001 and 70002.
Resolutions:
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the city for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and the demolishment of
dangerous buildings and authorize collection of
the assessments by the Kern County Tax Collector.
g. Resolutions ordering Judicial Foreclosure of
Delinquent Assessments (669 parcels totaling
$289,200) for the following districts:
1. Libertyll/Village Green /Tesoro-
Encanto/Lin/Rider/Diamond Ridge
(A.D. 05-3)
2. Sydney Harbour (A.D. 07-02)
h. Resolution forming a Traffic Signal Maintenance
District to be designated as TS-19 (34th St., San
Dimas NE) confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
ORD 4566
AGR 97-039(6)
RES 018-09
REMOVED BY
STAFF
RES 019-09
Bakersfield, California, February 25, 2009 -Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Resolution vacating Resolution No. 035-08, which
certified final Environmental Impact Report,
Resolution No. 036-08, which approved General
Plan Amendment No. 05-1580, and Zone Change
Ordinance No. 4502, which approved concurrent
Zone Change No. 05-1580 on approximately 220
acres located south of Panama Lane and east of
Nord Avenue for the Ten Section Project.
Resolution of Intention No. 1631 to form a Traffic
Signal Maintenance District, designated as TS-20
(So. H, Panama SE) and preliminarily adopting,
confirming and approving the Public Works
Director's Report.
Agreements:
k. Agreement with Grant Deed Unlimited, LLC
($16,500) to purchase real property located north of
Stockdale Highway at the extension of Jenkins
Road for the Westside Parkway.
Amendment No. 1 to Agreement No. 07-104 with
Lennar Homes of California, Inc.; for traffic impact
fee credit for improvements on Snow Road.
m. Amendment No. 2 to Independent Contractor's
Agreement No. PW 08-016 with Power
Management Incorporated ($39,900; revised total
not to exceed $79,900) for repair and maintenance
of Deutz engine at Wastewater Treatment Plant
No. 2.
n. Amendment No. 2 to Agreement No. 08-045 with
Loop Electric ($40,000; revised total not to exceed
$120,000) extending the term for one (1) year to the
annual contract for vehicle loop cutting.
o. Contract Change Order No. 2 to Agreement No. 06-
184 with Bakersfield Well & Pump Company
($29,940; revised total not to exceed $842,885) for
providing PG&E underground distribution and
service to Domestic Water Well No. CBK-45 located
at 1500 Jenkins Road, north of Brimhall Road.
RES 020-09
RO/ 1631
AGR 09-024
DEED 7048
AGR 07-104(1)
AGR 09-025
AGR 08-045(2)
AGR 06-184
CCO2
Bakersfield, California, February 25, 2009 -Page 5
CONSENT CALENDAR continued ACTION TAKEN
p. Contract Change Order No. 2 to Agreement No. AGR 08-126
08-126 with Floyd Johnston Construction Company 0002
($43,000; revised total not to exceed $651,264) for
removal and replacement of 8,000 sq. ft. of
pavement within the number 3 lane of northbound
Coffee Road from the Friant Kern Canal crossing of
Coffee Road to Downing Road.
Bids:
q. Accept bid and award contract to Restroom AGR 09-026
Facilities, LTD., ($304,986) for the construction
of the Mill Creek prefabricated restroom facility.
r. Accept bid from GeoNav Satellite Systems
($61,121.78) for a GPS Survey System for the
Public Works Department, Engineering
Construction/Survey Division.
s. Accept bid from Wesco Distribution ($322,675.57) REMOVED FOR
for decorative li hts and bollards for Mill Creek SEPARATE
9 CONSIDERATION
Linear Park.
t. Reject bid for annual contract for irrigation parts and
supplies.
Miscellaneous:
Appropriate $8,500 Building Plan Check Revenue to
the Building Department Operating Budget within
the Development Services Fund for third party
review of Time Based Egress Analysis and Fire
Modeling Basis of Design Report for the Padre
Hotel.
v. Appropriate $10,000 developer contribution to the
Planning Department Operating Budget within the
Development Services Fund for providing
professional consulting services related to
environmental analysis and recirculation of
agricultural resources section for GPA/ZC
03-0337 (Canyons).
City Clerk McCarthy announced that Item 8.g. was removed
by staff.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
At the request of Councilmember Benham, item 8.s.
was removed for separate consideration.
Bakersfield, California, February 25, 2009 -Page 6
CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar items 8.a. through v., with the removal of item
8.g. and fhe removal for separate consideration of item
8.s.
s. Accept bid from Wesco Distribution ($322,675.57)
for decorative lights and bollards for Mill Creek
Linear Park.
At the request of Councilmember Benham, Public
Works Director Rojas made staff comments
regarding the decorative lights.
Motion by Councilmember Benham to adopt
Consent Calendar item 8.s.
9. CONSENT CALENDAR HEARINGS
City Clerk McCarthy announced correspondence was
received from Jonathan B. Barnes, on behalf of Jared and
June Salvo regarding Item 9.b.
a. Public Hearing to consider the proposed
expenditure plan for the second quarterly installment
from the Supplemental Law Enforcement Services
Funding (SLESF) grant.
1. Appropriate $131,025 State Grant revenues
to the Police Operating Budget within the
SLESF fund.
b. Public Hearing on Resolution of Necessity to
determine whether the public interest and necessity
require acquisition by eminent domain of a
temporary construction easement upon/across/over
property located in the city specifically APN
500-571-08 (Jared and June Salvo) for the
Westside Parkway project. (Code Civ. Proc.
§ 1240.010)
c. Public Hearing on Resolution of Necessity to
determine whether the public interest and necessity
require acquisition by eminent domain of a
temporary construction easement upon/across/over
property located in the city specifically APNs
500-020-40, 41, 46, 47 (BLC Glenwood-Gardens
AL, L.P./Brookdale Senior Living, Inc.) for the
Westside Parkway project. (Code Civ. Proc.
§ 1240.010)
APPROVED
AB COUCH
APPROVED
AB COUCH
RES 021-09
REMOVED FOR
SEPARATE
CONSIDERATION
RES 022-09
Bakersfield, California, February 25, 2009 -Page 7
9.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
d. Public Hearing to consider Resolution regarding
establishment of agricultural preserves and
procedures for initiating, filing and processing
requests to establish, disestablish, enlarge and
diminish agricultural preserves within the city.
e. Public Hearing to consider Resolution approving the
Negative Declaration and adopting the updated
General Plan Amendment No. 07-1519 (Housing
Element 2008-2013) with incorporation of comments
from the State Department of Housing and
Community Development.
Consent Calendar Hearings opened at 5:38 p.m.
Dr. Salvo requested separate consideration for Consent
Calendar Item 9.b.
Consent Calendar Hearings closed at 5:39 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar Hearing items 9.a. through 9.e., with the
removal of item 9.b. for separate consideration.
10. HEARINGS
a. Public Hearing to consider General Plan
Amendment/Zone Change 08-1079; Eric Sertic,
representing CNC Properties LLC, the property
owners, has applied for a general plan amendment
and zone change on approximately 32.91 acres
generally located at the northeast corner of
Rosedale Highway (SR-58) and Jenkins Road.
(continued from 2/11/09 meeting)
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation form UER (Urban Estate
Residential) and ER (Estate Residential) to
OC (Office Commercial), GC (General
Commercial), and SR (Suburban
Residential) on 32.91 acres.
RES 023-09
RES 024-09
APPROVED
AB COUCH
RES 025-09
Bakersfield, California, February 25, 2009 -Page 8
10.
HEARINGS continued
Item 10.a. continued
ACTION TAKEN
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 101-23 from A (Agriculture Zone)
to C-2/PCD (Regional Commercial/Planned
Commercial Development Zone), C-O/PCD
(Professional and Administrative
Office/Planned Commercial Development
Zone), and E (Estate Zone) on 32.91 acres.
City Clerk McCarthy announced correspondence
was received from staff regarding a condition to be
included if this item is approved.
Development Services Director Grady made staff
comments.
Hearing opened at 5:45 p.m.
No one spoke in opposition to the staff
recommendation.
Mr. Eric Sertic spoke in support of the staff
recommendation.
Hearing closed at 5:49 p.m.
9.
Motion byVice-Mayor Scrivner to adopt the
resolution approving the Negative Declaration
and approving the proposed general plan
amendment and give brst reading of the
ordinance with the addition of the condition
outlined in a memo dated February 25, 2009,
from Development Services Director Grady.
Councilmember Couch was seated at 5:53 p.m.
CONSENT CALENDAR HEARINGS continued
Item 9.b. continued
b. Public Hearing on Resolution of Necessity to
determine whether the public interest and necessity
require acquisition by eminent domain of a
temporary construction easement upon/across/over
property located in the city specifically APN
500-571-08 (Jared and June Salvo) for the
Westside Parkway project. (Code Civ. Proc.
§1240.010)
Consent Calendar Hearing opened at 5:56 p.m.
FR
APPROVED
ABS COUCH
RES 026-09
Bakersfield, California, February 25, 2009 -Page 9
9. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 9.b. continued
Dr. Jared Salvo spoke in opposition to the staff
recommendation.
No one spoke in support of the staff
recommendation.
Consent Calendar Hearing Closed at 6:00 p.m.
Councilmember Couch requested staff provide
the name of the negotiator to Council.
City Manager Tandy announced he will have staff
work with Dr. Salvo to address his concerns.
Motion by Councilmember Couch to adopt the APPROVED
Resolution.
Councilmember Carson stated she wanted to make
sure that Dr. Salvo's concerns are addressed and
that Council is not adopting this Resolution without
the opportunity for change.
11. REPORTS
a. Status of Thomas Road Improvement Program
(TRIP).
Public Works Director Rojas gave an overview of
the program and showed a powerpoint presentation.
12. DEFERRED BUSINESS
NONE.
13. NEW BUSINESS
NONE.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham referred correspondence to
staff regarding traffic signal timing and red light
cameras.
Councilmember Benham asked staff to look into
concerns regarding transient population in the area of
the 24th Street bridge along the bike path.
Councilmember Benham asked staff to provide a
written update on the status of the Baker Street
development.
Bakersfield, California, February 25, 2009 -Page 10
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Benham asked staff to assist a citizen
in completing a Senior Rebate application.
Councilmember Benham asked Mayor Hall to close this
meeting in memory of Stan Simrin.
Councilmember Carson announced she is glad to be back,
thanked Mayor Hall for the flowers, thanked Council, staff
and the community for the well-wishes, and congratulated
Viced-Mayor Scrivner on the birth of his baby.
Councilmember Sullivan welcomed back Councilmember
Carson.
Councilmember Sullivan suggested that consideration be
given to the consistency on the times when the Council
meetings start and to publicize that information.
Councilmember Sullivan referred the issue of
unlicensed flower vendors to the Legislative and
Litigation Committee, and provided an article she
received from Mayor Hall regarding this problem in
Santa Maria.
Mayor Hall announced he, and several members from staff
and the Keep Bakersfield Beautiful Committee will be
getting training next week from Caltrans to allow the City to
reactivate the freeway cleanup program and expand the
other cleanups.
Mayor Hall commended City Manager Tandy for his
efforts with the budget issues and suggested having a
workshop with the Police and Fire chiefs to present
how the budget reductions are impacting the
departments and to educate the public regarding the
loss of income and city services.
15. CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9. (One case)
Robert Pratt v. City KCSC Case Nos.
S-1500-CV 253264-AEW,
S-1500-CV259414-AEW, and
S-15-CV-261666-AEW
b. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
15.
16.
17.
Bakersfield, California, February 25, 2009 -Page 11
CLOSED SESSION continued ACTION TAKEN
Mayor Hall adjourned to Closed Session, in memory of
Stan Simrin, at 6:57 p.m.
Vice-Mayor Scrivner adjourned from Closed Session
and reconvened the meeting at 8:35 p.m.
CLOSED SESSION ACTION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9. (One case)
Robert Pratt v. City KCSC Case Nos.
S-1500-CV 253264-AEW,
S-1500-CV259414-AEW, and
S-15-CV-261666-AEW
b. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
ADJOURNMENT
Vice-Mayor Scrivner adjourned the meeting at 8:35 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield