Loading...
HomeMy WebLinkAbout12/17/08_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA DECEMBER 17, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Ragular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - x:15 p.m. 1. ROLL CALL 2. INSTALLATION a. Resolution Flo. 207-08 declaring the results of the General Municipal Election for election of Councilmertber for Wards 2, 5, & 6, held in the City of Bakersfield on November 4, 2008. Staff recommends adoption of resolution. b. Administratitan of Oath of Office. (Reception to followin lobby) CLOSED SESSION a. Conference With Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Henry J. Parson, Jr., et al v. City, et al. b. Conference With Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Perez, MAP (Miguel Angel Perez), et al v. City. c. Conference With Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) t~f Government Code Section 54956.9. (One matter) d. Conference With Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) RECONVENED MEETING - 6:30 p.m. 4. ROLL CALL 5. INVOCATION by Fairer Perry Kavookjian from St. Elizabeth Ann Seton's Catholic Church. 6. PLEDGE OF ALLECafANCE by Matthew Schweikart, First Grade at Rio Bravo-Greeley School. 7. CLOSED SESSION ACTION 8. PRESENTATIONS a. Presentation by Mayor Hall of a retirement plaques and gift certificates to Frank Errecalde, Conchita Walker, Stephen Walker and John Leon. 9. PUBLIC STATEMENT'S 10. APPOINTMENTS a. One appointment to the Fire Civil Service Board due to the expiration of term of Dr. Ronald Eaves, terrri Oxpires December 31, 2008. Staff recommends t>ouncil determination. 10. APPOINTMENTS continued b. Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Patrick Frase (Ward 6) whose terms expired November 2008. Staff recommends council determination. c. Two (2) appointment to the Miscellaneous Civil Service Board due to the expiration of terms of Gregory J: Klimko and Dr. B. J. Moore, term expiring December 31, 2008. Staff recommends t~ouncil determination. d. One appoinitnent to the Police Civil Service Board due to the expiration of term of Kenneth E. Vetter, term expiring December 31, 2008. Staff recommends council determination. 11. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 19, 2008, Regular Council Meeting. Payments: b. Approval of department payments from November 7, 2008 to December 4, 2008 in the amount of $0,542,042.98 and self-insurance payments from November 7, 2008 to December ~; 2008 in the amount of $401,911.17. Ordinances: c. First Reading of the following Ordinances: Amending Section 2.40.050 Subsection A relating to Powers and Duties of Director and Assistant Director of Emergency Services. 2. Amending Section 17.64.060 Subsection E relating to Modifications and Conditional Use I~ermits. 3, Amending Section 15.66.030 Subsections A.3.b.iii and C.1 relating to drilling for and prodOction of Petroleum Permits, and Section 15.66.040 Subsections C.2, C.3 and C.7.ki relating to development standards for Class 1 Permits. 4. Deleting Section 17.68.020 Subsection G relating to Unreinforced Masonry Buildings. (Ward 7>' d. Adoption of ordinance amending Section 17.06.020 (Zone Map 143-06) of the Municipal Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest corner of Taft Highway and Chevalier Road (ZC #08-0491 - Moreland Consulting Inc. representing Mid Town Development). (FR 11/19/08) (Ward 2) e. Adoption of ordinance amending Section 17.06.020 (Zone Map No. 103-19) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to revised PC6 on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of Union Avenue (ZC #08-0595 -Hughes Surveying representing Sigford Investment, LLC). (FR 11/19/08) 'upon annexation 2 City Council Meeting of 12/17//2008 11. CONSENT CALENDAR continued (ward ~) f. Adoption of ordinance approving Negative Declaration and amending Section 17.06.020 (Zone Map 124-30) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to p-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 8.14 acres, located at the northeast corner of Monitor Street and Hosking Avenue. (ZC 08-0726 - Mclntosh ano Associates, representing Trend Capital Group, the property owner) appealed by McIntosh and Associates. (FR 11/19/08) (ward ~>• g. Adoption of ordinance approving Negative Declaration and amending Section 17.06.020 (Zone Map 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to R- 1-CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres located between the 99 Freeway and Ellashosh Street, south of McKee Road. (ZC 08-1036 -Marino & Associates representing Citygate Christian Center). (FR 11/19/08) (ward s>• h. Adoption of ordinance approving Negative Declaration, denying the appeal, and amending Section 17.C)f0.020 (Zone Map 123-02) of Municipal Code by changing the zoning from R-S (Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 squire feet), located at the northeast corner of Belle Terrace and Fiorito Street. (ZC 08-1044 Delmarter and Deifel representing Troy and Wilma Chastain). (FR 11/19/08) (Ward 3) i. Adoption of ordinance approving Negative Declaration and amending Section 17.06.020 (Zone Map X04-07) of the Municipal Code by changing zoning from A (Agriculture) to M-1 (Light Manufiacturing) on 47 acres and A to R-2 (Limited Multi-Family Dwelling) on approximately 14 acres, generally located at the northeast of Morning Drive and Paladino Drive (ZC 0(3=1168 - Trimco, LLC) (FR 11/19/08) (wards & ~)• j. Adoption of Ordinance approving Negative Declaration, amending Title 17 of Municipal Code and amending Zoning Map 142-03 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.53 acres, generally located at the southwest dt`rner of Taft Highway (SR 119) and Stine Road. (ZC 07-1806 -Scott Underhill and Mark Sftiith) (FR 11/19/08) Resolutions: (ward ~) k. Sewer Connt~ction Fee Assessments: Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Barbara Allen Steele, 2605 Bernice Drive, to pay sewer connection fee iii installments and notice of special assessment lien. 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 authorize collection of the assessments by the Kern County Tax Collector. 'upon annexation 3 City Council Meeting of 12/17//2008 11. CONSENT CALENDdR continued (Ward 6) m. Exchange of Real Property Resolution declaring real property located at 2847 Van Buren Place surplus to needs of tha City. 2. Agreement with Christ Cathedral Church to exchange city property for a sump within Tentative Tract 6921 located north of Rosedale Highway and west of Allen Road. (Ward 3) n. Sale of Real Property Resolution declaring real property located north of Mall View Road, east of the East Hills Mall surplus to needs of the City. 2. Agreement with Gardens at East Hills, LLC ($196,000.00) to purchase property located north of Mall View Road, east of the East Hills Mall. 3. Amendment No. 1 to Agreement No. 08-025 with Gardens at East Hills Mall, LLC and Irv Guinn Construction o. Resolution adopting the Investment Policy of the City. p. Purchase of Hazardous Materials Response Vehicle with combination of federal grant funds and City furt~s: 1. Resolution determining that the Hazardous Materials Response Vehicle cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $546.234.00. 2. Appropriate $500,000.00 federal grant revenue (Homeland Security) and appropriate $46,34.00 Equipment Management Fund balance to the Public Works Department Operating Budget within the Equipment Management Fund for the purchase of the Hazardous Materials Response Vehicle from Pierce Manufacturing Inc. q. Memorand~lrri of Understanding between City and County of Kern: Resolution determining that the City Manager, or his designee, is appointed as agent authorized to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub- granted through the State of California to the County of Kern and through the County of Kern to the City of Bakersfield. 2. Approval of Memorandum of Understanding between the City and the County of Kern - Hol~ieland Security grant funding agreement for equipment, software, training, planning or other professional services that require contractual waivers of liability, mutu€a<I indemnification or other restrictive contractual requirements. (ward 2 & 7> r. Resolutions forming the following Traffic Signal Maintenance Districts and preliminarily adopting, confirming and approving the Public Works Director's Report: 1. Area TS-18 (NW corner of S. "H" Street and Berkshire Road) 2. Area TS-15 (420 34th Street) (Ward 3) s. Resolution adding Area 4-89 (Mt. Vernon, Bernard NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 4 City Council Meeting of 12/17//2008 11. CONSENT CALENDAR continued (Ward 5) t. Resolution ofi Intention No. 1629 adding territory Area 3-66 (Taft Hwy, Old River Rd NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: (Ward 3) u. Final Map acid Improvement Agreement with Bakersfield Scenic River, LLC, for Tract Map 7123 located north of Meany Avenue and east of Coffee Road. (ward ~) v. Median Island on Hosking Avenue between Zermatt Street and Tract 6368 (Southwest Corner of Hosking Avenue and Shannon Drive) 1. Agreement with Moreland Family, LLC ($42,000.00) for construction of Median Island Improvements on Hosking Avenue between Zermatt Street and Tract 6368. 2. Apprtipriate $35,400 developer share of project cost to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. (ward 2) w. Agreement with Nolte Associates, Inc., ($4,193,571.48) for construction management services for Westside Parkway Phase 1 -Mohawk Extension. x. Agreement vVith Muxlow Construction ($50,000.00) of Community Development Block Grant Funds to proi~ide handicap accessibility improvement services to qualified low-income residents in privately owned structures. (ward z) y. Purchase real property from Sean Minor and Zachary Forster ($470,717.00) located at 408 and 424 20111 Street for public parking and developing a staging area for Mill Creek and Central Park: (Ward 1, 2 & s) z. Agreement with Kern High School District ($50,000.00) for use of aquatic facilities for practice and swim meets. (wars a) aa. Traffic Impadt Fee Agreement with Castle & Cooke California, Inc. ($175,012.00 credit) for improvements on Stockdale Highway. (ward 2> bb. License Agreement with the North Kern Water Storage District for the construction, operation, aid maintenance of canal intertie facilities between the Calloway Canal and the Cross Valley Canal within City owned property. (wars 2> cc. Reimbursement Agreement with Big West of California, Inc. ($323,000.00) for abandonment and removal of certain pipeline facilities as part of the Westside Parkway Project. dd. Amendment No. 1 to Agreement 07-416 with Krazan & Associates, Inc., ($31,500.00; not to exceed $48,628.75) for material testing services for various construction projects, calendar years 2008-009. ee. Amendment No. 1 to Agreement 07-424 with Toter, Inc., ($100,000.00; not to exceed $397,000.Ob and extending term for one (1) year) for the annual contract for trash carts. (ward ~> ff. Amendment No. 1 to Agreement 07-175 with HPS Mechanical, Inc. (not to exceed $401,870.0 and extending term to June 30, 2009) for annual contract -sewer connection and abandonment. 5 City Council Meeting of 12/17//2008 11. CONSENT CALEND~-R continued (Ward 2) gg. Amendment No. 1 to Agreement 06-208 with Dokken Engineering (additional $2,272,000.00) for engineering design services for the Westside Parkway Project Phase IV. (TRIP) hh. Amendment No. 1 to Agreement No. 06-023 with MuniServices, LLC to expand the scope of work to include fuel tax and credit recovery services. (Ward 1) ii. Amendment No. 1 to Agreement No. 08-192 with Bakersfield Senior Center, Inc. ($20,000.00, total not to exceed $85,000.00) of Community Development Block Grant funds for operational expenses at 530 4th Street. (ward z, a ~ s> jj. Amendment No. 2 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb, Dowd & Girt; LLP (total not to exceed $175,000.00) to provide legal services to handle right- of-way/emirt~nt domain cases for the Westside Parkway. kk. Amendment No. 2 to Agreement No. 06-345 with Valley Pacific Petroleum Services, Inc. ($4,000,000:00; not to exceed $12,000,000.00 and extending term for one (1) year) to the annual contri~ct for gasoline and diesel fuel. (ward a) II. Contract Change Order Nos. 4 - 9 to Agreement 08-062 with Granite Construction ($50,279.50; total not to exceed $8,215.831.50) for the project known as Allen Road Improvements between Ming Avenue and Stockdale Highway. (Ward 3) mm. Contract Change Order No. 40 to Agreement No. 07-304 with Security Paving Construction ($74,641.25; total not to exceed $29,606.891.30) for State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: nn. Accept bids from DDL Traffic, Inc. ($32,845.35), McCain, Inc. ($121,386.07) and Valmont Industries ($9 32,014.10) for signal equipment. (Ward s) oo. Accept bid ahd award contract to Granite Construction ($701,268.10) for double left turn lane construction at the intersection of White Lane at Ashe Road. (ward z ~ s) pp. Accept bid and award contract to Griffith Company ($1,319,645.00) for resurfacing and reconstruction of various streets for fiscal year 2007/2008 -Phase I. (Ward 1, 2 ~ 3) qq. Accept bid ahd award contract to Griffith Company ($1,296,794.00) for resurfacing various streets for fiscal year 2007/2008 -Phase II. (Ward 3) rr. Accept bid and award contract to Precision Analytical, Inc. ($183,980.60) to construct the driveway entrance remodel for the United States Postal Service Hillcrest Carrier Annex Project. (warn ~> ss. Accept bid ahd award contract to Water Splash, Inc. ($78,475.68) for Saunders Park Wet Play Equiprtient. (ward ~) tt. Accept bid and award contract to A/C Materials, Inc. ($566,599.45) for the construction of shoulder paying at S. Mt. Vernon Avenue and E. Planz Road. uu. Accept bid and award contract to Pickinpaugh Concrete Construction, Inc., (not to exceed $100,000.09) for the annual provision -block wall repair. 6 City Council Meeting of 12/17//2008 11. CONSENT CALENDAR continued w. Rescind bid award to Bakersfield Truck Center ($297,628.74) for one (1) side loading refuse truck. ww. Accept bid from Golden State Peterbilt ($2,557,030.75) for two (2) replacement LNG front loading refuse trucks and seven (7) LNG side loading refuse trucks (6-replacement, 1- additional) for the Public Works Department Solid Waste Division. sward 21 xx. Accept bid ahd award contract to Housley Demolition Excavation ($72,975.00) for the demolition of 830 California Avenue the former Carriage Masters building. Miscellaneous: yy. Audit Reports for fiscal year ended June 30, 2008 (refer to Budget & Finance Comm/ttee): 1. Comprehensive Annual Financial Report (CAFR). 2. Independent Auditors Report -Compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan. 3. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the pity. 4. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. zz. Fiscal Year X008-09 Budget Reductions Reduce Council Contingency appropriations in the General Fund Non- departmental budget by $200,000. 2. Reduce Retiree Health Insurance appropriations in the General Fund Non- departmental budget by $2,500,000.00. Staff recommends adoption of Consent Calendar items a through zz. 12. CONSENT CALENDAR HEARINGS 13. HEARINGS a. Public Hearlrig to consider Resolution adopting the 2007-2008 Regional Transportation Impact Fee f=acilities List and Fee Schedule, Phase III. Staff recommends adoption of resolution. 14. REPORTS 7 City Council Meeting of 12/17//2008 15. DEFERRED BUSINESS a. Report on Recycling Program Issues: 1. The frost of a Feasibility Study for recycling facilities. 2. Possible ways to expand the City's Blue Cart Recycling Program. Staff recommends receive and file report for future reference. 16. NEW BUSINESS a. Election of Vice-Mayor. To be determined by Council. 17. COUNCIL AND MAYf~R STATEMENTS 18. ADJOURNMENT Respectfully submitted, ~~`> ~~~ Alan Tandy City Manager 12/11/08 11:05 am 8 City Council Meeting of 12/17//2008 AGENDA HIGHLIGHTS December 17, 2008 COUNCIL MEETING REGULAR MEETING - 5:15 g.m. INSTALLATION The results of the November 4, 2008 General Municipal Election declaring Sue Benham (Ward 2), Harold Hanson (Ward 5) and Jacquie Sullivan (Ward 6) elected to the Office of Councilmember, for a full four- year term, will be certified. The Oath of Office will be administered and a reception will follow in the lobby of the Council Chambers. CLOSED SESSION There will be a conference with legal counsel regarding two cases of existing litigation and two cases of potential litigation. CONTINUATION OF REGULAR MEETING - An~roximateiv 6.30 ~ m Mayor Hall will acknowledge the retirement of several longtime City employees by presenting a plaque and gift certificate to Frank Errecalde (32'/2 years Public Works), Conchita Walker (22 years Public Works), Stephen Walker (28'/2 years Public Works) and John Leon (28 years Fire). APPOINTMENTS There will be one appointment each to the Fire Civil Service Board and the Police Civil Service Board; two appointments to the Miscellaneous Civil Service Board; and four appointments to the Keep Bakersfield Beautiful Committee. CONSENT CALENDAR Ordinances Item 1 ic. First Reading of Ordinances. The requested changes to the Municipal Code are minor in nature. They are designed to make a section read better, to reflect current practice or to correct typographical errors. Recent amendments to the Municipal Code were made on October 8`h, 2008, but staff felt that some additional amendments were necessary. Resolutions Item 11p. Purchase of Hazardous Materials Response Vehicle with Combination of Federal Grant Funds and Citv Funds. The City has been granted $500,000 from the Office of Homeland Security for the purchase of a Hazardous Materials Response Vehicle. The total cost of this vehicle is $546,234 and will be funded by use of the grant and $46,234 from the City's Equipment Management Fund. This purchase will replace the City's twenty-year-old Hazardous Materials Response Vehicle. Given the special nature of this purchase, it cannot be reasonably obtained through normal bidding procedures. Item 11q. Memorandum of Understanding Between the Citv and the County of Kern. This Memorandum of Understanding (MOU) is necessary because the County is the designated sub-grantee for Homeland Security Grants on behalf of the Kern Operational Area, which the City is a part of. This MOU will facilitate the City's ability to receive Homeland Security Grant funds to support the City's Hazardous Materials Response and Readiness Project, including the new Hazardous Materials Response Vehicle. Agreements Item 11 w. Agreement with Nolte Associates Inc for Construction Management Services for Westside Parkwav Phase I -Mohawk Extension in the amount of $4.193.571.48. This contract includes construction management services for the construction/widening of Mohawk Street from Rosedale Highway to Truxtun Avenue. This project also includes bridge construction over the Kern River, the BNSF Railroad and the future Westside Parkway. Based on proposal rankings and subsequent interviews, Nolte Associates, Inc. was selected as the most qualified to provide the services described. A total of seven firms responded to the Request for Proposals. Item 11 y. Purchase of Real Property From Sean Minor and Zachary Forster located at 408 and 424 20tH Street for Public Parking and Develo ig_ng a Staging Area for Mill Creek and Central Park in the amount of 70 717. On April 2, 2008 the Bakersfield Redevelopment Agency approved a nine month purchase option agreement for the above mentioned property. The purchase option will expire on January 2, 2009. This property is an integral piece of property that wilt be needed to complete the Mill Creek Plan. Item i1cc. Reimbursement Agreement with Bia West of California. Inc. for Abandonment and Removal of Certain Pipeline Facilities as Part of the Westside Parkway Project in the amount of $323.000. The City is reimbursing Big West for its actual costs to abandon and remove certain pipelines and install fencing. This is necessary in order to accommodate the construction of portions of the Westside Parkway. Item 11gg. Amendment No. 1 to Agreement 06-208 with Dokken Enaineerina for Enaineerina Design Services for the Westside Parkway Proiect -Phase IV in the amount of $2.272.000. Dokken Engineering is currently under contract to provide Engineering Design Services (final construction plans) for the Westside Parkway (WSP) Phase I (including the Westside Parkway/Mohawk interchange). Phase IV of the WSP is the segment that connects the phase I interchange with Truxtun Avenue. Due to the relationship of the two projects, it was always the plan to have the same firm provide engineering design services for both Phases. However, at the time Phase I was awarded, the preliminary design of Phase IV was not complete and therefore Dokken could not accurately define their scope of work or fee for Phase IV. Item 1 iIL 2 0 0. The City has provided Community Development Block Grant (CDBG) funds to the Bakersfield Senior Center (BSC) since 2002. Due to a reduction in donations, the poor economy and rising costs, BSC has requested additional CDBG funding assistance to continue providing congregant meals at the current service rate. Item 1 ijJ. Amendment No 2 to Agreement No. 07-184 with Outside Counsel. Griswold. LaSalle. Cobb. Dowd & Gin LLP to Provide Legal Services Related to Right-of-way/Eminent Domain Cases for the Westside Parkway. These are relatively minor acquisitions needed to build sound walls for the Westside Parkway (WSP). Some of the homes along this section are in foreclosure and this is the reason normal negotiations have not been successful. The law firm of Griswold, La Salle was originally selected to handle six right-of-way/eminent domain matters on behalf of the City for the WSP. This number was Agenda Highlights -December 17, 2008 Council Meeting Page 2 increased to ten on February 27, 2008, for a total contract amount of $150,000. It is estimated that the City will have to obtain five to ten temporary construction easements, through initiation of eminent domain proceedings, for Phase II of the WSP. The law firm of Griswold, La Salle has agreed to handle these legal matters for an additional $25,000, thereby making the total contract amount $175,000. These costs are included as part of the total project and covered by the State Transportation Improvement Program funds. Item 11kk. Amendment No. 2 to Agreement No. 06-345 with Valley Pacific Petroleum Services. Inc. For the Annual Contract for Gasoline and Diesel Fuel. This amendment extends, for one year, the Annual Contract for gasoline and diesel fuel in the amount of $4,000,000, not to exceed $12,000,000. Valley Pacific Petroleum Services, Inc. was awarded the Annual Contract on November 15, 2006 for $4,000,000. This contract included a provision that it is renewable annually thereafter for four consecutive one-year periods. On November 28, 2007 the contract was renewed at the same rate ($4,000,000 not to exceed $8,000,000) and this action will be the second annual renewal of this contract. B~$ Item 1100. Accent Bid and Award Contract to Granite Construction for Double Left Turn Lane Construction at the Intersection of White Lane and Ashe Road in the amount of $701.268.10. This project consists of modifying existing median islands on White Lane and modifying existing striping on Ashe Road to accommodate double left turn lanes in all four directions. Additional modification work related to this project is included. A total of five bids were received. Item 11pp. Accent Bid and Award Contract to Griffith Company for Resurtacing and Reconstruction of Various Streets for Fiscal Year 2007-08 - Phase I in the amount of $1.319.645. This project consists of resurfacing New Stine Road from Wilson Road to Ming Avenue; resurfacing of Oak Street from Brundage Lane to Truxtun Avenue; and reconstruction of the existing roadway on Pacheco Road from Stine Road to Akers Road. A total of six bids were received. Item 11gq. Accept Bid and Award Contract to Griffith Comgany for Resurtacing Various Streets for Fiscal Year 2007-08 -Phase II in the amount of $1.296.794. This project consists of resurfacing Universit~r Avenue from Haley Street to Mount Vernon, Q Street from Golden State Highway to 3182 Street, 42 Street from H Street to P Street and Brundage Lane from Chester Avenue to Union Avenue. A total of six bids were received. Item 11tt Accept Bid and Award Contract to AC/Materials. Inc. for the Construction of Shoulder Paving at S. Mt. Vernon Avenue and E. Planz Road in the amount of $566.599.45. This project is in coordination with a simultaneous water line project within the shoulder and paving limits of the City's project. The coordination of these two projects minimizes construction efforts. A total of seven bids were received. Item i1uu. Accept Bid and Award Contract to Pickinpauah Concrete Construction. Inc. for the Annual Provision -Block Wall Repair in the amount of $100.000. In August of 2007 a bid solicitation was processed for the Annual Contract for Block Wall Repair. Unfortunately, no bids were received. In order to continue repairing damaged block walls, the Recreation and Parks Department processed departmental agreements with Gonzales Multi Masonry. In October of this year the City made another attempt to solicit bids for block wall repair and invitations to bid were sent to over eight hundred bidders. As a result, one bid was received from Pickinpaugh Concrete Construction. Due to recent media publicity, the City's previous vendor declined to bid on the contract. The unit prices and the new bid are unfortunately higher than those paid to the previous contractor. Agenda Highlights -December 17, 2008 Council Meeting Page 3 Item 11 vv. Rescind Bid Award to Bakersfield Truck Center for One Side Loading Refuse Truck in the amount of $297.628.74. In a letter dated November 21, 2008, Bakersfield Truck Center has requested to be relieved of the obligation to supply the refuse truck due to their inability to guarantee delivery of the awarded item. Item 11iww. Acceot Bid From Golden State Peterbilt for Two Reulacement LNG Front Loadino Refuse Trucks and Seven LNG Side Loadins~ Refuse Trucks l6 Replacement. 1 Additional) for the Public Works Derartment Solid Waste Division in the amount of $2.557.030.75. The refuse trucks to be replaced have reached their life expectancy and are costing more to operate due to frequent breakdowns. The existing trucks operate on diesel fuel and the replacements will be LNG powered and will operate cleaner than those they are replacing. A total of two bids were received. Item 11xx. Accept Bid and Award Contract to Houslev Demolition Excavation for the Demolition of 830 California Avenue -The Former Carriage Masters Building in the amount of $72.975. This contract is to demolish the existing vacant and structurally unsound building located at 830 California Avenue. This is being done to further the Mill Creek redevelopment project which includes new retail, housing and entertainment amenities. A total of 12 bids were received. This issue may generate questions or concerns. The Administrative Report and its attachments comprehensively address the issues that are known to date. Miscellaneous Item 11zz. Fiscal Year 2008-09 Budget Reductions. At the November 19, 2008 City Council meeting the City Manger presented an overview of the City's worsening budget situation, which is a result of current economic conditions. Due to this situation, staff is recommending that appropriations for the reserve for unfunded retiree medical insurance liability be reduced by $2,500,000 for FY 2008-09 and that the Council Contingency be reduced by $200,000 for FY 2008-09. Additional budget reductions are being processed. DEFERRED BUSINESS Item 15a. Report on Recycling Program Issues. Public Works staff will provide a report which has been prepared to follow up on two different recycling issues previously addressed by the City Council. The first part of the report will be a response on the cost of a feasibility study for a future recycling facilities and the second part will focus on the potential to expand the City's Blue Cart Recycling Program. NEW BUSINESS Item iea. Election of Vice-Mayor. The City Council will elect one of its members Vice-Mayor. At the next regular Council meeting in January, the Vice-Mayor will submit nominations for appointments to all Council Committees and Special Boards. Approved: Alan Tendy, City Manager cc: Department Heads City Managers File City Clerk's File News Media File Agenda Highlights -December 17, 2008 Council Meeting Page 4 MEETING DATE: December 17, 2008 AGENDA SECTION: Installation ITEM: , q, , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Counrrc~~il ~~ APPROVED Pamela A. McCarthy, City Clerk ~'`~ DEPARTMENT HEAD v December 1, 2008 CITY ATTORNEY CITY MANAGER Resolution No. 207-08 declaring the results of the General Municipal E election of Councilmember for Wards 2, 5, and 6 held in the City of November 4, 2008. for the field on RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This resolution is required to accept the City Clerk's Certification of the Canvass of Results of the General Municipal Election held November 4, 2008 as cert~ed by the Kem County Clerk, declaring the following persons elected to the Office of Councilmember for a full four-year term, commencing December 17, 2008 and expiring in December 2012. Ward 2: Sue Benham Ward 5: Harold Hanson Ward 6: Jacquie Sullivan PI December 4, 2008, 11:09AM S:1ElectionWDMIN RPTS12008Wdmin Declaring Results Council.dot A ~ ~ U O ~+ u'' 1 ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session ITEM: Q. , TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: October 1, 2008 APPROVED DEPARTMENT HEAD ~/~ CITY ATTORNEY t/~r CITY MANAGER SUBJECT: Conference with Legal Counsel -Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Henry J. Parson, Jr., et al v. City of Bakersfield, et al. USDC Case No. 1:07-CV-01468-OWW-DLB VG:Isc S:\COUNCIL\CI SessWdminaWS-09\72-17-OBExistLlt.doc A m ~ -~ U p C a 1 ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session ITEM: ~, TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: November 7, 2008 APPROVED DEPARTMENT HEAD l~l~ CITY ATTORNEY ~(~ CITY MANAGER SUBJECT: Conference with Legal Counsel -Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Perez, MAP (Miguel Angel Perez), et al. v. City of Bakersfield, et al. USDC Case No. 1:08-CV-00540-LJO-DLB VG:Isc S:\COUNCIL\CI Sess\Admins\08-09\12-17-08F~cistLit2.dx BAk OF couot,rpa S ~ ~ U ` d ~'1 ~LP LIFO ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session ITEM: ~, ~. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: November 24, 2008 APPROVED DEPARTMENT HEAD !~~ CITY ATTORNEY ~~ CITY MANAGER SUBJECT: Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One matter) VG:Isc S:I000NCILICI SesslAdmins108-0911 2-1 7-OB.Potlit.doc A ~ .- U C7 c w, 1 ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Closed Session ITEM: 3, TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: November 14, 2008 APPROVED DEPARTMENT HEAD ~G CITY ATTORNEY ~~ CITY MANAGER ~s SUBJECT: Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(C) of Government Code section 54956.9. (One Claim) VG:Isc S:\COUNCIL\CI SessWdmina\OB-09\12-17-08.PotLit-Cl.doc A ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Javier Lozano, Human Resources Manage~~DEPARTMENT HEAD November 12, 2008 CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of a Retirement Plaque and $150 Gift Certffic e t Frank Errecalde, Conchita Walker, Stephen Walker and John Leon. RECOMMENDATION: BACKGROUND: Mayor Hall will make presentations to: Frank Errecalde Public Works Sewer Maintainer II, 32'/~ years of service with the City of Bakersfield. Conchita Walker Public Works Engineer II, 22 years of service with the City of Bakersfield. Stephen Walker Public Works Traffic Engineer, 28'/~ years of service with the City of Bakersfield. John Leon Fire Department Engineer, 28 years of service with the City of Bakersfield. P:WGREEMENTSWdmin Report Retiree Presentations.doc 11/3/2008 MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments ITEM: , Q TO: .Honorable Mayor and City Council i'11 ~~ APPROVED FROM: Pamela A. McCarthy, City Cle~~ DEPARTMENT HEAD Fi'C' DATE: December 1, 2008 CITY ATTORNEY ~~ CITY MANAGER SUBJECT: One appointment to the Fire Civil Service Board, due to the expiration of term of Dr. Ronald Eaves, term expires December 31, 2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Fire Civil Service Board due to the expiration of term of Dr. Ronald Eaves, whose term expires December 31, 2008. The news release for this recruitment was posted on October 29, 2008. Two applications for appointment have been received from the following: • Dr. Ronald Eaves • Steven James Steiber The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield. December 2, 2008, 3:15PM S:1f3ds&Comm18RDA~FIRE~edmin Dec 2008.dot A ~ , i ADMINISTRATIVE REPORT T MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments ITEM: /b, TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Cle~~ DEPARTMENT HEAD. ~, ~T DATE: December 9, 2008 CITY ATTORNEY ~~ CITY MANAGER ~-S SUBJECT: Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Patrick Frase (Ward 6), whose terms expired November 2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there are four vacancies on the Keep Bakersfield Beautiful Committee due to the expiration of terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Patrick Frase (Ward 6), whose terms expired November 2008. Applications for appointment have been received from the following: • John Enriquez • Stephen Abbott Montgomery • David Taylor • Robert L. Lerude • Dorothy M. Vokolek Patrick Frase is no longer a City resident and therefore is not eligible for reappointment. Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of eight Mayor/Council-appointed members who will take on the responsibility of decision making for the beautycation program. Terms of office run concurrent with the term of his or the nominating Councilmember or Mayor, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide-the Council, upon request, written reports on the activities of the KBBC. December 9, 2008, 12:40PM S:18ds8CommUCBBCWdmin Dec 2008.dot A ~ -~' f ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments ITEM: /(j, C, T0: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerk ~~ DEPARTMENT HEAD DATE: December 4, 2008 CITY ATTORNEY ~~ CITY MANAGER SUBJECT: Two appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Gregory Klimko and Dr. B. J. Moore, terms expiring December 31, 2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two appointments to the Miscellaneous Civil Service Board due to the expiration of terms of Gregory Klimko and Dr. B. J. Moore, whose terms expire December 31, 2008. The news release for this recruitment was posted on October 29, 2008. Applications have been received from the following: • Gregory Klimko • Katerina Lee Bond • Tom James Dorlis • Steven James Steiber Dr. B. J. Moore has not indicated that she wishes to be reappointed. The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 3:00 p.m., in Human Resources, Room 127, City Hall North, 1600 Truxtun Avenue, Bakersfield. S:~BdsB,CommWIISCCSIadmin Dec 2008.dot A °• ~ ADMINISTRATIVE REPORT w MEETING DATE: December 17, 2008 AGENDA SECTION: Appointments ITEM: lD, d,. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerk~~ DEPARTMENT HEAD DATE: December 4, 2008 CITY ATTORNEY v CITY MANAGER SUBJECT: One appointment to the Police Civil Service Board, due to the expiration of rm of Kenneth E. Vetter, term expiring December 31, 2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Police Civil Service Board due to the expiration of term of Kenneth E. Vetter, whose term expires December 31, 2008. The news release for this recruitment was posted on October 29, 2008. Three applications for appointment have been received from the following: • Kenneth E. Vetter • Robert Bruce Bradford • Michael Joseph Mahoney • John C. Mainland The Police Civil Service Board. is an advisory body to the City Council. It is composed of three (3) members appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Police Department. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are .held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601 Truxtun Avenue, Bakersfield. December 4, 2008, 2:46PM S:~BdeBComm1POLICE\admin 2008.dot F A ~ ~ ~+ Cti ° ADMINISTRATIVE REPORT ~, ~ts t MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ , TO: Honorable Mayor and City Council FROM: Pamela McCarthy, City Clerk DATE: December 4, 2008 APPROVED DEPARTMENT HEAD ~ c ~'I CITY ATTORNEY CITY MANAGER ~S SUBJECT: Approval of minutes of the November 19, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw A ~ ~ ~ ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGEND i SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 4, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from November 7, 2008 to December 4, 2008 in the amount of $30,542,042.98 and Self Insurance payments from November 7, 2008 to December 4, 2008 in the amount of $401,911.17. RECOMMENDATION: Staff recommends approval of payments totaling $30,943,954.15. BACKGROUND: RAR December 4, 2008, 12:46PM S:~RichardW PW DMINW DMIN~AP.doc MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 26, 2008 APPROVED V~ ~~) CITY MANAGER ~.S 1. First Reading of Ordinance Amending Section 2.40.050 Subsection A Relating to Powers and Duties of Director and Assistant Director of Emergency Services. 2. First Reading of Ordinance Amending Section 17.64.060 Subsection E Relating to Modifications and Conditional Use Permits. 3. First Reading of Ordinance Amending Section 15.66.030 Subsections A.3.b.iii and C.1 Relating to Drilling For and Production of Petroleum Permits, and Section 15.66.040 Subsections C.2, C.3 and C.7.b Relating to Development Standards for Class 1 Permits. 4. First Reading of Ordinance Deleting Section 17.68.020 Subsection G Relating to Unreinforced Masonry Buildings. RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendments. BACKGROUND: About once a year or as needed, various Departments throughout the City request changes to the Bakersfield Municipal Code (BMC) that are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. Recent amendments to the BMC were made on October 2, 2008, but Staff felt that some additional amendments to the code were necessary. The following is a list of ordinances that are being recommended by Staff for changes: 1. .BMC Section 2.40.050 Subsection A. The amendment inserts "Fire Chief" for "Director of Fire and Development Services." This amendment is due to the fact that the City does not have a Director of Fire and Development Services and because after a recent review of the Emergency Operation Plan (EOP), assigning the Fire Chief as the assistant director of emergency services is consistent with the EOP and current practices of the City. 2. BMC Section 17.64.060 Subsection E. The amendment changes the length of time in order to exercise rights granted by a modification or conditional use permit from one year to two years after the date of the final decision. This change is consistent with Section 17.08.080 Subsection D where there is a two-year approval period for a site plan, and because a site plan is often approved concurrently with a conditional use permit or modification use permit and should have the same two-year expiration period. DEPARTMENT HEAD CITY ATTORNEY November 26, 2008, 2:33PM S:\COUNCILVIdminsWB-09 Admins\Cleanup of Ordinances2.doc ADMINISTRATIVE REPORT 3. BMC Section 15.66.030 Subsections A.3.b.iii and C.1, Section 15.66.040 Subsections C.3 and C.7.b. The amendment to Section 15.66.030 Subsection A.3.b.iii consists of expanding portions of the Fruitvale Oil Field in order to exempt individuals that are annexed into the City so that those individuals do not have to change their requirements in order to drill. The amendment to Subsection C.1 allows an operator to drill without the need for a conditional use permit for any well that is specifically identified as a drill site. Section 15.66.040 Subsections C.2, C.3, and C.7.b insert "decision-making authority" for "B.Z.A.," which is a more accurate description of the current practices of the City. 4. BMC Section 17.68.020 Subsection G. This Section should be deleted as it expired on December 31, 1998, and has no further force or effect. CKI/Isc November 26, 2006, 2:57PM S:\COUNCILVIdminaWB-09 Admina\Cleanup of Ordinances2.doc MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~~, c~, TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: November 20, 2008 CITY ATTORNEY CITY MANAGER ~S SUBJECT Adoption of an ordinance and amending Section 17.06.020 (Zone Map No. 143-06) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest corner of Taft Highway and Chevalier Road (ZC # 08-0491 -Moreland Consulting Inc. representing Mid Town Development) (Ward 7 upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 19, 2008. On October 2, 2008, the Planning Commission held an advertised public hearing on this zone change request, and unanimously recommended adoption by the City Council. The request is to prezone the property from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres for purposes of retail shops and single family residential development, respectively. The reason for the requested prezoning is to obtain general plan consistency and to allow for the development of commercial and single family residences on the project site. Currently, there are no specific plans for the site; however, development of the site could result in approximately 75 single-family residences in addition to commercial uses. No one spoke in opposition to the project at the Planning Commission hearing. On March 28, 2006, the Kem County Board of Supervisors approved a Negative Declaration, zone change from A (Exclusive Agriculture) to C-2 PD (General Commercial -Precise Development Combining) District and R-1 (Low-density Residential) District and amendment to the general plan from RR (Rural Residential -Minimum 2.5 Gross Acres/Unit} to HC (Highway Commercial) and LR (Low Density Residential -Less than or Equal to 7.26 Dwelling Units/Net Acre). Upon annexation, the approval of this prezoning will bring the zoning into conformance with the Board's action and be consistent with Metropolitan Bakersfield General Plan Land Use designation on the subject property. TJ / S:IDanaIADMINS120081Dec112-17-0491 2. doc ADMINISTRATIVE REPORT Annexation (Annexation # 616/ Chevalier No. 1) procedures for this subject property have commenced but are not completed. The site is currently within the unincorporated area of the County of Kem annexation and is expected to be completed in the fall of 2009. Said Negative Declaration for the proposed project is the appropriate environmental document to accompany project approval. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. The project will not significantly impact the physical environment because mitigation measures relating to cultural resources and air quality have been incorporated into the project. Staff recommends adoption of the ordinance. TJ / S:IDanaIADMINS120081Dac112-17-0491 2. doc ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~, TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: November 20, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 103-19) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from PCD (Planned Commercial Development) to Revised PCD (Planned Commercial Development) on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of Union Avenue (ZC # 08-0595 -Hughes Surveying representing Sigford Investment, LLC) (Ward 2) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 19, 2008. On October 16, 2008, the Planning Commission held an advertised public hearing on this zone change request and recommended adoption by the City Council. The zone change request consists of changing the zoning on the site from PCD (Planned Commercial Development) to Revised PCD (Planned Commercial Development) on 3.87 acres to allow redesign of an approved ministorage project for the site.. The reason for this zone change is because the site's PCD zoning requires approval of a revised site plan prior to development. Revisions include additional storage units, a larger tum-around area, a smaller office, and removal of an on-site manager's residence. The proposed site plan depicts 293 storage units, 28 RV parking spaces, one office building, and 13 parking spaces, as well as landscaping throughout the development including at the entrance, in between the storage units, and along the RV parking areas. The site is currently undeveloped. At the Planning Commission hearing, two individuals spoke in opposition to the project; James Schmidt, a representative of the adjacent labor hall, and Aralda Christenson, resident of an adjacent apartment complex. The issues raised were related to traffic and noise, the number of available ministorage facilities in vicinity, and kit fox observed on property. The motion for approval was unanimously carried, and the Planning Commission recommended approval of the Revised PCD zone change. Based upon an initial environmental assessment, staff has determined the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332, In-fill Development. Prepared by MA 111!6108 ~ s:ldaneledmins120081dec112-17-0595 2.doc MEETING DATE; December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: December 1, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zoning Map No. 12430) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 8.14 acres, located at the northeast comer of Monitor Street and Hosking Avenue. (ZC 08-0726 -McIntosh and Associates, representing Trend Capital Group, the property owner) appealed by McIntosh and Associates. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on November 19, 2008. This proposal will allow for the development of 140 multi-family dwelling units. The Planning Commission conducted a public hearing on this general plan amendment/zone change on October 2, 2008, and recommended denial to the City Council. A letter from McIntosh and Associates appealing the denial of this project was received in the City Clerk's office on October 10, 2008. On November 19, 2008, the City Council approved the negative declaration, the appeal, and the concurrent general plan amendment/zone change with a requirement to change the subject site from LR (Low Density Residential) to HMR (High Medium Density Residential) and R-1 (One-Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 8.14 acres to allow for future low-density residential development. The applicant agreed to all conditions and mitigation for the project. 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 August 29, 2008, in accordance with CEQA. MEETING DATE:.December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: November 21, 2008 APPROVED DEPARTMENT HEAD S•(i- CITY ATTORNEY CITY MANAGER ~S SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-36) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1-CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres located between the 99 Freeway and Ellashosh Street, south of McKee Road. (Zone Change 08-1036 -Marino & Associates representing Citygate Christian Center) (Ward 7 Upon Annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 19, 2008. On September 18, 2008, the Planning Commission held an advertised public hearing on this zone change request and recommend adoption by the City Council. The zone change request consists of changing the zoning from A (Agriculture) to R-1-CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres. The reason for the request is to bring the zoning into conformance with the LR (Low Density Residential) General Plan Land Use designation on the subject property. The site is currently undeveloped. The proposed project will include an 800 seat church, daycare and educational accessory buildings. No individuals or agencies present at the hearing opposed the request and the applicant agreed to the final conditions and mitigation approved for the project. The project site is currently in the process of annexation into the City of Bakersfield. The applicant is concurrently processing a Conditional Use Permit with Kern County to allow for use as a church on the current agricultural zoning prior to annexation. The City will acknowledge the Conditional Use Permit upon annexation. Access to this site is a challenge. However, Staff included a condition on the commercial use to the south that requires a local road to access the proposed church site. 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 would not have a significant environment effect. Therefore, in accordance with CEQA, a Negative Declaration was prepared. Mitigation measures recommended as part of project approval address air quality, biological resources, cultural resources, noise, and traffic. .MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: November 20, 2008 ~I1;J.:~~Pl DEPARTMENT HEAD ~- CITY ATTORNEY CITY MANAGER ~~ SUBJECT: Adoption of an ordinance approving a Negative Declaration, denying the appeal, and amending Section 17.060.020 (Zone Map No. 123-02) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-S (Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square feet), located at the northeast corner of Belle Terrace and Fiorito Street. (ZC 08-1044 Delmarter and Deifel representing Troy and Wilma Chastain) (Ward 6 upon annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 19, 2008. The proposal would allow for the development of a duplex on a 10,384 Sq. Ft. parcel. The proposal is consistent with the existing land use designation, which is LMR (Low Medium Density Residential). This is an infill development. The area along the north side of Belle Terrace consists of large rural- type single family lots, which have been transitioning from the unincorporated County into the City with some being developed at a higher density. This proposal will match this type of redevelopment in the area and be consistent with the existing land use designation for the site. 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 August 19, 2008, in accordance with CEQA. The Planning Commission conducted a public hearing on this zone change on September 18, 2008, and recommended approval to the City Council. The Commission had a vote of 4 in favor and 2 against (Commissioners McGinnis and Tragish). The Commissioners opposed to the zone change stated concerns with street parking negatively impacting the single-family neighbofiood north of Belle Terrace. These Commissioners noted that the proposal introduces apartments into a predominately single family neighbofiood and that pefiaps the entire block adjacent to Belle Terrace should be "' evaluated for multi-family residential development so that it can be planned appropriately instead of developed in a piece-meal fashion. ADMINISTRATIVE REPORT Page 2 No agencies present at the hearing opposed to the request and the applicant agreed to all conditions and mitigation for the project. The Planning Commission added conditions to require the proposed development to have access from Fiorito Street only and require six (6) parking spaces for the two units (4 parking spaces is the typical requirement). Four nearby property owners attended the Planning Commission hearing and spoke in opposition to the proposed multi family use; their concerns include the issues of more traffic and no street parking in the neighbofiood. The project has been appealed by Cynthia Thompson who also submitted a petition with 90 names/signatures (2 names were duplicated on the petition) in opposition to the zone change. Based on comments from opponents of the project at the November 19, 2008, the City Council added conditions to the project that deals with the amount of units (2 dwellings maximum), the height (single story) of building on site, and the design (two-car garages). The applicant, owner and opponents were agreeable with these conditions. These conditions are reflected on the attached ordinance. mos:\GPA 3rd 2008\08-1044Wdm SRVldmin Reprt 08-1044 2nd Reading.doc MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ , ~ TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: November 20, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Adoption of an ordinance approving the Negative Declaration and amending Section 17.06.020 (Zone Map No. 10407) of Title Seventeen of the Municipal Code by changing zoning from A (Agriculture) to M-1 (Light Manufacturing) on 47 acres, and A to R-2 (Limited Multi-Family Dwelling) on approximately 14 acres, generally located at the northeast of Morning Drive and Paladino Drive. (ZC 08-1168 - Trimco, LLC) (Ward 3). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 19, 2008. The subject property consists of approximately 60 acres located at the northeast of Morning Drive and Paladino Drive. The proposal would allow for the development of approximately 340,000 square feet of light industrial space and 141 residential dwelling units. The Planning Commission conducted a public hearing on this GPA/Zone Change on September 18, 2008, and recommended approval to the City Council. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on August 20, 2008 in accordance with CEQA. RBS:\GPA 3rd 2008W8-1188\Sfaff ReportsWdmin Report 08-1188 2nd.dx MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ , TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: November 20, 2008 APPROVED DEPARTMENT HEAD •'r/ CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 142-03 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.53 acres, generally located at the southwest comer of Taft Highway (SR 119) and Stine Road. (ZC 07-1806 -Scott Undefiill and Mark Smith) (Ward 6 or 7 upon annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 19, 2008. The subject property consists of 18.53 acres located at the southwest comer of Taft Highway (SR 119) and Stine Road. The proposal would allow for the development of approximately 150,000 square feet of retail commercial uses. The Planning Commission conducted a public hearing on this GPA/Zone Change on September 18, 2008, and recommended approval to the City Council. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on August 11, 2008 in accordance with CEQA. RB~S:\GPA 3rd 2008\07-1808\Statf ReportalAdmin Report 07-1808 2nd.doc MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 21, 2008 SUBJECT: Sewer Connection Fee Assessments (Ward 7): A PROVED DEPARTMENT HEAD . CITY ATTORNEY-~L~~~~ CITY MANAGER 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Barbara Allen Steele, 2605 Bernice Drive, to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owners of the property at 2605 Bernice Drive desire to connect their property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owners to spread the connection fee over a five (5) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the connection cost in five equal payments over the next five years. dha S:\PROJECTS\SewerConFeeWdmin\2605 Bernice Drive.doc November 21, 2008, 8:16AM MEETING DATE: December 17, 2008 AGENDA SECTION: Consent ITEM /, TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: November 20, 2008 SUBJECT: Property Abatements APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S 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 authorize collection of the assessments by the Kem County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on December 8, 2008, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION ANN COST Ward 1/Councilmember Irma Carson 1. 440 E. Belle Terrace 169-140-01 $ 420.00 2. Vacant lot east of 440 E. Belle Terrace 169-150-01 $ 480.00 3. 204 Churchill Drive 169-102-28 $ 800.00 4. SEC Cottonwood Rd & Brook St 172-020-08 $ 400.00 5. South of 3617 Cottonwood Road 172-101-21 $ 399.00 November 20, 2008, 11:OOAM S:\DanaWDMINS\2008\Dec\12-17-Property Abatements.doc ADMINISTRATIVE REPORT Page 2 of 3 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 6. 217'/z Daniels Lane 139-351-05 $ 800.00 7. 137 Donna Avenue 010-042-05 $ 494.00 8. 3610 Hale Street 172-052-09 $ 474.00 9. 1101 Jimson Street 412-151-03 $ 620.00 10. 108 S. Kincaid Street 168-172-04 $ 550.00 11. 329 S. King Street 018-140-20 $ 629.00 12. 5504 La Pinta Maria Drive 173-570-09 $ 575.00 13. 3220 Lotus Lane 170-190-09 $ 1,095.00 14. 19 Milham Drive 139-432-02 $ 424.00 15. 39 S. Owens Street 018-260-15 $ 480.00 16. Vacant lot between 3503 & 3605 Oliver St 172-102-17 $ 399.00 17. Vacant lot south of 3503 Oliver Street 172-102-16 $ 399.00 18. Vacant lot north of 3605 Oliver Street 172-102-18 $ 399.00 19. Vacant lot north of 3620 Oliver Street 172-101-27 $ 399.00 20. 1723 E. Planz Road 172-041-05 $ 574.00 21. 324 T Street 010-063-10 $ 424.00 22. 360 S. Union Avenue 169-110-08 $ 460.00 23. 600 S. Union Avenue 169-120-14 $ 1,035.00 24. 915 Watts Drive 170-132-09 $ 500.00 Ward 2lCouncilmember Sue Benham 25. 1311 Eureka Street 017-330-03 $ 800.00 26. 1228 Kentucky Street 015-400-09 $ 600.00 27. 1118 Lake Street 015-340-12 $ 525.00 28. 1126 E. 18"' Street 017-180-10 $ 1,090.00 29. 1008 Acacia Avenue 021-220-15 $ 650.00 30. 2907 Bucknell Street 021-051-19 $ 700.00 31. 3204 Occidental Street 021-391-03 $ 600.00 32. 2507 University Avenue 383-051-08 $ 485.00 33. 3101 Wenatchee Avenue 383-142-01 $ 399.00 Ward 4JCouncilmember Couch 34. 515 Flathead River Court 409-500-04 $ 600.00 35. 12802 Shallow Water Court 409-601-21 $ 494.00 Ward 5/Councilmember Harold Hanson 36. 9120 Carvalho Court 392-251-06 $ 590.00 37. 11103 Golden Valley Drive 497-264-01 $ 600.00 38. 10004 Grizzly Street 497-590-10 $ 550.00 November 20, 2008, 11:02AM S:1Dana\ADMINS\2008\Dec112-17-Property Abatements.doc ADMINISTRATIVE REPORT Page 3 of 3 PROPERTY LOCATION AP~N COST Ward 61Coucilmember Jacauie Sullivan 39. 5415 Sierra Pine Court 499-352-16 $ 525.00 40. 5305 Summer Solstice Drive 499-341-05 $ 650.00 Ward 7/Councilmember Zack Scrivner 41. 610 Berkshire Road 516-261-10 $ 650.00 42. 2423 Brazil Avenue 51441-01 $ 500.00 43. 1400 Interlaken Drive 517-434-01 $ 525.00 44. 1404 Interlaken Drive 517-442-11 $ 500.00 45. 4800 Margalo Avenue 371-081-04 $ 794.00 46. 315 Midnight Court 516-452-24 $ 600.00 47. 3417 Ridgemont Street 371-41424. $ 375.00 48. 1130 Taos Way 516-422-07 $ 300.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. November 20, 2008, 11:03AM S:\Dana1ADMINS\2008\Dec\12-17-Property Abatements.doc A ~ ~ ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 2, 2008 SUBJECT: Exchange of Real Property APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ,e.S 1. Resolution declaring real property located at 2847 Van Buren Place surplus to needs of the City. 2. Agreement with Christ Cathedral Church to exchange City property for a sump within Tentative Tract 6921 located north of Rosedale Highway and west of Allen Road. (Ward 6) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: Christ Cathedral Church (CCC) is currently in the design stages for developing Tentative Tract 6921. As a condition precedent to the recording of their Tentative Tract, Public Works has determined the need for a public road connecting to Allen Road. In order to develop this public road, CCC would have to cross a City sump adjacent to the Tentative Tract. City and CCC have agreed to exchange properties to make this possible. CCC has backfilled City sump and built a new sump that is large enough to receive drainage from the surrounding area. It would be in the City's best interest to acquire the newly built sump and have a public road built connecting to Allen Road in exchange for City owned sump. The city will benefit from having a new larger sump and a new public road that will improve the flow of trafi'tc. Staff is recommending the approval of the exchange agreement. ENB/s Christ Cathedral Sump exchange.doc November 18, 2008 A ~ J ~ ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~~, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: September 23, 2008 SUBJECT: Sale of Real Property APPROVED DEPARTMENT HEAD CITY ATTORNEY 1~ CITY MANAGER ~S 1. Resolution declaring real property located north of Mall View Road, east of the East Hills Mall surplus to needs of the City. 2. Agreement with Gardens at East Hills, LLC to purchase property located north of Mall View Road, east of the East Hills Mall for $196,000.00. 3. Amendment No. 1 to Agreement No. 08-025 with Gardens At East Hills Mall LLC and Irv Guinn Construction. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreements. BACKGROUND: In 1989 the State of California relinquished two drainage retention basins located south of Highway 178 at Mount Vernon and Oswell Streets to the City of Bakersfield. On August 16, 2006, the City Council approved Agreement No. 06-227 for the sale of the western 3.92 acres of the drainage retention basin at Highway 178 and Oswell Street. The sale was to the new owners of the East Hills Mall, Gardens at East Hills Mall, (GERM) who purchased the property to facilitate the expansion of the East Hills Mall shopping center. This was very similar to when the owners of the Valley Plaza Mall purchased another former Caltrans sump to allow construction of the Pacific Theaters. Then on January 30, 2008, the City Council approved Agreement No. 08-026 with for the sale of an easement to construct a parking structure over the remaining 4.49 acres of the original drainage retention basin. Now GERM has requested to purchase the underlying fee simple interest in the remaining 4.49 acres of the drainage basin to facilitate the financing of their project. In the original agreement GERM paid $196,000 for the easement which represented 50% of the fee simple value as established by an independent appraisal prepared by Karpe, Fisher, Merriman, Inc. In this agreement GERM will pay the other $196,000 for the underlying fee simple interest in the 4.49 acres. In order for the City to find the property surplus to our needs the GERM will be required to reconstruct the drainage retention basin in accordance with plans reviewed and approved by the City and Caltrans. Accordingly, as a condition of the original sale (Agreement No. 08-25) GERM was required to post a performance bond to ensure completion of the drainage improvements necessitated by GEHM's project. DMA/s 12/5!2008 P:\MyFilesWdmin Reports\East Hills sale E2.doc A ~ ~ ~ ADMINISTRATIVE REPORT Now that GEHM's project has changed from constructing a parking structure over the remaining drainage retention basin to completely filling it and redirecting the water to a sump it was necessary to amend Agreement No. 08-025. The Planning Department found the sale consistent with the Metropolitan Bakersfield 2010 General Plan. DMA/s 12/5/2008 P:\MyFilesWdmin Reports\East Hills sale E2.doc MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: J Q, TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: November 14, 2008 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Resolution Adopting the Investment Policy of the City. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution places the City in conformance with Section 53646 of the California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. There. have been no changes to the California Government Code since the last investment policy and therefore there are no changes to the current policy. November 14, 2008, 8:31AM P:\INVESTMENT POLICYWdmin report invest policy.doc 6- B~°~ A h O~ Mcovv n~re ~S h "• CA l U ~~..,,.P ~ ADMINISTRATIVE REPORT gG1F0 N~ MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: T0: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief December 4, 2008 Purchase of Hazardous Materials Response Vehicle-with Combination of Federal Grant Funds and City Funds: 1. Resolution determining that the Hazardous Materials Response Vehicle cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $546,234. 2. Appropriate $500,000 Federal grant revenue (Homeland Security) and appropriate $46,234 Equipment Management Fund Balance to the Public Works Department Operating Budget within the Equipment Management fund for the purchase of the Hazardous Materials Response Vehicle from Pierce Manufacturing Inc. PROVED DEPARTMENT HEAD l ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of the resolution and the appropriations. BACKGROUND: Fire Staff obtained $500,000 from the Office of Homeland Security for the purchase of a Hazardous Material Response vehicle. The Homeland Security grant is a Federal grant. It makes its way to the City via the Kern Operational Area. Kern County, asub-grantee to the State, and the City, asub-grantee to the County, have worked together on this funding. The City and County share the same operational area; therefore, the City is a beneficiary from this operational area in that this grant is allocated to the City for the purchase of a Hazardous Materials Response Vehicle. This purchase will replace our twenty year old Hazardous Materials Response Vehicle which is used to respond to all hazards material incidents throughout the City. Since 2000, all Fire apparatus purchases have been with Pierce Manufacturing due to their Quantum cab and chassis. This has resulted in advantages for drivability, maintenance, and safety. The Fire Department reviewed and compared bids from the City of Hanford, the Houston-Galveston Area Council, and General Services Administration (GSA). The GSA pricing was selected; it was the lowest bid of the three. MH/HHW/s S:\SUSANWdmin Report Word\Dec 17 items\HMRV admin rept sole source approp.doc 12/5/2008 A ~+ J ~ ° ADMINISTRATIVE REPORT ~, 0 MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Ron Fraze, Fire Chief DATE: December 5, 2008 „r.y. PROVED DEPARTMENT HEAD CITY ATTORNEY ' CITY MANAGER ~S SUBJECT: 1. Resolution determining that the City Manager, or his designee, is appointed as agent authorized to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California to the County of Kern and through the County of Kern to the City of Bakersfield. 2. Approval of Memorandum of Understanding between the City of Bakersfield and the County of Kern -Homeland Security Grant funding Agreement for Equipment, Software, Training, Planning or Other Professional Services that Require Contractual Waivers of Liability, Mutual Indemnification or Other Restrictive Contractual Requirements RECOMMENDATION: Staff recommends approval of the Resolution and the Memorandum of Understanding. BACKGROUND: This Resolution appointing the City Manager as the City agent and the Memorandum of Understanding between the City of Bakersfield ("City") and the County of Kern ("County") are necessary because the County is the designated sub-grantee for Homeland Security Grants on behalf of the Kern Operational Area, and the CITY is part of the Kern Operational Area. As required by Grant guidelines, the designated Anti-Terrorism Approval Body ("Approval Authority") which is required to include the County Fire Chief, the Sheriff, the Emergency Medical Services Department Director, and a representative from both the Kern Police Chiefs and Kern Fire Chiefs Associations, must approve grant applications and expenditures of grant funds. The Approval Authority has approved an allocation of $647,000 in grant funds to procure equipment, software, training or other professional services on behalf of the CITY to fund the City's Hazardous Materials Response and Readiness Project ("HAZMAT PROJECT"). 1. City of Bakersfield FY 2008 HAZMAT PROJECT Grant The City of Bakersfield Fire Department continually conducts risk assessments. The prominent industries located throughout the City include agriculture, chemical and oil production. Hundreds of high- pressure petroleum & natural gas transmission lines, major state transportation routes and railroad lines also run through the City. Hazardous material response needs were identified in 1986 and Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) risks have increased steadily since that assessment. December 8, 2008, 4:37PM S:\SUSANWdmin Report Word\Dec 17 items)Fire.MOU.HomelandSecurityGrants.doc ADMINISTRATIVE REPORT To strengthen response and protection capabilities, a specialized Hazardous Materials Response Vehicle will be procured for the City of Bakersfield Fire Department. This resource will link the operational needs identified in the City's emergency plan to response capabilities. The vehicle will enhance CBRNE response and improve decontamination capabilities. The grant funding to procure the specialized Hazardous Materials Response Vehicle approved for FY2008 Homeland Security Grant funding is not to exceed Five Hundred Thousand Dollars ($500,000). 2. City of Bakersfield FY 2008 Greater Bakersfield Medical Response System (MMRS) Grant The Greater Bakersfield Medical Response System (MMRS) program has served the local community since 2002. As the lead agency for this project, the Bakersfield Fire Department continues to create a system to meets the target capabilities of Emergency Triage and Pre-Hospital Treatment and the subsequent Target Capabilities List established by the Homeland Security Grant program. The Bakersfield Fire Department assumes a leadership role supporting first responder's efforts to effectively manage an event that presents a large number of persons seeking emergency or acute medical care. Effective assessment and response within the first 72 hours of an event is critical to the community's resilience and ability to recover from a disaster. The City of Bakersfield's FY2008 MMRS grant will reimburse the City of Bakersfield for personnel costs incurred to develop and enhance MMRS plans and protocols not to exceed One Hundred Forty Seven Thousand Dollars ($147,000). JHR:dII December 8, 2008, 4:37PM S:\SUSANVIdmin Report Word\Dec 17 kems\Fire.MOU.HomelandSewrityGrante.doc BAKE O~ycoavow~r~a S ADMINISTRATIVE REPORT ~ ~~~~ gLIF MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~. ~- TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 19, 2008 Resolutions forming Traffic Signal Maintenance Districts and preliminarily adopting, confirming and approving the Public Works Director's Report: 1. Resolution to form area TS-18 (NW corner of S. H St. and Berkshire Rd.) Ward 7 2. Resolution to form area TS-15 (420 34th St.) Ward 2 APPROVED DEPARTMENT HEAD ~z~ ~.. CITY ATTORNEY,~~~ CITY MANAGER ~.S RECOMMENDATION: Staff recommends adopting the Resolutions. BACKGROUND: On 11/19/08, the Council adopted Resolution of Intention No.'s 1626 and 1628 to form Traffic Signal Maintenance Districts at the locations listed above. Inclusion in a Traffic Signal Maintenance District will provide for the maintenance of convenient traffic signals within the district. Staff is recommending the formation of the new Traffic Signal Maintenance Districts at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Traffic Signal Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Traffic Signal Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision map. ps G:\GROUPDAT\ADMINRPT\2008\12-17\TS-15 & TS-18 resolution admin.doc BA E O~~coarox~r ~S !. '~ /~ ADMINISTRATIVE REPORT ~ t~ P LIFO MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 19, 2008 APPROVED DEPARTMENT HEAD `{'f CITY ATTORNEY CITY MANAGER /t-y SUBJECT: Resolution adding Area 4-89 (Mt. Vernon, Bernard NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On November 19, 2008 the Council adopted Resolution of Intention No. 1627 to add the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owners of the property described above which waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners also have submitted Proposition 218 ballots indicating their consent to the assessment. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision maps. ps G:\GROUPDATW DMINRPT\2008\ 12-17\MD 4-89 ResolutionAdmin.doc BA O~ 3weroe.r~~s~ , U d ADMINISTRATIVE REPORT c yw'~.,,..- LIFO MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ , TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 18, 2008 APPROVED DEPARTMENT HEAD ^~ d CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1629 to add territory, Area 3-66 (Taft Hwy, Old River Rd NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. (Ward 5) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. ps G:\GROUPDATWDM[NRPT\2008\12-17UtOI 1629 MD 3-66 admin.doc MEETING DATE: Decemberl7, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~, ~ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 3, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S Final Map and Improvement Agreement with Bakersfield Scenic River, LLC, for Tract Map 7123 located north of Meany Avenue and east of Coffee Road. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for ~~the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rg December 3, 2008, 4:04PM G:\GROUPDATWDMINRPT\2008\12-1TMap and Improvement Agreement TR7123.doc ~ A ~+ S ~ ~ ~~ d ADMINISTRATIVE REPORT ~~,~. LIF MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 4, 2008 Median Island on Hosking Avenue between Zermatt Street and Tract 6368 (Southwest Corner of Hosking Avenue and Shannon Drive -Ward 7): 1. Agreement with Moreland Family, LLC ($42,000.00) for construction of Median Island Improvements on Hosking Avenue between Zermatt Street and Tract 6368. 2. Appropriate $35,400 developer share of project cost to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: Development along both sides of Hosking Avenue between South H Street and Shannon Drive /Monitor Street has been done in several phases by several different developers. Some of those previous developments were constructed without the median island being built. Those developers paid a fee instead of building the median island. These median fees remain in a trust account until such time the median island is to be constructed. With construction of the most recent tract in this area (Tract 6368), there is a gap in the median island. That gap poses a potential safety issue for vehicles on Hosking Avenue. Moreland Family, LLC, the developer of Tract 6368, has agreed to construct the median island improvements necessary to close that gap. In addition, they will construct hardscape improvements within some of the existing median islands. The funding source for the reimbursement to Moreland Family, LLC for the construction of these median improvements will be a combination of previously collected median fees and Gas Tax Funds. $35,400 of median fees has been collected from developers. The remaining amount of $6,600 ($42,000 less $35,400) will be funded by a budgeted CIP project for median improvements. (adr) December 4, 2008 G:\GROUPDA7IADMINRPT12008\12-17\Hosking Ave Median Island.doc ~ B.wy ~` • ADMINISTRATIVE REPORT c ~ LIFO MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: December 5, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Nolte Associates, Inc., for Construction Management Services for the Westside Parkway Phase I -Mohawk Extension ($4,193,571.48). (Ward 2) RECOMMENDATION: Staff recommends award of agreement. BACKGROUND: This contract 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. Bridges will be constructed over the Kern River, the BNSF railroad, as well as over the future Westside Parkway. The roadway will include provisions for the on and off ramp connections to the future Westside Parkway. Staff issued a Request for Proposals (RFP) for Construction Management Services for the Westside Parkway Project. Seven fines responded to this RFP: Nolte Associates (Madera, California) Lim and Nascimento Engineering (Lake Forest, California 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. Security Paving Company, Inc. was awarded the construction contract for the Westside Parkway Phase I - Mohawk Extension Project on November 4, 2008. It is anticipated that construction will begin early January 2009. December 8, 2008, 3:11 PM G:IGROUPDATWDMINRPT\2008\12-17\NoIteCM Agreement-Admin1.doc ProjectNo.: T9WP10 ADMINISTRATIVE REPORT City recommends Nolte Associate, Inc., to be selected to perform Construction Management services for this project. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review. December 8, 2008, 3:11 PM G:\GROUPDATWDMINRPT12008\12-17\Nofte CM Agreement - Admin1.doc Project No.: T9WP10 ~~ ~`.j ~`~"~::~~- ADMINISTRATIVE REPORT •~; +,. :h MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: J, V , TO: Honorable. Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: December 3, 2008 DEPARTMENT HEAD APP VED CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Muxlow Construction for $50,000 of Community Development Block Grant funds to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. (All Wards) RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield's consolidated Plan 2010 has identified accessibility improvements as a high priority with 78% of the disabled population falling under the 80% of the City's median income level. Each year the City's Community Development Block Grant Program reserves funding for the Home Accessibility (HA) Grant Program. The Program provides grants of up to $3,500 per household for constructing accessibility improvements/modifications. Up to $1,000 of additional funds under the agreement are used to address the costs of complying with Federal and State lead-based paint regulations for low income physically challenged residents who live in residential structures. Approximately 32 residential dwelling units are retrofitted each year under the HA Grant Program. Types of improvements include exterior ramps, hand rails, grab bars, handicap toilets, and door widening. A Request for Proposal (RFP) for HA annual contract services was issued to five contractors in November 2008 which produced one bid. In review of the bid, Muxlow Construction was deemed the most qualified and only responsible bidder. Muxlow Construction holds aLead-Based Paint Supervisor Certification which is a regulatory requirement for work on homes which were built prior to January 1, 1979. This Agreement will allow the City's residents to continue receiving the much needed handicap accessibility improvements through an annual services contract with an experienced and licensed contractor. S:1AdminslCity Council\City Council Admins 2008\Muxlow HA 08-09.doc 12/3/2008 4:49 PM i, / ~•I ~.. ~`~~`~` ~~ ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~, U, TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: December 3, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Contract to purchase real property located at 408 and 424 20`h Street for $470,717 from Sean Minor and Zachary Forster for public parking and developing a staging area for the Mill Creek and Central Park. RECOMMENDATION: Staff recommends approval and authorize the execution of all purchase related documents. BACKGROUND: On April 2, 2008 the Bakersfield Redevelopment Agency approved a nine (9) month purchase option agreement RA 08-006, with Sean Minor and Zachary Forster for .83 acres of real property located adjacent to Central Park on 20`h street. The nine purchase month option will expire on January 2, 2009. The property is currently a dirt lot that is fenced and contains several disabled and damaged vehicles and heavy equipment pieces. The owners have agreed to sell the property to the Redevelopment Agency for an amount of $13.00 per foot or a total of $470,717. This is an integral piece of property that will be developed for public parking and a staging area for the Mill Creek and Central Park and is needed to complete the Mill Creek Plan. Recent acquisition activity by the Agency along Mill Creek has resulted in land values between $10.00 and $14.00 per foot. The option price includes all relocation costs (removal of the autos and equipment) and any potential goodwill claims. Staff is requesting approval to execute all necessary documents to purchase the property. S:WdminslCity Council\City Council Admins 2008\20th Street Purchase Agrmt 121708.doc 12/3/2008 4:46 PM MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~~, ,Z-, TO: Honorable Mayor and City Council FROM: Dianne Hoover, Recreation & Parks Director DATE: December 4, 2008 APP//R~~ OVED DEPARTMENT HEAD L T CITY ATTORNEY ~d CITY MANAGER SUBJECT: Agreement with Kern High School District (KHSD) for use of aquatic facilities for practice and swim meets. (Wards 1, 2 and 6). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield for use of aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool and Dr. Martin Luther King, Jr. Pool for practice and swim meets for payment to the City in an amount not to exceed $50,000. Each year, the City has entered into an agreement, whereby KHSD utilizes these facilities from February 2, 2009 through May 18, 2009 at mutually agreed upon times. ds December 4, 2008, 3:02PM S:\RECREATION DIVISIONWquatics\Reports\Admin Reports\KHSD Admin 12-17-2008.doc ~ •, ~ ~ ~ U ADMINISTRATIVE REP c ~, ORT F MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~~~ aQ, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 9, 2008 Traffic Impact Fee Agreement with Castle & Cooke California, Inc. ($175,012.00 credit) for improvements on Stockdale Highway. (Ward 4) PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~P,S RECOMMENDATION: Staff recommends approval of the agreement BACKGROUND: Castle & Cooke California, Inc. has constructed a traffic signal at the intersection of Stockdale Highway and Renfro Road and is eligible for Transportation Impact Fee credit. The total amount of credit from the Transportation Impact Fee Facilities List (Facilities List) apportioned to this project is $175,012. This amount was based upon the value of improvements as listed on the Facilities List. The developer has requested that the transportation impact fee credit available from this improvement be applied to impact fees due on Tract 6448. phs G:\GROUPDATWDMINRPT12008\12-17\Castle 8 Cooke T1F Agreement.doc 12/9/2006 12:42:52 PM (rev.) A ~ .,~ r ADMINISTRATIVE REP U ORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: 11 hG TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD, ~' DATE: December 4, 2008 CITY ATTORNEY CITY MANAGER ~S SUBJECT: License Agreement with the North Kern Water Storage District (NKWSD) for the construction, operation, and maintenance of canal intertie facilities between the Calloway Canal and the Cross Valley Canal within City owned property. (Ward 2) RECOMMENDATION: Staff recommends approval of License Agreement. BACKGROUND: The North Kern Water Storage District owns and operates the Calloway Canal. To be able to provide flexibility to their water supply system, they wish to construct a canal intertie facility between their Calloway Canal and the Kern County Water Agency's Cross Valley Canal (CVC) at a location parallel to and just east of the Friant-Kern Canal. The NKWSD requires a License Agreement from the City to be able to construct, operate and maintain this canal intertie facility because a portion of it would cross property acquired by the City for the Westside Parkway project. The City Water Department has worked with NKWSD to ensure that appropriate water conveyance measures are included to protect and compensate the City for this facility. And TRIP staff have also worked with NKWSD to ensure this project does not conflict with the construction of the Westside Parkway project. December 5, 2008, 11:49AM G:IGROUPDAl1ADMINRPT12008\12-1TNorth Kem License Agreement admin.doc KPB A ~ S ~ ~ ADMINISTRATIVE REPORT C ~ u~ MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: 1 I n . TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney Raul Rojas, Public Works Director DATE: December 4, 2008 APPROVED DEPARTMENT HEAD l CITY ATTORNEY-~~71_'°~. CITY MANAGER ,PS SUBJECT: Reimbursement Agreement with Big West of California, Inc. in the amount of $323,000 for abandonment and removal of certain pipeline facilities as part of the Westside Parkway Project. (Ward 2) RECOMMENDATION: Staff recommends adoption of the agreement. BACKGROUND: The City of Bakersfield has been acquiring properties and entering into agreements with various entities for removal of facilities to accommodate construction of the Westside Parkway Project. Big West of California, Inc. was named as a defendant by the City in its eminent domain action entitled City of Bakersfield v. Big West of California, Inc., etc., Kern County Superior Court Case No. S-1500-CV-260449 WDP. The parties are currently engaged in settlement negotiations to resolve this matter. However, in the interim, in order to accommodate construction of portions of the Westside Parkway, it is necessary for Big West to abandon and remove certain pipelines and install fencing. Pursuant to the terms of the Reimbursement Agreement, the City will reimburse Big West its actual cost to perform this work. The estimated total for this work is $323,000. State Transportation Impact Program (STIP) monies will be used to make payments under this agreement. RMS:Isc December 4, 2008, 10:35AM S:\COUNCILWdmins\08-09 Admins\BigWestReimbAgr.doc A F, ~ ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: 11 .,P.,1 TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 3, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~,S SUBJECT: Amendment No. 1 to Agreement No. 07-416 with Krazan & Associates, Inc., ($31,500; for a total not-to-exceed compensation of $489,628.75) for Material Testing Services for Various Construction Projects, Calendar Years 2008 and 2009. RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: Agreement No. 07-416 with Krazan & Associates, Inc. was approved by the City Council on December 12, 2007 with a not to exceed compensation clause of $458,128.75. The amount of compensation was estimated based upon 1) previous years' contracts for testing, 2) projected amount of testing needed for the CIP budget years covered, and 3) current hourly rates of the laboratories and field technicians. The general prevailing wage rate paid to field technicians has been increased by the State of California Department of Industrial Relations during the course of this agreement. Due to this increase, the hourly rate charged to the City of Bakersfield for a field technician needs to be adjusted from $63 per hour to $70 per hour. This will result in a total increase of $31,500 to this agreement This amendment adjusts the total compensation to $489,628.75. Funding for this amendment will be from budgeted Capital Improvement Projects. G:IGROUPDATIADMINRPT12008\12-17\Amend 1 Agreement 07-416.doc RM MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ (, per, TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 4, 2008 APPROVED DEPARTMENT HEAD /y~ CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 07-424 with Toter, Incorporated ($100,000) revised not to exceed $397,000 and extending term for one (1) year for the annual contract for trash carts. (Citywide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On December 12, 2007, Council awarded. the annual contract for trash carts for the Solid Waste Division to Toter, Incorporated in the amount of $297,000. The annual contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. If approved, Amendment No. 1 will add $100,000 for a revised not to exceed amount of $397,000 and will extend term one year to expire December 10, 2009. Extending the Agreement allows the City to continue to receive trash carts compatible with the City's refuse equipment. Purchasing Division S:~PURCHWDMIMAmendmentsV~rrrendment #1 to Agreement 07-424, Toter, Incorporated, AC Trash Carts, December 17, 2008.doc December 4, 2008, 10:34AM MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~/, TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 3, 2008 APPROVED DEPARTMENT HEAD /V CITY ATTORNEY CITY MANAGER ~S SUBJECT: Amendment No. 1 to Agreement No. 07-175 with HPS Mechanical, Incorporated (revised not to exceed amount of $401,870 and extending the term to June 30, 2009) for Annual Contract -Sewer Connection and Abandonment. (Ward 1) RECOMMENDATION: Staff recommends approval of amendment No. 1 to the agreement. BACKGROUND: On June 6, 2007, Council awarded the annual contract for sewer connection and septic tank abandonment for the McDonald Way/Stockdale Area Sewer Assessment Project to HPS Mechanical in the amount of $205,000. The original contract was based on funds provided by the Department of Housing and Urban Development with a project completion date of April 30 2009. If approved, Amendment No. 1 will add available funds in the amount of $196,870 and will extend the contract term to June 30, 2009 to allow completion of the project for sewer connection applications received by December 31, 2008. The contractor, HPS Mechanical, Incorporated has agreed to the increase and extension of the current contract under the same terms and conditions. Purchasing Division S:~PURCHWDMINVImendmentsVimendment No. 1 to Agreement 07-175, HPS Mechanical, December 17, 2008.doc O~coo~ ~ ~ ° ADMINISTRATIVE REPORT c ~~ ~' IFO MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: 1 I ~ „ TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 3, 2008 PPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY /~~ CITY MANAGER F-~ SUBJECT: Approve Amendment No. 1 to Agreement 06-208 with Dokken Engineering, for Engineering Design Services for the Westside Parkway Project Phase IV (additional $2,272,000.00). (TRIP) (Ward 2) RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: Dokken Engineering is currently under contract to provide Engineering Design Services (Final Construction Plans) for the Westside Parkway Project Phase I -Mohawk Street Extension from Truxtun Avenue to Rosedale Highway. Phase I included the design of the Westside Parkway/Mohawk Street interchange. And since Phase IV of the Westside Parkway was a relatively small segment that would connect directly to this interchange from Truxtun Avenue, it had been planned all along that the firm selected to provide Engineering Design Services for Phase I would also provide those ,services for Phase IV. But at the time Phase I was awarded, the preliminary design of Phase IV (conceptually how it would cross the Kern River and connect to Truxtun Avenue) was not complete, and so Dokken could not accurately define at that time their scope of work and fee for Engineering Design Services for Phase IV. Dokken has now completed most of their work for Phase I (the project is to begin construction in January 2009), and the preliminary design of Phase IV has been completed so that a scope and fee could be determined. Dokken Engineering is now ready to begin preparing the Final Construction Plans for Phase IV. (Westside Parkway Project Phases II, III, V and VI Final Construction Plans are being completed by AECOM USA, Inc. under a separate agreement.) The work, in general, consists of the final design of the Westside Parkway Phase IV - Truxtun Tie-in, an east-west connection from Mohawk Street to Truxtun Avenue. Adequate State funds have been previously budgeted for this engineering work. Due to the voluminous nafure of the exhibits to this agreement, they are on file in the City Clerk's Office for review. December 9, 2008, 8:43AM G:\GROUPDATWDMINRPT\2008\12-17\Dokken Amendment 1 - Admin.doc T9WP40 ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: 1 / w ~. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 9, 2008 APPROVED DEPARTMENT HEAD /',/,.} CITY ATTORNEY CITY MANAGER ~GJ SUBJECT: Amendment No. 1 to Consultant's Agreement No. 06-023 with MuniServices, LLC to expand the scope of work to include fuel tax and credits recovery services. RECOMMENDATION: Staff recommends approval of contract amendment. BACKGROUND: The City entered into Agreement No. 06-023 with MuniServices (Consultant) on January 25, 2006, for sales and use tax audit "backstop" services and business license audit "backstop" services. This proposed Amendment will expand their services by adding fuel tax and credits recovery services to the original agreement. Services include a compliance review of the City's vehicle fuel purchase and verfication that the City is receiving applicable fuel tax refunds or credits for vehicle fuel purchases. MuniServices will investigate and obtain for the City any tax refunds or credits due which we are not currently receiving. The Consultant has a high degree of experience and expertise in this area which City staff does not have or City staff is unable to accomplish due to time constraints or limited resources. Compensation for the fuel tax and credit recovery service will be based on a contingency fee of 25% of the new revenue the City actually receives for a specified time period. nks December 9, 2008, 4:01 PM S:WdminWdmin Reports~Admin-muni svs amend 1 dec 2008.doc i ~.: ~,, I k ~.,~,;,,.. MI _~ ~... AD E..~ .~- NISTRATIVE r,~~;,=~~: REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~, '~, TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: December 3, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 08-192 with Bakersfield Senior Center, Inc. ($20,000, total not to exceed $85,000) of Community Development Block Grant funds for operational expenses at 530 4`h Street. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors for 25 years to continue its mission to encourage older adults to participate in a volunteer activities and programs as an integral part of the community The City has provided Community Development Block Grant (CDBG) funds to BSC since 2002 due to the reduction in donations which continues to impact the center's operations. This increase is being requested due to the economic times and further reduction in donations. BSC continues to provide services through the center to ensure the health and welfare of seniors including services such as congregant meals. In order to continue the meals at the current service rate and due to the rising costs associated with serving the meals BSC needs additional funding in the amount of $20,000. Staff recommends an Amendment to the original agreement to increase the CDBG funding by $20,000 making the agreement a total of $85,000. S:Wdmins\City Counal\City Council Admins 2008Wmendment BSC 08-09 Admin 111808.doc A ~ ~ .ADMINISTRATIVE REPORT w 1 MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ll. ~ : . TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: December 1, 2008 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P., to provide legal services to handle right-of-way/eminent domain cases for the Westside Parkway, in an amount not to exceed $175,000. (Wards 2, 4, and 5) RECOMMENDATION: Staff recommends approval of the second amendment to the Agreement. BACKGROUND: On June 27, 2007 the City and the law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. entered into Agreement No. 07-184 whereby Griswold, LaSalle agreed to handle six right-of-way/eminent domain matters on behalf of the City for the Westside Parkway. The Agreement was amended on February 27, 2008 to increase the number of right-of-way/eminent domain matters to ten. The total contract amount was $150,000. The City is now in the process of obtaining temporary construction easements (`TCEs") in order to build a sound wall along the east-west Phase II portion of the Westside Parkway. City staff has or is currently negotiating acquisitions with most of the property owners who own approximately 80 parcels along this alignment. It is estimated that the City will have to obtain five to ten of the TCEs through initiation of eminent domain proceedings. The law firm of Griswold LaSalle has agreed to handle these legal matters for an additional $25,000, thereby making the total contract amount $175,000. Funds to pay for attorneys' services have been budgeted in the Public Works Department and are covered by State Transportation Improvement Program money. S \~~UN~ILWdmins\OS-09 AdminsWttyAgr07-184Amd2.GriswoldLasSalle-WP.dot December 1, 2008, 4:41PM MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: I I. ILK. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 4, 2008 APPROVED DEPARTMENT HEAD /II'~ CITY ATTORNEY_ _ ~'(~ CITY MANAGER ~S SUBJECT: Amendment No. 2 to Agreement No. 06-345 with Valley Pacific Petroleum Services, Incorporated extending the term for one (1) year and adding $4,000,000 (for a total not to exceed amount of $12,000,000) to the Annual Contract for gasoline and diesel fuel. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On November 15, 2006, Council awarded the Annual Contract for gasoline and diesel fuel to Valley Pacific Petroleum for a one (1) year period at $4,000,000; renewable annually thereafter for four (4) consecutive one-year periods. On November 28, 2007, Council executed Amendment No. 1 adding an additional $4,000,000 for a revised not to exceed amount of $8,000,000 and extending term one year to expire December 2008. If approved, Amendment No. 2 will add $4,000,000 for a revised not to exceed amount of $12,000,000 and will extend term one year to expire December 2009. 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:~PURCHWDMIMAmendmentslAmendment #t2 to Agreement 06-345, Valley Pacific, AC Fuel, December 17, 2008.doc December 5, 2008, 9:19AM A ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ I _ I I _ TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~~ DATE: December 3, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 4 through 9 to Agreement No. 08-062 with Granite Construction ($50,279.50; for a revised not to exceed amount of $8,215,931.50) for the project known as Allen Road Improvements between Ming Avenue and Stockdale Highway (Ward 4). RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: This project provides for the construction of new roadway on the Allen Road alignment across the Kem River between Stockdale Highway and Ming Avenue. Contact Change Order No. 4 provides for the deletion of the construction of the right tum lane on Stockdale Highway. at Allen Road. Due to the need to obtain additional right-of--way, this element will need to be constructed at a later date. This Change Order also provides for increasing the spacing of hangers for a steel casing to be mounted to the new bridge. The decrease in contract item quantities resulting from these modifications will provide a credit of ($94,671.50). Contract Change Order No. 5 provides for the installation and maintenance of fencing for Environmentally Sensitive Area (ESA) fencing. The environmental permits obtained by the City for this project require ESA fencing around the entire project area. The contractor has agreed to install and maintain this fencing on behalf of the City on a time and materials basis for an amount not to exceed $30,000. Contract Change Order No. 6 provides for relocating an existing drain outlet. A conflict with this drain outlet and a new driveway to be constructed as part of this project was discovered during the course of construction. The contractor has agreed to relocate the existing drain outlet for a lump sum price of $5,250. Contract Change Order No. 7 provides for 50% participation in initiating a formal "Partnering" process. The partnering process establishes a formal relationship in which current and future project issues can be resolved in an expeditious and cost effective manner. This process involves a "partnering facilitator" who helps to identify, track, and facilitate potential project issues. The City's 50% contribution to this effort will result in a cost of $5,000. Contract Change Order No. 8 provides for upgrading sewer pipe. The supplier of the specified sewer pipe has indicated that they can not warranty their product when it is installed in a steel casing on a curved alignment. As such, the sewer pipe needs to be upgraded to a "restrained joint" pipe. The contractor has agreed to supply and install this pipe upgrade for a lump sum cost of $24,755. December 4, 2008, 11:38AM G:\GROUPDATWDMINRPT12008\12-17\000s 4 - 9 Allen Road Bridge and Improvements.doc ADMINISTRATIVE REPORT Contract Change Order No. 9 provides for modifications to the soundwall being installed along Allen Road. These modifications include, increasing the height of the wall to provide at least 6 feet of height in existing backyards, modifying the type of block to discourage graffiti, changing the color of the wall from gray to a tan color, extending side yard fences on existing properties to tie into the new soundwall, removal of trees and stumps in conflict with the new soundwall, and modifying a water line that is in conflict with the foundation of the new soundwall. The contractor has agreed to provide these modifications for a total cost of $79,946. The net cost increase of Change Orders 4 through 9 is $50,279.50. The change orders to date on this project reflect a total cost increase of $120,315.50 (which is an increase of 1.5% of the original contract amount) as illustrated below: • Original Contract Amount = $8,095,616.00 • Amended Contract Agreement after Change Orders = $8,215,931.50 Net Increase to date = $ 120,315.50 December 4, 2008, 11:38AM G:\GROUPDAIIADMINRPT12008\12-17\000s 4 - 9 Allen Road Bridge and Improvements.doc ~tl ~~ ~ , ~ ADMINISTRATIVE REPORT ~ ,t.. 1 MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: I1 TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 4, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~P.S SUBJECT: Contract Change Order No. 40 to Agreement No. 07-304 with Security Paving Construction ($74,641.25 for a revised not to exceed amount of $29,606,891.30) for the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route 178 at Fairfax Road and the extension of the freeway from 0.12 miles east of the Oswell Street overcrossing to approximately 0.19 miles west of Morning Drive. Change Order No. 40 provides for the installation of a new service connection for the landscape irrigation system from the existing East Niles Community Services District (ENCSD) water mainline in Fairfax Road. It had been originally planned to have ENCSD perform this work as part of their water service connection; however, ENCSD could not meet the time lines required for the project and so staff is recommending that Security Paving do this work instead as part of their contract for the interchange. The net cost increase of Change Order No. 40 is $74,641.25. This provides a total cost increase of $277,445.20 (which is a 0.96% increase from the original total contract price) as illustrated below: • Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10 • Previous Change Orders = $ 202,803.95 • Current Change Order No. 40 = $ 74,641.25 • Amended Contract Agreement after Change Orders = $29,606,891.30 Net Increase to date = $ 277,445.20 Adequate state/federal funds have been previously budgeted to cover these additional costs. G:\GROUPDATWDMINRPT\2008\12-1 TAdmin Rpt CCO 40 Fairtax Interchange Project -.doc Project # T7K021 MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: I I . n t1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director December 4, 2008 Accept bids from DDL. Traffic, Inc. ($32,845.35), McCain, Inc. ($121,386.07) and Valmont Industries ($132,014.10) for signal equipment. (Citywide) APPROVED DEPARTMENT HEAD /V~ CITY ATTORNEY CITY MANAGER ~S' RECOMMENDATION: Staff recommends acceptance of bids for signal equipment. BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for signal equipment. Eight (8) bids were received in response to the solicitation. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split as follows: BIDDER AMOUNT DDL Traffic, Inc. $ 32,845.35 Chino Hills, California McCain, Inc. $121,386.07 Vista, Califomia Valmont Industries $132,014.10 Valley, Nebraska A spreadsheet showing unit prices is attached. Purchasing Division S:~PURCHWDMIMSignal Equipment, 08-09-33, December 17, 2008.doc MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ((, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 01, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ ~.S SUBJECT: Accept bid and award contract to Granite Construction ($701,268.10) for Street Improvements: Double Left Turn Lane Construction at the Intersection of White Lane at Ashe Road (Ward 6). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of modifying existing median islands on White Lane and modifying existing striping on Ashe Road to accommodate double left tum lanes in all four directions. Work will also involve modifying curbs, gutters, sidewalks, drive approaches, access ramps, traffic signal, interconnect conductor and conduits, and relocating roadside signs, the traffic signal controller cabinet and electrical service pedestal. This project is funded by Intermodal Surface Transportation Efficiency Act funds, and Gas Tax funds. The Engineer's Estimate was $831,000. There are sufficient funds in the project account to award this contract. On November 05, 2008, a total of five bids were received; all of which are acceptable. Those acceptable bids are as follows: Granite Construction Company 585 West Beach Street in the amount of $701 268.10 Watsonville, CA 95076 , A.C. Materials, Inc. 3527 Brian Way in the amount of $726,778.75 Bakersfield, CA 93308 (County) Griffith Company 1898 South Union Avenue in the amount of $729,396.00 Bakersfield, CA 93307 (City) V. Lopez Jr. & Sons, Inc. 200 E. Fester #101 in the amount of $763,084.88 Santa Maria, CA 93454 Lockwood General Engineering, Inc. 10533 W. Goshen Avenue in the amount of $1,224,979.03 Visalia, CA 93291 PW/Design Engineering/SL (T7K139) December 1, 2008, 4:05PM G:\GROUPDATWDMINRPT\T7K139-STREET IMP-DOUBLE LEFT TURN-WHITEASHE.doc ~, ~, ~ + ~ U ~ ADMINISTRATIVE REPORT LIF MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: 1 ! ~ „ TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 3, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER S Accept bid and award contract to Griffith Company ($1,319,645.00) for Resurfacing and Reconstruction: Federal Fiscal Year 2007/2008 - Phase I (Vl/ards 2 and 6). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of resurfacing New Stine Road from Wilson Road to Ming Avenue, and Oak Street from Brundage Lane to Truxtun Avenue, and reconstruction of the existing roadway on Pacheco Road from Stine Road to Akers Road. The City is using the full depth reclamation (FDR) process to reconstruct the pavement on Pacheco Road. This process consists of reclaiming the existing pavement structural section and then injecting it with asphalt emulsion. This FDR process is similar to the one recently used on Camino Media. This project also includes some roadway repairs, striping, pavement markings, modification of access ramps, and traffic signal detector loops. The project's funding will be 88.53% federal funds and 11.47% from the Gas Tax Fund. The Engineer's Estimate for this project was $1,656,500. On November 19, 2008, a total of six bids were received; all of those are acceptable. Those acceptable bids are as follows: Griffith Company 1898 South Union Avenue in the amount of ($1,319,645.00) Bakersfield, CA 93307 (City) Granite Construction Company 585 W. Beach Street in the amount of ($1,364,682.85) Watsonville, CA 95076 A/C Materials, Inc 3527 Brian Way in the amount of ($1,381,600.01) Bakersfield, CA 93308 (City) Burtch Construction Inc. 18815 Hwy. 65 in the amount of ($1,555,104.07) Bakersfield, CA 93308 (City) PW/Design EngineeringWOE Page 1 of 2 December 5, 2008, 9:38AM G:IGROUPDATWDMINRPT\2008\12-17\Resurfacing_Reconstruction Phase I - T8K119.doc ADMINISTRATIVE REPORT Cruco Construction Group 2443 Foundry Park Ave. Fresno, CA 93706 Maverick Asphalt, Inc. 3131 Wear St. Bakersfield, CA 93308 (City) in the amount of in the amount of ($1,561,341.30) ($1,620,895.00) PW/Design EngineeringUOE Page 2 of 2 December 5, 2008, 9:38AM G:\GROUPDATWDMINRPT\2008\12-17\Resurfacing_Reconstruction Phase I - T8K119.doc A ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: I I ., ., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 3, 2008 Accept bid and award contract to Griffith Company ($1,296,794.00) for Resurtacing: Federal Fiscal Year 2007/2008 -Phase II (Wards 1, 2, and 3). APPROVED DEPARTMENT HEAD -~ `~--~ CITY ATTORNEY CITY MANAGER ~S RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of resurtacin~g University Avenue from Haley Street to Mount Vernon, Q Street from Golden State Highway to 31 Street, 4~' Street from H Street to P Street, and Brundage Lane from Chester Avenue to Union Avenue. This project also includes some roadway repairs, striping, pavement markings, modification of access ramps, and traffic signal detector loops. The project's funding will be 88.53% federal funds and 11.47% from the Gas Tax Fund. The Engineer's Estimate for this project was $1,564,400. On November 19, 2008, a total of six bids were received; three of those bids are acceptable. Those acceptable bids are as follows: Griffith Company 1898 South Union Avenue in the amount of $1,296,794.00 Bakersfield, CA 93307 (City) A/C Materials, Inc. 3527 Brian Way in the amount of $1,334,338.10 Bakersfield, CA 93308 (City) Granite Construction Company 585 W. Beach Street in the amount of $1,346,499.25 Watsonville, CA 95076 PW/Design EngineeringlJOE December 4, 2008, 2:17PM G:\GROUPDA'TIADMINRPT~2008\12-171Resurfacing Phase II - TSK148.doc F Bo, ADMI NISTRATIVE REPORT ~* L/ MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~~, rr TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 5, 2008 AP ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept low bid and award contract to Precision Analytical, Inc. ($183,980.60) to construct the Driveway Entrance Remodel United States Postal Service (U.S.P.S.) Hillcrest Carrier Annex Project. (Ward 3) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: During development of the design of the SR178/Fairtax Road interchange project, Caltrans required that their standard be met that prohibits driveways being located on streets near to the point where their freeway on and off ramps intersect with the street. Westbound on and off ramps to/from SR178 intersect Auburn Street nearly opposite of an existing driveway that serves the U.S.P.S. Hillcrest Carrier Annex Facility. This caused the need to close this driveway and provide alternative access to the Postal Facility. This resulted in the only other feasible access being from Auburn Oaks Drive adjacent to the north side of the Postal Facility. The City has worked with U.S.P.S. for several years on this project, has already purchased some additional property for this new access, and is currently installing a traffic signal at Fairtax Road and Auburn Oaks Drive all to facilitate this new access. This project will now complete this new access and close the current access to Auburn Street. As several large trucks access this facility daily, U.S.P.S. standards require concrete pavement in the areas where these trucks drive on the Facility site and this pavement is part of this project. The project also includes installing new driveway entrances to Auburn Oaks Drive, some walls, fencing, and landscaping/planter areas. The Engineer's Estimate for this construction contract was $177,733.00. Sufficient funds are budgeted to award this contract. On November 13, 2008, a total of five bids were received; all of those bids were acceptable. Those acceptable bids are as follows: Precision Analytical, Inc. (City) 321 19~' St. Bakersfield, CA 93301 Carvalho Construction, Inc. 540 Doverlee Dr. Orcutt, CA 93455 $183,980.60 $189, 990.00 December 4, 2008, 2:04PM G:IGROUPDATIADMINRPT\2008\12-17\Driveway Entrance Remodel Project Admin.doc ADMINISTRATIVE REPORT JTS Construction (City) $192,228.30 7001 McDivitt Dr., Ste. B Bakersfield, CA 93313 Victory Engineers, Inc. $193,212.00 575 E. Alluvial Ave. Se. 106 Fresno, CA 93720 Griffith (County) $284,851.00 1898 S. Union Avenue Bakersfield, CA 93307 December 4, 2008, 2:04PM G:\GROUPDAIIADMINRPT\2008\12-17\Driveway Entrance Remodel Project Admin.doc A ~ ~ U ADMINISTRATIVE REPORT ~, LI 0 MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: 55 . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 4, 2008 CITY MANAGER Accept bid and award contract to Water Splash, Inc. ($78,475.68) for Saunders Park Wet Play Equipment (Ward 1). APPROVED DEPARTMENT HEAD ~~ ~'t-~` CITY ATTORNEY ~~ RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: City staff requested Vortex to prepare an acceptable design for Saunders Park Wet Play based upon previous equipment used at other spray parks. City staff also requested Vortex to prepare specifications for all features which could be included in the City's bid package. The City then advertised this equipment bid on October 23, 2008 for "approved equal" products. After reviewing submitted "or equal" proposals, City staff determined that only manufacturers of stainless steel equipment would be acceptable bidders for this park. On November 18, 2008, Design Engineering issued a letter to the three acceptable bidders. Funding for this equipment is from the Park Improvement Fund. The Engineer's Estimate was $107,000. Sufi'icient funds are budgeted to award this contract. On November 26, 2008, a total of four bids were received; two of those bids are acceptable. Those acceptable bids are as follows: Water Splash, Inc. 818 Suite 110 West 9~' Avenue Wilmington, DE 19801 in amount of $78,475.68 Miracle Playground Sales 9196 Stellar Court Corona, CA 92883 (Vortex) in amount of $97,692.70 WGM P9C104 December 4, 2008, 4:36PM G:\GROUPDAIIADMINRPT12008\12-17\Saunders Park Wet Play Equipment Purchase.doc G:\G ROUPDATIADM I NRPTIADM IN FORM. doc A ~ ~ ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: J, .~.~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 4, 2008 APPROVED DEPARTMENT HEAD ~,r - ~/ CITY ATTORNEY CITY MANAGER ~S Accept bid and award contract to A/C Materials, Inc. ($566,599.45) for the construction of the Shoulder Paving Various Locations: S. Mt. Vemon Ave. & E. Planz Rd. (Ward 1). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The City designed plans and specifications for a shoulder paving project along S. Mt. Vernon Ave. McIntosh and Associates was working on another project that required construction of a water line within our shoulder paving limits. Due to the water line construction the City decided to coordinate both projects together, minimizing our construction efforts. This bid is the product of that coordination effort. Both projects are federally funded (CMAQ) projects. The engineer's estimate was $947,460. There are sufficient funds for the construction of the projects. On December 2, 2008, a total of seven (7) bids were received; all of those bids are acceptable. Those acceptable bids are as follows: A/C Materials, Inc. 3527 Brian Way Bakersfield, CA 93308 (City) in the amount of $566,599.45 Granite Construction Company 585 W. Beach St. Watsonville, CA 95076 in the amount of $613,316.00 The Aleco Corporation 1706 Sunnyside Ct. Bakersfield, CA 93308 (City) in the amount of $677,111.00 Griffith Company 1898 South Union Ave. Bakersfield, CA 93307 (City) in the amount of $693,487.00 Cruco Construction Group, Inc. 2443 Foundry Park Ave. Fresno, CA 93706 in the amount of $714,504.50 December 4, 2008, 2:17PM G:\GROUPDATWDMINRPT12008\12-1TShoulder Paving 8 Water Line - S. Mt. Vemon Ave.doc ADMINISTRATIVE REPORT Maverick Asphalt, Inc. 3131 Wear Street Bakersfield, CA 93308 (City) V. Lopez Jr. & Sons, Inc. 200 E. Fester, Ste 101 Santa Maria, CA 93454 (tma) (T5K155 & 08K103) in the amount of in the amount of $751, 025.84 $862, 360.75 December 4, 2008, 2:17PM G:\GROUPDATWDMINRPT\2008\12-171Shoulder Paving & Water Line - S. Mt. Vemon Ave.doc A ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: /~, U u , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director December 4, 2008 Accept bid and award contract to Pickinpaugh Concrete Construction, Incorporated (not to exceed $100,000) for the annual provision -Block Wall Repair. (Citywide) APPROVED DEPARTMENT HEAD__ /,~/~ CITY ATTORNEY CITY MANAGER ~S RECOMMENDATION: Staff recommends acceptance of the bid, award of contract and authorization for staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms. BACKGROUND: In August 2007, a bid solicitation was processed for the Annual Contract for Block Wall Repair. No bids were received. In order to continue the repairing of damaged block walls, the Recreation and Parks Department processed departmental agreements with Gonzales Multi Masonry. In October 2008 the City made another attempt to solicit bids for block wall repair. Invitations to bid were sent to over eight hundred (800) bidders who met the basic licensing requirements for the Annual Contract for Block Wall Repair. One bid was received from Pickinpaugh Concrete Construction, Incorporated, Bakersfield. The City's previous vendor declined to bid due to recent media publicity. Other potential bidders contacted were either unable to meet the City's bonding requirements or were not interested in promising a timely response in repairing damaged walls. Staff finds the sole bid from Pickinpaugh Concrete Construction, Incorporated, to be acceptable and recommends award of the contract in the amount of $100,000 for the annual provision for Block Wall Repair. Each individual repair project and cost quote will still be reviewed at the staff level prior to authorization of work to begin on each specific repair job. Purchasing Division Kb S:IPURCHWDMINIAC f3lodc WaII Repair, 08-09-29, Pickinpaugh Concrete, December 17, 2008.doc A ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: y, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director December 3, 2008 APPROVED DEPARTMENT HEAD /~' CITY ATTORNEY CITY MANAGER ~.S Rescind bid award to Bakersfield Truck Center ($297,628.74) for one (1) side loading refuse truck. RECOMMENDATION: Staff recommends rescinding award to Bakersfield Truck Center. BACKGROUND: On June 11, 2008, Council awarded a side loading refuse truck in the amount of $297,628.74 to Bakersfield Truck Center. In a letter dated November 21, 2008, Bakersfield Truck Center has requested to be relieved of the obligation to supply the refuse truck due to their inability to guarantee delivery of the awarded item. Staff has reviewed this request and recommends rescinding the bid award and will request approval to replace this item from another vendor on a separate agenda item at this evening's meeting. Purchasing Division S:IPURCHWDMIIV1Side Loading Refuse Truck, Rescind Award, December 17, 2008.doc December 4, 2008, 10:18AM MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: W W, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 3, 2008 APPROVED DEPARTMENT HEAD /VS CITY ATTORNEY CITY MANAGER ~S SUBJECT: Accept bid from Golden State Peterbilt in the amount of $2,557,030.75 for two (2) replacement LNG front loading refuse trucks and seven (7) LNG side loading refuse trucks (6-replacement, 1-additional) for the Public Works Department Solid Waste Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing LNG refuse trucks for the Solid Waste Division. Two (2) acceptable bids were received in response to solicitation and are as follows. BIDDER FRONT LOADING 12) SIDE LOADING (71 Golden State Peterbilt $488,509.42 $2,068,421.33 Bakersfield, California Bakersfield Truck Center $549,676.80 $2,306,448.35 Bakersfield, California The Refuse Trucks to be replaced have reached their life expectancy and are costing more to operate and are breaking down more frequently. These refuse trucks operate on diesel, new refuse trucks will be LNG powered and will operate cleaner than diesel. The Kern Council of Governments for the Congestion Mitigation and Air Quality Program (CMAQ) will fund $27,292 per unit of the incremental $30,828 cost difference between diesel and LNG (total funding available $226,000). The seven (7) LNG side loading refuse trucks quantity includes one (1) additional unit to replace a rescind award item referenced in a separate item on tonight's agenda. Staff finds the bid from Golden State Peterbilt, Bakersfield, California to be acceptable and recommends award of the bid and utilization of the approved CMAQ funding availability. Purchasing Division Kb S:IPURCHWDMIMFront and Side Loading Refuse Trucks, OS-09-21, 08-09-22, December 17, 2008.doc A pots F ~ ~~ ADMINISTRATIVE REPORT ~ ~.~ w~ t MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas -Public Works Director DATE: December 5, 2008 APPROVED j DEPARTMENT HEAD CITY ATTORNEY D^ CITY MANAGER IGJ SUBJECT: Accept bid and award contract to Housley Demolition Excavation ($72,975.00) for the demolition of 830 California Avenue the former Carriage Masters Building (Ward 2). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: In September, 2007 the Bakersfield Redevelopment Agency acquired the property at 830 California Avenue for future development of the commercial component of the Millcreek South, Mixed Use Project Federal Section 108 funds were used for this acquisition which required an extensive environmental review process including a Cultural Resources Record Search from the Southern San Joaquin Archaeological Information Center at CSUB. Upon completion, this report was forwarded to the State Historic Preservation Officer (SHPO) with findings that the property at issue was not listed in the National Register of Historic Places, the California Register, the California Inventory of Historic Resources or the California Points of Historical Interest Inventory. A subsequent response received by the City from SHPO stated that pursuant to 36 CFR Section 800.4(d) there were no objections to the determination that no historic properties will be affected by the undertaking and based upon this determination by SHPO the City of Bakersfield had completed the Historic review process. In addition to the above referenced actions, other documents were researched regarding the historical designation status of the subject property. These sources include the °Second Year Cultural Resources Survey" -Downtown Area, the Bakersfield Register of Historic Places" which refers to the official city list of designated cultural resources, historic districts, and areas of historic interest. 830 California Avenue was not included in these documents. A chronology of these actions is attached to the Administrative Report as "Attachment A". Further Actions: In June, 2008, a few members of the community voiced their concerns about the demolition of 830 California Avenue and contacted SHPO claiming. that the City did not identify and evaluate the property for National Register eligibility due to its unique architectural features and its association with the "established and noted" California architect Clarence Cullimore, Sr. This correspondence prompted a response from SHPO to the City suggesting that additional historical research be conducted on the property for potential placement on the National Register. To address this concern, staff proceeded in identifying other examples of the architects work including one commercial property at 801 18~' Street and 15 various residential properties. The property search supports that the 830 California Avenue property is not unique December 9, 2008, 4:01 PM G:IGROUPDATIADMINRP112008111-191Carriage Masters Demolition.doc ADMINISTRATIVE REPORT in relationship to its architectural features as the building at 801 18th Street contains the same the and bricks as the subject property. Additionally, staff identified several similar commercial buildings that used the same brick, the and architectural style as others in the immediate area indicating duplicative architectural efforts. Staff responded to the SHPO inquiry on December 9, 2008. See "Attachments B" for letter and related photos. Structural Concerns: In June, 2008, Economic and Community Development staff requested that the City Building Department conduct a structural observation survey and report back the findings. As a result of this survey it was found that the building has been ineffectively retrofitted, is structurally unsound and in its current use as a warehouse/industrial structure would require extensive and costly structural modifications to be used for any other purpose. The structural survey is attached to the Administrative Report as "Attachment C". Demolition Bids: Staff recommends demolition of the structure located at 830 California Avenue. On December 2, 2008, a total of twelve (12) bids were received; ten (10) of those bids are acceptable. Those acceptable bids are as follows: Housley Demolition Excavation 1816 S. Tamarack Visalia, CA 93277 in the amount of $72,975.00 Bowen Engineering & Environmental 4664 S. Cedar Ave. Fresno, CA 93725 in the amount of $78,880.00 Cal Lowbed Service, Inc. 4650 Rosedale Ln Bakersfield, CA 93314 (City) in the amount of $93,000.04 Caglia Demolition & Recycling 3457 S. Cedar Fresno, CA 93725 in the amount of $99,350.00 Kemen & Son Engineering Contractors 5499 Harrison Rd. Paradise, CA 95969 in the amount of $104,763.00 Dirt Worx, Inc. 2730 Unicorn Rd., Ste. A Bakersfield, CA 93308 (City) in the amount of $114,000.00 December 9, 2008, 4:01 PM G:IGROUPDATIADMINRPT12008\11-191Carriage Masters Demolltion.doc ADMINISTRATIVE REPORT Concrete Cutting Unlimited, Inc. 4101 Well Tech Way Bakersfield, CA 93308 (City) in the amount of $120,000.00 Gilliam & Sons, Inc. 9831 Rosedale Hwy Bakersfield, CA 93312 (City) in the amount of $129,399.00 Kroeker, Inc. 4627 S. Chestnut Ave. Fresno, CA 93725 in the amount of $133,974.00 American Wrecking, Inc. 2459 Lee Ave. South EI Monte, CA 91733 in the amount of $147,282.00 Conc= Staff has been working diligently over the past several years in preparation of the South Mill creek site for turnover to the two developers under contract with the Redevelopment Agency. As referenced in this staff report the due diligence process in the area of architectural and historical significance have been extensive and thorough. It is critical to the Millcreek Mixed Use Project that the scheduled demolition continues as planned. A vacant and boarded up building is unsafe, blighted and an eyesore to the project. It is a nuisance and attracts vagrancy, trash and vandalism. Maya Cinema is planning to begin construction work on approximately 30,000 square feet of new retail and restaurant pads in the next few months to provide a food and shopping. plaza for the new theater. Allowing the Carriage Master building to remain standing and boarded up gives the appearance of blight and neglect for the area and will make it difficult for Maya to attract quality tenants for the new Theater Plaza area. The public and private investment commitment for Mill Creek exceeds $300 million dollars. This investment will bring recreation, retail and food service amenities, affordable housing, new sales tax, property taxes and employment opportunities to the Southeast and Downtown community. Unnecessary delays to the project could result in forfeiture of several of these commitments to cash strapped federal and state financing agencies. An explanation of the Carriage Master Building demolition issues is attached to the Administrative Report as "Attachment D". December 9, 2008, 4:01 PM G:IGROUPDATVIDMINRPT2008\11-191Carriage Masters Demolltion.doc MEETING DATE: December 17, 2008 AGENDA SECTION: Consent Calendar ITEM: ~(, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 2, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY___t~~ CITY MANAGER SUBJECT: Audit Reports to be Referred to Budget and Finance Committee: 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, 2008. RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee. BACKGROUND: Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the City's Annual Audit Report, for the fiscal year ended June 30, 2008. The CAFR represents the City's financial statements as of June 30, 2008, which are audited by the accounting firm of Brown Armstrong Paulden McCown Starbuck Thornburgh 8~ Keeter, Accountancy Corporation. The current compliance report issued by the outside auditors indicates that the City complied, in all material respects, with accounting principals generally accepted in the United States of America. 2. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the Bakersfield Subregional Wastewater management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, indicates that the City was thirteen days late in submitting a tentative budget to the Technical Advisory Committee for their review and approval. There were no other audit findings. 3. Attached is a letter from the City's independent auditors Brown Armstrong Paulden McCown Starbuck Thornburgh &Keeter, Accountancy Corporation indicating they have completed their 1 of 2 S:VWminVldmin Reports~2008 CAFR refer to bud.doc December 2, 2008, 4:41 PM A OF y op U ~ ADMINISTR ATIVE REPORT .. F annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. 4. Attached is the independent audit report for the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center &Brighthouse Networks Amphitheatre, for the fiscal year ended June 30, 2008. This audit report presents the financial statements for this operational unit as of June 30, 2008. The City is under contract with SMG to manage the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center &Brighthouse Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an independent audit report to the City after the end of each fiscal year. This audit report was prepared by the accounting firm of Barbich, Longcrier, Hooper & King. 2of2 S:VWminWdmin Reports~2008 CAFR refer to bud.doc December 2, 2008, 4:41PM MEETING DATE: December 17, 2008 AGENDA SECTION: New Business ITEM: //, TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: November 24, 2008 SUBJECT: Fiscal Year 2008-09 Budget Reductions APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1. Reduce Council Contingency appropriations in the General Fund Non-departmental budget by $200,000. 2. Reduce Retiree Health Insurance appropriations in the General Fund Non- departmental budget by $2,500,000. RECOMMENDATION: Staff recommends approval. BACKGROUND: At the November 19, 2008 City Council meeting the City Manager presented an overview of the City's worsening budget situation as a result of current economic conditions. As part of the report the City Manager indicated that due to declining sales taxes and other revenues, it may be necessary to reduce the amount being annually set aside towards the retiree medical insurance unfunded liability in order to offset the amount of potential budget reductions. Due to the current economic situation, staff is recommending that the appropriations for retiree medical insurance be reduced by $2,500,000 for FY 2008-09. Additionally, there was discussion regarding Council Contingency and use of those funds to offset potential cuts to city operations. For the 2008-09 budget there is 250,000 budgeted in Council Contingency. To date none has been expended. Council Contingency is available at City Council discretion for unforeseen events or expenditures. In the past, Council Contingency has been used to fund a portion of increases to medical insurance premiums; sister city travel; contributions to non-profits including the Symphony, Museum of Art, Bakersfield Senior Center and the Bakersfield Music Theater; funding for capital projects such as the Aquatic and Ice Center and the southwest Fire and Police facility; funding of equipment such as dump trucks; and other contributions and programs. Based upon current financial circumstances, staff recommends reducing Council Contingency by $200,000 for FY 2008-09. December 9, 2008, 2:53PM Fiscal Year 2008-09 Budget reductions 12-17-08 B n KE[[~~ O~S(,OVOp,,r~ ~C ADMINISTRATIVE REPORT ~~~~ c9LIF0 ~ MEETING DATE: December 17, 2008 AGENDA SECTION: Hearing ITEM: Q, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 18, 2008 APPROVED DEPARTMENT HEAD ~ .'~,,,_ ~~ CITY ATTORNEY CITY MANAGER ~.S Public hearing to consider resolution adopting the 2007-2028 Regional Transportation Facilities List and Fee Schedule, Phase III. (All Wards) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code requires that the City Council adopt the Regional Transportation Facilities List and the Transportation Impact Fee Schedule annually. The Regional Transportation Facilities List includes those projects in the Metropolitan Bakersfield General Plan area which are included in the adopted Capital Improvement Plan annually updated by the City Council. These facilities constitute some of the regional facilities needed to maintain a LOS "C" or prevent the degradation of roads which are currently below LOS "C" as shown in the Metropolitan Bakersfield General Plan -- Circulation Element. This update includes the cost of living increase required by the City's ordinance. The last time the costs were updated, the fees and costs were brought current to 2006, so the Construction Cost Index from 2006 to 2007 was applied to the list and fee schedule. The 2006/2007 Construction Cost Index increase is 3.92%. The Traffic Impact Fee for asingle-family residence will increase from $7,066 to $7,343. It should also be noted that City Staff, in cooperation with County staff, are currently working on the Phase IV update of the Traffic Impact Fee Program. This update will include positive adjustments brought on by the Thomas Roads Improvement Program as well as updated traffic model information. Staff is recommending that the Regional Transportation Facilities List be revised as attached. Staff has revised the Facilities List to account for completed and modified projects. A summary sheet showing the changes is attached (See attached Exhibit C). phs G:\GROUPDAT\ADMINRPT\2008\12-17\TIF Schedule Increase Admin.doc oar ~ ~ ~~ ADMINISTRATIVE REPORT ~~ . !FO MEETING DATE: December 17, 2008 AGENDA SECTION: Deferred Business ITEM: /5, ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 9, 2008 CITY ATTORNEY CITY MANAGER Report on Recycling Program Issues: 1. The Cost of a Feasibility Study for Recycling Facilities (All Wards) 2. Possible Ways to Expand the City's Blue Cart Recycling Program (All Wards) APPROVED DEPARTMENT HEAD RECOMMENDATION: Staff recommends that the City Council receive and file this report, with no further action because: A. The City is currently on track to comply with the State recycling mandate. B. Revenues from the sale of recyclables are weak to nonexistent with the global market decline, leaving program and facility costs to be covered solely by service fees. C. The current economic climate would make it difficult for ratepayers to afford extra fees for new facilities or services. BACKGROUND: This report is to follow up on two different recycling issues previously addressed by the City Council, as described below. 1. Recvclinst Facility Feasibility Study At the May 21, 2008 City Council Meeting, staff was directed to develop a scope of work and budget for a joint City/County consultant study of the cost and advisability of a material recovery facility (MRF) for recycling. Staff issued a request for proposals to ten consulting firms. Proposals were received from three qualified firms. City and County staff have reviewed the proposals. The most qualified and least costly proposal was submitted by Shaw Environmental, Inc., at a cost of $119,050. The County would fund half of the study's cost based under the current City/County Solid Waste Memorandum of Understanding. The study would require seven months to complete. It would compare two differing approaches to expansion of the City's recycling program, which are: A. Collection of recyclables separately from refuse, and processing them at a "clean" MRF. B. Sorting of recyclables from raw refuse at a "dirty" MRF, without separate collection. During the course of obtaining proposals for the study, staff has found that most recycling programs use separate collection and the "clean" MRF approach, because clean recyclables have greater economic value. Programs using the "dirty" MRF approach actually sort only part of the commercial refuse, and SolidWaste (kb) G:\GROUPDATVIDMINRPT\2008\12-17\Recycling Report 12-17-08.doc December 9, 2008, 2:38 PM seldom recycle any of the raw residential refuse. Therefore, the study of a "dirty" MRF is not likely to address the issue of residential recycling. Since the May direction of City Council to develop the study, there have been some new events and changes, as follows. The national, state, and local economics have gone into crisis. Revenues at all levels are dropping. The unbudgeted study is $119,050, but a full MRF would be tens of millions of dollars. In the present economy, a reasonable argument could be made to save the $119,050 since the capital and operating expenses of the full project are likely unaffordable anyway. Finally, part of the reason for contemplating a MRF was anticipation of State law changes that might increase recycling mandates. While an increased mandate has not come out of the legislature, Senate Bill 1016 has just been enacted to emphasize more program-oriented recycling rather than simple changes in percentages. Jumping into an expensive MRF before seeing how the State will enforce SB 1016 could be a costly mistake. 2. Possible Expansion of the Blue Cart Recvclino Program At the March 31, 2008 Budget and Finance Committee meeting, Council Member Benham requested staff to look into possible expansion of the City's blue cart recycling program to include multi-unit dwellings and commercial locations. These and other efforts to expand the program are discussed below: A. Multi-Unit Dwelling Recycling -Staff prepared a cost estimate for blue cart service at multi-unit dwellings. The program would cost about $5.64 per month per dwelling unit in small complexes, and $3.04 per month per dwelling unit in large complexes. The program would result in a "recycling percentage" score of about 0.5% toward the 50% State mandate. B. Commercial Recycling -The City provides various commercial recycling options, as described below. Participation is limited, due to challenges many businesses face in educating their staff and spending time separating recyclables. For example, the City has to sometimes cancel cardboard bin service due to trash being placed repeatedly in recycling bins. Staff is continuing to show businesses how to recycle and reduce their refuse bills. 1. Cardboard Bins - A dedicated route picks up cardboard from fast food and retail locations. Customers are charged less than refuse service, but participation is limited due to space needed for extra bins and turnover/training issues at the businesses. 2. Industrial Compactors -About one third of the large industrial compactor loads from major retail centers contain a mix of recyclables with very little trash, and are handled by the construction and demolition material sorting facility on Mt. Vernon Avenue. 3. Commercial Blue Carts -Blue recycling carts are available to businesses at the same $4 per month fee as the residential program, and several dozen businesses participate. However, many businesses choose not to participate due to the in-house labor needed to handle separate sets of waste baskets and recycling bins in their buildings. C. Residential Blue Cart Program Expansion - A variety of tactics have been used or considered to increase participation in the residential blue cart program: 1. Program flyers were clipped directly to 45,000 trash carts to get the attention of residents, with a refrigerator magnet clip as a gift. Unfortunately, only about 250 new signups resulted from this effort. SolidWaste (kb) G:\GROUPDATVIDMINRPT\2008\12-17\Recycling Report 12-17-08.doc December 9, 2008, 2:38 PM 2. The basic service level for all new residential customers could be changed from one tan and green cart to include a tan, green, and blue cart. This could easily be done for all newly constructed homes. However, it would be difficult to administer this for ownership changes for existing homes, as the City does not normally receive notice of home ownership changes from the County Assessor's Office. This topic may be further considered by the Budget and Finance Committee. 3. Fee incentives for using blue carts in place of extra tan refuse carts have worked to some extent. After the City Council increased the extra tan cart fee and lowered the blue cart fee in 2007, several hundred homes switched to blue carts. However, several hundred homes still use extra refuse carts. The Budget and Finance Committee may wish to consider further increasing the extra refuse cart fee. 4. The billing system for the blue cart program is a burden for the customers and needs to be streamlined. To save printing and mailing costs, the current system bills quarterly instead of monthly. However, these small $12 quarterly bills are often overlooked or confusing to people who are accustomed to monthly bills. A customer survey indicated that most participants would like to include the recycling fee on their property tax bill to avoid writing a quarterly check for only $12. The Budget and Finance Committee may wish to consider a change in the billing system. 5. Local processing of recyclables is being developed. Currently, mixed recyclables from the blue cart program are sorted by a company in Fresno. Bids were recently received for the City's sorting equipment to be paid for by a $1,500,000 State grant. The equipment bid award will be placed on a January 2009 agenda. Staff will soon issue a request for proposals (RFP) for a sorting contractor to use the equipment to sort and sell recyclables. However, the RFP process may be delayed because market prices are at zero value since the global demand for raw materials has ceased in the current recession. Staff recommends that the Council receive and file this report for future reference. The City is currently on track to comply with the State recycling mandate, and the current economic climate would make it difficult for residents, landlords, and businesses to pay for additional facilities and programs. ### SolidWaste (kb) G:\GROUPDATWDMINRPT\2008\12-17\Recycling Report 12-17-08.doc December 9, 2008, 2:38 PM A ~ ~ ADMINISTRATIVE REPORT MEETING DATE: December 17, 2008 AGENDA SECTION: New Business ITEM: G , 0. , TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerks DEPARTMENT HEAD C, DATE: December 5, 2008 ~~,,~~ __ CITY ATTORNEY CITY MANAGER S SUBJECT: Election of Vice-Mayor. RECOMMENDATION: To be determined by Council. BACKGROUND: Following a Council election, and in accordance with City Charter, Council shall elect one of its members Vice-Mayor at the first meeting the new Council takes office. At the next regularly scheduled City Council meeting on January 14, 2009, and in accordance with Section 2.02.020 of the Municipal Code, the newly elected Vice-Mayor shall make appointments to all committees. The following is a list of current standing, ad hoc committees and other Special Board appointees, to be filled on that date: Standino Committees: Budget and Finance Community Services Legislative and Litigation Personnel Other Vice-Mavor Anaointments: Kem Council of Governments Kern Economic Development Kem County Museum Authority P~ Planning and Development Safe Neighborhoods and Community Relations Water Resources Local Agency Formation Commission Solid Waste Management Advisory Planning Commission Liaison December 5, 2008, 3:57PM s:electione\admin rpt\7006\vice-mayorelection BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 19, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS Kenneth Cannon spoke regarding the motto for Bakersfield, urged the City Council to change the motto from "Bakersfield, Life As It Should Be" to Bakersfield, A Great Place to Live", submitted a copy of his written. statement, and provided bumper stickers. 3. APPOINTMENTS None. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 5, 2008 Regular City Council Meeting. Payments: ACTION TAKEN b. Approval of department payments from October 24, ABS WEIR 2008 to November 6, 2008 in the amount of $11,218,033.32 and self-insurance payments from October 24, 2008 to November 6, 2008 in the amount of $194,018.72. Bakersfield, California, November 19, 2008 -Page 2 4. CONSENT CALENDAR continued Ordinances: c. First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 103-19) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to revised PCD on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of Union Avenue (ZC #08-0595 - Hughes Surveying representing Sigford Investment, LLC). d. First Reading of Ordinance amending Section 17.06.020 (Zone Map 143-06) of the Municipal Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest corner of Taft Highway and Chevalier Road (ZC #08-0491 -Moreland Consulting Inc. representing Mid Town Development). e. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 8.41 acres located on the north side of Mall View Road, south of Highway 178, approximately 1/4-mile west of Oswell Street. (ZC #08-0472 - KSA Group Architects representing Gardens at East Hills, LLC) (FR 11/05/08) Adoption of Ordinance amending Municipal Code Section 1.12.010 by adding Annexation No. 581 consisting of 77.72 acres, located on the east side of Fairfax Road, south of Redbank Road to Ward 1. (FR 11/05/08) g. Amendment No. 4 to Agreement No. 97-39 with Public Employees' Retirement System (PERS): Adoption of Ordinance authorizing an amendment to the Contract of Administration of the Public Employees' Retirement System to provide Section 21354.5 (2.7°~ ~ 55 full formula) and Section 20037 (three year final compensation) for the local miscellaneous members. (FR 10/22/08) ACTION TAKEN FR FR ORD 4546 ORD 4547 ORD 4548 Bakersfield, California, November 19, 2008 -Page 3 4. CONSENT CALENDAR continued 2. Agreement with the Public Employees' Retirement System to provide Section 21354.5 (2.7% ~ 55 full formula) and Section 20037 (three year final compensation). Resolutions: h. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City of which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. ACTION TAKEN AGR 97-39(4) RES 189-08 Resolution approving application proposing RES 190-08 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 610 consisting of 186.70 acres, located at the southwest comer of Old River Road and Taft Highway. j. Resolution ordering the summary vacation of a RES 191-08 public road easement dedication, two storm drain easements and a sewer easement south of Brimhall Road and approximately 701.50 feet west of Coffee Road. Master Agreement with the State of California, Department of Transportation (Caltrans) for State Funded Projects: Resolution authorizing the Public Works RES 192-08 Director or designee to execute Program Supplemental Agreements and any amendments to those particular agreements with Caltrans in order to receive state funding for transportation projects. 2. Agreement with Caltrans (Master Agreement qGR 08-199 No. 00210S). Hazardous Materials Emergency Preparedness (HMEP) Grant: Resolution approving the application for the RES 193-08 HMEP Grant. Bakersfield, California, November 19, 2008 -Page 4 4. CONSENT CALENDAR continued ACTION TAKEN Item 4.1. continued 2. Amend Agreement with Robert Olson (not to AGR 08-200 exceed $66,805.00) for the completion of Emergency Operating Plan and requisite training. m. Local Emergency Planning Commission (LEPC) Hazardous Materials Emergency Preparedness (HMEP) State Grant: Resolution approving the application for the RES 194-08 LEPC Grant. 2. Appropriate $25,000.00 to the Fire Department Operating Budget in the General Fund. Resolution of Intention No. 1627 to add territory, ROI 1627 Area 4-89 to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. o. Resolution of Intention (ROI) forming Traffic Signal Maintenance Districts and preliminarily adopting, confirming and approving the Public Works Director's Report: Resolution of Intention No. 1626 to form area ROI 1626 TS-18 (NW comer of S. "H" Street and Berkshire Rd). 2. Resolution of Intention No. 1628 to form area ROI 1628 TS-15 (420 34th Street). Agreements: p. Final Map and Improvement Agreements with Community Action Partnership of Kem for parcel AGR 08-201 map 11782 located south of East Brundage Lane AGR 08-202 and west of South Washington Street. q. License Agreement with CompuCom Systems, Inc. AGR 04-241(4) ($230,259.41) to provide microsoft licenses for 1,029 computers. r. Sump Easement and Common Use Agreement with AGR 08-204 the City, Kern Delta Water District, the Davis Family Trust and Panama and Gosford Retail, LLC. 4. Bakersfield, California, November 19, 2008 -Page 5 CONSENT CALENDAR continued ACTION TAKEN s. Utility Agreement with Southern California Gas Co. AGR 08-205 ($130,906.00) for the relocation of a high pressure gas pipeline across the Friant Kern Canal. (TRIP). t. Settlement Agreement with JP/CP, Inc. ($615,000.00) to purchase real property for the AGR 08-206 Westside Parkway Project located west of Coffee DEED 6994 DEED 6995 Road, south of Brimhall Road and north of the Kern River. u. Settlement Agreement with Chevron, USA for AGR 08-207 relocation of facilities near Mohawk Street as part of the Westside Parkway Project. v. Amendment No. 1 to Agreement No. 07-082 with AGR 07-082(1) AECOM USA, INC (formerly DMJM Harris, Inc.) ($4,712,207.00) for Engineering Design Services for the Westside Parkway Project. w. Amendment No. 2 to Agreement No. 03-310 for AGR 03-310(2) employment of Virginia Gennaro as City Attorney. x. Amendment No. 3 to Agreement No. 06-391 with AGR 06-391(3) Bradco Industrial Corporation ($100,000.00; not to exceed $1,059,000.00) and extending term for one (1) year for wood grinding and screening for Solid Waste Division. y. Wastewater Treatment Plant #3 - 2007 Expansion Project: Contract Change Order No. 3 to Agreement AGR 07-302 No. 07-302 with Kiewit Pacific Corporation CCO 3 ($393,003; total not to exceed $211,919,020.00) 2. Transfer $393,003.00 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. Bids: z. Accept bid and award contract to Precision Fertilizer AGR 08-208 Spreading (not to exceed $110,250.00) for the annual service -Hauling and Spreading Biosolids. Bakersfield, California, November 19, 2008 -Page 6 4. CONSENT CALENDAR continued ACTION TAKEN aa. Accept bid and award contract to Whitaker AGR 08-209 Contractors, Inc. ($763,727.00) for the construction of the Mill Creek Linear Park Phase 2 canal facilities. bb. Accept bid and award contract to Kem Pacific AGR 08-210 Construction Co. ($1,343,700.50) for the construction of the Mill Creek Linear Park Phase 4 canal facilities. cc. Accept bid and award contract to Granite Construction Co. ($856,856.00) for the construction AGR 08-211 of the Mill Creek Linear Park Phase 5A canal facilities. dd. Accept bid and award contract to Granite AGR 08-212 Construction Co. ($777,777.00) for the construction ABS COUCH of the Mill Creek Linear Park Phase 56 canal facilities. ee. Accept bid and award contract to Loop Electric. AGR 08-213 ($314,475.00) for street light conduit/wire installation on 17th, 18th and 19th Streets from "L" Street to Union Avenue. ff. Westside Parkway Phase I -Mohawk Street Extension Project (TRIP): Accept low base bid and award contract to AGR 08-214 Security Paving Company, Inc. ($27,728,219.81) to construct the Westside Parkway Phase I. 2. Appropriate $600,000.00 Sewer Enterprise fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget for construction of the sewer line portion of this project. 3. Appropriate $1,435,000.00 Domestic Water Fund balance to the Water Department's Capital Improvement Budget for the water line portion of the project. gg. Accept bid and award contract to Rock Bottom, Inc. AGR 08-215 ($619,874.00) for the Irrigation Improvements at Aera Park project. Bakersfield, California, November 19, 2008 -Page 7 4. CONSENT CALENDAR continued ACTION TAKEN hh. Accept bid and award contract to Michels AGR 08-216 Corporation ($1,902,718.00) to construct base bid portion of the sewer rehabilitation Gosford Road- McCutchen Road to District Boulevard Project. Accept bid and award contract to Woeste Electric, AGR 08-217 Inc. ($84,193.26) for the traffic signal and lighting system installation project at Hosking Avenue and Monitor Street. Miscellaneous: jj. Appropriate $61,430.00 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget to help fund Police Activities League crime prevention and education programs. kk. Appropriate $32,239.68 Federal Grant Revenues (FY2009 Sobriety Checkpoint Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime DUI checkpoints in the Traffic Division. Appropriate $4,804,995 Proposition 1 B, State Transportation Grant Revenue: Appropriate $2,500,000 Proposition 1 B funds to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund for the street improvements, White Lane from Dovewood Street to Wible Road Project. 2. Appropriate $2,304,995 Proposition 1 B funds to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund for the street improvements, Stockdale Highway from Country Club Entrance to Ashe Road and from Califomia Highway to Weatherly Drive Project. City Clerk McCarthy announced correspondence was received from the Law Offices of James W. Maddox, representing American Landscape, Inc., regarding item 4.gg. Bakersfield, California, November 19, 2008 -Page 8 4. CONSENT CALENDAR continued ACTION TAKEN Councilmember Weir announced he would abstain due to conflict of interest, source of income on item 4.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer on item 4.dd. Motion by Vice-Mayor Hanson to approve Consent Calendar items 4.a. through 4.11. 5. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of San Dimas Street south of 34th Street to the alley (Parcel B) and an area measuring 214 square feet south of the alley (Parcel A) and the alley south of 34th Street and east of San Dimas Street (Parcel C). b. Public Hearing to consider Resolution ordering the vacation of 17th Street between "R" Street and "S" Street for the development of the Mill Creek Linear Park Phase 5A. c. Public Hearing to consider Resolution amending the City's Non-disposal Facility Element of the Countywide Integrated Waste Management Plan by updating facility information. d. General Plan Amendment/Zone Change 07-1806; Scott Underhill and Mark Smith, representing Ashe Road, LLC, the property owners, have applied for a general plan amendment and zone change on 18.53 acres located at the southwest corner of Taft Highway (SR 119) and Stine Road. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 18.53 acres. 2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 142-03 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.53 acres. APPROVED RES 195-08 ABS BENHAM RES 196-OS RES 197-08 RES 198-08 FR Bakersfield, California, November 19, 2008 -Page 9 5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN e. General Plan Amendment No. 08-1033; the City has requested a general plan amendment to incorporate land use and circulation map changes previously adopted by the County Board of Supervisors. Resolution approving the Notice of RES 199-08 Exemption and adopting the general plan amendment to incorporate land use and circulation map changes approved by the County of Kern. General Plan Amendment/Zone-Change 08-1036; Marino & Associates, representing the Citygate Christian Center, the property owner, has applied for a general plan amendment and zone change on approximately 6.36 acres located between the 99 freeway and Ellashosh Street, south of McKee Road. 1. Resolution adopting the general plan RES 200-08 amendment changing the land use designation from R-IA (Resource -Intensive Agriculture) to LR (Low Density Residential) on approximately 6.36 acres. 2. First reading of Ordinance approving the FR Negative Declaration, amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to R-1-CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres. g. General Plan Amendment No. 08-1045; the City has requested to amend the Circulation Element of the Metropolitan Bakersfield General Plan on the project site located in the Kern Water Bank Area generally west of South Allen Road between Stockdale Highway and Taft Highway. Resolution approving the Notice of RES 201-08 Exemption and adopting the general plan amendment to the city's circulation element maps deleting street alignments and changing major street designations within the Kern Water Bank Area. Bakersfield, California, November 19, 2008 -Page 10 5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN h. General Plan Amendment No. 08-1128; Maurice Etchechury of Summit Engineering, on behalf of M&S Land Company, LLC, has applied for an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan and Specific Plan Line amendment for Allen Road south of Seventh Standard Road, and Etchart Road east of Allen Road. Resolution approving the Negative RES 202-08 Declaration and adopting the amendment to the Circulation Element of the Metropolitan Bakersfield General Plan and Specific Plan Line Amendment to realign Allen Road south of Seventh Standard Road and Etchart Road east of Allen Road on the circulation map. General Plan Amendment/Zone Change 08-1168; Todd Smith of Cannon Associates, representing Trimco, LLC, the property owners, have applied for a general plan amendment and zone change on approximately 60 acres generally located northeast of Morning Drive and Paladino Drive and a Specific Plan Line amendment for Morning Drive. 1. Resolution approving the Negative RES 203-08 Declaration and adopting the general plan amendment changing the land use designation from R-MP (Resource -Minerals & Petroleum) to LI (Light Industrial) on approximately 47 acres, and R-MP to HMR (High-Medium Density Residential) on approximately 14 acres, and a Specific Plan Line Amendment for Morning Drive. 2. First Reading of Ordinance approving the FR Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 104-07 from A (Agriculture) to M-1 (Light Manufacturing) on 47 acres, and A to R-2 (Limited Multi-Family Dwelling) on approximately 14 acres. Bakersfield, California, November 19, 2008 -Page 11 5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN General Plan Amendment/Zone Change 07-0655; DEFERRED TO NEXT Dave Dmohowski, Planning Premier Group, GPA CYCLE representing Woodmont Bakersfield, LLC, and John Giumarra Jr., the property owner, has applied for a general plan amendment and zone change on approximately 103 acres located west of South "H" Street, between Berkshire Road and Hosking Avenue, east of State Highway 99. 1. Resolution making findings and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 07- 0655 (Bakersfield Gateway Project). 2. Resolution adopting the general plan amendment changing the land use designation from LR (Low Density Residential), LMR (Low Medium Density Residential), and HMR (High Medium Density Residential) to GC (General Commercial) on approximately 77 acres and to change the circulation map by eliminating the collector segment (future Colony Street alignment) that transverses in a north-south direction through the project site. 3. First Reading of Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-25 from R-1 (One Family Dwelling) and C-2 (Regional Commercial) to C-27PCD (Regional Commercial/Planned Commercial Development) on approximately 103 acres. Staff. recommends deferral of the proposed project to the Next general plan cycle. Councilmember Benham announced she would abstain due to potential conflict of lnter9est g/ven her employment with Memorial Hospital and to avoid the appearance of impropriety on Item 5.a. Consent Calendar Hearings opened at 5:23 p.rn. No one spoke. Consent Calendar Hearings closed at 5:23 p.m. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar Hearfng Items 5.a through 5.j. Bakersfield, California, November 19, 2008 -Page 12 6. 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 case: 1. Sierra Club v. City, et al.; Ten Section, LLC Kern County Superior Court Case No. S- 1500-CV-263456 KCT ACTION TAKEN Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED Session at 5:24 p.m. Motion by Councilmember Couch to adjourn from APPROVED Closed Session at 6:32 p.m. RECONVENED MEETING - 6:44 p.m. 7. ROLL CALL Present: Mayor Hall,- Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 8. INVOCATION by Pastor Leon Frost, United Pentecostal Church. 9. PLEDGE OF ALLEGIANCE by Stephen Bush, 4th Grade Student at Thorner Elementary School. 10. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to NO REPORTABLE Government Code Section 54957.6. ACTION b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following case: Sierra Club v. City, et al.; Ten Section, LLC NO REPORTABLE Kem County Superior Court Case No. S- ACTION 1500-CV-263456 KCT Bakersfield, California, November 19, 2008 -Page 13 11. PRESENTATIONS ACTION TAKEN a. Presentation by Javier Lozano, Human Resources Manager, to department winners of the 2008 Employee Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City. Janet McCrea, Human Resources/City Manager's C±ffice; Marc Gauthier, Development Services; Vince Zaragoza, Economic and Community Development; Dawn Tamayo, Finance; Tim Lynch and Susan Magana, Fire; Melvin Johnson and Babette Baier, Police; Ted Wright and Kevin Bell, Public Works; Frank Hinojosa and Terri Elison, Recreation and Parks; and Terry Carlson, Water Resources. The recipient of the Extra Mile Award for 2008 was Luis Peralez, which was presented by Public Works Director Rojas. City Manager Tandy thanked the Employee Incentive Committee for their efforts. b. Presentation by Parsons of $20,000.00 donation for enhanced landscaping at Aera Park and donation of landscape architectural design for six Sister City Pavilions at Mill Creek Linear Park. Kevin Haboian and Surendra Thakral, officers of Parsons Corporation, made the presentation. Councilmember Benham thanked Parsons for the check and the donation of the work for the Sister City Pavilions. City Manager Tandy thanked Parsons. Mayor Hall thanked Parsons on behalf of the Bakersfield Sister City Project Corporation. 12. PUBLIC STATEMENTS None. Bakersfield, California, November 19, 2008 -Page 14 13. REPORTS a. Department of Housing & Urban Development (HUD), Action Plan Amendment No. 3 (FY 08/09) 8~ Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization Program funds. Economic Development Director Kunz provided an overview of the Neighborhood Stabilization Program. ACTION TAKEN Motion by ice-Mayor Hanson to approve and APPROVED authorize the City Manager to execute all necessary HUD documents. b. Update of Fiscal Year 2008-2009 Budget. Finance Director Smith gave an overview and provided a slide presentation. City Manager Tandy gave an overview and provided a slide presentation. Councilmember Scrivner asked staff to supply the new Rnancial sales tax information to the ire union. Councilmember Couch stressed that the downturn in the economy is real and that Council is open to all options and recommended discussing the issue of Council contingency. Councilmember Sullivan asked the City Manager to compare the current situation to previous bad times. City Manager Tandy responded that it is worse than either of the two previous times, which occurred in the early `90's and again in 2003, and is the worst economy since the Great Depression. In response to a question from Councilmember Weir, City Manager Tandy advised that a status report will be provided to the City Council in several weeks. In response to a question from Councilmember Carson, City Manager Tandy advised that the lion's share of the numbers regarding the departments who will be cut will be available to the City Council in about two weeks. Bakersfield, California, .November 19, 2008 -Page 15 14. HEARINGS ACTION TAKEN a. Zone Change 08-1044; Troy and Wilma Chastain, (property owners) applied for zone change on 0.238 acres, located at the northeast corner of Belle Terrace and Fiorito Street. Cynthia Thompson appealed the Planning Commission's decision. First Reading of Ordinance approving the FR Negative Declaration, denying the appeal and approving the Zone Change by amending Title 17 of the Municipal Code and amending Zoning Map No. 123-02 from R-S (Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square feet). City Clerk McCarthy announced staff received last minute correspondence in opposition to the zone change. Development Services Director Grady made staff comments. Hearing opened at 7:46 p.m. Scott Thackery, Chris Morgan, Cindy Thompson (also submitted written material), Gerald Patterson, and Kathleen Quinby (also showed photographs) spoke in opposition to the staff recommendation. Jim Delmarter (representing the property owners) and Troy Chastain spoke in support of the staff. recommendation. John Ferguson, Scott Thackery, Cindy Thompson, and Gerald Patterson spoke in rebuttal opposition to the staff recommendation. Jim Delmarter and Troy Chastain spoke in rebuttal support of the staff recommendation. Hearing closed at 8:19 p.m. Motion by Councilmember Sullivan to uphold NO ACTION TAKEN the Planning Commission decision and glue First Reading to the Ordinance. Councilmember Benham stated she was not in support of the motion. Bakersfield, California, November 19, 2008 -Page 16 14. HEARINGS continued Item 14.a. continued Councilmember Carson stated she was not in support of the motion. Councilmember Couch referred to the Planning 8 Development Committee the issue of having an open space requirement for duplexes similar to that for triplexes and fourp/exes. Councilmember Scrivner stated he was in favor of the project provided a control can be put in place to make sure that there will be two single-story units. Councilmember Benham stated she was in favor of continuing this item to explore the height limitations and the wall on the back end of the property. In response to a question from Councilmember Sullivan, Jim Delmarter stated he and the property owners would be willing to accept any condition consistent with what has been discussed regarding single-story, two units, eight parking places, two two-car garages, no block wall required along the north property line, but a wooden fence, because there would be no parking there. Development Services Director Grady clarified that the requirement for the one-acre minimum is on both the PUD and the PCD, and the applicant has offered those conditions, and it can be made a condition of approval without having to place a PUD zone change on it. Motion by Councilmember Sullivan to uphold the Planning Commiss/on decision, deny the appeal; glue First Read/ng to the Ordinance, Including conditions relating to single stories, substantial compliance with elevations similar to the drawing presented to staff. ACTION TAKEN APPROVED NS BENHAM, CARSON Recess taken from 9:08 p.m. to 9:15 p.m. Bakersfield, California, November 19, 2008 -Page 17 14. HEARINGS continued ACTION TAKEN b. General Plan Amendment/Zone Change 08-0726; McIntosh and Associates, representing Trend Capital Group (property owner) has applied for a general plan amendment and zone change on 8.14 acres located on the northeast corner of Monitor Street and Hosking Avenue. McIntosh and Associates appealed the Planning Commission's decision. 1. Resolution approving the Negative RES 206-08 Declaration, denying the appeal, and denying the general plan amendment changing the land use designation from LR (Low Density Residential) to HR (High Density Residential) on 8.14 acres. 2. Resolution approving the Negative Declaration, denying the appeal, and denying the amendment to Title 17 of the Municipal Code and amendment to Zoning Map No. 124-30 from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 8.14 acres. City Clerk McCarthy announced staff received correspondence earlier this evening in support of the zone change. Development Services Director Grady made staff comments. Hearing opened at 9:17 p.m. Roger McIntosh, representing Trend Capital Group, spoke in opposition to the staff recommendation and submitted written material. Gary Rice, representing Greenfield School District; Dean Juola, Principal of Golden Valley High School; and Bill Sidhu, CEO of Golden Valley Luxury Apartments, spoke in support of the staff recommendation. No rebuttal. Hearing closed at 9:35 p.m. Bakersfield, California, November 19, 2008 -Page 18 14. HEARINGS continued ACTION TAKEN Item 14. b. continued Motion by Councflmember Scrivner to uphold APPROVED the appeal, approve the Negative Declaration, change the land use designation to HMR and the zoning to R-2 with the PUD overlay, with the condition of the street along the northern boundary of this property. Councilmember Couch stated he would like to see the City and the school districts work together to ensure that right turn lanes are installed at the schools. Councilmember Benham thanked Mr. Rice and Mr. Juola for advocating for their students, and Mr. Sidhu for setting a great standard for R-2 development in the City. 15. DEFERRED BUSINESS None. 16. NEW BUSINESS None. 17. COUNCIL AND MAYOR STATEMENTS Counc/lmember Couch asked staff to look Into obtaining a higher Interest rate for the City's Investment funds and making the Interest rate up to the maximum allowable bylaw, which would be whatever the City is paying on its bonds. Councilmember Couch asked to brfng back to the next Council meeting the Issue of cutt/ng Councfl contingency funds. Councilmember Couch asked staff to provide the City Council with a report regarding TOT revenues, how they are dedicated and how that operation has changed. Councilmember Benham asked that Council be advised on how much is currently In and what the activity has been in the Council Contingency Fund. Councflmember Benham asked staff to contact the owner of AutomotJve Eng/neering on Golden State Avenue regarding extra police enforcement. Bakersfield, California, November 19, 2008 -Page 19 17. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Benham asked staff to provide information regarding the resurfacing of 22nd Street between Elm and D streets. Councilmember Benham asked staff to contact the owner of Westchester Liquors regarding a problem with water drainage from the alley. Councilmember Benham wished everyone a happy Thanksgiving. Councilmember Scrivner thanked City Manager staff for all the referral responses. Councilmember Sullivan made comments about the Veterans Day Parade, the terrific turnout by the public, and commended City staff for the quick cleanup afterward. Mayor Hall stated he wanted to re-inform the Council that for the past five years he has conducted a Mayor's Freeway Litter Pickup Program once a month with nearly 1,000 volunteers and 1,700 bags of litter, however they are restricted by Caltrans to be only on the on- and off-ramps, and cannot be on the medians. 18. ADJOURNMENT Mayor Hall adjourned the meeting at 10:03 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield