HomeMy WebLinkAbout02/11/09_CC_AGENDA_PACKET'1 BAKERSFIELD CITY COUNCIL
AGENDA
• •• MEETING OF FEBRUARY 11, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church
3. PLEDGE OF ALLEGIANCE by MacKenzie Sawyer, 3rd grade student at Del Rio Elementary.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Erica George, Miss Teen Bakersfield 2008,
declaring February 11, 2009 Erica George Day.
(Ward 4)
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 28, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from January 16, 2009 to January 29, 2009 in the
amount of $12,204,875.40 and self-insurance payments from January 16, 2009 to
January 29, 2009 in the amount of $223,607.51.
Ordinances:
c. First Reading of an Ordinance amending Municipal Code Section 1.12.040 by adding
Annexation No. 605 consisting of 20.83 acres, located on Hooper Avenue, between Coffee
Road and Patton Way to Ward 4.
d. Adoption of the following Ordinances:
Amending Section 3.12 020 of the Municipal Code relating to presentation of claims
against the City.
2. Amending Section 8.80 170 of the Municipal Code relating to payments to the
Finance Director regarding abatement of public nuisances.
3. Amending Sections 14.04.050 and 14.04.100 relating to payments to the City
Treasurer regarding bills for water service in the Ashe Water Service Area.
(Ward 1)
Resolutions:
e. Sewer Construction and Connection Fees:
1. Resolution confirming assessments for the construction and connection fee(s) and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Teodulo Ortiz & Virginia Ortiz, 4304 Joseph Drive to pay construction
and connection fee(s) in installments and notice of special assessment lien.
8. CONSENT CALENDAR continued
(Ward 6) f. Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
Annexation No. 515 consisting of 11.37 acres, located on the south side of Taft
Highway, west Stine Road.
2. Annexation No. 612 consisting of 0.24 acres, located on the north side of Belle
Terrace, between McDonald Way and Fiorito Street.
g. Resolution to authorize sale of surplus fire engine (Reserve Engine 215) to the Bakersfield
College Fire Technology Program for One Dollar.
(Ward 2) h. Resolution of Intention No. 1630 to form a Traffic Signal Maintenance District, designated as
TS-19 (34th St, San Dimas NE) and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Agreements:
On-Call Civil Engineering and Surveying Agreements:
Amendment No. 3 to Agreement No. 05-247 with AECOM USA (formerly DMJM
Harris) to extend term by one year to December 31, 2009 (no change in not-to-
exceed compensation amounts).
2. Amendment No. 3 to Agreement No. 05-252 with Willdan to extend term by one year
to December 31, 2009 (no change in not-to-exceed compensation amounts).
(Ward 3) j. Amendment No. 1 to Agreement No. WR 07-004 with Jones & Stokes ($28,740; revised
total not to exceed $68,740) to provide Year 2 Environmental Mitigation Monitoring Services
as described in the City's Mitigation and Monitoring Plan for the Lower Kern River.
(Ward 2, 3, ~ a) k. Contract Change Order #1 to Contract No. 08-126 with Floyd Johnston Construction
Company ($76,350; revised total not to exceed $608,264) for removal of 120 feet of 16"
diameter water pipeline and replace with a 20" diameter domestic water pipeline along
Coffee Road between Granite Falls Way and the Calloway Canal.
(Ward 5) I. Contract Change Order No. 3 to Agreement No. 08-125 with Maverick Asphalt and
Construction ($12,876; revised total not to exceed $1,447,025.70) for the project known as
Full Depth Reclamation Federal Fiscal Year 2007/2008 Camino Media from Old River Road
to 200' West of Lancashire.
(Ward 3) m. Contract Change Order No. 4, No. 5, No. 28 and No. 39 to Agreement 07-304 with Security
Paving Construction ($261,536.15; revised total not to exceed $29,939,908.99) for State
Route 178 and Fairfax Road Interchange Project. (TRIP)
Bids:
(Ward 2) n. Accept bid from Wesco Distribution ($322,675.57) for decorative lights and bollards for Mill
Creek Linear Park.
(Ward 2) o. Accept bid from HPS Mechanical, Inc., ($97,413.03) for drinking fountains for Mill Creek
Linear Park.
(Ward 2) p. Accept bid and award contract to Franzen-Hill Corporation ($63,860) for Vapor Recovery
Systems at the Corporation Yard and Police Department Fueling Islands.
2 City Council Meeting of 02/11/2009
8. CONSENT CALENDAR continued
q. Production and Installation of Recycling Processing Equipment:
Appropriate $1,500,000 State Department of Conservation Grant to the Capital
Improvement budget within the Solid Waste Fund.
2. Accept bid and award contract to Krause Manufacturing, a division of CP MFG
($1,473,541) for production and installation of recycling processing equipment.
(Wards 1, 2, 4,
and 5) r. Accept bid and award base bid plus additive alternate No. 1 to MGE Underground, Inc.
($727,062) for the installation of Traffic Signal Interconnect-Part 6.
Miscellaneous:
s. Appropriate $8,982,836 Department of Housing & Urban Development (HUD) Neighborhood
Stabilization Program Funds to the operating budget within the Neighborhood Stabilization
Program Fund.
t. Transfer $260,000 from several budgeted Public Works Department's Capital Improvement
Projects within the Capital Outlay Fund to fund on-call civil engineering and geotechnical
consultant services needed to deliver Economic Stimulus Bill Projects in a timely manner.
Staff recommends adoption of Consent Calendar items a through t.
9. CONSENT CALENDAR HEARINGS
10. HEARINGS
(Ward 4)' a. Public Hearing to consider General Plan Amendment/Zone Change 08-1079; Eric Sertic,
representing CNC Properties LLC, the property owners, has applied for a general plan
amendment and zone change on approximately 32.91 acres generally located at the
northeast corner of Rosedale Highway (SR-58) and Jenkins Road.
Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation form UER (Urban Estate Residential)
and ER (Estate Residential) to OC (Office Commercial), GC (General Commercial),
and SR (Suburban Residential) on 32.91 acres.
2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 101-23 from A (Agriculture Zone)
to C-2/PCD (Regional Commercial/Planned Commercial Development Zone), C-
O/PCD (Professional and Administrative Office/Planned Commercial Development
Zone), and E (Estate Zone) on 32.91 acres.
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and give first reading of the ordinance.
'upon annexation
3 City Council Meeting of 02/11/2009
10. HEARINGS continued
(Ward 4)` b. Public Hearing to consider General Plan Amendment/Zone Change 06-1722; McIntosh &
Associates, representing Nickel Family LLC, the property owner, has applied for a general
plan amendment, specific parks and trails plan amendment, and zone change on
approximately 1,863 acres, generally located to the east of Alfred Harrell Highway, extending
to the City's eastern boundary encompassing both side of State Route 178 (SR-178). (The
Kern River forms the northern boundary of the proposed project.)
Resolution making findings and certifying the Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone Change 06-1722.
2. Resolution adopting the general plan amendment changing the land use designation,
the Circulation Element, and Kern River Plan Element designations as depicted in
Exhibit B attached to the resolution.
3. Resolution adopting the specific parks and trails plan amendment to change the Plan
Map as depicted in Exhibit B attached to the resolution.
4. First reading of ordinance amending Title 17 of the Municipal Code and Zoning Maps
No. 104-01, 104-10, 104-11, 104-12 & 105-6 (Exhibit F) to change the zoning more
thoroughly described in Exhibit G attached to the ordinance.
Staff recommends adoption of resolutions certifying the Environmental Impact Report and approving
the proposed general plan amendment, specific parks and trails plan amendment and give first
reading of the ordinance.
(Ward 2) c. Public Hearing to consider General Plan Amendment/Zone Change 08-1238; the City of
Bakersfield has applied for a general plan amendment and a zone change on 2.5 acres,
generally located east of Kern Island Canal between 19th Street and 21st Street in
Downtown Bakersfield. (Edwin Wilson appealed the decision of the Planning Commission.
1. Resolution approving the Negative Declaration, denying the appeal, and approving
the general plan amendment changing the land use designation from OS-P (Parks
and Recreation Facilities) to MUC (Mixed Use Commercial) on 2.5 acres.
2. First Reading of Ordinance approving the Negative Declaration, denying the appeal,
amending Title 17 of the Municipal Code and amending Zoning Map No. 103-30 from
OS (Open Space) to C-C (Commercial Center) on 2.5 acres.
Staff recommends adoption of resolutions approving Negative Declaration, denying the
appeal and approving the proposed general plan amendment and give first reading to the
ordinance.
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respe ully submitted,
~'~
~Cd lam- ~---~ a~
`upon annexation Alan Tandy
02/04/09 11:45 am City Manager
4 City Council Meeting of 02/11/2009
AGENDA HIGHLIGHTS
February 11, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 o m
CONSENT CALENDAR
Agreements
Item 8m. Contract Change Order No. 4. No 5. No 28 and No 39 to Agreement 07-304 with Security
Paving Construction for State Route 178 and Fairfax Road Interchange Project in the amount of
$261.536.15 and not to exceed $29 939 908 99 The four change orders referenced above include
revised traffic control measures to allow for less disruption to the traveling public during construction;
extending construction of a concrete barrier for the entire length of the retaining wall along the eastbound
off-ramp to enhance safety; increases in drainage system quantities that were inaccurately shown on the
original bid item summary sheet; and completion of the electrical service connection for the project by
Security Paving in order to expedite completion.
Bids
Item 8n. Acceot Bid from Wesco Distribution for Decorative Lights and Bollards for Mill Creek Linear
Park in the amount of $322.675.57. Invitations to Bid were sent to over three hundred (300) suppliers for
decorative lights and bollards for the Mill Creek Linear Park. A total of eleven (11) bids were received,
with Wesco Distribution .being the lowest.
Item 80. Accent Bid from AMS Plumbing, Inc.. for Drinking Fountains for Mill Creek Linear Park in the
amount of $87.408.91. Invitations to Bid were sent to over one hundred (100) suppliers for drinking
fountains for the Mill Creek Linear Park. A total of three (3) bids were received, with AMS Plumbing
being the lowest.
i
Item 8q. Accent Bid and Award Contract to Krause Manufacturing a Division of CP MFG for Production
and Installation of Recvclina Processing Eauinment in the amount of $1 473 541 On January 9, 2006
the City was awarded a $1,500,000 State Grant from the Department of Conservation to improve
recycling processing infrastructure in Bakersfield and the surrounding area. The City issued bids to
purchase a base list of recycling processing equipment and an optional list of equipment, provided the
grant funds were not fully utilized on the base package. Two (2) vendors provided base bid amounts
with Krause Manufacturing being the lowest. In addition, there are sufficient grant funds to expand the
purchase to the optional items, allowing the City to acquire as much as the needed equipment as
possible. As a precautionary measure, the City has built a provision into the purchase agreement to
ensure that the vendor will not start work until the City has received the grant funds from the State.
Item er. Accept Bid and Award Base Bid Plus Additive Alternate No 1 to MGE Underground Inc for the
Installation of Traffic Signal Interconnect -Part 6 in the amount of $727 062 This project will install
traffic signal interconnect conduit and wiring along ten different sections of roadway throughout the City.
With this new interconnect installed, traffic signal timing along these segments can be optimized to
improve traffic flow and improve air quality by reducing vehicle pollutants. This project is funded utilizing
Federal Congestion Mitigation and Air Quality Program (CMAQ) funds (88.53%) combined with a local
contribution (11.47%).
Miscellaneous
Item 8s. Appropriate $8 982 836 Department of Housing & Urban Development (HUD) Neighborhood
Stabilization Program Funds to the Operating Budget Within the Neighborhood Stabilization Program
(NSP) Fund. The NSP was established under the Federal Housing Economic Recovery Act of 2008 and
the City has been allocated $8,982,836 under this program. NSP approved activities include down
payment assistance for qualified homebuyers, acquisition of REO (real estate owned lender asset that
has been foreclosed upon) properties for redevelopment, rehabilitation of acquired residential structures
to meet City code,. demolition of blighted structures and assistance to the Public Housing Authority for
acquisition of REO properties. The above action appropriates funds for the NSP which the City will have
18 months (from the date of award) to legally obligate.
Item 8t. Transfer $260.000 From Several Budgeted Public Works Department's Capital Improvement
Proiects within the Capital Outlay Fund to Fund On-Call Civil En i ring and Geotechnical Consultant
Services Needed to Deliver Economic Stimulus Bill Proiects in a Timely Manner Staff is working on the
design and bid/construction documents for pavement rehabilitation projects proposed for funding under
the federal Economic Stimulus Bill (Bill). To expedite this work in accordance with timeline constraints
proposed in the Bill, current on-call civil engineering consultants are assisting with field surveying and
design of some of the necessary improvements. This appropriation will provide the funds necessary to
pay those consultants for their services. The funds that are to be transferred are derived from savings
realized from several completed Capital Improvement Projects.
HEARINGS
Item 10a. Public Hearing to Consider General Plan Amendment/Zone Chance 08-1079 on
Approximately 32 91 Acres Generally Located at the Northeast Corner of Rosedale Highway (SR-582
and Jenkins Road. Eric Sertic, representing CNC Properties LLC, the property owners, has applied for a
general plan amendment and zone change. The applicant is requesting to amend the Metropolitan
Bakersfield General Plan Land Use Element to change the land use designations from A (Agriculture
Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development Zone), C-O/PCD
(Professional and Administrative Office/Planned Commercial Development Zone), and E (Estate Zone).
The project also includes annexation into the City. Staff conducted an initial study and it was determined
that the project would not have a significant effect on the environment. Therefore, a Negative
Declaration was prepared and posted on November 12, 2008, in accordance with CEQA. The Planning
Commission conducted a public hearing on this item on December 18, 2008 and recommended approval
to the City Council. No individuals or agencies present at the hearing opposed the request and the
applicant agreed to all conditions and mitigation for the project. Staff recommends adoption of a
resolution approving the Negative Declaration and approving the proposed general plan amendment and
first reading of the ordinance.
Item 106. Public Hearing to Consider General Plan Amendment/Zone Change 06-1722 on
Approximately 1.863 Acres. Generally Located to the East of Alfred Harrell Highway. Extending to the
Citv's Eastern Boundary Encom a~g Both Sides of State Route 178 (SR-178). (The Kem River Forms
the Northern Boundary of the Proposed ProjectL McIntosh & Associates, representing Nickel Family
LLC, the property owners, has applied for a general plan amendment, specific parks and trails plan
amendment, and zone change for a project that would allow for approximately 4,688 residential units,
approximately 20.39 acres of GC (General Commercial), and 44.39 acres of MUC (Mixed Use
Commercial) at the above referenced location. The proposed project also includes proposed collector
alignments, and approximately 738.53 acres of land that will be reserved for the development of
landscaped trails, parks and open space areas that would link to the City's existing park and trail system.
In accordance with CEQA, an Environmental Impact Report (EIR) was prepared and the Planning
Commission and staff conducted several hearings on the EIR. The Planning Commission conducted a
Agenda Highlights -February 11, 2009 Council Meeting
Page 2
public hearing on this item on December 18, 2008 and recommended approval to the City Council. Two
individuals at the hearing opposed the request, Gordon Nipp representing the Sierra Club and Deborah
Dishington a resident of Kernville, California. The two individuals in opposition raised concerns relating
to farmland conversion, global warming impacts and visual open space. Staff recommends adoption of
resolutions certifying the EIR and approving the proposed general plan amendment, specific parks and
trails plan amendment and first reading of the ordinance.
Item 10c.
Bakersfield. (Edwin Wilson Aogealed the Decision of the Planning Commission) -The City has applied
for a general plan amendment and zone change for the development of a two-story 30,000 sq.ft. General
Services Administration (GSA) Federal Courthouse building on the above referenced location. Staff
conducted an initial study and it was determined that the project would not have a significant effect on
the environment. Therefore, a Negative Declaration was prepared and posted on November 7, 2008, in
accordance with CEQA. The Planning Commission conducted a public hearing on this item on
December 18, 2008 and recommended approval to the City Council. Three individuals present at the
hearing spoke in opposition to the proposal; Edwin Wilson, Dale Wilson and Ken Mettler. Those in
opposition raised concerns relating to the location of the federal courthouse, the involvement of the
Redevelopment Agency with the project, and the appropriateness of the Negative Declaration.
Therefore, the decision of the Planning Commission is being appealed. Staff recommends adoption of
resolutions approving the Negative Declaration, denying the appeal and approving the proposed general
plan amendment and first reading of the ordinance.
Approved:
John Stinson, Assistant City Manager
cc: Department Heads
City Managers File
City Clerk's File
News Media File
Agenda Highlights -February 11, 2009 Council Meeting
Page 3
BA ~+
O~,y~,oxeo~~r~~S
ADMINISTRA
TIVE REPORT
~ ~ti~
LIF
MEETING DATE: February 11, 2009 AGENDA SECTION: Presentations
ITEM: ~
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 30, 2009
Presentation by Mayor Hall of a Proclamation to Erica George, Miss Teen Bakersfield 2008,
declaring February 11, 2009, Erica George Day in the City of Bakersfield.
PPROVED
DEPARTMENT HE
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
krt
A
~yw +v S
~ ~
ADMINISTRATIVE REPORT
~ ~~*
1F
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: , a,
TO: Honorable Mayor and City Council
FROM: Pamela McCarthy, City Clerk
DATE: January 29, 2009
APPROVED
DEPARTMENT HEAD ;, " C 1
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the January 28, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: g ~ ~j .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 30, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY _
CITY MANAGER
SUBJECT: Approval of department payments from January 16, 2009 to January 29, 2009
in the amount of $12,204,875.40 and Self Insurance payments from January 16, 2009
to January 29, 2009 in the amount of $223,607.51.
RECOMMENDATION:
Staff recommends approval of payments totaling $12,428,482.91.
BACKGROUND:
RAR
January 29, 2009, 3:36PM
S:1Rich a rd W PW DM I N1ADM I N~AP.doc
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: , ~,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: January 23, 2009
APPROVED
DEPARTMENT HEAD ~.~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section §1.12.040
by adding Annexation No. 605 consisting of 20.83 acres, located on Hooper Avenue,
between Coffee Road and Patton Way to Ward 4. (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 605 into the corresponding
Council ward. This annexation was recently approved by LAFCO.
Annexation No. 605 is located on Hooper Avenue, between Coffee Road and Patton Way. The
annexation territory (known as Hooper No. 1) consists of 20.83 acres. Annexation No. 605 is an
inhabited annexation within a county island area. Because this annexation did not have 100% property
owner consent, the annexation was subject to a protest hearing. The protest hearing was conducted at
the Kern County LAFCO office on August 26, 2008. Having received less than the required 25% of
voters protest, the Commission ordered annexation of the territory by Resolution No. 08-66 on October
22, 2008.
S:Wnnexation\Ordinances\2009\AdminDraft-2-11-0& 605.DOC
C A
~y 4 s
~ ~ /
ADMINISTRATIVE REPORT
u,
~ L~
MEETING DATE: February 11, 2009 AGENDA CTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
January 29, 2009
1. Ordinance Amending Section 3.12.020 Relating to Presentation of Claims Against the
City.
2. Ordinance Amending Section 8.80.170 Relating to Payments to the Finance Director
Regarding Abatement of Public Nuisances.
3. Ordinance Amending Sections 14.04.050 and 14.04.100 Relating to Payments to the
City Treasurer Regarding Bills for Water Service in the Ashe Water Service Area.
APPROVED
DEPARTMENT HEAD VCs
CITY ATTORNEY ~~
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendments.
BACKGROUND:
First reading of the above listed ordinance amendments was at the Council meeting on January 28, 2009.
Due to the relocation of several City departments, the address listed in the Bakersfield Municipal Code for
City Hall is no longer correct. The following ordinance amendments simply change the address from 1501
Truxtun Avenue to 1600 Truxtun Avenue:
1. BMC Section 3.12.070. This amendment updates the address where claims against the
City shall be presented.
2. BMC Section 8.80.170. This amendment updates the address for the Finance Director
regarding payments for abatement of public nuisances.
3. BMC Sections 14.04.0150 and 14.04.100. This amendment updates the address for the City
Treasurer regarding bills for water service in the Ashe Water Service Area.
JB:Isc
January 29, 2009, 9:48AM
S:~000NCILWdminaWB-09 AdminsUlddressChange-3.12.020,8.80,170,14.04.050-2nd.doc
~ AK ~
~ yeoaroe~r~ C~
U C
ADMINISTRATIVE REPORT
C '~Wer ~ti
LI o
MEETING DATE: 02/11/09 AGENDA SECTION: CONSENT CALENDAR
ITEM: . e .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 7, 2009 CITY ATTORNEY
CITY MANAGER ~S l/~
SUBJECT: Sewer construction and connection Fee(s) Assessment (Ward 1).
1. Resolution confirming assessments for the construction and connection fee(s) and
authorizing the collection of assessments by the Kem County Tax Collector.
2. Agreement with Teodulo Ortiz 8 Virginia Ortiz, 4304 Joseph Drive , to pay construction
and connection fee(s) in installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: The property owner(s) at 4304 Joseph Drive, desire to connect to the
city sewer system. The property owner(s) claim that to pay the construction and connection fee(s)
would produce an economic hardship. To assist in paying the construction and connection fee(s) the
City has contracted with the property owner(s) to spread the construction and connection fee(s) over
a five (5) year period to be collected with their property taxes in accordance with Municipal Code
Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007 authorizes
the Kern County Tax collector to collect the construction and connection cost in five equal payments
over the next five years.
S:\PROJECTS\SewerConFee\Template Sewer Fee on Taxroll\4304 Joseph Dr
MEETLNG DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
January 23, 2009
Resolutions approving applications proposing proceedings for annexation of
uninhabited territory to the City identified as:
1. Annexation No. 515 consisting of 11.37 acres, located on the south side of Taft
Highway, west of Stine Road. (Ward 6)
2. Annexation No. 612 consisting of 0.24 acres, located on the north side of Belle
Terrace, between McDonald Way and Fiorito Street. (Ward 6)
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited territory to the
City of Bakersfield are identified as Annexation No. 515 consisting of 11.37 acres of land, located
on the south side of Taft Highway, west of Stine Road and Annexation No. 612 consisting of 0.24
acres, located on the north side of Belle Terrace, between McDonald Way and Fiorito Street.
These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The property owners have consented to annexation. The proposal is to annex the
land for development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:Wnnezatlon\Res of ApplicWdm 08Wdmin Draft 515 8 612.doc
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 28, 2009
APPROVED
DEPARTMENT HEAD ,//~7
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to Authorize Sale of Surplus Fire Engine (Reserve Engine 215) to the Bakersfield
College Fire Technology Program for One Dollar.
RECOMMENDATION: Staff recommends approval of the resolution.
BACKGROUND: The Bakersfield Fire Department (BFD) has received a request from Bakersfield
College, a governmental entity, to purchase one (1) surplus decommissioned fire engine (Reserve Engine
215) for one dollar $1.00. This fire engine has high mileage and substantial wear and was recently
replaced by a newer apparatus through the normal attrition process. While no longer appropriate for use
as a front-line response vehicle for the Bakersfield Fire Department, there is significant value in its use as
a regional, non-emergency use training tool at the Olive Drive Fire Training Facility (ODFTF). The
acquisition of this fire engine will allow Bakersfield College to train Bakersfield Firefighters on various
aspects of department-specific emergency operations including hose layouts, ground ladder deployment,
driver training (on-site only), etc. Currently, Bakersfield College has no BFD specific apparatus available
at the ODFTF. The total value of this fire engine is estimated to be $4,000-$4,500 with a recommended
purchase offer to Bakersfield College for one dollar $1.00.
The Bakersfield Municipal Code Section 3.20.120E provides for this action and states that any sale to a
governmental entity or non-profit organization shall be subject to confirmation and approval by the City
Council.
The equipment is being sold "as is with all faults" to remove the City from any potential liability claims.
January 29, 2009, 8:06AM
S:IPURCH\ADMIN\Surplus Property Fire Engine-BC, February 11, 2009.doc
A
O~~w u
~ + i~
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~j...~ ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 14, 2009
APPROVED
;~
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1630 to form a Traffic Signal Maintenance District, designated
as TS-19 (34th St, San Dimas NE) and preliminarily adopting, confirming and approving the
Public Works Director's Report. (Ward 2)
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 Traffic Signal Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Traffic Signal 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 Traffic Signal 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 Traffic Signal 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 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. A copy of this covenant is attached for reference.
G:\GROUPDATWDMINRPT\2009\02-11\TS-19 ROI AdminRepo~t.doc
~~, 8,~.~ ESP
~ ~
ADMINISTRATIVE REPORT
C ~ti~
LIFO
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , ,;,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 29, 2009
Amendments to On-Call Civil Engineering and Surveying Agreements to extend term by
one year to December 31, 2009 (no change in not-to-exceed compensation amounts):
1. Amendment No. 3 to Agreement No. 05-247 with AECOM USA (formerly DMJM
Harris);
2. Amendment No. 3 to Agreement No. 05-252 with Willdan.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of Amendments.
BACKGROUND: As amended by City Council on June 6, 2007 and again on December 12, 2007, these
current On-Call Civil Engineering and Surveying agreements are for services provided during Fiscal Years
2005-06, 2006-07, 2007-08, and the first six months of Fiscal Year 2008-2009. These agreements
expired on December 31, 2008. However, the consultants are still working on various projects that were
not completed by that expiration date. Therefore, an extension to these agreements is required to provide
for the services necessary to complete the assigned tasks on these various projects. This extension does
not provide any additional compensation to the consultants as their fees for the various projects have
already been approved. In addition, the amendments specifically exclude making any new work
assignments to the consultants.
ADR / PW Engr
January 27, 2009, 9:13AM
G:\GROUPDATIADMINRPT\2009\02-11\Amend 3 On-Call Civil Agreements.doc
A
O wee,, s
U C7
~' ~~ ADMINISTRATIVE REPORT
c Ls
LIFO
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: January 26, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~--
CITY MANAGER
SUBJECT: Amendment No.1 to Agreement No. WR 07-004 with Jones & Stokes ($28,740.00; revised not
to exceed $68,740.00) to provide Year 2 Environmental Mitigation Monitoring Services as
described in the City's Mitigation and Monitoring Plan for the Lower Kern River. (Ward No. 3)
RECOMMENDATION: Staff recommends approval of amendment to the agreement.
BACKGROUND:
On February 2, 2007 the City of Bakersfield entered into Agreement No. WR 07-004 with Jones & Stokes
to conduct Year 1 of an Environmental Mitigation Monitoring Plan for the lower Kern River. The mitigation
and monitoring program as required by the U.S. Environmental Protection Agency (EPA) is to be
implemented over a 5 year pertormance period. This mitigation work is being pertormed in response to an
Administrative Order Pursuant to Section 309(a) of the Clean Water Act issued to the City of Bakersfield
by the United States Environmental Protection Agency, Region IX, in San Francisco, CA. More
specifically, the Order concerns discharges of dredged and fill material to the Kern River. The first year
monitoring report has been completed and submitted to the EPA in accordance to the City's monitoring
plan.
Amendment No. 1 will modify the agreement to allow Jones & Stokes to pertorm three additional tasks in
accordance with EPA requirements and the City's Mitigation and Monitoring Plan which includes: Year 2
mitigation monitoring and preparation of report, development of Standard Operating Procedures for City
Staff and contractors working in the Kern River Floodplain and inspection service for construction of the
new Wetland Mitigation Site.
Jones & Stokes is an expert in environmental mitigation issues and have had continued success in
working with the EPA on mitigation/restoration monitoring plans in the past. Moreover they did the initial
work in the development of the City's Lower Kem River Monitoring Plan and preparation of the Year 1
Report for EPA at a very competitive price and we estimate substantial savings, continuity and excellent
work products and recommend allowing the same contractor to do the next phase of the monitoring
program.
January 15, 2009
S:12009ADMIN REPORTSWmendNo.ltoWR07-004Jones&Stokes
of ~.w•K
/~ ADMINISTRATIVE REPORT
,~
0
MEETING DATE February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: , K
TO: Honorable Mayor and City Council
FROM: Florn Core, Water Resources Manager
DATE: January 27, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order #1 to Contract No. 08-126 with Floyd Johnston Construction Company, in the
amount of $76,350.00 (revised total not to exceed $608,264.00) for removal of 120 feet of 16" diameter water
pipeline and replace with a 20" diameter domestic water pipeline along Coffee Road between Granite Falls Way and
the Calloway Canal (Wards 2,3 & 4 ).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This section of pipeline was mapped as an existing 20" diameter pipeline but was found in the field
to be a smaller capacity 16" water pipeline. This section of domestic waterline is required to be upsized in order to
accommodate increased capacity into the City's distribution network at Granite Falls Way resulting from the recent
tie-in to the Kern County Water Agency distribution pipeline at Meany Avenue. This project will allow the City to
receive 6,500 acre feet of treated water annually and reduce the amount of groundwater pumping in the area.
Original Contract Amount :.................................................................................................$531,914.00
Change Order #1 amount of :..............................................................................................$76,350.00
Total to Date :................................................................................................................. $608,264.00
S:12009 ADMIN REPORTS~admin01282009FIoydJohnston.doc
BA
O~~~owo,,,~ Rs
~ ~
ADMINISTRATIVE REPORT
~ ~.~
LIFO
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM:
.,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 3, 2009
APP VED
DEPARTMENT HEAD J~
CITY ATTORNEY ~~
CITY MANAGER_~~_ 7
SUBJECT: Contract Change Order No. 3 to Agreement No. 08-125 with Maverick Asphalt and
Construction ($12,876.00 for a revised not to exceed amount of $1,447,025.70) for
the project known as Full Depth Reclamation Federal Fiscal Year 2007/2008 Camino
Media From Old River Road to 200' West of Lancashire. (Ward 5)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: This project provides for rehabilitating the paved roadway on Camino Media Drive from
Old River Road to 200' west of Lancashire Street using an asphalt emulsion full depth reclamation
method.
The asphalt emulsion used in the reclamation process is paid for on a tonnage basis. The final tonnage of
asphalt emulsion used in this project was calculated and paid; however, there was an error in the
calculation of the actual tonnage of asphalt emulsion used in this project due the contractor inadvertently
misplacing a weight slip. As such, the final quantity of asphalt emulsion used in this project needs to be
increased as outlined in the attached contract change order.
This is the third change order to be submitted for this project. This change order will increase the project
total by $12,876.00. The change orders to date on this project reflect a net decrease of $78,499.39
(which results in a 5.1 % decrease of the original contract amount) as illustrated below:
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
_ $1, 525, 525.00
_ $1,447,025.70
_ ($ 78,499.30)
RM (Construction)
February 3, 2009, 11:49AM
G:\GROUPDATWDMINRPT\2009\02-11\CCO 3 Camino Media Reclaimation.doc
BAKE
~ o`~,ro~.aR,~ ~s~
..-
ADMINISTRATIVE REPORT
c ~~~~
gLIFd
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: , m ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 30, 2009
Contract Change Order No. 4, No. 5, No. 28 and No. 39 to Agreement No. 07-304 with
Security Paving Construction ($261,536.15 fora revised not to exceed amount of
$29,939,908.99) for the State Route 178 and Fairfax Road Interchange Project (TRIP)
(Ward 3).
APPROVED
DEPARTMENT HEAD . A/
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for a little over a mile, from just
east of the Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 4 provides for traffic control, temporary striping, resetting existing temporary railing and
modifications to and widening of the existing paved median shoulder at the west end of the project in
accordance with the revised traffic control plans. This work was not properly indicated in the original plans
and a revision was required. This revision also allows less disruption to the traveling public by minimizing
changes to traffic detours during project construction. This change order results in a net increase of
$78,113.18.
Change Order No. 5 extends the construction of a concrete barrier for the entire length of the retaining wall
along the eastbound off-ramp. The original wall design had this barrier stopping short and not extending to
the end of the wall; extending this barrier enhances safety, provides better protection to the wall, and
enhances the aesthetics of the wall. Also, several locations along this barrier require widening in order to
accommodate light pole bases; the original construction plans did show these needed modifications. This
change order results in a net increase of $37,691.34
Change Order No. 28 provides for an increase in drainage system quantities (pipe linear footage, gutter
linear footage, etc.) that were shown inaccurately on the original bid item summary sheet prepared for the
project. This change order results in a net increase of $42,800.00.
Change Order No. 39 provides for the completion of the electrical service connection for the project. This
work had always been planned to be paid for by the City, but had originally been scheduled to be
completed by Pacific Gas and Electric (PG&E) forces. After discussions with PG&E and Security Paving, it
was agreed that Security doing this work would expedite both this work and the project. This change order
results in a net increase to the Security Paving contract of $102,931.63, but eliminates the cost PG&E
would have charged the City for completing this work.
BngE
o~~~o~oA,~,Rs
~ -~
ADMINISTRATIVE REPORT
~ ~L~
`LIFO
The net cost increase of Change Order No. 4, No. 5, No. 28 and No. 34 is $261,536.15. This provides a
total cost increase of $610,462.89, which is a 2.08% increase as illustrated below:
• Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 348,926.74
• Current Change Order Nos. 4,5, 28, 39 = $ 261,536.15
• Amended Contract Agreement after Change Orders = $29,939,908.99
Net Increase to date = $ 610,462.89
Adequate state/federal funds have been previously budgeted to cover these additional costs.
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,n
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
January 28, 2009
Accept bid from Wesco Distribution ($322,675.57) for decorative lights and bollards for Mill
Creek Linear Park. (Ward 2)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of the bid for decorative lights and bollards.
BACKGROUND: Invitations to Bid were sent to over three hundred (300) suppliers for decorative lights
and bollards for the Public Works Department, Engineering Division. Eleven (11) bids were received in
response to solicitation and are as follows.
BIDDER AMOUNT
Wesco Distribution $322,675.57
Bakersfield, California
Graybar Electric $354,669.27
Bakersfield, California
Stewart Electric Supply $359,444.55
Bakersfield, California
Consolidated Electrical Distributors $364,818.38
Bakersfield, California
Walters Wholesale Electric $374,226.35
Brea, Califomia
Herning Underground Supply $377,913.61
Livermore, California
Alameda Electrical Distribution, Inc. $471,219.82
Goshen, Califomia
Purchasing Division
S:IPURCHWDMIMDecorative Lights and Bollards, 08-09-42, February 11, 2009.doc
ADMINISTRATIVE REPORT
Globe Electric Company, Inc. $472,540.70
Houston, Texas
Herning Underground Supply $497,055.49
Livermore, California
West-Cite Supply Company, Inc. $560,073.70
Cerritos, California
Kern Electric Distributors $588,665.65
Bakersfield, California
Staff finds the low bid to be acceptable and recommends award of the bid to Wesco Distribution,
Bakersfield, California in the amount of $322,675.57.
Purchasing Division
S:\PURCHWDMIN\Decorative Lights and Bollards, 08-09-42, February 11, 2009.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , p ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 4, 2009
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from HPS Mechanical, Incorporated ($97,413.03) for drinking fountains for Mill
Creek Linear Park. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the bid for drinking fountains.
BACKGROUND: Invitations to Bid were sent to over one hundred (100) suppliers for drinking fountains for
the Public Works Department, Engineering Division. Three (3) bids were received in response to
solicitation. After bids were opened, the lowest bidder discovered they made an error and notified the
City they are unable to supply the product at the price quoted. AMS Plumbing, Inc. (the initial low bidder )
has requested to rescind their bid offer and be relieved of the obligation to supply the order. Staff has
reviewed this request and recommends allowing AMS Plumbing, Inc. to rescind their bid. The next lowest
bid from HPS Mechanical, Inc. in the amount of $97,413.03 is still within budget guidelines for the project.
Bids received, including the rescinded bid, are as follows:
BIDDER AMOUNT
AMS Plumbing, Inc $ 87,408.91 (Bid rescinded by vendor prior to award)
Bakersfield, California
HPS Mechanical, Inc $ 97,413.03
Bakersfleld, California
Recreation by Design, Inc $111,191.43
Cypress, Califomia
Staff finds the low bid to be acceptable and recommends award of the bid to HPS Mechanical,
Incorporated, Bakersfield, Califomia in the amount of $97,413.03.
Purchasing Division
S:IPURCH~Drinking Fountains for Mill Creek, 08-09-44, February 11, 2009.doc
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 28, 2009
APPROVED
DEPARTMENT HEAD NS
CITY ATTORNEY
CITY MANAGER ~it"1t7
SUBJECT: Accept bid and award contract to Franzen-Hill Corporation ($63,860.00) for Vapor Recovery
Systems at the Corporation Yard and Police Department Fueling Islands. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over three hundred (300) contractors for providing vapor
recovery systems at the Corporation Yard and Police Department fueling islands. Two bids were received
as follows:
BIDDER AMOUNT
Franzen-Hill Corporation $63,860.00
Tulare, California
Cal-Valley Equipment $86,180.42
Bakersfield, California
Enhanced Vapor Recovery Phase II Systems are required by the California Environmental Protection
Agency Air Resources Board by April 2009. This contract will upgrade the fuel islands at the Corporation
Yard and Police Department to the new State regulations by the required deadline.
Staff finds the low bid of $63,860.00 from Franzen-Hill Corporation to be acceptable and recommends
award of contract. Funds are available in the 2008-2009 Budget.
Purchasing Division
S:\PURCHWDMIN\Vapor Recovery System for Fuel Islands (re-bid), 08-09-46, February 11, 2009.doc
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD ~S
DATE: February 3, 2009 CITY ATTORNEY
CITY MANAGER_~~
SUBJECT: Production and Installation of Recycling Processing Equipment:
1. Appropriate $1,500,000 State Department of Conservation Grant to the Capital
Improvement budget within the Solid Waste fund; and
2. Accept bid and award contract to Krause Manufacturing, A Division of CP MFG
($1,473,541) for Production and Installation of Recycling Processing Equipment.
RECOMMENDATION: Staff recommends approval of the appropriation; acceptance of the bid and
award of contract.
BACKGROUND: On January 9, 2006 the City received a $1,500,000 State Grant from the
Department of Conservation (DOC) to improve recycling processing infrastructure in Bakersfield and
the surrounding area. The City has issued bids to purchase a base list of recycling processing
equipment and an optional list of equipment in the event the DOC grant was not fully allocated using
the base bid alone.
The bid comparison and award criteria are established by the base bid amounts of the two vendors
who submitted quotes. We are electing to expand the purchase to the optional items as there is
sufficient room in the grant award to do so, thus maximizing the leverage the grant funds provide for
the City to acquire as much of the needed equipment as possible.
The location and operator of this recycling facility has not been determined. However, regardless of
who operates the facility or where it is located, the equipment is still needed and has significant lead
time in production once an order has been placed. Staff is therefore recommending that the
merchandise be ordered at this time. Staff is still working on a separate selection process to
determine who will operate the recycling facility and where the facility will be located. Staff hopes this
issue will be resolved in the next two or three months.
As a result of the State's budget crisis, the City has built special protection into the purchase
agreement to ensure that the vendor will not start work until the City has received the grant funds from
the State. If the State either rejects our grant request or is for whatever reason unable to send the
grant fund to the City, then the City will be under no obligation to proceed with the purchase. As a
trade-off to this unusual payment structure, the City is agreeing to pay 90°~6 of the total payment upon
initiation of the manufacturing, with the remaining 10°~ payment to take place after installation is
complete.
February 3, 2009, 10:13AM
S:~PURCHWdminGSingle Stream Sorting System, 08-09-23, February 11, 2009.doc
ADMINISTRATIVE REPORT
The Invitation to Bid was sent to 27 firms from our online bidder registry. Two (2) base bids were
received on December 2"d, 2008 in response to solicitations as follows:
BIDDER AMOUNT
Krause Manufacturing, A Division of CP MFG
1300 Wilson Avenue Base bid in amount of $1,037,859.00
National City, CA 91950 Optional bid in amount of $1,473,541.00
Van Dyke Baler Corporation Company
78 Halloween Blvd. Base bid in amount of $1,340,625.00
Stamford, CT 06902 Optional bid not made
Staff finds the bid from Krause Manufacturing, A Division of CP MFG, National City, California to be
acceptable and in the best interest of the City and recommends award of the base bid with the
Optional (additional equipment) component and also recommends approval of the contract.
February 3, 2009, 10:13AM
S:~PURCHWdmin~.Single Stream Sorting System, 08-09-23, February 11, 2009.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,r,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 28, 2009
APPROVED
DEPARTMENT HEAD s`F~~
c.
CITY ATTORNEY
CITY MANAGER ~'~
SUBJECT: Accept bid and award Base Bid plus Additive Alternate No.1 to MGE Underground, Inc.
($727,062.00) for the installation of Traffic Signal Interconnect-Part 6 (Wards 1, 2, 4, and 5).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will install traffic signal interconnect conduit and wiring along:
• 4"' Street between H Street and P Street
• Brundage Lane between P Street and Mt Vemon Avenue
• Buena Vista Road between White Lane and Chamber Blvd.
• Califomia Avenue between Baker Street and Martin Luther King Blvd.
• Chester Avenue between California Avenue and 8"' Street
• Ming Avenue between Old River Road and Grand Lakes Avenue
• Oak Street between California Avenue and Chester Lane
• Q Street between Truxtun Avenue and 14"' Street
• Stockdale Highway between Oak Street and Real Road
• Truxtun Avenue between Truxtun Plaza West and Coffee Road
With this new interconnect installed, traffic signal timing along these segments can be optimized to
improve traffic flow and improve air quality by reducing vehicle pollutants.
This traffic signal interconnect project is funded predominately with the Federal Congestion Mitigation and
Air Quality Program (CMAQ) funds. The Federal portion of this project will pay for 88.53% of the
improvements. The local portion of this project will pay 11.47% of the improvements with gas tax
revenues. The Engineer's Estimate for this project is $825,962.50.
January 29, 2009, 9:10AM
G:\GROUPDATIADMINRPT12009\02-11 WdmiRpt_Interconnect Part 6.doc
ADMINISTRATIVE REPORT
A total of four bids were received on Wednesday, December 17, 2008; all four bids are acceptable.
Those bids are as follows:
MGE Underground, Inc.
816 26th Street
Paso Robles CA 93446 in the amount of $727,062.00
Loop Electric, Inc.
7040 Downing Avenue
Bakersfield, CA 93308 in the amount of $728,324.50
Manuel Brothers, Inc.
908 Taylorville Rd., #104
Grass Valley, CA 95949 in the amount of $744,800.00
PTM General Engineering Services
5942 Acorn St.
Riverside, CA 92504 in the amount of $1,069,675.00
JU
T8K114
January 29, 2009, 11:13AM
G:\GROUPDATWDMINRPT\2009\02-11\AdmiRpt_Interconnect Part 6.doc
-.. `: -.
~.~-~ :~~ ' ADMINISTRATIVE REPORT
...:..
~!.ip o~~:.;~`.
MEETING DATE: February 11, 2009 AGENDA SECTION: Reports
ITEM: ~ , 5 .
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: February 3, 2009 CITY ATTORNEY
CITY MANAGER ~~
SUBJECT: Appropriate $8,982;836 Department of Housing 8 Urban Development (HUD)
Neighborhood Stabilization Program Funds to the operating budget within the
Neighborhood Stabilization Program Fund. (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Neighborhood Stabilization Program (NSP) was established under the federal Housing and Economic
Recovery Act (HERA) of 2008 and the City has been allocated $8,982,836 under this program. Under
HUD NSP regulations, the Substantial Amendment previously approved by Council outlines activities to be
undertaken by the City to address congressionally identified needs of abandoned and foreclosed homes in
targeted federally established NSP areas within the City. The above action appropriates funds for the
NSP of which the City will have 18 months to legally obligate the funds from the date of award.
HUD has approved the NSP action plan amendment and the City of Bakersfield anticipates the receipt of
funding during the first quarter of 2009. NSP approved activities include down payment assistance for
qualified homebuyers, acquisition of REO (real estate owned lender asset that has been foreclosed upon)
properties for redevelopment, rehabilitation of acquired residential structures to meet City code, demolition
of blighted structures and assistance to the Public Housing Authority for acquisition of REO properties.
S:1Admins\City CouncillCity Council Admins 2009\NSP appropriation.doc
A
ADMINISTRATIVE REPORT
u
MEETING DATE: February 11, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ rt,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: February 4, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Transfer $260,000 from several budgeted Public Works Department's Capital
Improvement Projects within the Capital Outlay Fund to fund on-call civil engineering and
geotechnical consultant services needed to deliver Economic Stimulus Bill Projects in a
timely manner.
RECOMMENDATION: Staff recommends approval of transfer.
BACKGROUND: Staff is working on the design and bid /construction documents for pavement
rehabilitation projects for funding under the federal Economic Stimulus Bill. To achieve the imposed time
line constraints, our current on-call civil engineering consultants are assisting with field surveying and
design of some of the necessary improvements. Our on-call geotechnical consultant will be coring the
existing pavements to provide information that is needed in for designing the pavement rehabilitation
method. This appropriation will provide the funds necessary to pay those consultants for their services.
Staff recommends funding the $260,000 needed for on-call engineering services by savings realized in the
following Capital Improvement Projects:
• Resurtacing, Phase II $37,269 (project complete)
• Signal -Panorama & Meadow Vista $50,000
• Reconstruct Camino Media $152,731 (project complete)
• HVAC /Electrical Upgrade $20,000 (project complete)
*This project is still in the design phase, but savings are available for this project within the Capital Outlay
Fund since staff was able to use federal funding to cover the majority of the project's cost.
PW/Design Engineering
February 5, 2009, 11:31AM
G:\GROUPDAT\ADMINRPT12009\02-25\ESB Appropriation.doc
.MEETING DATE: February 11, 2009 AGENDA SECTION: Hearings
ITEM: b. ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~
DATE: January 23, 2009 CITY ATTORNEY
CITY MANAGER ~
SUBJECT: General Plan Amendment/Zone Change 08-1079 (Ward 4 upon annexation)
Eric Sertic, representing CNC Properties LLC, the property owners, has applied for a
general plan amendment and zone change on approximately 32.91 acres generally
located at the northeast corner of Rosedale Highway (SR-58) and Jenkins Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from UER (Urban Estate
Residential) and ER (Estate Residential) to OC (Office Commercial), GC (General
Commercial), and SR (Suburban Residential) on 32.91 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 101-23 from A (Agriculture
Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development
Zone), C-O/PCD (Professional and Administrative Office/Planned Commercial
Development Zone), and E (Estate Zone) on 32.91 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
This project site is located at the northeast comer of Rosedale Highway and Jenkins Road. The
applicant is requesting to amend the Metropolitan Bakersfield General Plan Land Use Element to
change the land use designations from A (Agriculture Zone) to G2/PCD (Regional
Commercial/Planned Commercial Development Zone), GO/PCD (Professional and Administrative
Office/Planned Commercial Development Zone), and E (Estate Zone) on 32.91 acres. The project
also includes annexation into the City.
The property owner, for December 2004 GPA cycle, submitted a General Plan Amendment/Zone
Change (#04-1340) request to change the land use designation to HMR & LI and prezoning to R-2 and
M-1 for the site. At that time the proponent did not have any specific development plans and the
nearby residents opposed the project. The Planning Commission on December 16, 2004,
recommended denial of the proposal and the proponent eventually withdrew the application.
The applicant resubmitted a proposal for horizontal mixed use development which includes commercial
& office use and a residential buffer along the northern portion. This proposal would allow for the
ADMINISTRATIVE REPORT
Page 2
development of 32 single-family dwelling units in the northern portion of the site, 77,750 square feet of
gross leasable area (GLA) for retail commercial and approximately 41,000 square feet of professional
office space on the southern portion of the 32.91-acre site. Primary access to the site has yet to be
determined, however, will likely occur from Jenkins Road. Jenkins Road is designated as a collector on
the Circulation Element of the Metropolitan Bakersfield General Plan. The site is also adjacent to
Rosedale Highway (State Route 58), which is under the responsibility of Caltrans. Caltrans may grant
access to the site from Rosedale Highway. This access is covered under Condition # 16. Rosedale
Highway is designated as an arterial on the Circulation Element of the Metropolitan Bakers#e/d General
Plan. Development of the site will require full dedication and improvements to both Rosedale Highway
and Jenkins Road (Condition #11a). The area east of the site has an approved Tentative Tract (Tract
6921) for the development of estate size single family residential lots and a church site along Rosedale
Highway. This area was recently annexed to the City (Annexation No. 553 completed on January 29,
2008). In response to desires of the property owners to the north, Phairfield Street will be "cut off" and
become a cul-de-sac through conditions for Tract 6921.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on December 18, 2008, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and 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 November 12,
2008, in accordance with CEQA.
BM: - S:\GPA 4th 2008\OS-1079Wdm SRWdmin Report OS-1079.doc
MEETING DATE: February 11, 2009 AGENDA SECTION: Hearings
ITEM: ~~ • b.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ _
DATE: January 23, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-1722 (Ward 3)
McIntosh 8~ Associates, representing Nickel Family LLC, the property owner, has
applied for a general plan amendment, specific parks and trails plan amendment, and
zone change on approximately 1,863 acres, generally located to the east of Alfred
Harrell Highway, extending to the City's eastern boundary encompassing both sides
of State Route 178 (SR-178). The Kem River forms the northern boundary of the
proposed project.
1. Resolution making findings and certifying the Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone Change 06-1722.
2. Resolution adopting the general plan amendment changing the land use
designation, the Circulation Element, and Kern River Plan Element designations
as depicted in Exhibit B attached to the resolution.
3. Resolution adopting the speck parks and trails plan amendment to change the
Plan Map as depicted in Exhibit B attached to the resolution.
4. First reading of ordinance amending Title 17 of the Municipal Code and Zoning
Maps No. 10401, 10410, 10411, 10412, & 105-6 (Exhibit F) to change the
zoning more thoroughly described in Exhibit G attached to the ordinance.
RECOMMENDATION:
Staff recommends adoption of resolutions certifying the Environmental Impact Report and approving
the proposed general plan amendment, specific parks and trails plan amendment and first reading of
the ordinance.
BACKGROUND:
The proposed project would allow for approximately 4,688 residential units, approximately 20.39
acres of GC (General Commercial), and 44.39 acres of MUC (Mixed Use Commercial). The
commercial use will include approximately 505,361 square feet of retail space spilt between two
areas. The proposed project also includes proposed collector alignments. Approximately 738.53
acres of land will be reserved for the development of landscaped trails, parks, and open space areas
that would link to the City's existing park and trail system and accommodate the recreational needs of
the residents.
ADMINISTRATIVE REPORT
Page 2
The northern portion of the proposed project lies within the Kern River Plan Element. The purpose of
the proposed amendment to the Kern River Plan Element is to conform to the requested GPA land
use designations. The focus of the Kern River Plan Element is on the preservation and maintenance
of the primary floodway channel of the Kem River. The Circulation Element Amendment will result in
the establishment of two new collector roadways; the realignment of Old Walker Pass Road (located
west of Rancheria Road, an existing arterial), extending southeast and connecting to SR 178; and a
new collector roadway extending southeast from SR 178 to the project boundary. The proposed
project is also requesting an amendment to the Specific Parks and Trails Plan for Northeast
Bakersfield in order to expand the plan area boundaries to include all of the proposed project area
(the project area that is generally to the east of Rancheria Road). The amendment would provide a
trails system and public parks through the development that will allow for foot access, riding and
hiking trails, and bicycle paths.
The proposed zone changes include single family residential zoning with Planned Unit Development
overlay, commercial with Planned Commercial Development overlay and open space zoning. Some
of the proposed residential, commercial and open space areas include the Hillside Development
Combining Zone overlay. This overlay zone is applicable to those larger contiguous areas generally
having average natural slopes of 8% or more. Slope Protection Areas with slopes of 15% and
greater are also located within the project area; these areas are to be left in their natural state with no
structures or fences allowed on the slope face.
The CEQA requirements have been followed by staff and the Planning Commission for the project.
Staff conducted an initial study and it was determined that the project could have a significant
environment effect. Therefore, in accordance with CEQA, an Environmental Impact Report (EIR) was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a
public scoping meeting on October 24, 2007, an adequacy hearing to receive comments on the Draft
EIR on November 6, 2008, and a hearing on the Final EIR on December 18, 2008. The Final EIR
was recommended for certification by the Planning Commission on December 18, 2008.
The Planning Commission conducted a public hearing on this general plan amendment/specific parks
and trails plan amendment /zone change on December 18, 2008, and recommended approval to the
City Council. Two individuals at the hearing opposed the request, Gordon Nipp representing the
Sierra Club, and Deborah Dishington a resident of Kernville, California. Mr. Nipp stated comments
regarding farmland conversion mitigation and global warming analysis for this project. Ms. Dishington
stated concerns on impacts to agricultural land and visual open space. The responses to Mr. Nipp
and Ms. Dishington have been included in the record.
Mitigation measures recommended as part of project approval address land use and relevant
planning; agriculture; public health and safety; aesthetics, light and glare; traffic and circulation; noise;
air quality; biological resources; cultural resources; public services and utilities; geologic and seismic
hazards; hydrology and water quality; and mineral resources. The impacts to urban decay were found
to be less than significant and did not require mitigation measures. The applicant agreed to all
conditions and mitigation for the project.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the
project as conditions of approval, and construction in accordance with the uniform building codes,
agriculture, aesthetics, light and glare and noise impacts would remain significant. Staff and the
Planning Commission recommend certification of the Final EIR and accompanying mitigation
monitoring and reporting program and the adoption of CEQA findings and a statement of overriding
considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093.
CG-S:1GPA 4th 2008\OB-1722 (RIo Bravo Ranch EIR)\Staff ReportsVldmin Report.doc
MEETING DATE: February 11, 2009 AGENDA SECTION: Hearings
ITEM: d.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: January 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 08-1238 -Appealed (Ward 2)
The City of Bakersfield has applied for a general plan amendment and a zone change on
2.5 acres, generally located east of the Kem Island Canal between 19~' Street and 21s'
Street in Downtown Bakersfield. Edwin Wilson appealed the decision of the Planning
Commission.
Resolution approving the Negative Declaration, denying the appeal, and approving
the general plan amendment changing the land use designation from OS-P (Parks
and Recreation Facilities) to MUC (Mixed Use Commercial) on 2.5 acres.
2. First reading of ordinance approving the Negative Declaration, denying the appeal,
amending Title 17 of the Municipal Code and amending Zoning Map No. 103-30
from OS (Open Space) to C-C (Commercial Center) on 2.5 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions approving Negative Declaration, denying the appeal, and
approving the proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
A letter was submitted by Mr. Edwin W. Wilson appealing the Planning Commission approval of this
project. It was provided to the City Clerk's office on December 30, 2008. The response to the letter of
appeal are attached to this Administrative Report and in summary address the same issues that were
raised by Mr. Wilson at the Planning Commission meeting on December 18, 2008. These issues include
environmental determination for a Negative Declaration for the project, traffic concerns, and donation of
city property to a private developer.
The proposal would allow for the development of a two-story. 30,000 sq.ft. GSA (General Services
Administration) Federal Courthouse building on the 2.5 acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
December 18, 2008, and recommended approval to the City Council. The project site is located in the
central portion of the Metropolitan Bakersfield area, east of the Kem Island Canal between 19"' Street and
21~ street in Downtown Bakersfield. The area to the west of the site is currently undergoing
improvements as an important phase of the Mill Creek Linear Park Project. The land uses adjacent to the
ADMINISTRATIVE REPORT page 2
project site include an auto storage facility/office building located to the east, industrial buildings located to
the north, the Bakersfield Museum of Art located to the west, and undeveloped land located to the south.
An expansion for the purposes of public parking and staging area is currently in process to the east of the
Central Park area. The expansion will take place on .83 acres located at 408 8~ 424 20"' Street between
Central Park on the west and `V' Street on the east. The expansion is necessary for the long-term
success of Central Park, with regards to neighborhood security and by providing sufi'icient parking for both
the courthouse and park visitors. The Planning Commissions approval was based on a land use decision.
Mr. Edwin Wilson, with Edwin W. Wilson, Inc. Professional Law Corporation, addressed the Planning
Commission during the hearing and expressed his opposition to the proposal. Mr. Wilson stated that he
owns the entire north block of the Rabobank Arena and is concerned over the proposed GSA Federal
Courthouse location. Mr. Wilson indicated that a federal building, such as the courthouse, belongs with
other buildings of similar use and purpose. Mr. Wilson further stated that he is strongly opposed to the
Negative Declaration, which he believes is deemed inappropriate and in nonconformance with the code
and case law. Mr. Wilson further added that he strongly opposes the Redevelopment Agency's efforts to
donate the proposed site to private developers, reaping the benefits therefrom.
Mr. Dale Wilson, brother of Edwin Wilson, addressed the Planning Commission during the hearing and
expressed his opposition to the proposal. Mr. Wilson stated he has no financial interest in the project,
however is concerned with the Redevelopment Agency's efforts to donate the proposed site to private
developers, reaping the benefits therefrom. Mr. Wilson further stated that the site being looked at is in a
gang area designated by the Police Department and pointed out that there are nine separate gangs
operating in that area.
Mr. Ken Mettler addressed the Planning Commission during the hearing and expressed his opposition to
the proposal. Mr. Mettler spoke on the issue of using taxpayers' money, via Redevelopment Agency, to
subsidize a public project that is privately owned.
Some members of the Commission asked Staff to address the points that both Mr. Wilson's brought up
with regard to the project's environmental impacts. When asked, Staff responded that the Public Works
Traffic Engineer prepared an analysis that showed low vehicle trips that did not surpass the threshold to
require a traffic analysis for a proposed government office building. Staff further explained that an analysis
of the parking study would be addressed during site plan review. Staff also stated that an archeological
record search was done, with the only requirement indicating that an archeological survey be conducted
by a professional archeologist on site and that if human remains are discovered during grading or
construction, work would cease and the Kern County Coroner shall be notified immediately. Staff also
stated that they agreed that the park are will be diminished in order to accommodate the courthouse,
however a lot of work has been done to improve and extend the park environment down along the Mill
Creek Corridor. The Commission also expressed concerns over any type of cumulative impact that
prejudices another homeowner or another activity that is going on adjacent to the project. Staff responded
that the cumulative impact analysis reviews many projects that the City may be considering over a course
of time. Staff explained that it does not go into analysis of competition, competitive sites, economic
analysis that will not have a physical impact on the environment or the types of issues that were
presented. Therefore, the Planning Commission unanimously recommended approval of the proposal.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on November 7, 2008,
in accordance with CEQA.
S:\GPA 4th 2008\OS-1238 (GSA Courthouse)\Staff ReportsWdmin Report 02-11-09.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 28, 2009
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
Assistant City Clerk Gafford announced that Closed
Session item 8.a. has been removed by the City Attorney
and Hearing item 14.a. has been withdrawn by the
Appellant.
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Benham, Weir, Hanson,
Sullivan
Absent: Councilmembers Carson, Couch
The Invocation and Pledge were moved forward to this
location.
10. INVOCATION by Jason Klopfenstein, Associate Pastor,
Rosedale Bible Church.
11. PLEDGE OF ALLEGIANCE by Sarah Varela, Student at
Olive Knolls Christian School.
Mayor Hall recognized Boy Scout Troop 53 and Assistant
Scoutmaster Matt Tinney in attendance.
Mayor Hall announced that Closed Session item 8.a. has
been removed by the City Attorney and Hearing item 14.a.
has been withdrawn by the Appellant; and therefore, all
business on this evening's agenda will be heard at this
time, and the City Council will not be reconvening at 6:30
p. m.
ACTION TAKEN
Bakersfield, California, January 28, 2009 -Page 2
PUBLIC STATEMENTS ACTION TAKEN
Marvin Dean spoke regarding the Second Annual San
Joaquin Valley Public Contracting Procurement Expo;
asked for someone from the City to give a welcome at the
awards ceremony on January 29th and the morning of
January 30th; and provided a copy of the program.
Vice Mayor Scrivner asked staff to contact Mr. Dean to
determine who from the City can participate.
Mayor Hall announced he could attend to give a welcome
on Friday, January 30th, at 8:30 a.m.
3. WORKSHOPS
None.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Della
Hodson, President/Chief Professional Officer,
United Way of Kern County, declaring January 30,
2009 Earned Income Tax Credit Awareness Day.
Della Hodson received the Proclamation and made
comments.
b. Presentation by Mayor Hall of Proclamation to
Sandra Magee, Founder and President, Alternative
Dental Hygiene of California, declaring February
Children's Dental Health Month.
Sandra Magee received the proclamation and made
comments.
5. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment
Agency due to the resignation of Thomas P. Mishoe,
term expiring April 22, 2010.
Mayor Hall nominated James Knapp.
Motion by Vice-Mayor Scrivner to ratify the APPROVED
nomination of James Knapp to the Bakersfield AB CARSON,
Redevelopment Agency. COUCH
Mayor Hall acknowledged Tom Mishoe for 10 years
of service to the Bakersfield Redevelopment
Agency.
5.
Bakersfield, California, January 28, 2009 -Page 3
APPOINTMENTS continued ACTION TAKEN
b. One appointment to the Planning Commission due
to the resignation of William Andrews, term expiring
April 30, 2011.
Motion by Councilmember Benham to appoint APPROVED
Vernon "David" Strong, Jr., as the Ward 1 AB CARSON,
nomination to the City of Bakersfield Planning COUCH
Commission.
6.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 14, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from January 1, ABS WEIR
2009 to January 15, 2009 in the amount of
$16,631,779.99 and self-insurance payments from
January 1, 2009 to January 15, 2009 in the amount
of $110,141.31.
Ordinances:
c. First Reading of the following Ordinances:
1. Amending Section 3.12 020 of the Municipal FR
Code relating to presentation of claims
against the City.
2. Amending Section 8.80 170 of the Municipal FR
Code relating to payments to the Finance
Director regarding abatement of public
nuisances.
3. Amending Sections 14.04.050 and FR
14.04.100 relating to payments to the City
Treasurer regarding bills for water service in
the Ashe Water Service Area.
d. Adoption of Ordinance amending Municipal Code
Section 16.08.155 adding a definition of timely filing ORD 4560
of a final map and Chapters 16.20 & 16.22 adding
related text for timely filing procedures.
6.
Bakersfield, California, January 28, 2009 -Page 4
CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance amending Municipal Code ORD 4561
Sections 1.12.010, 1.12.040 and 1.12.050 by adding
Annexation No. 560 consisting of 7,484 square feet
located south of Blomquist Drive, east of McDonald
Way and north of Belle Terrace; Annexation No. 577
consisting of 0.52 acres located north of Belle
Terrace, south of Blomquist Drive and east of Fiorito
Street to Ward 1, Annexation No. 555 consisting of
44.03 acres located on the north side of Snow
Road, west of the Calloway Canal to Ward 4 and
Annexation No. 496 consisting of 49.5 acres located
south of McCutchen Road, west of Gosford Road to
Ward 5.
Resolutions:
f. Resolution authorizing the transfer of unclaimed RES 004-09
money ($9,177.39) to the General Fund.
g. Resolution confirming approval by the Assistant City RES 005-09
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.
h. Emergency replacement of chiller compressor at
Police Department:
1. Resolution dispensing with formal bidding RES 006-09
procedures due to emergency replacement
of chiller compressor at Police Department,
not to exceed $60,000.
2. Accept bid and award contract to Hillcrest Air AGR 09-012
Conditioning & Sheet Metal, Inc. ($53,235)
for replacement of the chiller compressor.
3. Transfer $60,000 from a budgeted Public
Works Department Capital Improvement
Project (Resurfacing, VLF Phase II) to the
Chiller Replacement Project within the
Capital Outlay Fund.
i. Changes to the salary schedule:
1. Amendment No. 2 to Resolution No. 136-08 RES 136-08(2)
setting salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory (non safety)
and Management Units.
Bakersfield, California, January 28, 2009 -Page 5
6. CONSENT CALENDAR continued
Item 6.i. continued
2. Amendment No. 1 to Resolution No. 140-08
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits.
Public Employees' Retirement System (PERS):
1. Resolution of Intention to approve
Amendment No. 6 to Agreement No. 97-39
with the Board of Administration of PERS.
2. First Reading of Ordinance authorizing an
amendment to the Contract of Administration
of the Board of Administration of PERS to
provide Section 21548 Pre-Retirement
Optional Settlement 2 Death Benefit to Local
Miscellaneous Members in Groups 70001 &
70002.
Agreements:
k. Wireless Internet Service in City Parks:
License Agreement with Bright House
Networks to provide wireless Internet service
in Central Park.
2. License Agreement with Bright House
Networks to provide wireless Internet service
in Aera Park.
I. Earth Day Grant:
1. Agreement with California State Parks
Foundation to accept Earth Day Grant
($3,000) sponsored by P.G. & E.
2. Appropriate $3,000 from the California State
Parks Foundation Grant to the Recreation &
Parks Department, Park Operations Budget.
m. Agreement with County of Kern ($375,000
Community Development Block Grant Funds) to
install a spray area mini-park. (Casa Loma Park)
n. Agreement with State of California Department of
Transportation (Caltrans) to widen Rosedale
Highway between State Route 99 and State Route
43. (TRIP)
ACTION TAKEN
RES 140-08(1)
RES 007-09
FR
AGR 09-013
AGR 09-014
AGR 09-015
AGR 09-016
AGR 09-017
Bakersfield, California, January 28, 2009 -Page 6
6.
CONSENT CALENDAR continued ACTION TAKEN
o. Amendment No. 1 to Agreement No. 05-024 with AGR 05-024(1)
Niemeyer & Associates, PC ($8,000) to extend term
four months to May 31, 2009 for track inspection
services for the AMTRAK Railroad from H Street to
Union Avenue.
p. Amendment No. 2 to Agreement No. 07-184 with AGR 07-184(2)
Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to
exceed $150,000) to provide outside legal services
for handling of right-of-way/eminent domain cases
for the Westside Parkway Project.
q. Contract Change Order No. 3 to Agreement No. 08- AGR 08-089
089 with Rudnick Fence Co. ($42,900; revised not 0003
to exceed $450,256) for the Mill Creek Linear Park -
Phase 1 Project.
r. Contract Change Order Nos. 14 & 15 to Agreement AGR 07-304
No. 07-304 with Security Paving Construction 00014, 00015
($66,044.74; revised not to exceed $29,678,372.84)
for the State Route 178 and Fairfax Road
Interchange Project. (TRIP)
Bids:
s. Reject bid for the vapor recovery systems at the
Corporation Yard and Police Department.
t. Reject bid for elevator modernization for City Hall
North.
u. Accept bid from Golden State Peterbilt
($242,780.51) for three (3) replacement brush trucks
for Recreation and Parks Department.
v. Accept bid from Nixon-Egli Equipment Co.
($278,850) for one (1) replacement street sweeper
for Streets Division.
Misce llaneous:
w. Traffic signal and lighting system installation at the
intersections of Harris Road and Old River; Hosking
Avenue and Union Avenue; and, Jewetta Avenue
and Noriega:
Bakersfield, California, January 28, 2009 -Page 7
6.
CONSENT CALENDAR continued
Item 6.w. continued
ACTION TAKEN
Appropriate $200,078 Federal Congestion
Management Air Quality (CMAQ) funds for
the project at Harris Road and Old River;
$200,078 Federal CMAQ funds for the
project at Hosking Avenue and Union
Avenue; and $200,078 Federal CMAQ funds
for the project at Jewetta Avenue and
Noriega to the Public Works Department
Capital Improvement Budget within the
SAFETEA-LU Fund.
2. Transfer $30,000 from a budgeted Public
Works Department Capital Improvement
Project (Miscellaneous Transportation
Construction) to the project at Jewetta
Avenue and Noriega within the
Transportation Development Fund for the
City's local match.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income on item 6.b.
Motion by Vice-Mayor Scrivner to approve Consent
Calendar items 6.a, through 6.w.
7. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution making
findings and updating the Capital Improvement
Plan for the Metropolitan Bakersfield Habitat
Conservation Plan.
b. Public Hearing to consider the proposed
expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant.
1. Appropriate $131,025 State Grant revenues
to the Police Department Operating Budget
within the S.L.E.S.F. Fund.
c. Public Hearing to consider Resolution to authorize
the Bakersfield Redevelopment Agency to sell 1.91
acres of real property located between R Street, S
Street, 14th Street and California Avenue for
$1,000,001 (forgivable note) to CREEKVIEW
VILLAS, LLC (Southwest Consulting, Inc.) for the
development of 36 affordable multi-family town-
homes as Phase 2 of the South Mill Creek Mixed
Use Redevelopment Project.
APPROVED
AB CARSON,
COUCH
RES 008-09
RES 009-09
Bakersfield, California, January 28, 2009 -Page 8
7. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Consent Calendar Hearings opened at 5:39 p.m.
No one spoke.
Consent Calendar Hearings closed at 5:40 p.m.
Motion by Vice-Mayor Scrivner to approve Consent APPROVED
Calendar Hearing items 7.a. through 7.c. AB CARSON,
COUCH
8. CLOSED SESSION
a. Conference with Legal Counsel -Potential REMOVED BY
Litigation; Closed Session pursuant to subdivision CITY ATTORNEY
(b)(1)(3)(A) of Government Code Section 54956.9.
(One matter)
12. CLOSED SESSION ACTION
None.
13. PUBLIC STATEMENTS
None.
14. HEARINGS
a. Public Hearing to consider Resolution denying an
appeal by McIntosh and Associates on behalf of
Nickel Family, LLC and upholding the Board of
Zoning Adjustment decision approving Conditional
Use Permit No. 08-1482 on 13.97 acres in an R-1
(One Family Dwelling) zone located at 18200
Highway 178. (Applicant: Bruce E. Keith/Property
Owner: ASC Treatment Group)
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. COUNCIL AND MAYOR STATEMENTS
Vice-Mayor Scrivner referred to staff for a response a
letter from the HBA regarding various fees.
WITHDRAWN BY
APPELLANT
Councilmember Sullivan referred to staff a streetlight
that is out.
Bakersfield, California, January 28, 2009 -Page 9
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan announced she attended the
centennial celebration this morning of the Hall of Records.
Councilmember Hanson asked TRIP to bring a report
regarding the Westpark area realignment to City
Council on February 25th.
Councilmember Hanson mentioned he received a
suggestion from a constituent that the recycling bins be
picked up once a month instead of every two weeks in
order to save resources.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 5:46 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield