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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