HomeMy WebLinkAbout08/19/09_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
• AGENDA
+ MEETING OF AUGUST 19, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Reverend Curtis Jenkins, Tri-Stone Baptist Church.
3. PLEDGE OF ALLEGIANCE by Taelyr McCormick, 4th Grade Student at Highland Elementary
School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement plaque and gift certificate to Derek L.
Tisinger.
b. Presentation by Mayor Hall of Certificates of Appreciation to the Frontier High School
Men's Varsity Track State Championship Team and coaches.
C. Presentation by Mayor Hall of Certificates of Appreciation to the Fruitvale Junior High
School National History Day Championship Team and coaches.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 29, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from July 17, 2009 to August 6, 2009 in the
amount of $15,361,852.25 and self-insurance payments from July 17, 2009 to August
6, 2009 in the amount of $1,095,902.69.
Ordinances:
(Ward 1,4) c. Adoption of Ordinance amending Municipal Code Sections 1. 12.010 and 1. 12.040
by adding Annexation No. 596 consisting of 50.12 acres located at the southwest
corner of Washington Street and Belle Terrace to Ward 1 and Annexation No. 591
consisting of 86.78 acres located on the north side of Brimhall Road, east of Rudd
Road to Ward 4.
8. CONSENT CALENDAR continued
(Ward 1,2,3,7) d. Adoption of Ordinance amending Municipal Code Sections 1.12.010, 1.12.020,
1.12.030 and 1.12.070 by adding Annexation No. 597 consisting of the following
multiple uninhabited County owned properties: County Property No. 1 consisting of
1557.72 acres located south of Casa Loma Drive, east of Mt. Vernon Avenue; County
Property No. 2 consisting of 160.51 acres located south of Belle Terrace, west of Union
Avenue; County Property No. 3 consisting of 21.12 acres located south of Belle
Terrace and west of Cottonwood Road; County Property No. 4 consisting of 17.48
acres located south of Highway 58 east of Cottonwood Road; County Property No. 5
consisting of 94.52 acres located on the west side of Mt. Vernon Avenue, south of
Bernard Street; County Property No. 6 consisting of 7.57 acres located at the
northeast corner of Cottonwood Road and Belle Terrace; County Property No. 7
consisting of 13,835 square feet located at the northeast corner of Virginia Avenue
and S. Williams Street; County Property No. 8 consisting of 2.32 acres located at the
northeast corner of Cottonwood Road and Casa Loma Drive; County Property No. 9
consisting of 41,746 square feet located east of Virginia Avenue between Lake Street
and Kentucky Street, to Wards 1, 2, 3 & 7.
Resolutions:
(Ward 3-6) e. Resolution determining that Bioxide, a proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding thereof for a period of one (1) year, not to exceed the budgeted amount of
$700,000.
f. Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to Government Code Section 34090, et seq.
(Public Works Department)
(Ward 3-7) g. Resolution amending the official list of designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal
Code.
h. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
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.
(Ward 6) i. Resolution of Intention No. 1641 to add territory, Area 2-40 (6000 & 6020 District Blvd.)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving the Public Works Director's Report.
Agreements:
j. Agreement with Bakersfield Symphony ($50,000 contribution) for Fiscal Year 2009-10.
k. Agreement with California Emergency Management Agency (CaIEMA, formerly
OES) for the possession of the State Type-2 Urban Search & Rescue Trailer and
associated equipment cache.
(Ward 5) I. Amendment No. 1 to Agreement No. 07-154 with RRM Design Group ($68,350;
revised not to exceed $719,150) for design and prepare construction documents for
Fire Station No. 14 and Greystone Park.
2 City Council Meeting of 08/19/2009
S. CONSENT CALENDAR continued
(Ward 6) M. Amendment No. 1 to Agreement No. PW08-179 with Wastewater Solids
Management Co. ($40,000; revised not to exceed $68,200) for cleaning of two (2)
anaerobic digesters at Wastewater Treatment Plant No. 3.
n. Amendment No. 2 to Agreement No. 07-416 with Krazan & Associates, Inc. ($250,000;
revised not to exceed $739,628.75) for material testing services for various
construction projects - calendar years 2008 & 2009.
(Ward 4) o. Allen Road Bridge Project over the Kern River:
1. Amendment No. 1 to Agreement No. 07-078 with Lim & Nascimento
Engineering Corp. ($17,000; revised not to exceed $1,009,050) for construction
management services for the project.
2. Appropriate $17,000 Transportation Development Fund Balance to the Public
Works Department Capital Improvement Budget.
P. Addendum to Agreement No. 06-293 with County of Kern, Pacific Gas & Electric Co.,
Southern California Edison Co. and Southern California Gas Co. to deliver the
Bakersfield and Kern County Energy Watch Program and continue certain energy
efficiency programs to the end of the bridge funding period.
(Ward 2) q. Amendment No. 3 to Agreement No. 02-061 with CC Plaza, LLC for office space at
900 Truxtun Avenue to include space into the master lease that was formerly
subleased to generate a net savings to the City of approximately $1,000 per month.
(Ward 2) r. Amendment No. 1 to Agreement No. 92-76 with Michael Richert for lease of parking
lot at What a Racket Health and Sports, 3500 215' Street.
(Ward 3) s. Contract Change Order No. 54 to Agreement No. 07-304 with Security Paving
Construction ($136,858; revised not to exceed $30,261,903.26) for the State Route 178
and Fairfax Road Interchange Project. (TRIP)
(Ward 3) t. Contract Change Order No. 3 to Agreement No. 09-008 with Griffith Company
($27,662.33; revised not to exceed $1,112,048.17) for the Realignment of Auburn
Street Project.
(Ward 1) U. Contract Change Order No. 2 to Agreement No. 08-236 with AC Materials, Inc.
($29,370.34; revised not to exceed $674,629.79) for the Shoulder Paving at S. Mt.
Vernon Avenue from E. Belle Terrace to E. Planz Road Project.
(Ward 4) v. Contract Change Order No. 1 and 2 to Agreement No. 08-215 with Rock Bottom, Inc.
($10,451.02 credit; revised not to exceed $609,422.98) for the Irrigation Improvements
at Aera Park Project.
Bids:
W. Reject bids for HUD street materials annual contract.
(Ward 1,2) X. Accept bid and award annual contract to Terry Bedford Concrete Construction, Inc.
(not to exceed $890,000) for construction of HUD curb and gutter.
(Ward 3) y. Accept bid and award contract to Granite Construction Co. ($1,550,804) for the
Pavement Rehabilitation 2009 Phase 1 - Mt. Vernon Avenue from S R I 78 to University
Avenue Project. (ARRA)
3 City Council Meeting of 08/19/2009
8. CONSENT CALENDAR continued
(Ward 5,6) Z. Accept bid and award contract to Maverick Asphalt, Inc. (1,661,661) for the
Pavement Rehabilitation 2009 Phase 2 - Ashe Road from White Lane to Ming
Avenue. (ARRA)
(Ward 6,7) aa. Accept bid and award contract to Maverick Asphalt, Inc. ($1,783,543.90) for the
Pavement Rehabilitation 2009 Phase 3 - Wilson Road from White Lane to Planz Road;
Wible Road from Pacheco Road to White Lane and Hughes Lane from White Lane to
Planz Road. (ARRA)
(Ward 1) bb. Landscape Improvements - Watts Drive and Madison Street:
1. Accept bid and award contract to Kern Sprinkler Landscaping, Inc.
($120,314.50) for project.
2. Contract Change Order No. 1 to Agreement with Kern Sprinkler Landscaping,
Inc. ($58,100; revised not to exceed $178,414.50) for expansion of the Madison
Street project.
(Ward 3) cc. Mesa Marin Sports Complex:
1. Accept Base Bid and Additive Alternates 1, 2, 4, 5, 6 & 7 and award contract
to Kern Pacific Construction ($3,127,500) for project.
2. Appropriate $684,811 Park Development Fund balance to the Recreation and
Parks Department Capital Improvement Budget.
(Ward 2) dd. Accept bid and award contract to Gilliam & Sons, Inc. ($134,114) for Rick's Recycling
Demolition Project at 730 California Avenue.
(Ward 1,6) ee. Accept bid and award annual contract to Clean Harbors Environmental Services,
Inc. ($67,456) for sulfa treat media removal related to cogeneration energy
production for Wastewater Division.
Miscellaneous:
ff. League of California Cities Annual Conference appointment of voting delegate and
City positions on Conference Resolutions. (Legislative & Litigation CommHtee
recommends the appointment of Jacquie Sullivan as voting delegate and staff recommends
acceptance of the recommendations for the proposed resolutions.)
Staff recommends adoption of Consent Calendar items a through ff.
4 City Council Meeting of 08/19/2009
9. CONSENT CALENDAR HEARINGS
(Ward 3) a. General Plan Amendment No. 09-0600; The City is requesting a general plan
amendment to change the Circulation Element - Circulation Map generally located
in the northwest Bakersfield area, on the west side of Freeway 99, south of Olive
Drive. (Staff recommends adoption of resolution.)
1. Resolution approving the Negative Declaration, adopting the general plan
amendment of the Circulation Element to change the designation of
Hageman Road from a collector to an arterial between Landco Drive and
State Route 99 (SR-99)/Golden State Avenue (SR-204) and remove the future
bikeway route at the same location. This amendment will also revise the
alignment of Standard Street (collector) from its current diagonal alignment
intersecting with Landco Drive and Hageman Road to a horizontal (east-west)
alignment from Atlas Court and intersecting with Landco Drive 'A mile south of
Hageman Road.
b. General Plan Amendment No. 09-0326; The City has applied for a general plan
amendment to incorporate land use changes approved by the Kern County Board
of Supervisors. (Staff recommends adoption of resolution.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate land use changes 1) from LMR/LR (Low Medium
Density Residential) to LI (Light Industrial) on 1.96 acres located north of
Rosedale Highway, generally west of Calloway Drive and 2) from SR/LR
(Suburban Residential/Low Density Residential) to GC (General Commercial)
on 18.02 acres located north of Taft Highway, generally east of South H Street,
approved by the County of Kern.
(Ward 3,4,5)= c. General Plan Amendments/Zone Changes: (Staff recommends continuance to
September 9, 2009 meeting.)
1. General Plan Amendment/Zone Change No. 09-0023.
2. General Plan Amendment/Zone Change No. 09-0258.
3. General Plan Amendment/Zone Change No. 03-0337 (The Canyons Project).
10. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
5 City Council Meeting of 08/19/2009
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for the following cases:
1. George Hollingsworth v. City, et al; KCSC Case No. S-1500-CV-264923-SPC.
2. Robert Pratt v. City; KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-
259414-AEW and S-1500-CV-261666-AEW
3. Home Builders Association of Kern County, Inc. v. City, et al; KCSC Case No. S-
1500-CV 267954 NFT
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b) (1) (3) (A) of Government Code Section 54956.9. (One matter)
RECESS TO CLOSED SESSION
16. CLOSED SESSION ACTION
17. ADJOURNMENT
Respectfully submitted,
(qA"-
J Alan Tandy
d _ City Manager
08/11/09 3:25pm
6 City Council Meeting of 08/19/2009
AGENDA HIGHLIGHTS
August 19, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
CONSENT CALENDAR
Resolutions
Item 8e. Resolution Determining that Bloxide Cannot be Reasonably Obtained Through the
Usual Biddina Procedures and Authorizina the Finance Director to Dispense with Bidding Thereof
for a Period of One (1) Year In an amount not to exceed $700 000 An odor alleviation study
showed that the use of Bloxide Is the only effective method) for controlling odors associated with
Sewer Trunk Lines in various areas of the City. Bloxide is a proprietary chemical used for sewer
odor control and reduction of sulfide gas levels. Due to the fact that Bloxide is a sole source
product of U.S. Filters and the City's need to continually inject Bloxide to control odors in the
Sewer Trunk Lines, staff is recommending adoption of the Resolution to dispense with bidding
and authorize the purchase of Bloxide on a continuing basis to meet the City's needs. This
purchase is not to exceed the budgeted amount of $700,000. If at any time it is determined
that other products or more effective products are available, staff will re-evaluate the sole-
source purchase of Bloxide and will seek competitive pricing to for the alternative.
Agreements
Item 8n. Amendment to an Aareement with Krazan & Associates, Inc. for Material Testing
Services for Various Construction Protects - Calendar Years 2008 & 2009 in the amount of
$250,000 and not to exceed $739,628.75. Due to an increase in the number of projects that
require the materials testing services provided by Krazan & Associates, there is a need to adjust
the total compensation of their existing Agreement. This increase in projects where testing is
required is in large part due to the increased number of paving projects planned for 2009 as a
result of funding from the American Recovery and Reinvestment Act. This along with additional
testing requirements for other projects will result in the depletion of the contract compensation
prior to the expiration of the Agreement. Funding for this Amendment will be from budgeted
Capital Improvement Projects.
Item 8s. Contract Change Order to an Agreement with Security Paving Construction for the
State Route 178 and Fairfax Road Interchange Project In the amount of $136,858 and not to
exceed $30,261,903.26. This Change Order provides for the modification of the property wall
along the west side of Fairfax Road. After the roadway was constructed to the designed
profile, the property wall was insufficient in height to provide adequate privacy for the
homeowner. The property wall footing needs to be enlarged to meet the structural
requirements for adding additional blocks to the wall to achieve the desired height. Adequate
funds have been previously budgeted to cover this additional cost.
Bids
Item 8x. Accept Bid and Award Contract to Terry Bedford Concrete Construction, Inc. for the
Annual Contract for Construction of HUD Curb and Gutter in an amount not to exceed
$890,000. Invitations to bid were sent to over three hundred (300) contractors for the Annual
Contract for construction of curbs, gutters and sidewalks in the areas of the City receiving HUD
funding. A total of three (3) bids were received with Terry Bedford Concrete Construction, Inc.
being the lowest. The bids submitted are based on an estimated quantity of work multiplied by
the contractor's unit price. The contract award Is for a one-year period, renewable annually for
four (4) consecutive one-year periods.
Item 8y. Accept Bid and Award Contract to Granite Construction Co. for the Pavement
Rehabilitation 2009 Phase 1 - Mt Vernon Avenue from SRI 78 to University Avenue Protect in the
amount of $1,550,804. This project consists of reconstructing the existing pavement structural
section, construction of access ramps, modifying curb & gutter, striping, traffic signal detector
loops and other improvements to the above referenced street section. On July 29, 2009, a
total of four (4) bids were received with Granite Construction Company being the lowest. This
project is 100% funded through the American Recovery and Reinvestment Act (ARRA).
Item 8z. Accept Bid and Award Contract to Maverick Asphalt, Inc. for the Pavement
Rehabilitation 2009 Phase 2 - Ashe Road from White Lane to Mina Avenue in the amount of
$1,661,661. This project consists of reconstructing the existing pavement structural section,
modification of access ramps to meet current ADA standards, modification of curb & gutter,
striping, traffic signal detector loops and other improvements to the above referenced street
section. On July 30, 2009, a total of three (3) bids were received with Maverick Asphalt, Inc.
being the lowest. This project is 100% funded through the American Recovery and Reinvestment
Act (ARRA).
Item 8aa. Accept Bid and Award Contract to Maverick Asphalt, Inc. for the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from White Lane to Planz Road; Wible Road from
Pacheco Road to White Lane; and Hughes Lane from White Lane to Planz Road in the amount
of $1,783,543.90. This project consists of reconstructing the existing pavement structural section,
modification of access ramps to meet current ADA standards, modification of curb & gutter,
striping, traffic signal detector loops and other improvements to the above referenced street
sections. On July 31, 2009, a total of three (3) bids were received with Maverick Asphalt, Inc.
being the lowest. This project is 100% funded through the American Recovery and Reinvestment
Act (ARRA).
Item 8bb. Landscape Improvements - Watts Drive and Madison Street. This project consists of
landscaping improvements to portions of Wafts Drive and Madison Street that will enhance the
Bakersfield Airport. The project design allows for expansion of the improvements on both streets
as funds become available. This project is funded through the use of $200,000 in Community
Development Block Grant funds. On July 2, 2009, a total of six (6) bids were received with Kern
Sprinkler Landscaping, Inc. being the lowest. This Item Includes accepting the bid and
awarding the contract to Kern Sprinkler Landscaping, Inc. for the above referenced work in the
amount of $120,314.50 and the approval of a Change Order to expand the scope of
landscape improvements on Madison Street in the amount of $58,100 and not to exceed a
revised total of $178,414.50.
Agenda Highlights - August 19, 2009 Council Meeting
Page 2
Item 8cc. Mesa Marin Sports Complex. This project was placed out to bid with a base bid and
12 additive alternates. The base bid consisted of four (4) lighted softball fields, with a 1,040 sq.
ft, pre-fabricated restroom/concession building, landscaping and irrigation Improvements on
the fields, site security lighting, and wet and dry utility services. The 12 additive alternates
include a range of additional amenities for the project. The contract for this project is to be
awarded based on the base bid amount. On August 4, 2009, ten (10) bids were received with
Kern Pacific Construction being the lowest base bid. This Item includes the acceptance of the
base bid and additive alternates 1, 2, 4, 5, 6 and 7 and award of the contract to Kern Pacific
Construction in the amount of $3,127,500. In order to fully fund the base bid and additive
alternates as described, an additional appropriation of Park Development Fees and Park
Acquisition Fees is necessary. Staff recommends the appropriation of $684,811 in Park
Development Fund balance to the Recreation and Parks Department's Capital Improvement
Budget to accomplish this. With this appropriation, there will be a total of four (4) funding
sources going towards this project which Include Proposition 40 bond funds, Park Improvement
Funds, Capital Outlay Funds and the above referenced Park Development & Acquisitions Fee
funds.
Item 8dd. Accept Bid and Award Contract to Gilliam & Sons, Inc. for Rick's Recycling
Demolition Proiect Located at 730 California Avenue in the amount of $134,114. In April 2009,
the Bakersfield Redevelopment Agency acquired the above referenced property to facilitate
the development of the Mill Creek South, Mixed Use Project. This contract Is for the demolition
of the existing facility located on this site. Three (3) bids were received (one withdrawn) with
Gilliam & Sons, Inc. being the lowest. This project Is funded with Community Development Block
Grant funds.
Miscellaneous
Item 8ff. League of California Cites Annual Conference - Appointment of Voting Delegate and
City Positions on Conference Resolutions. On July 20, 2009, the Legislative and Litigation
Committee approved the recommendation to appoint Councilmember Sullivan as the 2009
League Conference delegate. This recommendation is being forwarded to the City Council for
consideration and approval. In addition, staff has made recommendations on two Resolutions
which will provide policy guidance for the League during the upcoming year. The City
Manager and City Attorney are forwarding these recommendations to the City Council for
approval and direction to the City's Conference Voting Delegate.
CONSENT CALENDAR HEARINGS
There are three Items on the Consent Calendar Hearings (Items a.-c.) that are related to
amending the General Plan. Items a. and b. staff is recommending adoption of the resolutions
due to the fact that these amendments do not include environmental documents related to
the impacts of traffic on the environment. Staff is recommending that item c. (which includes
three GPA proposals) be continued to September 9, 2009 due to the fact that this General Plan
Amendment request Includes proposed project traffic mitigation which relies partially on
payment of the Regional Transportation Impact Fee (RTIF). The regional traffic mitigation
conditions related to this project assume payment of the correct RTIF. In light of the recent
lawsuit flied by the HBA challenging the validity of the RTIF staff is recommending the
continuance to allow for a reasonable opportunity to evaluate the potential Impacts of the
pending lawsuit on the subsequent approvals.
Agenda Highlights - August 19, 2009 Council Meeting
Page 3
s ~
CLOSED SESSION
There will be a conference with legal counsel regarding three cases of existing litigation and
one case of potential litigation.
Approved:
Alan Tandy, City Manager jrf
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - August 19, 2009 Council Meeting
Page 4
9 ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Presentations
ITEM: (p. a,
TO: Honorable Mayor and City Council APPROVED
FROM: Javier Lozano, Human Resources Manage '9DEPARTMENT HEAD
DATE: July 7, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Derek L. Tisinger.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Derek L. Tisinger Fire Captain with 27'h years of service to the City of Bakersfield.
PARETIREMENT PERS MISCELLANEOUSWdmin Report Retiree Presentations Tisinger.doc 7/212009
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ADMINISTRATIVE REPORT
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MEETING DATE: August 19, 2009 AGENDA SECTION: Presentations
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: July 31, 2009 CITY ATTORNEY Q~
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Certificates of Appreciation to the Frontier High School Men's
Varsity Track State Championship Team and coaches.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: August 19, 2009 AGENDA SECTION: Presentations
ITEM: Lo. C.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAW47- =r
DATE: July 31, 2009 CITY ATTORNEY p
CITY MANAGER ~w
SUBJECT: Presentation by Mayor Hall of Certificates of Appreciation to the Fruitvale Junior High
School National History Day Championship Team members and coaches.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: , a,,
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD r
DATE: August 7, 2009 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Approval of Minutes of the July 29, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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° ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 7, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from July 17, 2009 to August 6, 2009 in the amount
of $15,361,852.25 and Self Insurance payments from July 17, 2009 to August 6, 2009
in the amount of $1,095,902.69.
RECOMMENDATION:
Staff recommends approval of payments totaling $16,457,754.94.
BACKGROUND:
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August 7, 2009, 8:58AM
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ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~j .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 30, 2009 CITY ATTORNE
CITY MANAGER
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections §1.12.010 and,
§1.12.040 by adding Annexation No. 596 consisting of 50.12 acres, located at the
southwest comer of Washington Street and Belle Terrace to Ward 1 and Annexation No.
591 consisting of 86.78 acres, located on the north side of Brimhall Road, east of Rudd
Road to Ward 4. (Wards 1 and 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 29, 2009.
This ordinance amends the ward boundary to include Annexation 596 & 591 into the corresponding
Council ward. These annexations were recently approved by LAFCO.
Annexation No. 596 is located at the southwest comer of Washington Street and Belle Terrace. The
annexation territory consists of 50.12 acres of vacant land. The property owner proposes commercial
development of the project site. The property owner requested annexation for development purposes
and to receive city services. This area will be included into Ward 1.
Annexation No. 591 is located on the north side of Brimhall Road, east of Rudd Road. The annexation
territory consists of 86.78 acres of undeveloped land. The property owner requested annexation for
development purposes and to receive city services. This area will be included into Ward 4.
S:\Dana\ADMINS\2009\Aug\8-19-591 & 5% Ann 2.doc
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ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 30, 2009 CITY ATTORNEY ✓/tal
CITY MANAGER
SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Sections §1.12.010,
§1.12.020, §1.12.030 and §1.12.070 by adding Annexation No. 597 consisting of the
following multiple uninhabited County owned properties: County Property no. 1,
consisting of 1557.72 acres, located south of Casa Loma Drive, east of Mount Vernon
Avenue, County Property no. 2, consisting of 160.51 acres located south of Belle
Terrace, west of Union Avenue, County Property no. 3, consisting of 21.12 acres,
located south of Belle Terrace and west of Cottonwood Road, County Property no. 4,
consisting of 17.48 acres, located south of Highway 58, east of Cottonwood Road,
County Property no. 5, consisting of 94.52 acres, located on the west side of Mount
Vernon Avenue, south of Bernard Street, County Property no. 6, consisting of 7.57
acres, located at the northeast comer of Cottonwood Road and Belle Terrace, County
Property no. 7, consisting of 13,835 square feet, located at the northeast corner of
Virginia Avenue and South Williams Street, County Property no. 8, consisting of 2.32
acres, located at the northeast comer of Cottonwood Road and Casa Loma Drive,
County Property no. 9, consisting of 41,746 square feet, located east of Virginia Avenue,
between Lake Street and Kentucky Street, to Wards 1, 2, 3 & 7. (Wards 1, 2, 3 and 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 29, 2009.
This ordinance amends the ward boundaries to include 9 separate County owned properties (known
as Annexation No. 597, County Owned Properties No. 1) into the corresponding Council wards as
listed below. These properties are adjacent to the City limits. The City Manager's Office has
negotiated with the County of Kern to annex these lands that are within supervisory District No. 5.
S:\Dana\ADMWS\2009\Aug\8-19-597 Ann 2.doc
ADMINISTRATIVE REPORT Paget
• County Property no. 1, known as the Mount Vernon Sanitation District (this area is developed
with the Kern County Treatment Facility), consisting of 1557.72 acres and located south of Casa
Loma Drive, east of Mount Vernon Avenue. This area will be included into Ward 1.
• County Property no. 2, the Kern County Fairgrounds and Armory facility, consisting of 160.51
acres. The property is located generally south of Belle Terrace, west of Union Avenue. This
area will be included into Ward 1.
• County Property no. 3, Belle Terrace Park, consisting of 21.12 acres. The property is located
south of Belle Terrace and west of Cottonwood Road. This area will be included into Ward 1.
• County Property no. 4, the Kern Delta Park, consisting of 17.48 acres. The property is located at
the southwest corner of McKee Road and South H Street. This area will be included into Ward
7.
• County Property no. 5 includes Kern Medical Center, Juvenile Hall and Heritage Park,
consisting of 94.52 acres. The properties are located on the west side of Mount Vernon Avenue,
south of Bernard Street. This area will be included into Ward 3.
• County Property no. 6, County Community Services facility, consisting of 7.57 acres. The
property is located at the northeast corner of Cottonwood Road and Belle Terrace. This area
will be included into Ward 1.
• County Property no. 7, a sump, consisting of 13,835 square feet. The property is located at the
northeast corner of Virginia Avenue and South Williams Street. This area will be included into
Ward 1.
• County Property no. 8, a sump, consisting of 2.32 acres. The property is located at the
northeast corner of Cottonwood Road and Casa Loma Drive. This area will be included into
Ward 1.
• County Property no. 9, known as the East Side Canal, consisting of 41,746 square feet. The
property is located generally east of Virginia Avenue, between Lake Street and Kentucky Street.
This area will be included into Ward 2.
S:\Annexation\Ordinances\2009\Admin adopt-8-19 597.docx
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ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: July 23, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution determining that Bioxide, a proprietary chemical for sewer odor control and
reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding thereof for a
period of one (1) year, not to exceed the budgeted amount of $700,000. (Wards 3, 4, 5 & 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Some areas of Southwest, Northwest and Northeast Bakersfield experience continuing
odor problems from the Sewer Trunk Line thus creating a nuisance to residents and businesses.
Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control District (District) policies
and can be punishable by a fine. The City has previously received a warning from the District to alleviate
the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine by
the District. Carollo Engineers conducted an odor alleviation study and, Bioxide, a proprietary and
therefore sole source product of U.S. Filters was found to be the only effective agent for controlling odors
in the Sewer Trunk Lines.
Due to the proprietary nature of Bioxide, and the need to continually inject Bioxide to control odors in the
Sewer Trunk Lines, staff is recommending adoption of the Resolution to dispense with bidding for Bioxide
and authorizing the purchase of Bioxide on a continuing basis in amounts to meet the City's requirements,
not to exceed the budgeted amount of $700,000. If at any time it is determined that other products or
more effective products are available, staff will re-evaluate the sole source designation of Bioxide and will
seek competitive pricing to insure the best interests of the City are met.
Purchasing Division
&TURCKADMIMAdmin 09-10\13ioxide Sole Source Resolution, August 19, 2009.doc
July 23, 2009, 4:27PM
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ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /L
DATE: July 29, 2009 CITY ATTORNEY
CITY MANAGER )6~Z
SUBJECT: A Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to California Government Code Section 34090, et.
seq. (Public Works Department).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This Resolution authorizes the Public Works Department to destroy obsolete records
and reports, etc., in accordance with Exhibit "A" of the Resolution. Governmental Code Section 34090
permits destruction of certain public records upon the approval of the City Attorney and a Resolution
adopted by the City Council.
Attached is a copy of the Records Destruction Schedule marked Exhibit "A".
G:\GROUPDAT\ADMINRPT\2009\08-19\Record Destruction Admin.doc
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ADMINISTRATIVE REPORT
LIF
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution amending the official list of designated speed zones, pursuant to Sections 22357
and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal
Code (Wards 3, 4, 5, 6 & 7).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution establishes speed zones which can be enforced by radar on roadways
within the City. The roadway segments below are proposed to have a speed zone change, road segment
limit change, or had been previously established by the County.
Speed Existing Proposed
Zone Speed Speed
Location Limit Limit
Council Ward #3
Manor Street, from Union Ave to City Limits 55mph 45mph
Miramonte Drive, from Highway 178 to Ventana Canyon Drive 55mph 45mph
Sillect Avenue, from Buck Owens Blvd to Arrow Street 40mph 35mph
Council Ward #4
Brimhall Road, from Calloway Drive to Jewetta Avenue 55mph 50mph
Brimhall Road, from Jewetta Avenue to Allen Road 55mph 50mph
Calloway Drive, from Rosedale Hwy to Hageman Road 55mph 50mph
Calloway Drive, from Hageman Road to Olive Drive 55mph 50mph
Deer Peak Drive, from Buena Vista Road to Grand Lakes Avenue 55mph 35mph
Council Ward #5
White Oak Drive, from Old River Road to Mountain Oak Drive 55mph 30mph
Council Ward #6
Ardmore Street, from Stine Road to Akers Road 45mph 30mph
TrafficEng - Rev. 8/11/2009 10:08:58 AM (Project No. T9K122)
G:\GR0UPDATVIDMINRPT\2009\08-191Admin_Rpt_SpeedLimits Aug19.doc
ADMINISTRATIVE REPORT
Council Ward #7
Berkshire Road, from Wible Road to Granite Hills Street 45mph 35mph
Chapter 7 of the California Vehicle Code (CVC) defines three different speed limits within which all drivers
should obey whether or not signs are erected indicating those speed limits. The three different speed
limits are as follows:
1. 15 m.p.h.
a. At "blind" railroad crossings. (CVC Section 22352.a.1)
b. At "blind" intersections. (CVC Section 22352.a.2)
C. On any alley. (CVC Section 22352.a.3)
2. 25 m.p.h.
a. In a "residence" district. (CVC Section 22352.b.1)
b. In a "business" district. (CVC Section 22352.b.1)
C. In a school zone. (CVC Section 22352.b.2)
3. 55 m.p.h.
Upon a two-lane, undivided highway. (CVC Sections 22349 b., and 40802)
4. 65 m.p.h.
Any street which does not fall into the categories listed in numbers 1, 2 and 3 above. (CVC
Sections 22349.a. and 40802)
The California State Legislature revised the California Vehicle Code (CVC) effective January 1, 1997 to
set the maximum speed limit at 65 mph.
The CVC allows the 25 m.p.h. speed limit to be raised (Section 22357) or the 65 m.p.h. speed limit to be
lowered (Section 22358) to facilitate the smooth orderly flow of traffic. This increase or reduction is done
by an "Engineering and Traffic Survey". The survey must be done in accordance with State mandated
procedures and must be renewed every five (5) years.
The speed limit which is proposed in the subject resolution has been established as a result of an
"Engineering and Traffic Survey".
TrafficEng - Rev. 8/11/2009 10:08:56 AM (Project No. T9K122)
G:IGROUPDATWDMINRPT\2009\08-19V1dmin Rpt SpeedLimits_Aug19.doc
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ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent
ITEM .h,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 31, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County
Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on August 10, 2009, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which
constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The
property owners were notified and failed to comply with the notices to abate such public nuisance. After a
hearing duly noticed and held before the Building Director, the Director issued orders requiring the
property owner to abate the public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 811 Casino Street 170-231-15 $ 753.00
2. 813 Casino Street 170-231-14 $ 723.00
3. 316 Clifton Street 018-370-08 $ 875.00
4. 5408 El Palacio Drive 173-580-38 $ 795.00
5. 510 Fig Street 011-041-09 $ 900.00
August 3, 2009, 10:17AM
S:\Dana\ADMINS\2009\Aug\8-19-Property Abatement.doc
ADMINISTRATIVE REPORT Page 2 of 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 301 Hayes Street 018-360-37 $ 795.00
7. 421 Miraflores Avenue 516-072-16 $ 755.00
8. 311 S. N Street 011-082-08 $ 1,100.00
9. 328 Northrup Street 018-290-05 $ 775.00
10. 1521 O'Neill Avenue 412-212-18 $ 745.00
11. 1125 Snyder Lane 011-082-02 $ 1,100.00
12. 217 T Street 010-051-07 $ 825.00
13. 929 Wallace Avenue 139-132-01 $ 680.00
14. 915 Watts Drive 170-132-09 $ 740.00
Ward 2/Councilmember Sue Benham
15. 601 Beech Street 007-362-12 $ 800.00
16. 709 Eye Street 009-251-07 $ 1,950.00
17. 713 Eye Street 009-251-06 $ 1,300.00
18. 3815 K Street 120-060-08 $ 900.00
19. 1114 Lake Street 015-340-13 $ 300.00
20. 233 Lincoln Street 012-290-07 $ 745.00
21. 816 25th Street 005-151-01 $ 775.00
22. 830 25"' Street 005-151-03 $ 775.00
Ward 3/Councilmember Ken Weir
23. 3306 Colgate Lane 383-243-05 $ 740.00
24. 2800 Cornell Street 021-363-05 $ 725.00
25. 2909 Cornell Street 021-352-16 $ 725.00
Ward 4/Councilmember Couch
26. 12320 High Country Drive 528-361-14 $ 785.00
27. 802 Mountain Park Drive 522-321-09 $ 750.00
28. 12714 Stablegate Drive 528-403-02 $ 105.00
Ward 6/Coucilmember Jacauie Sullivan
29. 2605 Akers Road 441-032-02 $ 105.00
30. 8221 Crestridge Court 532-082-16 $ 745.00
Ward 7/Councilmember Zack Scrivner
31. 4400 Balboa Drive 171-182-13 $ 650.00
32. 4410 Balboa Drive 171-182-12 $ 650.00
August 3, 2009, 10:16AM
S:\Dana\ADMINS\2009Wug\8-19-Property Abatementdoc
ADMINISTRATIVE REPORT Page 3 of 3
PROPERTY LOCATION APN COST
Ward 7/Councilmember Zack Scrivner
33. 8709 Brannock Court 514-171-20 $ 775.00
34. 2214 Brazil Avenue 514-631-01 $ 685.00
35. 1713 Clark Avenue 023-114-07 $ 735.00
36. 1905 Clark Avenue 023-124-06 $ 300.00
37. 1422 Innsbruck Drive 517-442-35 $ 725.00
38. 2501 Marshall Street 023-560-01 $ 300.00
39. 3012 Sierra Meadows Drive 514-273-04 $ 105.00
40. 1506 Sierra Summit Avenue 516-114-05 $ 105.00
41. 1811 Vinca Court 405-341-06 $ 875.00
42. 4210 Waterfall Canyon Drive 515-501-13 $ 1,460.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
August 3, 2009, 10:16AM
S:\Dana\ADMINS\2009\Aug\8-19-Property Abatement.doc
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ADMINISTRATIVE REPORT
`LIFO
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council ASP RP OVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 6, 2009 CITY ATTORNEY J,
CITY MANAGER
SUBJECT: Resolution of Intention No. 1641 to add territory, Area 2-40 (6000 & 6020 District Blvd.) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
the Public Works Directors Report. (Ward 6)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
G:\sub\SHARED\PROJECTS\MAINDIST\Formation Documents\MD 2-40\R0I AdminReport.doc
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ADMINISTRATIVE REPORT
I0
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
`
ITEM: 8 1.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: August 7, 2009 CITY ATTORNEY ll(s
CITY MANAGER
SUBJECT: Contribution Agreement with Bakersfield Symphony in the amount of $50,000 for Fiscal
Year 2009-10.
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND: This agreement provides for payments to the Bakersfield Symphony pursuant to
funding approved by the City Council in the FY 2009-10 budget. The contribution to the Bakersfield
Symphony in the amount of $50,000 is for its use of the Rabobank Theater or Bright House
Amphitheater for concerts. The agreement terms are the same as last year's contract. The amount of
this contract is $5,000 less than last year's contribution.
The City has made previous contributions to the Bakersfield Symphony and this group was included in
the Council policy regarding requests for financial assistance as an organization that has an ongoing
relationship with the City and could be considered for funding as part of the City budget process, based
on available funding and subject to City Council review and approval. Staff has met with
representatives of this group and recommends approval of the agreement.
August 7, 2009, 10:26AM
S:\09-10BUDFINAL\Symphony Agreement\Symphony Agreement 09-10 Admin.doc
JWS:rk
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ADMINISTRATIVE REPORT
MEETING DATE August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council PROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: August 4, 2009 CITY ATTORNEY T,
CITY MANAGER
SUBJECT: Agreement with California Emergency Management Agency (CaIEMA, formerly OES) for
the possession of the State Type-2 Urban Search & Rescue Trailer and associated
equipment cache
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City of Bakersfield is a participant in the California Master Mutual Aid Plan administered by the State.
The City Fire Department has been awarded the "Assignee" status of an Urban Search and Rescue
Trailer, along with associated equipment. This equipment will allow the Fire Department to run two large
scale rescue incidents, such as an earthquake, simultaneously in different locations within the City.
There are no matching funds required for this agreement. The trailer and equipment is valued at $110,000.
The benefit to the Bakersfield Fire Department would be the use of this equipment, when needed.
This agreement transfers possession from the State to the City of the Urban Search and Rescue Trailer
and associated equipment as of August 1, 2009 to be used for the following events:
• Local and/or mutual aid search and rescue emergency incidents
• Emergency incidents threatening properties vital to national defense
• Training of firefighters
August 4, 2009, 3:45PM
Documentl
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ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 IM, SECTION: Consent Calendar
1
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-154 with RRM Design Group, ($68,350; for a
revised not to exceed amount of $719,150.00), for design and prepare construction
documents for Fire Station 14 and Greystone Park (Ward 5).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: To support the recent residential growth in the southwest, the City is currently
constructing Fire Station 14 near the intersection of Mountain Vista Drive and Hams Road and proposes
to construct a neighborhood park on adjacent property. The fire station is being constructed on
approximately 2 acres of land located at the northwest comer of the Mountain Vista Drive/Mount Pleasant
Drive intersection, which is about 800 feet south of Harris Road. The neighborhood park will be
constructed on an adjacent 8 acre parcel of land.
On June 5, 2007, the City entered into agreement with RRM Design Group ($650,800) for design and
construction documents for Fire Station No. 14 and Greystone Park. RRM Design Group has completed
design and construction documents for the Fire Station and is currently in the final stages of preparing
construction documents for Greystone Park.
The original scope of work for RRM Design Group included preparing construction documents for the first
phase of Greystone Park only. Due to a favorable bidding climate staff recommends modifying RRM
Design Group's scope of work to provide construction documents for the remainder of amenities for
Greystone Park to be advertised for construction with the first phase of the park. These amenities include
a restroom, splash pad and parking lot. The additional design fee is funded through Paris Development
Fees.
W design
P7C724
August 12, 2009, 10:16AM
G:\GROUPDAT\ADMINRPT\2009\08-19\Amendment 1 to 07-154 Greystone.doc
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ADMINISTRATIVE REPORT
~WRM
L10
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8 YYl E
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD °
DATE: July 31, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Amendment No. 1 to Agreement No. PW 08-179 with Wastewater Solids Management
Company, ($40,000.00; for a revised total contract amount of $68,200.00) for cleaning
of two anaerobic digesters at Wastewater Treatment Plant No. 3 (Ward 6).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The Public Works Department entered into an agreement in October 2008 with
Wastewater Solids Management to clean digesters 5 and 6 at Waste Water Treatment Plant 3.
Digesters 1 and 2 now require cleaning as part of the coordination work with the Wastewater Treatment
Plant 3 Expansion project.
The cost for cleaning digesters 5 and 6 in the original agreement is $14,100 each. The cost for cleaning
digesters 1 and 2 is $15,860 each. Digesters 1 and 2 have a higher sludge level, therefore the cost
increase. Mobilization and contingency costs were added to make it $40,000.
Wastewater Solids Management is a contractor specializing in anaerobic digester cleaning. City staff
does not have the necessary expertise to clean anaerobic digesters.
Sufficient funds are budgeted to fund this amendment.
PW08-016
Isun
7/31/2009 9:51:02 AM
G:IGROUPDATIADMINRPT\2 0 0 910 8-1 91WSM Amendment 1 Admin Report.doc
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ADMINISTRATIVE REPORT
u.
c LI
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 27, 2009 CITY ATTORNEY
CITY MANAGER- sS
SUBJECT: Amendment No. 2 to Agreement No. 07-416 with Krazan & Associates, Inc., ($250,000.00;
for a total not-to-exceed compensation of $739,628.75) for Material Testing Services for
Various Construction Projects, Calendar Years 2008 and 2009.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 07-416 with Krazan & Associates, Inc. was approved by the City
Council on December 12, 2007 with a not to exceed compensation clause of $458,128.75. The amount of
compensation was estimated based upon 1) previous years' contracts for testing, 2) projected amount of
testing needed for the CIP budget years covered, and 3) current hourly rates of the laboratories and field
technicians.
On December 17, 2008, Amendment No. 1 to this agreement increased the hourly rates for field
technicians due to an increase in prevailing wage rates for an increase of $31,500 resulting in an
adjustment of the total compensation to $489,628.75.
The number of paving projects planned for calendar year 2009 has increased due to funding from the
American Recovery and Reinvestment Act (ARRA). These projects will require an extensive amount of
unanticipated material and soil testing. These occurrences and additional testing requirements on other
projects will result in the depletion of the contract compensation before the expiration of the agreement.
This amendment adjusts the total compensation to $739,628.75. Funding for this amendment will be from
budgeted Capital Improvement Projects.
G:\GROUPDAT\ADMINRP-82009\08-19Wmend 2 Agreement 07-416.doc
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ADMINISTRATIVE REPORT
1
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 24, 2009 CITY ATTORNEY y
CITY MANAGER
SUBJECT: Construction Management Services for the Allen Road Bridge Project over the Kern River
(Ward 4):
1. Amendment No. 1 to Agreement No. 07-078 with Lim & Nascimento Engineering
Corporation ($17,000.00; for a total not-to-exceed compensation of $1,009,050.00) for
construction management services.
2. Appropriate $17,000 Transportation Development Fund Balance to the Public Works
Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: On March 14, 2007, Lim & Nascimento Engineering Corporation (LAN) was awarded a
contract to perform construction management services for the construction of the Allen Road Bridge over
the Kern River. After construction began on this project, the Department of Fish and Game stopped all
work in order that further environmental evaluation and mitigation measures could be implemented. This
and other change order work associated with this project extended the completion date from February
2009 to June 2009. This extension of the completion date also extended the time frame in which
construction management services needed to be performed. This contract amendment will provide an
increase of $17,000 to the contract to provide for the additional costs incurred by LAN during the
construction time extension period.
Staff recommends appropriating $17,000 of Transportation Development Fund balance to fund this
Amendment.
SP-Construction
G:\GR0UPDATIADMINRPT12009108-19Vimend 1 to Agreement 07-078 LAN.doc
8/3/2009 4:42:46 PM
n
y
'd 1 coae R4 i~
r ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
~C' `
DATE: July 29, 2009 CITY ATTORNEY
CITY MANAGER 97
SUBJECT: Addendum to Agreement 06-293 with City of Bakersfield, County of Kern, Pacific Gas and
Electric Company, Southern California Edison Company, and Southern California Gas
Company to deliver the Bakersfield and Kern County Energy Watch Program, and continue
certain energy efficiency programs to the end of the bridge funding period. (All Wards)
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
At the September 14, 2006 City Council meeting, an Agreement was approved between the City of
Bakersfield, the County of Kern, Pacific Gas and Electric Company, Southern California Edison Company,
and Southern California Gas Company to implement the Bakersfield/Kern County Energy Watch program.
The Energy Watch program was funded in January 2006 with a $9.1 Million dollar grant awarded by the
California Public Utilities Commission (PUC) for energy conservation programs for commercial and
residential users in Bakersfield and Kern County. (Bakersfield and Kern County Energy Watch Program).
The majority of the grant funds were used by utilities to market the Energy Watch Programs in Bakersfield
and Kern County by providing direct install services and other energy saving improvements to nearly
10,000 residential and commercial utility customers. A portion of the grant funds were allocated to both the
City and County to make energy savings to their respective public facilities. There are several projects
which the City has received energy savings and rebates from during the 2006-08 agreement. The City has
installed new HVAC controls and energy efficient lighting at 1600 Truxtun Ave. (CHN) There were virtual
server upgrades for the City's I.T. Department, the Beach Park Irrigation pump was refurbished, and the
cool roof project was implemented at the Development Services Building.
The rebate money received from PG&E totals $87,752 and the city gained annual energy savings of
366,089 kilowatt-hours. This equates to a greenhouse gas reduction of 267 tons per year which is
equivalent to taking 37 cars off the road.
On July 21, 2008 the utility companies submitted their respective applications for the implementation of the
Kern County Energy Watch Partnership Program for the years 2009 through 2011. On August 18, 2008
the utilities filed a joint request for bridge funding in order to continue certain energy efficiency programs
into 2009 due to the fact the Public Utilities Commission did not finalize their decision on the 09-11
Applications before the end of 2008. The 2006/2008 agreement which provides all Direct Implementation
S:Wdmins\City Council\City Council Admins 2009\Kern Energy Watch Program.doc
7/29/2009 1:24 PM
ADMINISTRATIVE REPORT Page2
and Marketing & outreach activities was due to expire on December 31, 2008. The agreement basically is
a master agreement for the overall implementation of the Energy Watch activities in Bakersfield and Kern
County.
This addendum would extend the term of the current agreement to December 31, 2009 and will cause no
financial impact to the City. The County of Kern executed the addendum on July 14, 2009.
S:Wdmins\City Council\City Council Admins 2009\Kern Energy Watch Program.doc
7/29/20091:24 PM
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ADMINISTRATIVE REPORT
IF
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 6, 2009 CITY ATTORNEY
CITY MANAGER K~
SUBJECT: Amendment No. 3 to Agreement No. 02-061 with CC Plaza, LLC for office space at 900
Truxtun Avenue to include space into the master lease that was formerly subleased to
generate a net savings to the City of approximately $1,000/month. (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On March 6, 2002, the City of Bakersfield entered into Agreement No. 02-061 to lease administrative
office space at 900 Truxtun Avenue for the Recreation & Parks and the Economic & Community
Development Departments. On November 19, 2003, the lease was first amended to delete a portion of
the first floor lease space. Then in December of 2006, the City purchased the Borton Petrini Building. In
January of 2007, the Economic & Community Development Department and the Fire Prevention Division
were relocated from the second floor of 900 Truxtun to the third and fourth floors of the Borton Petrini
Building, and the Thomas Road Improvement Program (TRIP) and Parsons were relocated from the third
and fourth floors of the Borton Petrini Building to the second floor of 900 Truxtun Avenue. This was done
to consolidate the TRIP personnel onto one floor to achieve operational efficiencies.
The lease was amended for the second time on January 30, 2008, to extend the lease term for an
additional three years with two one year extensions. The lease will now run through January 31, 2013 if
both extensions are exercised. Also the lease was amended to delete all but 56 square feet of the first
floor since Recreation & Parks has been relocated into the Borton Petrini Building in February of 2008.
The rent was increased from $1.55 a square foot to $1.70 a square foot or $18,455 per month on a
modified full service basis, meaning the City will pay for rent and janitorial services and the landlord will
pay all other costs.
On July 19, 2006, the City entered into Agreement No. 06-212 with Quad Knopf, Inc. to sublease 2,766
square feet of space on the third floor that they had previously vacated. The additional space was leased
to provide for the additional staff that was hired as TRIP's workload increased. The sublease was on a net
basis meaning the City paid Quad Knopf rent and was responsible for all other costs, including utilities and
janitorial. The sublease with Quad Knopf is due to expire on August 31, 2009. It has been determined
that the City would be better served to relocate into another office suite across the hall from the present
lease space. The new space is approximately 2,146 square feet of rentable area which will result in a
savings of approximately $1,000 in rent plus the cost of utilities. To accomplish this it will be necessary to
amend the existing lease for the second floor (02-061) to include the space on the third floor. All other
terms and conditions of Agreement 02-061 as previously amended will remain the same.
August 6, 2009, 3:45PM
P:WIyFilesWdmin Reports\900 Truxtun Third Amend.doc
DMA/s
A
ADMINISTRATIVE REPORT
IF
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 11, 2009 CITY ATTORNEY 049
CITY MANAGER &
SUBJECT: Amendment No. 1 to Agreement No. 92-76 with Michael Richert, for a parking lot lease at
What a Racket Health and Sports, 3500 21 st Street. In consideration for rent, Michael
Richert agrees to pay all water fees of the landscaped area as defined in the agreement.
(Ward 2)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND:
On April 8, 1992, the City of Bakersfield entered into Agreement No. 92-76 with Ronald B. Boylan to lease
a portion of Beach Park for the purpose of providing non-exclusive parking for the racquetball facility
commonly known as What a Racket Health and Sports. In consideration for rent, Ronald B. Boylan agreed
to maintain the landscaping outlined in Exhibit "A" to the satisfaction of the City's Parks Director.
On January 17, 2007 Michael Richert purchased the racquetball facility and assumed all rights and
obligations under agreement No. 92-76. The City desires to amend the agreement to show Michael
Richert as the successor-in-interest to the racquetball facility.
Subsequent to the purchase of the facility by Mr. Richert, the City expanded the skate facility in Beach
Park. As such, the parking lots are now being used by multiple parties and the maintenance of the
landscaping has increased significantly. Mr. Richert has expressed the desire to relinquish his
responsibility for maintaining the landscaped area. Therefore, to offset the increased costs, it was agreed
that the City would assume the maintenance of the landscaping, and the racquet club would continue to
pay the water bill associated with the landscaping.
Staff is recommending the approval of the amendment agreement.
DMA/s
~yB„
ADMINISTRATIVE REPORT
C `'Rwe as
IF
MEETING DATE August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD a'
DATE: August 6, 2009 CITYATTORNEY jgl~~
CITY MANAGER &
SUBJECT: Contract Change Order No. 54 to Agreement No. 07-304 with Security Paving Construction
($136,858.00 for a revised not to exceed amount of $30,261,903.26) for the State Route 178
and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just east of the
Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 54 provides for the modification of the property wall along the west side of Fairfax Road.
After the roadway was constructed to the designed profile, the property wall was insufficient in height to
provide adequate privacy for the home owner. The property wall footing needs to be enlarged to meet the
structural requirements for adding additional blocks to the wall to obtain the desired height. This change
order results in a net increase of $136,858.00.
The net cost increase of Change Order No. 54 is $136,858.00. This provides a total cost increase of
$932,457.16 which is a 3.18% increase as illustrated below:
• Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 795,599.16
• Current Change Order No. 54 = $ 136,858.00
• Amended Contract Agreement after Change Orders = $30,261,903.26
Net Increase to date = $ 932,457.16
Adequate state/federal funds have been previously budgeted to cover this additional cost.
G:\GROUPDAT\ADMINRPT\2009\08-19\Admin Rpt CCO 54 Fairfax Interchange Project -.doc Project # T7K021
6A
~s
OF AA 44
h ~ f{A
ADMINISTRATIVE REPORT
LIF
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
2-1
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 6, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 3 to Agreement No. 09-008 with Griffith Company ($27,662.33
for a revised not to exceed amount of $1,112,048.17) for the Realignment of Auburn Street
Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of the realignment of Auburn Street, west of Morning
Drive, to meet Caltrans spacing requirements between Auburn Street and the future Morning Drive
Interchange ramps.
Change Order No. 3 provides for the relocation of a street light from the original Auburn Street to the
realigned Auburn Street. The street light relocation was identified in the plans and the specifications, but a
bid item was not identified in the bid proposal to pay for this relocation. This change order results in a net
increase of $27,662.33.
The net cost increase of Change Order No. 3 is $27,662.33. This provides a total cost increase of
$32,560.17 which is a 3.02% increase as illustrated below:
• Current Contract Amount = $ 1,079,488.00
• Previous Change Orders (1, 2 and 4) _ $ 4,897.84
• Current Change Order No. 3 = $ 27,662.33
• Amended Contract Agreement after Change Orders = $ 1,112,048.17
Net Increase to date = $ 32,560.17
Adequate transportation impact fee funds have been previously budgeted to cover these additional costs.
C:\D000ME-1\glorenzi\LOCALS-1\Temp\XPgrpwise\Admin Rpt CCO 003 Auburn Street -.doc Project # T7K021
A
ADMINISTRATIVE REPORT
1
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: $,u,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 2 to Agreement No. 08-236 with AC Materials, Inc.
($29,370.34, for a revised not to exceed amount of $674,629.79) for the project
known as Shoulder Paving at S. Mt. Vernon Avenue from E. Belle Terrace to E.
Planz Road. (Ward 1) '
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: This project provides for the installation of a water line and shoulder paving work on
South Mt. Vernon Avenue.
After constructing and paving the shoulder extension at the entrance to the green waste facility, it became
evident that the structural section of the new paved area would not support the heavy truck and trailer
traffic that enters and exits this facility. As such, this section of paving must be removed and replaced with
a thicker section of asphalt and aggregate base in order to support the traffic loads in this area. The
contractor has agreed to do this work for the lump sum amount of $29,370.34.
This is the second change order to be submitted for this project. This change order will increase the
project total by $29,370.34 (which results in a 19.1% increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $566,599.45
• Amended Contract Agreement after Change Orders = $674,629.79
Net Increase to date = $108,030.34
RM (Conshxbon)
July 31, 2009, 9:16AM
G:\GROUPDA'RADMINRPT12009\08-19\CCO 2 Mt. Vemon Shoulder Paving.doc
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ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: V.
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 29, 2009 CITY ATTORNEY
CITY MANAGER,PS
SUBJECT: Contract Change Order No. 1 and 2 to Agreement No. 08-215 with Rock Bottom Inc.
($10,451.02 credit, for a revised not to exceed amount of $609,422.98) for the project
known as Irrigation Improvements at Aera Park. (Ward 4)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: This project provides for the installation of irrigation facilities at Aera Park.
Contract Change Order No. 1 provides for modification of the planned irrigation system as part of a value
engineering effort on the part of the Contractor. This proposed modification will provide the same function
and irrigation coverage and will eliminate several valves which will simplify maintenance of the new
system. The Contractor has agreed to provide a credit in the amount of $28,361.25 for these changes.
Contract Change Order No. 2 provides for the following items of additional work:
• Reinstallation and repair of the irrigation system which was necessary due to damage caused by
various parties during the installation of the landscape features.
• Relocation of several irrigation lines which was necessary due to changes in the slope configurations
on some of the baseball fields.
• Installation of additional tree bubblers in the parking lot planters in order to provide for adequate
watering of the trees being planted in this area.
• Installation of a pump relay switch in the irrigation water tank as a safety feature to shut off the pump
before the water tank runs dry.
The Contractor has agreed to do this work for the lump sum price of $17,910.23.
These change orders will decrease the project total by $10,451.02 (which results in a 1.7% decrease of
the original contract amount) as illustrated below:
• Original Contract Amount = $619,874.00
• Amended Contract Agreement after Change Orders = $609,422.98
Net Decrease to date = 10,451.02)
RM (Construction)
July 31, 2009, 8:17AM
G:\GROUPDATIADMINRPT\2009\08-19\CCO land 2 Aera Park.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 J AGENDA SECTION: Consent Calendar
ITEM: , W
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD N
DATE: August 5, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Reject bids for Annual Contract for HUD Street Materials. (Citywide)
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: Invitations to bid were sent to over four hundred (400) bidders for the annual contract
for HUD Street Materials. Two bids were received. Neither bid completed the necessary documents to
qualify for Federal HUD funding. Staff will re-advertise the project offering a pre-bid training/conference
including EDCD staff to facilitate successful completion of paperwork to qualify for CDBG funding.
Purchasing Division
S:\PURCH\ADMIN\Admin 09-10\Reject Bids - AC HUD Street Materials, August 19, 2009.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 6, 2009 CITY ATTORNEY p~
CITY MANAGER F-~
SUBJECT: Accept bid and award contract to Terry Bedford Concrete Construction, Incorporated (not to
exceed $890,000) for the annual contract for construction of HUD curb and gutter.
(Ward 1, 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over three hundred (300) contractors for the Annual
Contract for construction of curbs, gutters and sidewalks in the areas of the city receiving HUD funding.
Three bids were received in response to solicitation and are as follows. The bids submitted are based on
an estimated quantity of work multiplied by the contractor's unit price. The actual budget available for the
work is $890,000. The contract award is for a one year period; renewable annually for four consecutive
one-year periods at the City's option and upon mutually agreeable terms.
BIDDER AMOUNT
Terry Bedford Concrete Construction, Inc. $799,275
Bakersfield, CA
Bakersfield Concrete Limited Partnership $886,277
Shaffer, CA
Jim Alfter Cement Contractor $916,418
Bakersfield, CA
Staff finds the low bid submitted by Terry Bedford Concrete Construction, Inc., Bakersfield, to be
acceptable and recommends award of contract for the budgeted amount of $890,000.
Purchasing Division
S:\PURCHWDMIMAdmin 09-10\AC for Construction of HUD-Funded Curb and Gutter, 09-10-02, August 19, 2009.docm
August 6, 2009, 2:17PM
BA
ADMINISTRATIVE REPORT
1
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: August 04, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Granite Construction Company ($1,550,804.00), for the
Pavement Rehabilitation 2009 Phase 1 - Mt. Vernon Avenue from SR178 to University
Avenue (Ward 3).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of reconstructing the existing pavement structural section,
construction of access ramps, modifying curb & gutter, striping, pavement markings, traffic signal
detector loops, and removal of an existing part circle culvert. This project is 100% federally funded
through the American Recovery and Reinvestment Act (ARRA). The Engineers Estimate for this
construction contract was $1,650,000. Sufficient funds are budgeted to award this project.
On July 29, 2009, a total of four bids were received. Those bids are as follows:
Granite Construction Company
585 W. Beach Street
Watsonville, CA 95076 in the amount of $1,550,804.00
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $1,631,514.00
John Madonna Construction, Inc.
Post Office Box 5310
San Luis Obispo, CA 93403 in the amount of $1,791,288.20
Maverick Asphalt, Inc
3131 Wear Street
Bakersfield, Ca 93308 (County) in the amount of $1,877,680.10
Recently, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which
also apply to this ARRA funded project. A formula provided by the State of California was used to
calculate the required percentage of 8% for Underutilized Disadvantaged Business Enterprises (UDBE)
to be used as subcontractors on this contract. The City held a mandatory pre-bid meeting for all of the
preapproved contractors allowed to bid on this project. During that meeting, the importance of putting
forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to each
contractor in attendance. It was also stressed to the contractors that they need to provide to the City,
the appropriate documentation indicating such good faith efforts were performed allowing each UDBE
sufficient time to respond to the solicitations. Each contractor on the preapproved bidders list was
pw/design engineering/si-TOK222
August 5, 2009, 1:31 PM
G:IGR0UPDAT\ADMINRPT\2009\08-19\Pavement Rehabilitation 2009 Phase 1-Mt Vemon Avenue.doc
ADMINISTRATIVE REPORT
required to attend said meeting in order to bid on this project; if they did not attend the mandatory pre-
bid meeting, they forfeited their chance to bid this project.
The low bidder, Granite Construction Company, submitted documentation supporting that they met the
UDBE goal. Their bid was therefore deemed acceptable.
pw/design engineering/sl-TOK222
August 5, 2009, 2:32PM
G:\GROUPDATWDMINRPT\2009\08-19\Pavement Rehabilitation 2009 Phase 1-Mt Vernon Avenue.doc
bA
04
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 7, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Maverick Asphalt, Inc ($1,661,661.00), for the Pavement
Rehabilitation 2009 Phase 2 - Ashe Road from White Lane to Ming Avenue (Ward 5, 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of reconstructing the existing pavement structural section,
modification of access ramps to meet current ADA standards, modifying curb & gutter, striping,
pavement markings and traffic signal detector loops. This project is 100% federally funded through the
American Recovery and Reinvestment Act of 2009 (ARRA). The Engineers Estimate for this
construction contract was $1,740,000. Sufficient funds are budgeted to award this project.
On July 30, 2009, a total of three bids were received. Those bids are as follows:
Maverick Asphalt, Inc
3131 Wear Street
Bakersfield, CA 93308 (County) in the amount of $1,661,661.00
Granite Construction Company
585 W. Beach Street
Watsonville, CA 95076 in the amount of $1,667,782.00
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $1,729,480.00
Recently, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which
also apply to this ARRA funded project. A formula provided by the State of California was used to
calculate the required percentage of 8% for Underutilized Disadvantaged Business Enterprises (UDBE)
to be used as subcontractors on this contract. The City held a mandatory pre-bid meeting for all of the
preapproved contractors allowed to bid on this project. During that meeting, the importance of putting
forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to each
contractor in attendance. It was also stressed to the contractors that they need to provide to the City,
the appropriate documentation indicating such good faith efforts were performed allowing each UDBE
sufficient time to respond to the solicitations. Each contractor on the preapproved bidders list was
required to attend said meeting in order to bid on this project; if they did not attend the mandatory pre-
bid meeting, they forfeited their chance to bid this project.
Maverick Asphalt did not meet the UDBE goal of 8%. However, Maverick Asphalt was able to provide
enough information to staff & the DBE Oversight Committee that they put forth a good faith effort.
pw/design engineering/nsg-TOK223
August 7, 2009, 9:46AM
G:\GROUPDATWDMINRPT\2009\08-19\Pavement Rehabilitation 2009 Phase 2-Ashe Road.doc
A
ADMINISTRATIVE REPORT
~w r u
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED '14
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 7, 2009 CITY ATTORNEY _P~~
CITY MANAGER
SUBJECT: Accept bid and award contract to Maverick Asphalt, Inc ($1,783,543.90), for the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from White Lane to Planz Road; Wible Road
from Pacheco Road to White Lane and Hughes Lane from White Lane to Planz Road
(Ward 6, 7).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of reconstructing the existing pavement structural section,
modification of access ramps to meet current ADA standards, modifying curb & gutter, striping,
pavement markings and traffic signal detector loops. This project is 100% federally funded through the
American Recovery and Reinvestment Act of 2009 (ARRA). The Engineers Estimate for this
construction contract was $2,240,000. Sufficient funds are budgeted to award this project.
On July 31, 2009, a total of three bids were received. Those bids are as follows:
Maverick Asphalt, Inc
3131 Wear Street
Bakersfield, CA 93308 (County) in the amount of $1,783,543.90
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $1,891,381.00
Granite Construction Company
585 W. Beach Street
Watsonville, CA 95076 in the amount of $1,909,894.00
Recently, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which
also apply to this ARRA funded project. A formula provided by the State of California was used to
calculate the required percentage of 8% for Underutilized Disadvantaged Business Enterprises (UDBE)
to be used as subcontractors on this contract. The City held a mandatory pre-bid meeting for all of the
preapproved contractors allowed to bid on this project. During that meeting, the importance of putting
forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to each
contractor in attendance. It was also stressed to the contractors that they need to provide to the City,
the appropriate documentation indicating such good faith efforts were performed allowing each UDBE
sufficient time to respond to the solicitations. Each contractor on the preapproved bidders list was
required to attend said meeting in order to bid on this project; if they did not attend the mandatory pre-
bid meeting, they forfeited their chance to bid this project.
Maverick Asphalt did not meet the UDBE goal of 8%. However, Maverick Asphalt was able to provide
enough information to staff & the DBE Oversight Committee that they put forth a good faith effort.
pw/design engineering/nsg-TOK224
August 7, 2009, 9:55AM
G:\GROUPDAT\ADMINRPT\2009\08-19\Pavement Rehabilitation 2009 Phase 3-Wilson, Wible, Hughes.doc
B
ADMINISTRATIVE REPORT
IFO
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: , bh,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 5, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Landscape Improvements, Watts Drive and Madison Street (Ward 1):
1. Accept bid and award contract to Kern Sprinkler Landscaping, Inc. ($120,314.50) for
Landscape Improvements, Watts Drive & Madison Street.
2. Approve Contract Change Order No. 1 with Kern Sprinkler Landscaping, Inc.
($58,100.00, for a revised not to exceed amount of $178,414.50) for the expansion of
the project on Madison Street.
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract, and approval of
Change Order No. 1.
BACKGROUND: This project, which will enhance the Bakersfield Airport with landscaping on Watts
Drive for 1200' west of Madison Street and on the west side of Madison Street from 300' south of Watts
Drive to 400' north of Watts Drive, was approved with funding from a $200,000 HUD grant. The project
design allows for expansion of landscaping on both Madison Street and Watts Drive as funds become
available.
Funding for this project is from Community Development Block Grant Funds. The engineer's estimate
was $140,000. Sufficient funds are budgeted to award this contract.
Six bids were received on July 2, 2009 for this project. However, one bidder did not submit a complete
bid package; so their bid was deemed non-responsive. The five acceptable bids are as follows:
Kern Sprinkler Landscaping, Inc.
5001 Woodmere Drive
Bakersfield, CA 93313 in amount of $120,314.50
Marina Landscape, Inc.
1900 S. Lewis St.
Anaheim, CA 92805 in amount of $138,360.00
Belaire West Landscaping, Inc.
7371 Walnut Ave.
Buena Park, CA 90622 in amount of $138,650.00
G:\GROUPDAT\HDMINRPT\2009108-19\Landscape Improvements, Watts & Madison.doc
ADMINISTRATIVE REPORT
Elite Landscaping, Inc.
2972 Larkin Ave.
Clovis, CA, 93612 in amount of $154,645.00
Nish-Ko, Inc.
713 N Valentine Ave.
Fresno, CA 93706 in amount of $174,123.50
Contract Change Order No. 1 will expand the work on the west side of Madison Street to approximately
1700 feet north of Watts Drive. City staff negotiated additional landscape improvements on Madison
Street to use the funds available for this project. For this additional work, Kern Sprinkler maintained their
original unit prices for the trees and shrubs, and requested increases for the lump sum prices of irrigation
and maintenance.
This is the first change order to be submitted for this project. This change order will increase the project
total by $58,100 (which results in a 48.3% increase of the original contract amount) as illustrated below:
• Original Contract Amount = $120,314.50
• Amended Contract Agreement after Change Orders = $178,414.50
Net Increase to date = $ 58,100.00
WGM
P8K117
GAGROUPDATWDMINRPT\2009\08-19\Landscape Improvements, Watts & Madison.doc
BAK
o~~CAtPG.,}~~s
ADMINISTRATIVE REPORT
IF
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council A PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD___J`
DATE: August 7, 2009 CITY ATTORNEY
-A-
CITY MANAGER
SUBJECT: Mesa Marin Sports Complex (Ward 3):
1. Accept Base Bid and Additive Alternates 1, 2, 4, 5, 6 and 7 and award contract to Kern
Pacific Construction ($3,127,500.00)
2. Appropriate $684,811 Park Development Fund balance to the Recreation and Parks
Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract and approval of
appropriation.
BACKGROUND: This project was placed out to bid with a Base Bid and 12 additive alternates. Staff
recommends selection of Additive Alternates 1, 2, 4, 5, 6 and 7 based on the funding available for the
project.
The Base Bid and six recommended Additive Alternates are described as follows:
Base Bid: Four lighted softball fields, with a 1,040 sq. ft. pre-fabricated restroom/concession building,
landscaping and irrigation improvements on the fields, site security lighting, and wet and dry utility services
to site.
Additive Alternate 1: Shade structures for bleachers;
Additive Alternate 2: Conduit for Site Security and Sound System;
Additive Alternate 4: Aluminum Bleachers;
Additive Alternate 5: Miscellaneous Site Furnishings;
Additive Alternate 6: Landscaping amenities for area north of fields; and
Additive Alternate 7: Irrigation system for landscaped area north of fields.
August 7, 2009, 9:57AM
G:\GROUPDAT\ADMINRPT\2009\08-19\Mesa Marin Sports Complex Admin.doc
Project No. P5C216
ADMINISTRATIVE REPORT
City forces will construct the parking lot located to the west of the softball fields and a temporary vehicular
access to the parking lot from Hwy 178. This work will be performed by the City concurrently with the
construction of the softball fields.
An additional appropriation to this project is necessary in order to fully fund the base bid and
recommended additive alternates. Staff recommends appropriation of $359,811 from Park Acquisition
fees (zone 3) project and $325,000 Park Development Fees (Zone 3) to this project, for a total
appropriation amount of $684,811.
With the appropriation of funds stated above, four funding sources are available for project construction.
There is $1,649,501.49 available from the Proposition 40 Bond (RFF Grant), $268,359.33 from Park
Improvement Funds, $1,082,277.94 from Capital Outlay Funds, and $684,811 from the recommended
appropriation of funds, for a total of $3,684,949.76. Of the funding available, $555,450 will be reserved for
utility connections, permitting, contingencies, and material costs incurred by City forces to construct the
west park lot and the access road. The Engineer's Estimate for the project was $4,000,000.
The contract is to be awarded based on the Base Bid amount. On August 4, 2009, ten acceptable bids
were received as follows:
Kern Pacific Construction
4001 Patton Way #1
Bakersfield, CA 93308 Base Bid in the amount of $2,685,000.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $442.500.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,127,500.00
ValleyCrest Landscape Development, Inc.
10855 Business Center Dr., Ste. C
Cypress, CA 90630 Based Bid in the amount of $2,695,998.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $488.000.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,183,998.00
Elite Landscaping, Inc.
2972 Larkin Avenue
Clovis, CA 93612 Based Bid in the amount of $2,719,000.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $440.300.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,159,300.00
Klassen Corp.
2021 Westwind Drive
Bakersfield, CA 93301 Based Bid in the amount of $2,734,000.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $379.219.81
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,113,219.81
S.C. Anderson, Inc.
2160 Mars Court
Bakersfield, CA 93308 Based Bid in the amount of $2,797,000.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $354.300.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,151,300.00
Marina Landscape, Inc.
August 7, 2009, 9:57AM
G:IGROUPDAT\ADMINRPT\2009\08-19WIesa Marin Sports Complex Admin.doc
Project No. P5C216
ADMINISTRATIVE REPORT
1900 S. Lewis Street
Anaheim, CA 92805 Based Bid in the amount of $3,103,000.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $366.550.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,469,550.00
Black / Hall Construction, Inc.
147 Kern Street
Taft, CA 93268 Based Bid in the amount of $3,166,840.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $365.228.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,532,068.00
Lewis C. Nelson and Sons, Inc.
3400 McCall Avenue, #100
Selma, CA 93662 Based Bid in the amount of $3,245,000.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $410,000.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,655,000.00
Guinn Construction
6533 Rosedale Hwy.
Bakersfield, CA 93308 Based Bid in the amount of $3,436,601.25
Additive Alternates 1, 2, 4, 5, 6 and 7 $247.200.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $3,683,801.25
C.S. Legacy Construction, Inc.
13263 Yorba Ave.
Chino, CA 91710 Based Bid in the amount of $3,493,268.00
Additive Alternates 1, 2, 4, 5, 6 and 7 $1,430.496.00
Total (Base Bid Plus Additive Alternates 1, 2, 4, 5, 6 and 7) $4,923,764.00
PWEngr/jlm
August 7, 2009, 9:57AM
G:IGROUPDAT\ADMINRPl12009\08-191Mesa Marin Sports Complex Admin.doc
Project No. P5C216
A
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: 19-did,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD '&I& 1
DATE: July 27, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Gilliam & Sons, Inc:, ($134,114.00), for Rick's
Recycling Demolition Project at 730 California Avenue (Ward 2).
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: In April 2009 the Bakersfield Redevelopment Agency acquired the property at 730
California Avenue. This property acquisition is part of the future commercial development of the Mill
Creek South, Mixed Use Project. Federal Section 108 funds were used for this acquisition which
required an extensive environmental review process including a Phase I and II Environmental Report
on the contaminated soil at 730 California Avenue.
The Engineer's Estimate for the work was $140,500. Three bids were received for this project, one was
withdrawn, two were acceptable as follows:
Gilliam & Sons, Inc.
9831 Rosedale Hwy.
Bakersfield, CA 93312 in amount of $134,114.00
Miller Environmental, Inc.
2210 S. DuPont Drive
Anaheim, CA 92806 in amount of $1.49,405.00
Funding for this project is from Community Development Block Grant funds. There are sufficient funds
available for this project.
WGM
LUZ802
July 27, 2009, 2:58PM
G:\GROUPDAT\ADMINRPT\2009\07-29\Demo_RicksRecycling_730 CallfomiaAve_Admin.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: ee.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /vJ
DATE: July 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award annual contract to Clean Harbors Environmental Services,
Incorporated in the amount of $67,456 for Sulfa Treat Media Removal related to
cogeneration energy production for the Public Works Department, Wastewater Division.
(Wards 1, 6)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Wastewater Treatment Plants 2 and 3 use cogen which run on digester gas to produce
electricity for the plants. The digester gas (methane gas) is a lower quality fuel that requires the use of a
sulfa treatment tank system to remove contaminates such as sulfur to remain compliant with local air
pollution control district regulations. The Sulfa Treat media material loses effectiveness and requires
replacement every six (6) months. This contract allows for bi-annual cleanings and replacement of new
Sulfa Treat media at each Wastewater Treatment Plant which will produce cleaner digester gas and will
extend the life of the cogen operation.
Invitations to Bid were sent to over one hundred (100) suppliers for the Annual Contract for Sulfa Treat
Media Removal. Two (2) bids were received in response to solicitation and are as follows. The contract is
renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable
terms.
BIDDER AMOUNT
Clean Harbors Environmental Services, Inc. $ 67,456
Rancho Dominguez, CA
PSC Industrial Outsourcing, LP $156,000
Long Beach, CA
Staff finds the low bid submitted by Clean Harbors Environmental Services, Inc., to be acceptable and
recommends award of the contract.
Purchasing Division
SAPURCH\ADMIMAdmin.09-10WC for Sulfa Treat Media Chemical, 08-09-62, August 19, 2009.doc
July 30, 2009, 9:46AM
ADMINISTRATIVE REPORT
i
MEETING DATE: August 19, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6 , ff7,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: August 6, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: League of California Cities Annual Conference Appointment of Voting Delegate
and City Positions on Conference Resolutions
RECOMMENDATION: The Legislative and Litigation Committee recommends the appointment of
Councilmember Jacquie Sullivan as the Voting Delegate for the League of California Cities 2009
Annual Conference.
Staff recommends acceptance of the recommendations for the proposed resolutions.
BACKGROUND: On July 20, 2009, the Legislative and Litigation Committee approved the
recommendation to appoint Councilmember Sullivan as the 2009 League Conference delegate.
Staff was directed to forward the committee's recommendation to the City Council for
consideration and approval.
The Legislative and Litigation Committee traditionally reviews the proposed annual resolutions
and takes a position for each resolution to support, oppose, or remain neutral. However, as the
Committee is not scheduled to meet in August, Committee Chair Benham directed the City
Manager and City Attorney to review the proposed resolutions and forward their
recommendations directly to the City Council for Council direction.
The resolutions, as approved by the General Assembly at the Annual Conference, will provide
policy guidance for the League during the upcoming year. The recommendations of the City
Manager and City for the two proposed resolutions are as follows:
Resolution 1: Social Host Liability Support
Resolution 2: Divesting from Banks/Financial Institutions That Fail
To Cooperate with Foreclosure Prevention Efforts Remain Neutral
The City Manager and City Attorney are forwarding these recommendations to Council for
approval and direction to the City's Conference Voting Delegate, Councilmember Sullivan, to
vote accordingly. As the City's representative, the Voting Delegate has the authority to forward
the Council's agenda as proposed resolutions change during the course of the Annual
Conference, in keeping with the Council's historical directive.
August 6, 2009, 2:42PM
S:\Admin Rpts\2009\League reso and voting delegate 08 1 909.doc.dot
A
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Hearings
ITEM: G . CL .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 31, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment 09-0060 (Ward 3).
The City of Bakersfield is requesting a general plan amendment to change the
Circulation Element - Circulation Map as depicted in Exhibit B attached to the
resolution, generally located in the northwest Bakersfield area, on the west side of the
Freeway 99, south of Olive Drive.
1. Resolution approving the Negative Declaration, adopting the general plan
amendment of the Circulation Element to change the designation of Hageman
Road from a collector to an arterial between Landco Drive and State Route 99
(SR-99YGolden State Avenue (SR-204); and remove the future bikeway route at
the same location. In addition, this amendment will revise the alignment of
Standard Street (collector) from its current diagonal alignment intersecting with
Landco Drive and Hageman Road, to a horizontal (east-west) alignment from
Atlas Court and intersecting with Landco Drive one quarter mile south of
Hageman Road.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration and approving the
proposed general plan amendment.
BACKGROUND:
The City of Bakersfield with funding from the Thomas Road Improvement Program (TRIP) will
construct a flyover connecting Hageman Road, west of SR-99 to Golden State Avenue (SR-204) on
the east side of SR-99. This project will provide and additional east - west arterial connection in
Northwest Bakersfield to downtown and improve the alignment for Standard Street. Hageman Road
is already an arterial west of this project location. The Hageman Flyover project would include new
bridges over the Beardsley Canal Lateral, Burlington Northern Santa Fe (BNSF) Railroad, SR-99, and
Airport Drive. TRIP is currently working on the preliminary design of the Hageman Flyover and
environmental studies. In addition, the future bikeway route will be removed because the Hageman
Flyover will provide direct access to Golden State Avenue where no bikeways exist.
The Planning Commission conducted a public hearing on this general plan amendment on June 18,
2009, and recommended approval to the City Council. No individuals or agencies present at the
ADMINISTRATIVE REPORT Page 2
hearing opposed the request and the City agreed to the final conditions and mitigation approved for
the project.
The CEQA requirements have been followed by staff and the Planning Commission for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
impact on the environment. Therefore, in accordance with CEQA, a Negative Declaration was
prepared. Mitigation measures recommended as part of project approval address air quality,
biological resources and cultural resources.
CGS:IGPA 2nd 2009109-0060 Orr - Hageman Rd1SR Admin\Admin Report.doc
T A
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Hearings
ITEM: C1. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD 5f*---
DATE: July 31, 2009 CITY ATTORNEY 46~
CITY MANAGER
SUBJECT: General Plan Amendment 09-0326. (Within the County of Kem)
The City of Bakersfield has applied for a general plan amendment to incorporate land
use changes approved by the County Board of Supervisors.
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate land use changes approved by the County of Kem.
The project involves two sites located in the Metropolitan Bakersfield General
Plan Area. A northwestern site is north of Rosedale Highway, generally west of
Calloway Drive and the southern site is north of Taft Highway, generally east of
South "H" Street.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
general plan amendment.
BACKGROUND:
The Metropolitan Bakersfield General Plan is a joint City of Bakersfield/County of Kern general plan for
the Metropolitan area. It is necessary to periodically update the land use map to reflect county changes
in order to keep the maps internally consistent. This proposal will bring the land use element into
compliance with the County-approved changes. This proposal encompasses two sites, one in the
northwest area that changes the land use designation from LMR/LR (Low Medium Density
Residential/Low Density Residential) to LI (Light Industrial) on 1.96 acres located north of Rosedale
Highway, generally west of Calloway Drive. The other site is in the southern area and changes the land
use designation from SR/LR (Suburban Residential/Low Density Residential) to GC (General
Commercial) on 18.02 acres located, north of Taft Highway, generally east of South °H" Street.
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on June 18, 2009. No individuals or agencies present at the
hearing opposed the request.
Staff determined that the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)
(3) does not apply to the proposed project, since amending the City's Land Use Element maps for
consistency with previously adopted County changes does not have a potential to cause significant
adverse environmental impacts. Therefore, a Notice of Exemption was prepared, in accordance with
CEQA.
BM - SAGPA 2nd 2009\09-0326Vdmin R 09-0326.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: August 19, 2009 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: August 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change hearings recommended for continuance.
1. General Plan Amendment/Zone Change 09-0023. (Ward 4 upon annexation).
2. General Plan Amendment/Zone Change 09-0258. (Ward 5)
3. General Plan Amendment/Zone Change No. 03-0337 - The Canyons Project (Ward 3)
RECOMMENDATION:
Staff recommends continuance to the next City Council meeting scheduled for September 9, 2009.
BACKGROUND:
On August 4, 2009, the HBA filed a lawsuit against the City of Bakersfield, the Bakersfield City Council,
the County of Kem, and the Board of Supervisors (herein "agencies"). The underlying premise of the
lawsuit is that the Regional Transportation Impact Fee (RTIF), which was recently adopted by both
agencies, is invalid. There is an additional allegation against the City only that we have failed to
properly account for collected transportation fees over the past 15 years and therefore owe a refund of
$50 million dollars.
In summary, the lawsuit seeks the following:
➢ a declaration that the RTIF is invalid and void; and
➢ that the City and County be ordered to rescind the adoption of the RTIF; and
➢ that the City and County immediately cease collection of RTIF fees and preserve existing
collection of fee revenues; and
➢ that the City and County vacate their RTIF resolutions; and
➢ that the City and County refund, allocate, or dispose of existing collections of fee revenues; and
➢ that the Court order the City and County to make the RTIF fee payable on residential projects
only before final inspection or certificate of occupancy, whichever is first.
On the agenda this evening, are projects requesting amendments to the General Plan that have
conditions of approval related to traffic, and/or environmental documents that disclose to the public the
impact of traffic on the environment as a result of the proposed project traffic mitigation which relies
ADMINISTRATIVE REPORT Page 2
partially, on payment of the RTIF fee. The regional traffic mitigation conditions assume payment of the
correct regional transportation impact fee.
In light of these circumstances, it would seem prudent to continue those items that are requesting EIR
or GPA approvals to allow for a reasonable opportunity to evaluate the potential impacts of the pending
lawsuit on subsequent approvals. Specifically, Staff is recommending that the projects which are
relying on payment of the RTIF fee as mitigation to construct improvements on the facilities list required
by the project be continued. The attached staff reports are for reference only and represent staffs
recommendation prior to requesting a continuance. No action will be taken on this agenda with regard
to the staff recommendation contained in the attachments.
SADana\ADMINS\2009Wug\GPA ZC Continuances - 08-19-09 SG.doc
A
ADMINISTRATIVE REPORT
'^MItY lL,
LI
MEETING DATE: August 19, 2009 AGENDA SECTION: Closed Session
[ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /9
DATE: August 11, 2009 CITY ATTORNEY V&
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Three cases).
• George Hollingsworth v. City of Bakersfield, et al
KCSC Case No. S-1500-CV-264923-SPC
• Robert Pratt v. City of Bakersfield
KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-AEW,
and S- 1 500-CV-261666-AEW
• Home Builders Association of Kern County, Inc. v. City of Bakersfield, et al.
KCSC Case No. S-1500-CV 267954 NFT
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\8-19-09ExlstLit.doc
A
ADMINISTRATIVE REPORT
~1 'AMR{ lL,
1
MEETING DATE: August 19, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: August 11, 2009 CITY ATTORNEY VC,
CITY MANAGER AS
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\8-19-09.PotLit.doc
KE~s
o~ BA
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 29, 2009
R IL
I
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan (seated at 5:25 p.m.)
Absent: Councilmember Hanson
2. INVOCATION by Reverend Greg Haslow, First Assembly
of God Church.
3. PLEDGE OF ALLEGIANCE by Rayleigh Morin, 3rd Grade
Student at Miller Elementary School.
4. PUBLIC STATEMENTS
a. Tim Palmquist, Terri Palmquist and Caryn Harris
spoke regarding parking at 25th and H streets.
b. Marvin Dean, representing the Southeast
Bakersfield Redevelopment Project Area
Community Oversight Group of Concerned
Citizens, spoke regarding Consent Calendar
item 8.z., the Parkview Cottages homes, and
asked for that item to be pulled off Consent
Calendar; also spoke regarding the Padre
Hotel issue which was on the agenda of the last
Council Meeting, and requested the
establishment of a local goal of five percent to
local suppliers for the furnishings, hiring local
workers from the project area and provide
discount vendor space to local disadvantaged
businesses.
5. WORKSHOPS
None.
Bakersfield, California, July 29, 2009 - Page 2
6. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Herb Walker honoring his beautification efforts
in downtown Bakersfield.
Herb Walker received the Proclamation and
made comments.
b. Presentation by Mayor Hall of a Certificate of
Appreciation to Mic Hall honoring his parks and
Bike Path beautification efforts.
Mic Hall received the Certificate of
Appreciation and made comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 7, 2009 Special
City Council Meeting and July 15, 2009 Regular
City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
July 1, 2009 to July 16, 2009 in the amount of
$25,459,328.47 and self-insurance payments
from July 1, 2009 to July 16, 2009 in the amount
of $726,761.05.
Ordinances:
C. First Reading of Ordinance amending Municipal FR
Code Sections 1. 12.010 and 1. 12.040 by adding
Annexation No. 596 consisting of 50.12 acres
located at the southwest corner of Washington
Street and Belle Terrace to Ward 1 and
Annexation No. 591 consisting of 86.78 acres
located on the north side of Brimhall Road, east
of Rudd Road to Ward 4.
Bakersfield, California, July 29, 2009 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
d. First Reading of Ordinance amending Municipal FR
Code Sections 1.12.010, 1.12.020, 1.12.030 and
1. 12.070 by adding Annexation No. 597
consisting of the following multiple uninhabited
County owned properties: County Property
No. 1 consisting of 1557.72 acres located south
of Casa Loma Drive, east of Mt. Vernon
Avenue; County Property No. 2 consisting of
160.51 acres located south of Belle Terrace,
west of Union Avenue; County Property No. 3
consisting of 21.12 acres located south of Belle
Terrace and west of Cottonwood Road; County
Property No. 4 consisting of 17.48 acres located
south of Highway 58 east of Cottonwood Road;
County Property No. 5 consisting of 94.52 acres
located on the west side of Mt. Vernon Avenue,
south of Bernard Street; County Property No. 6
consisting of 7.57 acres located at the
northeast corner of Cottonwood Road and
Belle Terrace; County Property No. 7 consisting
of 13,835 square feet located at the northeast
corner of Virginia Avenue and S. Williams Street;
County Property No. 8 consisting of 2.32 acres
located at the northeast corner of Cottonwood
Road and Casa Loma Drive; County Property
No. 9 consisting of 41,746 square feet located
east of Virginia Avenue between Lake Street
and Kentucky Street, to Wards 1, 2, 3 & 7.
Resolutions:
e. Resolution of Application proposing annexation RES 090-09
of uninhabited territory to the City identified as
Annexation No. 607 consisting of 1.04 net acres
located on the west side of Allen Road, north of
Rosedale Highway.
f. Resolution confirming approval by the Assistant RES 091-09
City Manager of the Chief Code Enforcement
Officer's report regarding assessments of
certain properties in the City for which
structures have been secured against entry or
for the abatement of certain weeds, debris and
waste matter and the demolishment of
dangerous buildings and authorize collection of
the assessments by the Kern County Tax
Collector.
Bakersfield, California, July 29, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
g. Final Map and Improvement Agreement with AGR 09-093
6152 Partners, LLC for Tract Map 6152 Phase 6 AGR 09-094
located south of McKee Road and east of
Akers Road.
h. Final Map and Improvement Agreement with AGR 09-095
AGR 09-096
CAVU/Rock Properties Project 1, LLC for Tract
Map 6850 Phase 1 located north of Alfred
Harrell Highway and west of Lake Ming Road.
i. Transportation Development Act Funds:
1. Agreement with Biking For Fun, Inc. AGR 09-097
($50,000) for 50 bicycle and pedestrian
safety demonstrations at local schools
and other approved events during the
course of one year.
2. Appropriate $50,000 Transportation
Development Act Article 3 Grant
Revenue to the Capital Improvement
Budget of the Capital Improvement
Budget of the Transportation
Development Fund.
j. Agreement with Ariel Link to research billing AGR 09-098
errors on existing telecommunication invoices.
k. Police Service Dogs:
1. Agreement with Master K-9 ($25,835) to AGR 09-099
purchase two (2) police service dogs
and train two (2) Police K-9 handlers.
2. Appropriate $33,420 Seized Asset
Forfeiture Revenues to the Police
Department Operating Budget in the
General Fund for the purchase of two
(2) police service dogs, initial 5 week
training, lodging and per diem for two
(2) Police K-9 handlers.
1. Agreement with Rykal Bakersfield, LLC ($37,135) AGR 09-100
to reimburse costs for improvements
constructed within the Brimhall Planned
Drainage Area.
Bakersfield, California, July 29, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
M. Transportation Impact Fee Agreement with AGR09-101
Rykal Bakersfield, LLC (not to exceed $25,939)
for construction of an expanded intersection at
the northeast corner of Brimhall Road and
Jewetta Avenue.
n. Agreement with PropertyRoom.com to provide AGR 09-102
removal of surplus property held in the Police
Property Room and provide online auction
services for said property.
o. Agreement with Environmental Research AGR 09-103
Institute, Inc. (not to exceed $296,000 for 3 year
term) to provide licenses and software support
for server and client software.
P. Amendment No. 2 to Agreement No. 07-196 AGR 07-196(2)
with Jim Alfter Construction ($2,000,000; revised
not to exceed $6,000,000 and extending term
for one (1) year) for concrete construction.
q. Amendment No. 2 to Agreement No. 07-082 AGR 07-082(2)
with AECOM USA, Inc. ($3,038,000) for
engineering design services for the Westside
Parkway Project. (TRIP)
r. Contract Change Order No. 1 to Agreement AGR 08-176
No. 08-176 with Carvalho Construction 0001
($14,655.87; revised not to exceed $565,654.87)
for The Park at River Walk Maintenance Building
project.
S. Contract Change Order No. 20 to Agreement AGR 08-062
No. 08-062 with Granite Construction ($27,940; 00020
revised not to exceed $8,514,272.50) for the
Allen Road Improvements between Ming
Avenue and Stockdale Highway project.
t. Contract Change Order No. 1 to Agreement AGR 08-214
No. 08-214 with Security Paving Construction 0001
($77,050; revised not to exceed $27,805,269.81)
for the Westside Parkway Phase I - Mohawk
Street Extension Project. (TRIP)
Bakersfield, California, July 29, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
U. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 7 to AGR 07-302
Agreement No. 07-302 with Kiewit Pacific 0007
Corp. ($387,162; revised not to exceed
$216,556,492) for the project.
2. Transfer $387,162 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department Capital
Improvement Budget.
Bids:
V. Accept bid and award annual contract to Kern AGR 09-104
Sprinkler Landscaping, Inc. (not to exceed
$90,000) for on-call irrigation and landscape
service.
Miscellaneous:
W. Final Map with Lennar Homes of California, Inc.
for Tract Map 7094 located south of Berkshire
Road and east of Wible Road.
X. Appropriate $78,320 State Grant Revenue for
the Waste Tire Enforcement Grant Program to
the Development Services Operating Budget in
the General Fund.
Y. Appropriate $20,000 First 5 Kern Grant funds for
swim lessons and recreational swimming to the
General Fund Recreation & Parks Department
Operating Budget.
Z. Consideration of changes to the current City REMOVED FOR
and Redevelopment Agency Down Payment SEPARATE
Programs resulting from the current residential CONSIDERATION
housing foreclosure crisis:
1. Discontinuance of the equity share
provision requirement for current and
prior Parkview Cottages homebuyers.
2. Removal of the homebuyer affordable
income covenant for 15 of the 74 total
Parkview Cottage homes.
Bakersfield, California, July 29, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on item
8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on item 8.z.
Councilmember Carson requested that item 8.z. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.y. with the removal for AB HANSON
separate consideration of item 8.z.
Z. Consideration of changes to the current City
and Redevelopment Agency Down Payment
Programs resulting from the current residential
housing foreclosure crisis:
1. Discontinuance of the equity share
provision requirement for current and
prior Parkview Cottages homebuyers.
2. Removal of the homebuyer affordable
income covenant for 15 of the 74 total
Parkview Cottage homes.
At the request of Councilmember Carson,
Economic Development Director Kunz gave an
overview of this item.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.z. AB HANSON
ABS COUCH
9. CLOSED SESSION
None.
10. CLOSED SESSION ACTION
None.
11. CONSENT CALENDAR HEARINGS
None.
Bakersfield, California, July 29, 2009 - Page 8
12. HEARINGS ACTION TAKEN
None.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham referred correspondence to
staff from Rich O'Neill, Kern River Parkway Committee
and Kern River Parkway Foundation, and asked that
his requests and suggestions be carefully reviewed
and a very thorough response be provided.
Councilmember Couch referred to Community
Services Committee the feasibility of finding a location
owned by the City which could be utilized by off-road
riders.
Councilmember Couch referred correspondence to
staff regarding a neighborhood watch and asked staff
to get back to him.
Councilmember Carson asked Economic
Development Director Kunz to report back about how
the Redevelopment Agency funds are going to be
impacted as a result of the State budget, and also a
report on how the two years of tax increment money
has been used in the Southeast Project Area.
Councilmember Sullivan announced that two more
cities have voted in favor of displaying "In God We
Trust" in their city halls, bringing the total to 56 cities in
California; and the Annual Celebration event will take
place Thursday evening.
Bakersfield, California, July 29, 2009 - Page 9
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall recognized the efforts of Bright House
Networks for continuing the Movies in the Park series in
the amphitheater.
Mayor Hall thanked Flood Bakersfield Ministries for its
recent beautification adoption of a neighborhood.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 5:56 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield