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HomeMy WebLinkAbout11/18/09_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 18, 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 Pastor Charles Barefield, Sr., Lily of the Valley Church of God in Christ. 3. PLEDGE OF ALLEGIANCE by Taher Shakir, 3rd grade student at Thorner Elementary School. 4. PRESENTATIONS a. Presentation by Javier Lozano, Human Resources Manager to department winners of the 2009 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City. b. Presentation by Mayor Hall of the Mayor's Medal of Appreciation to Andy Castaneda for heroically saving the life of another citizen. C. Presentation of Mayor Hall of a Proclamation to Pam Carlock and Randy Boggs declaring November 29, 2009 through December 5, 2009 Christmas Parade Week. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 18, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from October 23, 2009 to November 5, 2009 in the amount of $10,145,363.24 and self-insurance payments from October 23, 2009 to November 5, 2009 in the amount of $1,417,493.45. Ordinances: C. First Reading of Ordinances: 1. Amending Sections 5.56.010, 5.56.020, and 5.56.040 relating to transient outdoor businesses. 2. Amending Section 16.16.080 E relating to extension of tentative map approval. 3. Amending Section 16.32.080 relating to improvements in subdivisions for which parcel map is required. 8. CONSENT CALENDAR continued Resolutions: (Ward6) d. Resolution determining that DeZURIK®, a proprietary brand for replacement valves in City owned digesters at Wastewater Treatment Plant 3, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $100,000. (Ward 1) e. Sewer construction and connection fee(s) assessment for 207 N. Stine Road: 1. Resolution confirming assessments for the construction and connection fee(s) and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Boyd Beastrom to pay construction and connection fee(s) in installments and notice of special assessment lien. f. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code sections 34090 et seq. - Finance Department. g. 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 1) h. Resolution of Intention No. 1650 to order the vacation of a flowage and drainage easement at the southeast corner of 68 E. White Lane. (ward 1,2) i. Resolution of Intention No. 1651 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within a designated area - District No. 2, Division 33 (California Avenue - S Street to Union Avenue). (Ward 4) j. Resolution of Intention No. 1652 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within a designated area - District No. 2, Division 34 (Calloway Drive - Hageman Road to Meacham Road). (Ward 6) k. Resolution of Intention No. 1653 to add territory, Area 2-42 (5801 District Boulevard) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: 1. Relocation of Beardsley Pipeline and Headgate along 7th Standard Road: 1. Agreement with County of Kern (not to exceed $206,565) for reimbursement of costs associated with over-sizing approximately 1800 feet of the Beardsley lateral 1-5-0 pipeline and headgate along 7th Standard Road west of Coffee Road. 2. Agreement with County of Kern for relocation and joint use of waterline easement on south side of 7th Standard Road. 2 City Council Meeting of 11/18/2009 8. CONSENT CALENDAR continued (Ward 2,45) M. License Agreement with Southern California Gas Co. to relocate natural gas service being displaced by the construction of the Westside Parkway at the Friant Kern Canal and Brimhall Road extended (Flying J Refinery). (TRIP) (Ward 6) n. Agreement with Rossetti Associates Inc. ($86,300) for support services during construction of the Bakersfield Sports Village Phase 1. o. Agreement with McKool Smith, P.C. to provide legal services related to transient occupancy taxes on a contingency fee basis. (Ward 1) p. Agreement with Community Action Partnership of Kern ($247,342 CDBG funds) for related construction assistance and predevelopment related soft costs for the Friendship House Community Center located at 2424 Cottonwood Road. q. Amendment No. 1 to Agreement No. CA08-010 with Clifford and Brown (not to exceed $115,000) for outside legal services In the matter of Land Lot 1, LLC v. City, et al., Kern County Superior Court Case No. S-1500-CV-263357 WDP, r. Amendment No. 1 to Agreement No. CA09-013 with Duane Morris, LLP (not to exceed $100,000) for outside legal services in the matter of Home Builders Association of Kern County, Inc. v. City, et al., Kern County Superior Court Case No. S-1500-CV-267954 NFT. (Ward 3) s. Amendments to Landscape Agreements with D. R. Horton Los Angeles Holding Co., Inc., for Tract 6406 located north of City Hills Drive and east of Vineland Avenue. 1. Amendment No. 1 to Agreement No. 06-042 for Phase 1. 2. Amendment No. 1 to Agreement No. 06-044 for Phase 2. 3. Amendment No. 1 to Agreement No. 06-046 for Phase 3. 4. Amendment No. 1 to Agreement No. 06-116 for Phase 4. 5. Amendment No. 1 to Agreement No. 06-118 for Phase 5. (Ward 3) t. Amendment No. 3 to Agreement No. 06-053 with Parsons Transportation Group Inc. ($714,000; revised not to exceed $43,855,767) for construction management services for the freeway Interchange construction on State Route 178 at Fairfax Road. (TRIP) (Ward 2) U. Amendment No. 2 to Agreement No. 05-195/RA05-002 with the Bakersfield Redevelopment Agency for the commitment of $2,046,619 HOME Investment Partnership Funds earmarked for affordable housing in the Baker Street Mixed Use Project. (Ward 6) v. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Amendment No. 2 to Agreement No. 06-388 with Jacobs Civil Inc. ($700,000; revised not to exceed $7,700,000) for additional construction management services for Project. 2. Transfer $200,000 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. (ward 2) w. Amendment No. 3 to Agreement No. 06-324 with RM Industries ($80,000; revised not to exceed $320,000) extending term one year for Amtrak Station janitorial and hardscape maintenance. 3 City Council Meeting of 11/18/2009 8. CONSENT CALENDAR continued X. Amendment No, 3 to Agreement No, 07-378 with T.D. Whitton Construction Inc. (no cost increase) extending term one year for street reconstruction and paving. (Ward 1, 2,4,5) y. Contract Change Order No. 4 to Agreement No. 09-022 with MGE Underground Inc. ($57,747.27; revised not to exceed $830,386.35) for the Install Traffic Signal Interconnect - Part 6 Project, Bids: (Ward 2,4-6) Z. Accept proposal and award contract to Dave Bang Associates, Inc. ($508,500 total) to purchase park playground equipment and rubberized surfacing for Amberton Park ($80,255), Beach Park ($132,265), Campus Park South ($67,967), Corvallis Park ($93,018), Kroll Park ($101,562), and additional rubberized surfacing to meet ADA and safety standards ($33,433). (Ward 6) aa. Waterline Extension to Wastewater Treatment Plant No. 3 from Ashe Road to Taff Highway: 1. Accept bid and award contract to Kern Pacific Construction ($203,063) for project. 2. Transfer $203,063 from a budgeted Capital Improvement Project (Wastewater Treatment Plant No. 3 Arterial Roads) within the Sewer Enterprise Fund to fund the award of this project, (Ward 5,6) bb. Accept bid and award contract to Lee Wilson Electric Co„ Inc. ($197,175,60) for traffic signal and lighting system installation at the intersections of Old River Road and Harris Road, and Old River Road and Campus Park Drive. (Ward 1,3,4,6.7) cc. Accept bid and award contract to Loop Electric, Inc. ($449,932,50) for installation of Traffic Signal Interconnect - Part 7. dd. Accept bid from EnPointe Technologies, Inc, ($175,384.41) fort 10 Panasonic toughbook display systems for the Police Department. ee. Purchase of Live Burn Trailer Simulator: 1. Accept Federal Grant from US Department of Homeland Security ($275,680) for purchase. 2. Accept bid from Fireblast 451, Inc. ($346,400) for purchase of a Fireflash II mobile live fire training system. 3. Appropriate $275,680 Federal Grant Revenue and $70,720 Capital Outlay Fund to the Fire Department Capital Outlay Budget within the Capital Outlay Fund for purchase, (ward 1) ff. Accept base bid and additive alternates 1 & 2, and award contract to Garcia Roofing, Inc. ($91,553) for roof replacement at 1700 E. Planz Road, Wastewater Treatment Plant No. 2. (Ward 5) gg, Accept bid and award contract to Kern County Construction, Inc. ($468,539) for domestic water well block pumphouse, CBK-52 located at 9701 Grey Goose Street. 4 City Council Meeting of 11/18/2009 8. CONSENT CALENDAR continued Miscellaneous: (Ward 5) hh. Appropriate $580 contribution to the Recreation and Parks Department Operating Budget within the General Fund for the purchase and installation of a dog gate at the north end of Kroll Park. (Ward 7) ii. Appropriate $17,840 of local contributions to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund for landscape improvements along Highway 99 between Hosking Road and McKee Road. (ward 2,4) jj. Accept and appropriate $2,000 of donations to the Public Works Department's Operating Budget within the General Fund for the Westside Parkway Phase II Groundbreaking Ceremony. kk. Appropriate $80,000 Equipment Management Fund balance to the Public Works Department Operating Budget to replace four street equipment Items due to California Air Resources Board regulations. Staff recommends adoption of Consent Calendar items 8.a, through 8,kk. 9. CONSENT CALENDAR HEARINGS 10. HEARINGS (Ward 2) a. Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain property located east of Mohawk Road between the Cross Valley Canal and Truxtun Avenue and a lot south of Truxtun Avenue (Wanamaker, et al., owners), for the Westside Parkway Project (Code Civ. Proc. § 1240.010). (TRIP) Staff recommends adoption of the Resolution. 11. CLOSED SESSION 12. CLOSED SESSION ACTION 13. REPORTS (10 min) a. Status Report regarding updating the Metropolitan Bakersfield General Plan. (10 min) b. City Council Goals Update. Staff recommends Council review goals for approval at a later date. 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, A Alan Tandy City Manager 5 City Council Meeting of 11 / 18/2009 A O~~w OIAT ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Presentations ITEM: ~L TO: Honorable Mayor and City Council APPROVED FROM: Javier Lozano, Human Resources Manager DEPARTMENT HEAD DATE: October 28, 2009 CITY ATTORNEY CITY MANAGER .G.1 SUBJECT: Presentation by Javier Lozano, Human Resources Manager to department winners of the 2009 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. RECOMMENDATION: BACKGROUND: mdc November 5, 2009, 4:33PM S:OT Excellence in Action\20091Admin Rprt 09.doc A ADMINISTRATIVE REPORT c 10 MEETING DATE: November 18, 2009 AGENDA SECTION: Presentations ITEM: y, b TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD Of DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of the Mayor's Medal of Appreciation to Andy Castaneda for heroically saving the life of another citizen. RECOMMENDATION: BACKGROUND: krt A 04 ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Presentations ITEM: 41, c- TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to Pam Carlock and Randy Boggs declaring November 29, 2009 through December 5, 2009 "Christmas Parade Week in Bakersfield". RECOMMENDATION: BACKGROUND: krt A O~~co oar U i p ADMINISTRATIVE REPORT 10 MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Pamela McCarthy, City Clem. ~ DEPARTMENT HEA DATE: November 5, 2009 ii~~ CITY ATTORNEY CITY MANAGER 4S SUBJECT: Approval of Minutes of the November 4, 2009 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw A 0~ m ADMINISTRATIVE REPORT 1 MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,,j DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from October 23, 2009 to November 5, 2009 in the amount of $10,145,363.24 and Self Insurance payments from October 23, 2009 to November 5, 2009 in the amount of $1,417,493.45 RECOMMENDATION: Staff recommends approval of payments totaling $11,562,856.69. BACKGROUND: KLG November 5, 2009, 3:05PM S:\Kim GWDMIN\COUNCIL-ADMIN-AP-2009\HDMIN-AP 091118.doC A s ADMINISTRATIVE REPORT ~1 "41Y LL, `t MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD A~- DATE: November 9, 2009 CITY ATTORNEY CITY MANAGER- SUBJECT: 1. First Reading of Ordinance Amending Sections 5.56.010, 5.56.020, and 5.56.040 Relating to Transient Outdoor Businesses. 2. First Reading of Ordinance Amending Section 16.16.080 E Relating to Extension of Tentative Map Approval, 3. First Reading of Ordinance Amending Section 16.32.080 Relating to Improvements in Subdivisions for Which Parcel Map is Required. RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendments. BACKGROUND: Occasionally, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Sections 5.56.010, 5.56.020, and 5.56.040. This amendment deletes reference to sections which no longer exist, and prohibits tables, chairs and other dining facilities on the property. 2. BMC Section 16.16.080 E. This amendment modifies the section to make it mirror the Subdivision Map Act. 3. BMC Section 16.32.080. This amendment eliminates a word to provide clarification that cable television improvements are considered separate from other public utility improvements. JHR:Isc November 9, 2009, 8:59AM S:\COUNCILVAdmins\09-10 Admins\Cleanup 2009.3d.doc A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM:; TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 3, 2009 CITY ATTORNEY &t/- L.ol CITY MANAGER & SUBJECT: Resolution determining that DeZURIK@, a proprietary brand for replacement valves in City owned digesters at Wastewater Treatment Plant 3, 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 $100,000. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A digester is a tank in which sludge is placed to allow decomposition by microorganisms. Wastewater solids and water are placed in the digester where bacteria decompose the solids in the absence of dissolved oxygen. A byproduct produced from digestion is methane which is used to power the cogen to produce electricity. During the 1997 expansion of Wastewater Treatment Plant 3, the design used DeZURIK® valves for digester 1 and 2. The digesters periodically require cleaning and valve replacement as part of routine maintenance. Due to the proprietary nature of DeZURIK®, and the need to properly maintain the City's digesters, staff is recommending adoption of the Resolution to dispense with bidding for DeZURIK® and authorizing the purchase of DeZURIK® valves and components on a continuing basis in amounts to meet the City's requirements, not to exceed the budgeted amount of $100,000. Purchasing Division SAPURCKADMINWdmin 09-10\DeZURIK valves Sole Source Resolution, November 18, 2009.docx November 4, 2009, 8:10AM AK ADMINISTRATIVE REPORT MEETING DATE: 11/18/09 AGENDA SECTION: CONSENT CALENDAR ITEM: C.. , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /Y(. DATE: October 29, 2009 CITY ATTORNEY e~ CITY MANAGER SUBJECT: Sewer construction and connection Fee(s) Assessment (Ward 1). 1. Resolution confirming assessments for the construction and connection fee(s) and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Boyd Beastrom, 207 N. Stine Road , to pay construction and connection fee(s) in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: The property owner(s) at 207 N. Stine Road, desire to connect to the city sewer system. The property owner(s) claim that to pay the construction and connection fee(s) would produce an economic hardship. To assist in paying the construction and connection fee(s) the City has contracted with the property owner(s) to spread the construction and connection fee(s) over a five (5) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007 authorizes the Kern County Tax collector to collect the construction and connection cost in five equal payments over the next five years. S:\PROJECTS\SewerConFee\Template Sewer Fee on Taxroll\207 N Stine Road w ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: , . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE October 30, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the government code of the State of California - Finance Department. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports that are more than five (5) years old and have been approved for destruction by the City Attorney's office. The records to be destroyed are listed on Exhibit A of the Resolution. S `AdmmUtecords Destruction\Admin Reports doc A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent ITEM TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: October 30, 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 Kem County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on November 9, 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 AM COST Ward 1/Councilmember Irma Carson 1. 3418 Anderson Street 172-102-49 $ 705.00 2. 811 S. Brown Street 019-131-09 $ 300.00 3. 3320 Elda Avenue 172-122-27 $ 699.00 4. 3408 Hale Street 172-042-07 $ 105.00 5. 3512 Hale Street 172-052-03 $ 105.00 October 30, 2009, 12:28PM S:\Dana\ADMINS\2009\Nov\11-18-Property Abatement.doc ADMINISTRATIVE REPORT Page 2 of 4 PROPERTY LOCATION APN COST Ward 1/Counciimember Irma Carson 6. 310 Linnell Street 413-231-06 $ 300.00 7. 417 Marcus Street 139-393-11 $ 105.00 8. 500 Melissa Court 025-191-19 $ 105.00 9. 3517 Shellmacher Avenue 172-132-04 $ 300.00 10. 3615 Shellmacher Avenue 172-132-09 $ 995.00 11. 3617 Shellmacher Avenue 172-132-10 $ 1,289.00 12. 204 N. Stine Road 020-281-06 $ 699.00 Ward 2/Counciimember Sue Benham 13. 132 Beech Street 008-071-10 $ 105.00 14. 908 Eureka Street 017-270-14 $ 300.00 15. 3525 Jewett Avenue 120-130-02 $ 105.00 16. 915 King Street 014-300-17 $ 795.00 17. 29 Lincoln Street 012-052-07 $ 999.00 18. 212 Lincoln Street 012-300-15 $ 739.00 19. 200 Niles Street 012-250-17 $ 749.00 20. 1722 Olive Street 004-232-22 $ 105.00 21. 1725 Olive Street 004-231-03 $ 105.00 22. 1729 Orange Street 007-192-18 $ 105.00 23. 105 Quincy Street 012-041-02 $ 735.00 24. 531 Quincy Street 013-210-07 $ 300.00 25. 3031 Sunset Avenue 007-043-06 $ 105.00 26. 2707 Truxtun Avenue 004-201-05 $ 105.00 27. 823 E. 18" Street 017-280-16 $ 300.00 28. 2410 1 e Street 003-332-06 $ 105.00 29. 702 28'" Street 002-091-18 $ 895.00 Ward 31Counciimember Ken Weir 30. 3608 Candlewood Drive 382-191-11 $ 775.00 31. 3324 Cardinal Avenue. 382-121-10 $ 105.00 32. 4101 Christmas Tree Lane 146-131-01 $ 300.00 33. 3318 Columbus Street 383-213-27 $ 799.00 34. 3300 Covina Street 146-042-06 $ 300.00 35. 2808 Mt. Vernon Avenue 021-441-05 $ 1,350.00 36. 2704 Pomona Street 021-361-13 $ 835.00 37. 5903 Verano Court 365-241-15 $ 300.00 October 30, 2009, 12:26PM S:\Dana\ADMINS\2009\Nov\11-18-Property Abatement.doc ADMINISTRATIVE REPORT Page 3 of 4 PROPERTY LOCATION APN COST Ward 4/Councilmember David Couch 38. 301 Barkine Court 390-242-07 $ 300.00 39. 13005 Hillary Way 522-152-05 $ 675.00 40. 8704 Icicle Creek Drive 451-412-08 $ 300.00 41. 216 Joelyle Street 522-114-01 $ 300.00 42. 10707 Peach Blossom Avenue 526-301-18 $ 300.00 43. 12104 Sundance Canyon Drive 527-412-26 $ 729.00 Ward 5/Councilmember Harold Hanson 44. 9901 Cimarron Trails Drive 394-042-09 $ 1,831.00 45. 8900 Gleeson Court 392-272-18 $ 767.00 46. 10901 Villa Monterey Drive 497-562-01 $ 690.00 47. 10909 Villa Monterey Drive 497-562-03 $ 780.00 48. 9705 White Oak Drive 512-112-03 $ 835.00 Ward 6/Coucilmember Jacauie Sullivan 49. 5901 Arc Dome Avenue 498-621-07 $ 750.00 50. 4551 Grissom Street 384-331-19 $ 105.00 51. 7400 Henness Court 498-410-14 $ 709.00 Ward 7/Councilmember Zack Scrivner 52. 4807 Ambrister Drive 515-553-10 $ 827.00 53. 2400 Carlita Road 372-193-25 $ 300.00 54. 1211 Cates Street 516-413-03 $ 689.00 55. 4817 Chinta Drive 515-552-01 $ 105.00 56. 7502 Cross Glade Street 516-354-11 $ 300.00 57. 1008 Delwood Avenue 413-142-03 $ 300.00 58. 1131 Elite Court 516-392-17 $ 719.00 59. 3805 Fambrough Drive 025-163-02 $ 105.00 60. 603 Fownes Court 516-220-01 $ 943.00 61. 3302 Futura Rose Avenue 515-541-01 $ 105.00 62. 1520 Ivan Avenue 025-121-01 $ 835.00 63. 1207 Quartz Hill Road 516-251-19 $ 799.00 64. 3801 Shenandoah Drive 025-171-01 $ 105.00 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 October 30, 2009, 12:26PM S:\NWADMINS20091NoW 1-18-Property Abatement.doc ADMINISTRATIVE REPORT Page 4 of4 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. October 30, 2009, 12:26PM S:\Dana\ADMINS\2009\Nov\11-18-Property Abatement.doc BA C~ ~U44 0 ADMINISTRATIVE REPORT wwNY LL L~ MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: g, h TO: Honorable Mayor and City Council APP OVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 4, 2009 CITY ATTORNEY D CITY MANAGER SUBJECT: Resolution of Intention No. 1650 to order the vacation of a flowage and drainage easement at the southeast corner of the property located at 68 E. White Lane, PM 11785. (Ward 1) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request to vacate the flowage and drainage easement located at the southeast corner of the property located at 68 E. White Lane, PM 11785. The existing sump is being relocated to the northeast corner of the property and a new flowage and drainage easement will be provided and recorded prior to final approval of this vacation. A new access easement to the new sump location will also be completed prior to final approval, along with an access easement over the existing sewer lift station. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are City sewer and storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on November 3, 2009 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of January 13, 2010, on the proposed vacation. SAStreet VacationsT. White Ln\Admin. Report - Consent Calendar.doc BA E OF OpPOR, 3 ADMINISTRATIVE REPORT 1 MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: S j TO: Honorable Mayor and City Council APPROVED FROM: Raul M Rojas, Public Works Director DEPARTMENT HEAD DATE: October 19, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1651 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No. 2, Division 33 (California Avenue - "S" to Union). (Wards 1 and 2) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The formation of this district will require that all affected utility companies remove the overhead lines on California Avenue between "S" Street and Union Avenue and place them underground. The district encompasses California Avenue between "S" Street and Union Avenue and the parcels with direct frontage on this section of California Avenue. The Resolution sets the date of December 16, 2009 for the protest hearing. mps October 27, 2009, 9:30AM GAGROUPDAT\ADMINRPT\2009\11-18\UUD 2-33 ROLdoc F Brock n !w SCA ADMINISTRATIVE REPORT 1 MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M Rojas, Public Works Director DEPARTMENT HEAD DATE: October 19, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1652 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No. 2, Division 34 (Calloway Drive - Hageman Road to Meacham Road). (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The formation of this district will require that all affected utility companies remove the overhead lines on Calloway Drive between Hageman and Meacham Roads and place them underground. The district encompasses Calloway Drive between Hageman and Meacham Roads and the parcels with direct frontage on this section of Calloway Drive. The Resolution sets the date of December 16, 2009 for the protest hearing. mps October 27, 2009, 9:29AM G:IGROUPDATWDMI NRPTIADMI N FORM.doc A OFy o44 r ADMINISTRATIVE REPORT L~ MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: k TO: Honorable Mayor and City Council PROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD Z' DATE: November 4, 2009 CITY ATTORNEY yer CITY MANAGER SUBJECT: Resolution of Intention #1653 to add territory, Area 2-42 (5801 District Boulevard) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. (Ward 6) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of the parcel 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 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 also has 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:\GR0UPDAT\ADMINRPT\2009\11-04\ROI 1653 MD 2-42 admin.doc of a.Po ERs ADMINISTRATIVE REPORT Lw..,Le 0 MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: $ f TO: Honorable Mayor and City Council APPROVED FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD "-z.. A~! DATE: October 26, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Relocation of Beardsley Pipeline and Headgate along 7th Standard Road (Unincorporated) 1) Reimbursement Agreement with the County of Kern (not to exceed $206,565) for the over-sizing of approximately 1800 feet of the Beardsley lateral 1-5-0 pipeline and headgate. 2) Joint Use Agreement with the County of Kern for relocation of waterline easement RECOMMENDATION: Staff recommends approval of Reimbursement and Joint Use Agreements. BACKGROUND: The City of Bakersfield's 1-5-0 lateral pipeline and headgate divert Kern River water from the Beardsley Canal just west of Coffee Road into the Kern River Canal & Irrigation Company service area. The relocation is part of the County of Kern's 7th Standard Road widening project and will be relocated at the County's expense. The City of Bakersfield anticipates the future demand due to growth in the area will require a 42" pipeline and corresponding headgate. Because the County of Kern is relocating the existing pipeline as part of the 7th Standard Road project it makes economical sense to upsize the pipeline at the same time. The reimbursement agreement between the County of Kern and the City of Bakersfield is to reimburse the County of Kern for the additional costs associated with the over-sizing of the 24" pipeline and headgate. The joint use agreement is necessary for the County to relocate the existing waterline easement to the new location on the south side of 7th Standard road within the new right-of-way which is under the County of Kern jurisdiction. This agreement will allow the City to operate and maintain the new waterline and the County to operate and maintain the new alignment of 7th Standard Road. The City of Bakersfield 2009/2010 Capital Improvement Budget authorized $260,000 to upsize approximately 1800 feet of 24" pipeline to 42" with corresponding headgate. A ~ ~ ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: in . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: October 26, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: License agreement with Southern California Gas Company to relocate natural gas service being displaced by the construction of the Westside Parkway at the Friant Kern Canal and Brimhall Road extended (Flying J refinery). (Wards 2, 4, 5) RECOMMENDATION: Staff recommends approval of license agreement. BACKGROUND: Southern California Gas Company (SCGC) has requested the City grant them a license agreement over property acquired by the City for the Westside Parkway. It is necessary for the City to grant the license to allow SCGC to relocate facilities currently located within Brimhall Road on both sides of the Friant Kern Canal. The TRIP Division of the Public Works Department has reviewed their request and recommends approval. October 26, 2009, 2:45PM P:\MyFiles\Admin Reports\So Cal Gas Flying Tcloc DMA/s A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED 77 FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Rossetti Associates Incorporated ($86,300.00) for support services during construction of the Bakersfield Sports Village Phase 1 (Ward 6). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Sports Village Project is located on a 220 acre site on the north side of Taft Highway between Gosford Road and Ashe Road. The City plans to construct a recreation facility with a "Sports Village" theme. The facility will consist of 16 soccer fields, a soccer stadium, 4 baseball fields, 6 soft ball fields, 4 football fields, a multi-purpose facility and a community center. Surrounding areas will feature a park with a lake for family outings and two commercial areas. On February 28, 2007, the City entered into an agreement with CMX Sports Engineers for preliminary and schematic design services for the Sports Village. On July 30, 2008, the City entered into agreement with CMX Sports Engineers for preparation of construction documents and supports services during construction of Sports Village Phase 1. Phase 1 includes construction of 8 soccer fields, restroom, concession stand, parking lot, portion of Fair Play Drive, sports field lighting for 8 fields, walkways, and landscaping adjacent to Ashe Road from Fair Play Drive to McKee Road. During the bidding period of Phase 1, the City received notice from CMX LLC. (formerly CMX Sports Engineers) that CMX closed their doors on August 14, 2009 due to the current economy. For this reason, the City had to seek fee proposals from other design consultants to provide architectural support services during construction. Rossetti Associates Incorporated was a sub-consultant on CMX's design team and has a complete understanding of the project. In addition, Rossetti has prepared their team with the same sub-consultant's used during the design of the project. The only change in the design team is that City staff will be providing supports services for the civil engineering aspects of the project; this aspect of work was previously provided by CMX. On September 9, 2009 the City awarded a construction contract to Klassen Corporation for the construction of Phase 1. Construction is anticipated to start in mid November 2009. Nf Design PX721 November 5, 2009, 1:17PM G:\GROUPDAT\ADMINRPT\2009\11-1Monstruction Support Service Sports Village.doc A ADMINISTRATIVE REPORT 1 MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: F. o, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: November b, 2009 CITY ATTORNEY ! G~ CITY MANAGER SUBJECT: Agreement with McKool Smith, P.C. to provide legal services related to transient ocupancy taxes, to be handled on a contingency fee basis. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City generates approximately $7 million annually in transient occupancy taxes TOTs"). Online travel companies ("OTCs") customarily purchase blocks of hotel rooms at the wholesale price and then sell these hotel rooms to customers online at the retail price. It is believed that OTCs collect the TOT from customers based on the retail price of the room, but only remit the tax to the City based on the wholesale price, keeping the difference. The law firm of McKool Smith has experience in assisting municipalities discover whether OTCs have properly remitted the appropriate TOTS. Staff is seeking approval of an agreement with McKool Smith, P.C. to assist the City in an audit of these OTCs and if necessary, pursue a lawsuit to recover any damages. CKI:Isc S:\C0UNCIL\Adm1ns\09-10 Admins\ TOT_McKool Smith November 4, 2009, 3:20PM F a A"" ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council A OVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: November 9, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Community Action Partnership of Kern, in the amount of $247,342 in CDBG funds for related construction assistance and predevelopment related soft costs for the Friendship House Community Center located at 2424 Cottonwood Road. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: The Friendship House Community Center has a 40-year history of providing needed services to the residents of southeast Bakersfield. The Community Action Partnership of Kern is requesting $247,342 in CDBG funds from the City of Bakersfield's Economic and Community Development Department to assist in the reconstruction of the Friendship House Community Center. The purpose of the request is for assistance with construction and predevelopment related soft costs, including but not limited to engineering design, permits for the construction of the youth center and to improve the outdoor sports complex. Improvements to the sports complex include perimeter fencing for the property, upgrading and expanding the current outdoor amenities of three basketball courts, and a refurbished softball field that would also accommodate soccer fields at the outdoor sports complex. Some of the funding may be used to assist in the cash flow for the project as construction begins on the youth center and the Community Action Partnership of Kern secures confirmation of receipt of $3,039,000.00 in Proposition 40 grant funds from the State of California, Department of Parks and Recreation. The use of Federal funds requires the use of federal procurement procedures for any future contractor or any contracted laborer for the project. Also, city staff has completed the NEPA environmental review and is waiting for approval of the release of funds from the U.S. Department of Housing and Urban Development. Upon receipt of the release of funds, the Economic and Community Development staff will issue a written notice to proceed to Community Action Partnership of Kern before they can access the CDBG funds. S:Wdmins\City Council\City Council Admins 20091Friendship House Admin.Doc 11/9/20091:09 PM A U ADMINISTRATIVE REPORT Y MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: g, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD P~;- DATE: November 5, 2009 CITY ATTORNEY V~ CITY MANAGER K~ SUBJECT: Amendment No. 1 to Agreement CA08-010 with outside counsel, Clifford and Brown for legal services in the matter of Land Lot 1, LLC v. City of Bakersfield, et al., Kern County Superior Court Case No. S-1500-CV-263357 WDP, in an amount not to exceed $115,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On May 23, 2008, the City entered into Agreement No. CA08-010 for legal services in the above matter with Clifford and Brown in an amount not to exceed $40,000. The lawsuit is currently pending, with a trial date scheduled for November 30, 2009. The City has received invoices through September 30, 2009 from Clifford & Brown and we expect that future legal fees will be incurred through the entry of judgment. At this time, the City Attorney's Office requests that an amendment to this agreement be executed for additional compensation so that outside representation may continue through trial. This Amendment No. 1 to Agreement No. CA08-010 would be adding $75,000 to the Not to Exceed Limitation on compensation and result in a total Not to Exceed amount of $115,000. VG: ac S:\000NCUAdmins\09-10 Admins\LandLotlAdminCA08-010Amd1.doc November 6, 2009, 10:38AM A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: r. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Ile- DATE: November 5, 2009 CITY ATTORNEY CITY MANAGERS SUBJECT: Amendment No. 1 to Agreement CA09-013 with outside counsel, Duane Morris, LLP for legal services in the matter of Home Builders Association of Kern County, Inc. v. City of Bakersfield, et al., Kern County Superior Court Case No. S-1500-CV-267954 NFT, in an amount not to exceed $100,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On September 9, 2009, the City entered into Agreement No. CA09-013 for legal services in the above matter with Duane Morris, LLP in an amount not to exceed $40,000. The City has received invoices through September 30, 2009 from Duane Morris, LLP and we expect that future legal fees will be incurred. At this time, the City Attorney's Office requests that an amendment to this agreement be executed for additional compensation so that outside representation may continue. This Amendment No. 1 to Agreement No. CA09-013 would add $60,000 to the Not to Exceed Limitation on compensation and result in a total Not to Exceed amount of $100,000. VG:ac SACOUNCIL\Ndmins\09-10 Admins\HBAAdm1nCA09-013Amd1.doc November 6, 2009, 10:36AM A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: , s TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 4, 2009 CITY ATTORNEY_~ CITY MANAGER SUBJECT: Amendments to Landscape Agreements for Tract 6406 with D. R. Horton Los Angeles Holding company, Inc., located north of City Hills Drive and east of Vineland Avenue. 1. Amendment No. 1 Landscape Agreement 06-042 for Tract 6406 Phase 1. 2. Amendment No. 1 Landscape Agreement 06-044 for Tract 6406 Phase 2. 3. Amendment No. 1 Landscape Agreement 06-046 for Tract 6406 Phase 3. 4. Amendment No. 1 Landscape Agreement 06-116 for Tract 6406 Phase 4. 5. Amendment No. 1 Landscape Agreement 06-118 for Tract 6406 Phase 5. RECOMMENDATION: Staff Recommends approval to the Amendments BACKGROUND: The Landscape Agreement are entered into to secure the improvements required for the Subdivision on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha November4, 2009, 2:55PM S:\DanAnson\DR Horton LS AGRMT T6406 1-5.doc U ~ ADMINISTRATIVE REPORT LlFo MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 9, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Approve Amendment No. 3 to Agreement 06-053 with Parsons Transportation Group Inc, ($714,000.00 for a not to exceed total of $43,855,767.00) for Program Management Services for the Thomas Roads Improvement Program (TRIP) (Various Wards) RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: Security Paving Company (SPC) began construction on the SR-178 and Fairfax Road Interchange Project in October 2007. At that time, the City entered into Amendment No. 2 to Agreement 06-053 with Parsons Transportation Group, for Program Management Services for the Thomas Roads Improvement Program (TRIP), to include Construction Management (CM) Services for overseeing the construction of this project. SPC originally had planned to complete the interchange by May 2009, ahead of schedule, and Parsons had based their original work effort and cost on this expedited project delivery schedule. However, completion of the freeway interchange construction has been delayed due to a number or reasons, including: • longer than expected utility relocations that had to be coordinated with project construction. Some of these relocations that the City was going to pay the utility company for, SPC performed instead and the City paid SPC instead of the utility company • design changes required due to unanticipated field conditions, and the subsequent approval from Caltrans for these changes before they could be implemented • additional work performed by SPC that was not included in their original contract The project is now essentially complete except for two ramp design related issues that the City is working with the Designer to remedy, and "punch list" items Caltrans and Parsons staff have noted and the contractor is addressing. Due to the extended schedule, Parsons is requesting additional funds in order to continue to provide CM services through the completion of the project. In addition, the audited indirect cost overhead rates for Parsons for any of their federally funded contracts is reviewed and updated annually. This amendment also includes the adjustment of these rates in accordance with federal acquisition regulations the City must follow when using federal funds. This rate adjustment does not alter the contract amount. Staff recommends approving this amendment for an amount not to exceed $714,000.00. Adequate federal and impact fee funding has been previously budgeted to pay for this amendment. Rev. 11/9/2009 1:32:49 PM G:\GR0UPDAT\ADMINRPT\2009\11-18\Parsons Amendment 3- Adminldoc A R ~ • ih . ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: , u TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 05-195/RA05-002 Sub-recipient Agreement with the Bakersfield Redevelopment Agency for the Commitment of $2,046,619 HOME Investment Partnership Funds earmarked for affordable housing in the Baker Street Mixed Use Project. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: During the past few years, the City Council has committed various funding sources for the Baker Street Mixed Use Project including Community Development Block Grant Funds, Tax Increment, Section 108 and HOME Investment Partnership Funds. Subsequently, the Redevelopment Agency has executed multiple agreements with the City assuming oversight responsibility for the use of these federal funds in addition to agreeing to comply with HUD mandated regulations in relationship to the administration of the project. The housing component of the Baker Street Mixed Use Project - Phase 1 is planned to include 24 residential town homes and 13 one bedroom lofts over commercial space on Baker Street for a total of 37 units. All of the residential units will be "for rent"and affordable. To date a total of $1.635 million in HOME funds have been earmarked in the budget for the housing component of the project from multiple fiscal years beginning in FY 2002/03. This proposed sub-recipient agreement will serve a similar assignment function whereby the City will technically lend the Agency the HOME funds and the Agency will agree to administer the project, ensuring that the project will be built and that affordable housing will be provided as previously described. HUD regulations require the commitment of these funds through a contractual agreement either to a developer or a sub-recipient entity over the course of two funding years. The funds must also be expended within five years. Uncommitted funds are subject to reclaiming by HUD. This sub-recipient agreement fulfills the commitment requirement called for under the HUD regulations and secures the funds for the project. Staff has completed negotiations with the Housing Authority of the County of Kern and the final components of the Owner Participation Agreement (OPA) are under review. The Housing Authority applied for and received an $8 million HUD Capital Fund Recovery Competition Grant to complete construction of Phase 1. The OPA is scheduled to be presented for consideration to the Redevelopment Agency in December 2009. The Bakersfield Redevelopment Agency will consider this Agreement at its December 2009 meeting. S:1AdminslCity Council\City Council Admins 20091City Agency HOME funds use Baker Amend 2009 DL Comments.docx 11/5/200910:41 AM A Q~ covoeM n1S ADMINISTRATIVE REPORT LIF MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council AP ROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Wastewater Treatment Plant No. 3 - 2007 Expansion Project (Ward 6): 1. Amendment No. 2 to Construction Management Contract No. 06-388 with Jacobs Civil Incorporated ($700,000.00; for a revised total contract amount of $7,700,000.00) for additional construction management services for Project. 2. Transfer $200,000 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of amendment and transfer. BACKGROUND: Agreement No. 06-388 with Jacobs Civil Incorporated was approved by the City Council on December 13, 2006. This agreement provided for construction management service, constructability review, construction inspection, construction surveying, and soil/material testing for the $211 million Wastewater Treatment Plant 3 Upgrade and Expansion project. With approximately six months left of construction, the Construction Phase portion of the budget is 96% depleted. This is mostly due to the extensive material testing required for a project of this size and complexity. Items that fall under the material testing category include inspection of rebar, welding, masonry, concrete, and soils. The compensation clause needs to be increased by $700,000 for the additional services. The following table summarizes the amended compensation by category of work: DESCRIPTION AMENDMENT 2 FEE 1. Constructability Review Phase (fixed fee) $182,920 2. Bidding Phase (not-to-exceed fee) 248,721 3. Construction Phase (not-to-exceed fee) 7,039,109 4. Reimbursable Expenses for All Phases of Work 229.250 (not-to-exceed fee) $ 7.700.000 The Fiscal Year 2009/10 budget included $500,000 for this anticipated amendment. An additional $200,000 is needed from the contingency account in order to fully fund this amendment. C:\DOCUME-1\glorenzi\LOCALS-1\Temp\XPgrpwise\Amendment to Agreement 06-388 Jacobs Civil Incorporated Administration Report.doc A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM:, W , TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD ~V DATE: November 5, 2009 CITY ATTORNEY L CITY MANAGER SUBJECT: Amendment No. 3 to Agreement No. 06-324 with RM Industries ($80,000) revised not to exceed $320,000 and extending term for one (1) year for the annual contract for Amtrak Station janitorial and hardscape maintenance. (Ward 2) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On October 25, 2006, Council awarded the annual contract for Amtrak 'Station janitorial and hardscape maintenance to RM Industries in the amount of $80,000; renewable annually thereafter for four (4) consecutive one-year periods. On August 29, 2007, Council approved Amendment No. 1 extending the agreement for one (1) year and adding $80,000 to the Agreement for a revised not to exceed contract amount of $160,000. On October 8, 2008, Council approved Amendment No. 2 adding $80,000 for a revised not to exceed amount of $240,000 and extending term one year. If approved, Amendment No. 3 will add $80,000 for a revised not to exceed amount of $320,000 and will extend term one year to expire in 2010. Extending the Agreement allows the City to continue the janitorial and hardscape maintenance at the Amtrak Station. Purchasing Division S:%PURCMADMIMAmendments\Amendment #3 to Agreement 06-324, RM Industries, Amtrak Janitorial, November 18, 2009.docx November 5, 2009, 3:17PM A ADMINISTRATIVE REPORT 1 - MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD !l`J DATE: July 2, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 3 to Agreement No. 07-378 with T.D. Whitton Construction, Incorporated extending term for one year for the annual contract for street reconstruction and paving with no dollar cost increase. (Citywide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On October 24, 2007, Council awarded the annual contract for street reconstruction and paving to T.D. Whitton Construction, Incorporated in the amount of $2,000,000; renewable annually for four (4) consecutive one-year periods. On May 7, 2008, Council approved Amendment No. 1 extending the agreement for one (1) year and adding $2,000,000 for a revised not to exceed contract amount of $4,000,000. On October 22, 2008, Council approved Amendment No. 2 adding $1,000,000 for a revised not to exceed amount of $5,000,000 to compensate for an allowable price index increase. If approved, Amendment No. 3 will extend term one year to expire in October 2010, no additional funds are necessary. Extending the Agreement allows the City of continue street reconstruction and paving in City streets as needed. Purchasing Division S:\PURCH\HDMINWmendments\Amendment #3 to Agreement 07-378, TD Whitton, November 18, 2009.docx November 5, 2009, 3:59PM A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: g , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD c,° DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 4 to Agreement No. 09-022 with MGE Underground Inc. ($57,747.27, for a revised not to exceed amount of $830,386.35) for the project known as Install Traffic Signal Interconnect - Part 6 (Wards 1, 2, 4, 5). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the installation of fiber optic traffic signal interconnect conduit and cable at various locations to facilitate traffic signal coordination and synchronization. During the course of the project, a number of previously undetected utility main lines and service lines were found to be within the area of the interconnect conduit installation. The contractor is required by state law to ascertain the location of these facilities by hand digging and physically exposing the utility line prior to constructing the interconnect conduit. These unknown utility lines were discovered on every street within this project. The contractor has agreed to accept a lump sum of $57,158 for locating these facilities including the excavation, backfill, and patch back of the various areas. During the installation of the interconnect conduit on Oak Street at Chester Lane, a large concrete sign foundation was discovered. This foundation is 30 inches in diameter and approximately 5 feet in depth. The contractor has agreed to remove this structure for the lump sum price of $589.27. The net cost increase of Change Orders No. 4 is $57,747.27. The change orders to date on this project reflect a total cost increase of $103,324.35 (which is an increase of 14.2% of the original contract amount) as illustrated below: • Original Contract Amount = $727,062.00 • Amended Contract Agreement after Change Orders = $830,386.35 Net Increase to date = $103,324.35 RM (Constructlon) November 5, 2009, 8:39AM G:\GROUPDAT\ADMINRPT\2009\11-18\CCO 4 Interconnect Part 6.doc A t, ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: g, z TO: Honorable Mayor and City Council APPROVE FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD 0 K/ DATE: November 6, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Accept proposal and award contract to Dave Bang Associates, Inc. ($508,500) to purchase Park Playground Equipment and Rubberized Surfacing: 1. Amberton Park Playground Equipment and Rubberized Surfacing ($80,255). (Ward 5) 2. Beach Park Playground Equipment and Rubberized Surfacing ($132,265). (Ward 2) 3. Campus Park South Playground Equipment and Rubberized Surfacing ($67,967). (Ward 5) 4. Corvallis Park Playground Equipment and Rubberized Surfacing ($93,018). (Ward 6) 5. Kroll Park Playground Equipment and Rubberized Surfacing ($101,562). (Ward 5') 6. Additional Rubberized Surfacing to meet ADA and safety standards ($33,433 RECOMMENDATION: Staff recommends acceptance of proposal and award of contract. BACKGROUND: Funding source for playground equipment is provided through the Park Improvement Fund. The collective project estimate was $537,500. Sufficient funds are budgeted to award this contract. Request for Proposals (RFP) were sent out on September 10, 2009, and five acceptable proposals were received on September 29, 2009. A per-playground budget was provided within the RFP and an acknowledgement that the playground would be selected based upon price, "play value", layout of the equipment, and other factors listed in the RFP. Decisions were made November 6, 2009, 11:46AM SAADMINISTRATION DIVISION\Admin Rpts\2010 Adm1ns\11.18.09 - Dave Bang & Associates.doc ADMINISTRATIVE REPORT independently by three certified playground inspectors, and their rankings were combined for the final tally used to establish a recommendation to purchase the playground equipment. The awarded vendor's total bid is $475,067. An additional $33,433 award will provide extra rubber surfacing to be placed appropriately in order to meet safety and ADA standards. This purchase will upgrade Amberton, Beach, Campus South, Corvallis, and Kroll Parks with playground equipment and rubberized surfacing. Purchase of the equipment will meet all current safety equipment standards and guidelines along with the Americans with Disabilities Act (ADA) accessibility standards. Recommendation is to award an agreement not to exceed $508,500 to Dave Bang Associates, Inc. Basic W/Enhanced Rubber Total of Equipment Shade Surfacing Selected Amberton Selected: Dave Bang $54,333 $62,807 $17,448 $ 80,255 Playcraft $72,317 no bid no bid Courts & Greens no bid no bid no bid Rec West $67,715 no bid $43,374 Higgins $58,625 $66,730 $56,809 Beach Selected: Dave Bang 93714 $99,447 $ 32,818 $132,265 Playcraft $95,492 no bid no bid Courts & Greens $99,950 $99,997 $108,250 Rec West $93,397 no bid $ 40,372 Higgins $80,878 no bid $100,012 Campus South Selected: Dave Bang $53,121 $55,780 $12,187 $ 67,967 Playcraft $53,716 no bid no bid Courts & Greens no bid no bid no bid Rec West $54,324 no bid $23,026 Higgins $49,498 $55,994 $44,882 Corvallis Selected: Dave Bang $63,057 $68,612 $24,406 $ 93,018 Playcraft $77,931 no bid no bid Courts & Greens no bid no bid no bid Rec West $72,246 no bid $28,695 Higgins $71,690 no bid $85,788 November 6, 2009, 11:46AM SAADMINISTRATION DIVISIONWdmin Rpts\2010 Admins\11.18.09 -Dave Bang & Associates.doc ADMINISTRATIVE REPORT Kroll Selected: Dave Bang $74,445 $79,941 $21,621 $101,562 Playcraff $76,325 no bid no bid Courts & Greens no bid no bid no bid Rec West $69,926 no bid $42,100 Higgins $71,598 no bid $79,221 Equipment & Surfacing: $475,067 Additional Surfacing: $ 33,433 Total Contract Award: $508,500 jln November 6, 2009, 11:46AM SAADMINISTRATION DIVISION1Admin Rpts12010 Admins111.18.09 -Dave Bang & Associates.doc A Q~rwMO14 c U t= C~ Cn ADMINISTRATIVE REPORT My % IF MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: 9, Na, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 4, 2009 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Waterline Extension to Wastewater Treatment Plant No. 3 from Ashe Road to Taft Highway (Ward 6): 1. Accept bid and award contract to Kern Pacific Construction ($203,063.00) for project. 2. Transfer $203,063.00 from a budgeted Capital Improvement Project (Wastewater Treatment Plant No. 3 Arterial Roads) within the Sewer Enterprise Fund to fund the award of this project. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of transfer. BACKGROUND: This project consists of extending a 16" waterline on Ashe Road in preparation to widen the west half of Ashe Road from Taft Highway to McCutchen Road. As a mitigation measure of the Wastewater Treatment Plant No. 3 Expansion Project, the arterial roadways around the Plant will be widened to half width adjacent to the Plant. In addition, the waterline extension will serve the development of the Bakersfield Sports Village. This project is funded with Sewer Enterprise Funds. The Engineer's Estimate for this construction contract was $380,000. On October 23, 2009, a total of 9 bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Kern Pacific Construction 4001 Patton Way #1 Bakersfield, CA 93308 (City) in the amount of $203,063.00 Sierra Construction & Excavation, Inc. 3400 Unicorn #109 Bakersfield, CA 93308 (County) in the amount of $240,544.00 Ruben's Pipeline, Inc. 3606 Essendon Court Bakersfield, CA 93313 (City) in the amount of $254,697.18 November 5, 2009, 11:22AM G:\GR0UPDATWDMINRPT\2009\11-18\E8K105 Waterline Extension.doc ADMINISTRATIVE REPORT Vindeb, Inc. 4098 Calle Tesoro, Suite B Camarillo, CA 93012 in the amount of $294,295.20 John Madonna Construction, Inc. 12165 Los Osos Valley Road San Luis Obispo, CA 93405 in the amount of $295,933.00 Concastco 4808 Stine Road, Suite D Bakersfield, CA 93313 (City) in the amount of $298,465.00 Nicholas Construction, Inc. 251 Carsen Way Shaffer, CA 93263 in the amount of $300,573.00 B.V. Construction, Inc. 4185327 th Street West Palmdale, CA 93551 in the amount of $302,443.60 HPS Mechanical, Inc. 3100 E Belle Terrace Bakersfield, CA 93307 (City) in the amount of $306,540.00 Staff recommends the transfer of $203,063 from a budgeted Capital Improvement Project (Wastewater Treatment Plant No. 3 Arterial Roads) to fund this contract. The waterline extension is required as part of the arterial road expansion project. For accounting purposes, these two projects have been separated. Nf Design E8k105 November 5, 2009, 11:22AM G:\GROUPDATIADMINRPT\2009\11-18\E8K105 waterline Extension.doc ,C', O` rCPPGRRn RRU`~S~? U d ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: f j TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD t. DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Accept Bid and Award Contract to Lee Wilson Electric Co., Inc. ($197,175.60) for the Traffic Signal and Lighting System Installation at the Intersections of: Old River Road and Harris Road; and Old River Road and Campus Park Drive (Wards 5, 6). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of installing a traffic signal and lighting system at the intersections of Old River Road and Harris Road and at Old River Road and Campus Park Drive. This project is predominantly funded with federal Congestion Management Air Quality funds. The Engineer's Estimate for this construction contract was $274,000. Sufficient funds are budgeted to award this contract. On October 14, 2009, a total of six bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Lee Wilson Electric Co., Inc. 1151 El Camino Real Arroyo Grande, CA 93420 in the amount of $197,175.60 A-C Electric Company 315 30th Street Bakersfield, California 93303 (City) in the amount of $198,487.20 Loop Electric 7040 Downing Ave Bakersfield, CA 93308 (County) in the amount of $203,426.00 Tumupseed Electric Service, Inc. 5306 Aldrin Court Bakersfield, California 93313 (City) in the amount of $229,803.75 Christopher R. Morales, Inc 155 N Eucla Ave San Dimas, CA 91773 in the amount of $231,965.10 MCH Electric Inc. 31084 S Hwy 33 Tracy, CA 95304 in the amount of $290,545.74 PW/Design Engineering/kdb 11/5/2009 10:51 AM G:\GROUPDATWDMINRPT\2009\11-04WdminT9K112 T9K113 Old River Road Signals.doc SAKE ADMINISTRATIVE REPORT LIFO MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED i,rz,l FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD f DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Loop Electric, Inc. ($449,932.50) for the installation of Traffic Signal Interconnect - Part 7 (Wards 1, 3, 4, 6, and 7). RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along: • Brimhall Road between Allen Road and Jewetta Avenue • Calloway Drive between Rosedale Hwy and Hageman Road • Coffee Road between Hageman Road and Olive Drive • Ming Avenue between H Street and P Street • Wible Road between Harris Road and White Lane With this new interconnect installed, traffic signal timing along these segments can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This traffic signal interconnect project is funded predominately with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. The federal portion of this project will fund 88.53% of this project's costs. The 11.47% local portion of this project is funded with gas tax revenues received in prior years. The Engineer's Estimate for this project is $546,012.50. On October 2, 2009, a total of nine bids were received; seven of those bids are acceptable. Those acceptable bids are as follows: Loop Electric, Inc. 7040 Downing Ave. Bakersfield, CA 93308 (City) in the amount of $449,932.50 Steiny and Company 12907 E. Garvey Ave. Baldwin Park, CA 91706 in the amount of $455,249.00 MGE Underground 816 26th Street Paso Robles, CA 93446 in the amount of $461,274.00 November 9, 2009, 10:22AM G:\GR0UPDAT\ADMINRPT\2009\11-18\Adm1Rpt_Interconnect Part Tdoc ADMINISTRATIVE REPORT Christopher R. Morales, Inc. 155 N. Eucla Ave. San Dimas, CA 91773 in the amount of $479,900.00 Terno 15701 Hernon Ave. La Mirada, CA 90638 in the amount of $516,606.00 MCH Electric Inc. 31084 S. Hwy 33 Tracy, CA 95304 in the amount of $557,088.50 PTM Engineering Services 5942 Acorn St. Riverside, CA 92504 in the amount of $585,085.00 Of the two bids that were determined to be non-responsive, one was deemed non-responsive because of an error made on the Proposal Form that increased the contractor's bid amount to $3,401,800, which greatly exceeds the engineer's estimate. The other bid was determined to be non-responsive because the contractor did not perform adequate good faith efforts to afford underutilized disadvantaged business enterprises (UDBEs) opportunities to participate in this Federal Highway Administration (FHWA) project. This particular project is funded with FHWA funds and as a condition of receiving these funds, the City implemented the Caltrans' Disadvantaged Business Enterprise Program, commonly referred to as the DBE Program. The DBE Program is based on federal regulations mandated by the United States Department of Transportation (DOT). It is the policy of the City of Bakersfield to ensure that DBEs, as defined in these federal regulations, have an equal opportunity to receive and participate in DOT-assisted contracts. A specific project goal is established for each FHWA funded project pursuant to federal regulations. The project goal applies only to underutilized DBEs, commonly referred to as UDBES. Bidders are encouraged to make every attempt to reach the UDBE project goal or provide adequate documentation that they did actively and aggressively seek out UDBEs to participate in this federally funded project. Guidance as to what constitutes a good faith effort was explained in the various documents issued on this project. The DBE Oversight Committee, which is comprised of staff from the Public Works Department and from the City Attorney's Office, reviewed the good faith effort submitted by this bidder. Based on an extensive review, the DBE Oversight Committee found that the bidder did not perform adequate good faith efforts. The bidder was informed of this decision and, as required under federal regulations, the bidder was provided an opportunity to appeal the decision of the DBE Oversight Committee to the Appeal Reconsideration Committee which is made up of the Public Works Director and the Assistant Public Works Director. The bidder met with the Appeal Reconsideration Committee on October 30, 2009. Based upon both the verbal and written documentation provided by the bidder regarding their good faith effort, the Appeal Reconsideration Committee upheld the decision of DBE Oversight Committee. November 9, 2009, 10:22AM G:\GR0UPDAT\ADMINRPT\2009\11-18\AdmiRpt_Interconnect Part Tdoc A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: c4 TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 4, 2009 CITY ATTORNEY G Y CITY MANAGER SUBJECT: Accept bid from EnPointe Technologies, Incorporated in the amount of $175,384.41 for one hundred ten (110) Panasonic toughbook display systems for the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over five hundred (500) suppliers for Panasonic toughbook display systems to be used by the Police Department. Eleven (11) bids were received in response to the solicitation as follows. Ten (10) toughbook display systems will be issued to new vehicles funded by the Jag/Byrne grant and one hundred (100) units will be used to replace older model display systems that have exceeded their useful life and are worn out. BIDDER AMOUNT EnPointe Technologies, Inc $175,384.41 Gardena, CA OM Office Supply $177,111.00 Mechanicsburg, PA CDW Government, Inc $179,683.25 Vernon Hills, IL New Tech Solutions $180,359.37 Fremont, CA Capital Datacorp $180,802.33 North Highlands, CA SSP Data $181,040.48 Richmond, CA Business Services $183,063.56 San Diego, CA Purchasing Division SAPURMADMINWdmin 09-10\Panasonic Toughbook Display Systems, 09-10-27, November 18, 2009.docx ADMINISTRATIVE REPORT Inconference $186,007.09 Walnut Creek, CA Ederick Associates, Inc $186,117.83 Alexandria, VA Multiwave $186,637.00 Walnut, CA Williams USA $192,114.45 Windsor, CA Staff finds the low bid to be acceptable and recommends award of the bid to EnPointe Technologies, Incorporated in the amount of $175,384.41. Purchasing Division S:\PURCH\ADMIN\Admin 09-10\Panasonic Toughbook Display Systems, 09-10-27, November 18, 2009.docx 9 ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Purchase of Live Burn Trailer Simulator 1. Accept Federal Grant for $275,680 from US Department of Homeland Security for purchase of a Trailer Simulator. 2. Accept bid from Fireblast 451, Inc. in the amount of $346,400 for the purchase of a Fireflash II mobile live fire training system. 3. Appropriate $275,680 Federal Grant Revenue and $70,720 Capital Outlay Fund to the Fire Department Capital Outlay Budget within the Capital Outlay Fund for the purchase of the Live Burn Trailer Simulator. RECOMMENDATION: Staff recommends acceptance of the Grant, appropriation of the funds and authorization of the purchase of the Live Burn Trailer Simulator from Fireblast 451, Inc. BACKGROUND: Invitations to bid were sent to over two hundred (200) bidders for providing live burn trailer simulators. Two (2) bids were received in response to the solicitation as follows. The Bakersfield Fire Department has been approved for Assistance to Firefighters Grant (AFG) funding from the US Department of Homeland Security. The approved project is a Live Burn Simulator, $344,600, of which the Federal share is $275,680 and the City share is $68,920. The Fireblast bid is $346,400, which is $1,800 more than the grant, therefore, the total City share will be $70,720. Upon City staff review, it was determined the lowest bid from Pro-Saf6 Fire Training Systems, Inc. did not meet acceptable minimum specifications in several pertinent areas. The Pro-Safe model bid does not provide flame control at three (3) heights which provides fire behavior realism; Pro-Safe cannot provide five (5) completed projects within a 250 mile radius for inspection by City staff to insure quality and accuracy of production; Pro-Safe does not offer the required drawings or schematics of the proposed unit prior to bid award; Pro-Safe does not include a pitched roof with chop hatch and OSHA compliant railings to provide safe, realistic ventilation practice during live fire simulation; and Pro-Safe does not offer a second story room thereby limiting the realistic basement prop simulation as well as other specification Purchasing Division SAPURCMADMINWdmin 09-1 Mobile Live Fire Training System, 09-10-20, November 18, 2009.docx November 5, 2009, 2:18PM ADMINISTRATIVE REPORT requirements. The Fireblast 451, Inc. bid based on the Fireflash II model meets or exceeds minimum specifications and is considered acceptable by staff. BIDDER Mobile Live Fire Training System Pro-Safe Fire Training Systems, Inc. $345,317.50 Parry Sound, ON, Canada Fireblast 451, Inc. $346,400.00 l Riverside, CA Purchasing Division S:\PURCHWDMIN\Admin 09-1 Mobile Live Fire Training System, 09-10-20, November 18, 2009.docx November 5, 2009, 2:18PM A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 2, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Accept base bid and additive alternates 1 and 2 and award contract to Garcia Roofing, Incorporated ($91,553) for the Roof Replacement at 1700 E Planz Road, Wastewater Treatment Plant #2. (Ward 1) RECOMMENDATION: Staff recommends acceptance of bid and award of contract to Garcia Roofing, Incorporated for the roof replacement at 1700 E Planz Road, Wastewater Treatment Plant #2. BACKGROUND: Invitations to bid were sent to over four hundred (400) bidders for roof replacement at 1700 E Planz Road, Wastewater Treatment Plant #2. The base bid includes 3,200 Sq. Ft. of roofing for the Mechanic's Workstation, Control Room, Reception, Lunch Room, Locker Room, Laboratory, Offices, and Primary Digester Gallery areas. Additive Alternate # 1 includes an additional 800 Sq. Ft. of roof section above the Sludge Heating Room. Additive Alternate #2 is an additional warranty maintenance service agreement providing inspection and repairs necessary to guarantee coverage against any leaks for a fifteen (15) year coverage period. Four (4) bids were received in response to the solicitation as follows: Garcia Roofing, Inc in the amount of Base Bid $ 69,200 Bakersfield, CA Additive Alternate # 1 10,600 Additive Alternate #2 11,753 Total Bid $ 91,553 Graham Prewett, Inc in the amount of Base Bid $ 85,000 Fresno, CA Additive Alternate # 1 23,500 Additive Alternate #2 13.000 Total Bid $121,500 Best Contracting Services, Inc in the amount of Base Bid $ 99,860 Gardena, CA Additive Alternate # 1 24,600 Additive Alternate #2 14,700 Total Bid $139,160 Purchasing Division SAPURMADMIMAdmin 09-10\Roof Replacement 1700 E Planz Rd WWTP#2, 09-10-23, November 18, 2009.docx ADMINISTRATIVE REPORT Fresno Roofing Co., Inc in the amount of Base Bid $119,698 Visalia, CA Additive Alternate # 1 41,162 Additive Alternate #2 no bid Total Bid $160,860 Funds are budgeted in the 2009-2010 fiscal year for this project. Staff recommends award of the Base Bid and Additive Alternates #1 and #2 in the amount of $91,553 to allow the necessary roof replacement and additional warranty for the roof replacement of Wastewater Treatment Plant #2 at 1700 E Planz Road. Purchasing Division S:\PURCHWDMINWdmin 09-10\Roof Replacement 1700 E Planz Rd WWTP#2, 09-10-23, November 18, 2009.docx A O van, S U d ADMINISTRATIVE REPORT ~ti+te i.® TO MEETING DATE November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council APPROVED FROM: Flom Core, Water Resources Manager DEPARTMENT HEAD ~ G DATE: October 30, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Kern County Construction, Inc. in the amount of $468,539.00 for domestic water well block pumphouse, CBK-52 located at 9701 Grey Goose Street, in the vicinity of Old River Road and Harris Road. (Ward 5) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project will bring a new domestic water well into operational status adding needed capacity and pressure to the City of Bakersfiield's water system. The project will include construction of a concrete block pumphouse, installation of a deepwell turbine pump with motor, panel board, and miscellaneous piping and appurtenances for Ashe Water Well CBK-52. Six acceptable bids were received on October 30, 2009 for this project, as follows: Kern County Construction, Inc. 309 Yampa St Bakersfield, CA 93307 in the amount of: $ 468,539.00 Nicholas Construction, Inc. 251 Carsen Way Shafter, CA 93263 in the amount of $ 482,800.00 Brown and Fowler. 3008 Antonio Avenue Bakersfield CA 93308 in the amount of: $ 498,000.00 W. M. Lyles Company P.O. Box 1477 Fresno CA 93744 (Out of County) in the amount of: $ 569,670.00 HIPS Mechanical, Inc. 3100 East Belle Terrace Bakersfield CA 93307 in the amount of: $ 570,060.00 Elkins Industrial Corp. 356 West F Street Oakdale, CA 95361 (Out of County) in the amount of: $ 623,975.00 A , ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: g, h h. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD- - DATE: November 4, 2009 CITY ATTORNEY J~--~ CITY MANAGER SUBJECT: Kroll Park - Dog Park 1. Appropriate $580 contribution to the Recreation and Parks Department Operating Budget within the General Fund for the purchase and installation of a dog gate at the North end of Kroll Park. (Ward 5) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: A $580 donation was received by the Bakersfield Foundation from Marc Thurston to cover the cost of the new entry gate at the North end of Kroll Park. The funds need to be appropriated from the Bakersfield Foundation to the Recreation and Parks Department Operating Budget to expend the funds needed for the project. The dog park located within Kroll Park has been enhanced with additional features to accommodate the park's usage and accessibility by dog lovers and their dogs. Marc Thurston, a user of the dog park, has donated $580 to the Bakersfield Foundation for the purchase and installation of an entry gate at the North end of the park. The Recreation and Parks Department will purchase and install the entry gate with these funds. jin November 5, 2009, 3:03PM C:\DOCUME-1\sforsyth\LOCALS-1\Temp\XPgrpwise\Kroll - Dog Park.doc A ~ f ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD DATE: November 4, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: McKee/Hosking Wall Landscaping Project 1. Appropriate $17,840 of local contributions to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund for landscape improvements along Highway 99 between Hosking Road and McKee Road. (Ward 7) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Donations were received by the Bakersfield Foundation from Tejon Ranch ($5,000), PG&E ($5,000), and Walmart ($7,839.87) to fund landscape improvements along Highway 99 between McKee Road to Hosking Road. The funds need to be appropriated from the Bakersfield Foundation to the Recreation and Parks Department Capital Improvement Budget to expend the funds needed for the project. The graffiti that was once located alongside the wall on Highway 99 between Hosking Road and McKee Road has been removed. To complete the restoration and beautification of the area, landscaping needs to be installed. However, the City cannot provide the necessary funding to finance this project. Consequently, Keep Bakersfield Beautiful (KBB) has been proactive in seeking donations to complete the project. The Bakersfield Foundation has received $17,839.87 in donations from various donors. This will provide the necessary funds to complete the landscaping. jln November 5, 2009, 3:04PM CADOCUME-1WorsythlLOCALS-11TemplXPgrpwiselMcKee-Hosking Wall.doc A u0,14 S ADMINISTRATIVE REPORT 10 MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: g ` TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 26, 2009 CITY ATTORNEY CITY MANAGER_ SUBJECT: Accept and Appropriate $2,000 of Donations to the Public Works Department's Operating Budget within the General Fund for the Westside Parkway Phase II Groundbreaking Ceremony (Wards 2 and 4). RECOMMENDATION: Staff recommends acceptance of donations and approval of appropriation. BACKGROUND: The City has received donations totaling $2,000 from various businesses to defray costs associated with the Westside Parkway Phase II Groundbreaking ceremony. The City received donations in the amount of $500 from Security Paving, $500 from Nolte, and $1,000 from AECOM for the groundbreaking ceremony. Staff recommends acceptance and appropriation of these funds. 10/26/2009 3:00:13 PM GAGR0UPDATWDMINRPT\2009111-18Wpprop of Funds.doc A .4 ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 28, 2009 CITY ATTORNEY 641- CITY MANAGER SUBJECT: Appropriate $80,000 Equipment Management Fund balance to the Public Works Department's Operating Budget to replace four street equipment items because of California Air Resources Board regulations. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The California Air Resources Board (CARB) has notified fleet staff that they will no longer renew permits for portable equipment powered by "Tier 0" engines. "Tier 0" engines are older engines dated pre-1995. In addition, the City must dispose of "Tier 0" equipment by December 31, 2009. Only four portable equipment items are classified "Tier 0", all of which is assigned to the Streets Division. The four items include one water pump and three air compressors. There are two available options. One option is to repower the machines at a cost of $9,000 to $10,000 per unit. The downside is the required investment of approximately $40,000 for all four items that are about 14 years old. The second option is to purchase all new equipment. The estimated cost will be $80,000 to replace all four items. Staff recommends replacing all four units with new certified equipment and dispose of the old units prior to December 31, 2009. In order to proceed with this option, an appropriation of $80,000 is needed. 10/28/2009 10:40:15 AM G:\GR0UPDA7ADMINRPT\2009\11-18\Approp of Funds - Fleet.doc A O~ S ADMINISTRATIVE REPORT c Lw.Y MEETING DATE: November 18, 2009 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: November 9, 2009 CITY ATTORNEY CITY MANAGER 4S SUBJECT: Public hearing on Resolution of Necessity ("RON") to determine whether the public interest and necessity require acquisition by eminent domain property located east of Mohawk Road between the Cross Valley Canal and Truxtun Avenue and a lot south of Truxtun Avenue, portions of the S 1/2 Sec. 27, T29S/R27E MDB&M involving APNs 332-280-27, -30, -31, -32 (Wanamaker, et al., owners), for the Westside Parkway project. (Code Civ. Proc. § 1240.010) (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing BN&SF Railroad bridge and ending near SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the parkway. The Project will also include the construction of interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the BN&SF Railroad. Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways, the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental Impact Report ("Tier 1 EIS/EIR"), which the City Council approved on June 12, 2002. Additional information about the Project is contained in the draft Tier 2 Environmental Assessment/Draft Environmental Impact Report for the Westside Parkway Project ("Tier 2 EIS/EIR"), which has been approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works. Both the Tier 1 EIS/EIR and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads Improvement Program, 900 Truxtun Avenue, Suite 200. November 9, 2009, 10:38AM S:\000NCUAdmins\09-10 Admins\RONW anamakeriV.docx ADMINISTRATIVE REPORT The subject property to be acquired is located on APNs 332-280-27, -30, -31, -32. The subject property to be acquired by eminent domain is necessary for the construction of the Westside Parkway Project. The subject property to be acquired consists of approximately 29.788 acres as depicted on the attachments to the RON. Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the subject property. A proposed Resolution of Necessity is attached to this report and includes legal descriptions and plat maps of the property to be acquired. All statutory findings have been made and are set forth in the RON. November 9, 2009, 10:38AM S:\000NCILWdmins\09-10 Admins\R0NWanamaker1V.docx 4 ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Reports ITEM: J3, u. TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: November 4, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Status Report Regarding Updating the Metropolitan Bakersfield General Plan RECOMMENDATION: No action necessary. BACKGROUND: The purpose of this report is to update the City Council on the recent workshop held by the Kern County Board of Supervisors and the continuing work by both City and County staff, PMC (the General Plan consultant), and the technical consultants on the Metropolitan Bakersfield General Plan update (GPU). On October 26, 2009, the Kern County Board of Supervisors held a public study session on the GPU. County Planning staff briefed the Board on the status of the update, and provided them with information that was presented at the joint Planning Commission hearing in April. This included maps showing various growth areas identified by City/County staff, issues concerning compliance with climate change legislation, infill concepts, and information about traffic levels of service (LOS). In response to public comment, the Board asked staff to create a task force that could be used to help focus on speck issues related to defining the growth areas and promoting infill. County Planning staff will be reporting back to the Board on December 18t with a recommendation on the establishment and function of this task force, and since the update is a joint jurisdictional effort, how the City would be involved. Because the update is well underway, concerns of creating a task force include how much this may delay the process, will there be additional unanticipated or unbudgeted costs, the affect on the existing public process that has already occurred, and the Planning Commissions' role. Until more is known, City staff will continue to monitor this issue and keep the Council apprised of the Board's actions. Throughout the GPU process, extensive public involvement has occurred through community meetings, including two joint City/County Planning Commission meetings. As the process moves forward, the respective Planning Commissions will have public hearings on the draft plan and environmental documents. Equal opportunity has been provided for both individuals and special interest groups for public input. Additionally, the city created a public web site that enables review and download of all the materials presented at the public meetings, and allows comments to be made through the GPU web site (htto://www.bakersfieldcity.us/mbgo/index.html). ADMINISTRATIVE REPORT Page 2 PUBLIC MEETING SUMMARY May 2007, Public Outreach Meeting (First Series) - The City and County in conjunction with Kern COG and Vision 2020 held four public workshops. These meetings were held in the northeast, northwest, southeast and southwest areas of the metro area. Using facilitators from Vision 2020, community strengths, weaknesses and prioritization of issues was developed July 2007, Vision 2020 conducted a "Web Survey" and a public telephone survey commissioned by KernCOG. January 2008 - Town Hall Meetings for the regional "Blueprint" planning process held by Kern COG. February 2008, Public Outreach Meetings (Second Series) - Three additional public outreach meetings were held in association with KemCOG. In June 2009, staff held a public workshop with the Greater Bakersfield Chamber of Commerce. The City and County Planning Commissions have met twice in joint sessions, first in April 2007 to kick off the update process and again in April 2009 to receive the Public Outreach Issues Report and the Existing Conditions, Constraints, and Opportunities Report. Staff also introduced growth concept maps. COMPLETED REPORTS Public Outreach Issues Report This report summarizes the results of the public outreach efforts for both the General Plan Update and the KernCOG Blueprint project. It contains information gathered from the four public workshops, the Vision 2020 web site, statistically valid telephone survey conducted by a consultant retained by KernCOG, and individual emails and comments received by staff. Existing Conditions, Opportunities and Constraints Report This report identifies the existing issues relating to land use, circulation, water availability, transportation, noise, and funding sources for public services. It provides the basis for changes to the policies and implementation measures in the plan. NEXT STEPS Staff is completing service capacity analysis papers for traffic, sewer and water that will look at capacity and resource availability issues under the existing General Plan land uses. The results of these analyses will be used to support the land use policies for the GPU. Staff is nearing completion of the proposed changes to existing policies and implementation measures in the General Plan. Completion of an administrative draft is anticipated in spring 2010. Public workshops will be held before the two Planning Commissions (includes possible joint meeting). Subsequent preparation of an environmental impact report and a climate action plan to address new greenhouse gas and air quality legislation will occur. Additional public hearings will be held before the Planning Commissions with recommendations to the City Council and Board of Supervisors. A ADMINISTRATIVE REPORT MEETING DATE: November 18, 2009 AGENDA SECTION: Reports ITEM: 13, 1), TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: November 12, 2009 CITY ATTORNEY y~ CITY MANAGER SUBJECT: City Council Goals Update RECOMMENDATION: Staff recommends that Council review the attached Goals. Council Goals will be brought back at a later date for consideration. BACKGROUND: Attached is an updated version of City Council Goals originally adopted by the City Council in November of 2007 including the targeted actions which support the completion of the goals and the target dates (shown in bold) where applicable. The goals have been updated to remove those items which have been completed or were no longer relevant, provide new information where goals or targets have changed, and added new goals as needed. Changes are noted (with shading) and reasons for the change shown in the right margin of the goals document. The modified goals have been reviewed and discussed with the Department Heads, who have contributed to the update and changes. There are four documents included with this administrative report. The first is a summary which shows just the major goals. The second includes the updated goals with the Target Actions and Guiding Principles. The third is a copy of the Goals Highlight Summary for October 2009 which details accomplishments and progress made towards Council Goals that were adopted in 2007. The fourth is a copy of the goals that were adopted in 2007. Council goals provide policy guidance to staff for budgetary and program implementation. The Council may choose to further update these goals or make additional modifications as desired. November 12, 2009, 8:43AM S:Wdmin RptM20091Counell goals admin 11-18-09.doc JWS:al Q~ Co Oq~T~'CS BAKERSFIELD CITY COUNCIL MINUTES Or" MEETING OF NOVEMBER 4, 2009 c~LIF 0 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, Hanson, Sullivan Absent: None a. Introduction of Student Body Representatives participating in the 55'" consecutive Teen Government Day. Austin Davis, Liberty High School (absent); Brian Austin, Centennial High School; Gilbert Martinez, South High School; Diego Osnaya, Stockdale High School (absent); Olivia McGee, West High School; Lauren Richardson, Frontier High School; Conner Huser, Bakersfield High School; Bethany Barber, Bakersfield Christian High School; Andrew Whittington, Garces Memorial High School (absent); Hillary Orton, North High School (absent); Bronwyn Newman, Highland High School; Omar Gonzales, Foothill High School; and Gabrielle Awuma, Ridgeview High School. Mayor Hall expressed his appreciation to the department and division heads who assisted the 62 students during the shadowing process that took place this morning. 2. INVOCATION by Reverend James Lair, First Assembly of God Church. 3. PLEDGE OF ALLEGIANCE by Daniel Garcia, Bakersfield Association of Retarded Citizens. Bakersfield, California, November 4, 2009 - Page 2 Mayor Hall recognized the students in attendance at ACTION TAKEN the meeting to learn about City Government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Forest Haygood, Home Senior Care, declaring November 2009, Be a Santa to a Senior Month. Mr. Haygood, representing the Certified Senior Advisor Group, accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Estella Vega declaring November 7, 2009, Out of the Darkness Day in Bakersfield. Mayor Hall gave an overview of the purpose of the Proclamation. 5. PUBLIC STATEMENTS None. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 7, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR September 25, 2009 to October 22, 2009 in the amount of $26,860,015.95 and self- insurance payments from September 25, 2009 to October 22, 2009 in the amount of $508,817.20. Bakersfield, California, November 4, 2009 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. Adoption of the following Ordinances (FR 10/07/09): 1. Amending Section 8.32.060 relating to ORD 4595 refuse/solid waste/recycling. 2. Amending Section 12.16.140 relating to ORD 4596 security requirements for construction in streets. 3. Amending Section 12.56.050 relating to ORD 4597 prohibited acts in parks. 4. Amending Sections 16.16.060 & 16.20.060 ORD 4598 relating to public hearing notice. 5. Amending Section 16.16.080 relating to ORD 4599 extension of Tentative Map approval. 6. Amending Section 16.28.170 and adding ORD 4600 Section 17.04.395 relating to flag lots. 7. Amending Section 17.04.595 relating to ORD 4601 street frontage. 8. Amending Sections 17.06.010, 17.06.020 ORD 4602 & 17.06.050 relating to zoning maps. 9. Amending Section 17.08.140 relating to ORD 4603 design standards for large retail developments. ORD 4604 10. Amending Sections 17.30.020 & 17.30.030 relating to uses permitted in manufacturing zones. ORD 4605 11. Amending Section 17.60.060 & 17.60.070 relating to sign development standards and electronic message displays. 12. Amending Section 17.61.030 relating to ORD 4606 minimum landscape standards. Bakersfield, California, November 4, 2009 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution setting the dates of Regular City RES 115-09 Council Meetings, Budget Hearings and Department Presentations for January through December 2010. e. Resolutions adding territory to the Consolidated Maintenance District, confirming the assessments, approving the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector for the following: 1. Area 4-94 (3300 N. Sillect Avenue) RES 116-09 2. Area 5-58 (2410 S. O Street) RES 117-09 f. Automated staff scheduling system: 1. Resolution determining that Telestaff RES 118-09 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor and purchase Telestaff from Principal Decision Systems International, not to exceed $100,000. 2. Agreement with Principal Decision AGR 09-140 Systems International (not to exceed $100,000) for the purchase, installation and training of Telestaff automated staff scheduling system for the Police Department. g. Resolution confirming approval by the Assistant RES 120-09 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 weed, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. h. Resolution appointing the City's representative RES 121-09 to the Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group. Bakersfield, California, November 4, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN i. Resolution of Application proposing annexation RES 122-09 of uninhabited territory to the City identified as Annexation No. 614 consisting of 34.64 acres located at the northeast corner of Rosedale Highway and Jenkins Road. j. Resolution of Application proposing annexation RES 123-09 of uninhabited territory to the City identified as Annexation No. 611 consisting of 6.72 acres located west of Allen Road on the north side of Rosedale Highway. RES 170-94(1) k. Amendment No. 1 to Resolution No. 170-94 approving the retention schedule to destroy certain obsolete city records, documents, instructions, books and papers pursuant to Section 34090 et seq. of the Government Code - City Clerk's Office. 1. Revised job specifications and change to salary schedule: 1. Revised job specifications for Administrative Analyst III, Assistant City Manager, City Attorney, City Clerk, City Manager, Development Services Director, Director of Information Technology, Director of Recreation and Parks, Economic Development Director, Finance Director, Fire Chief, Management Assistant, Public Works Director, Risk Manager and Water Resources Manager. 2. Amendment No. 4 to Resolution RES 136-08(4) No. 136-08 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Administrative Analyst III. Bakersfield, California, November 4, 2009 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Request for additional Public Transit Funds for the Bakersfield Amtrak Station: 1. Amendment No. 1 to Resolution RES 061-09(1) No. 061-09 authorizing the filing of an amended application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2009-10 ($30,000; revised Public Transit Claim of $246,643) to be utilized to re-roof a portion of the Bakersfield Amtrak Station. 2. Appropriate $30,000 Public Transit Funds to the Public Works Department Operating Budget within the Amtrak Operating Fund to re-roof a portion of the Bakersfield Amtrak Station. n. Resolution of Intention No. 1644 to order the R011644 vacation of the remaining dedication of Comanche Drive (old alignment), south of State Highway 178. o. Resolution of Intention No. 1647 to order the R011647 vacation of the west 112-foot portion of alley right of way easement located east of H Street between 8th and 10th Streets. P. Resolution of Intention No. 1648 to order the 8011648 vacation of Beale Avenue (old alignment) from the north right of way of E. Truxtun Avenue to the north right of way of the BNSF Railroad. q. Resolution of Intention No. 1649 to order the 8011649 vacation of that portion of right of way of E. 21 st Street and Gage Street to 10 ft. north and 10 ft. south of the centerline of the existing tracks of the BNSF Railroad. Agreements: r. License Agreement with ExxonMobil Oil Corp. AGR 09-134 ($6,500) to continue operating its 6-inch pipeline and appurtenances along Pacheco Road between Wible Road and S. Union Avenue for 20 years. Bakersfield, California, November 4, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN S. Agreement with Bakersfield Rescue Mission AGR 09-135 ($62,000 of Emergency Shelter Grant funds) to support the operating costs for facility located at 816 E. 21 st Street. t. Agreement with Bakersfield Community House AGR 09-136 y ABS CARSON ($156,000 of Community Development Block Grant funds) to rehabilitate existing roof, roof support pillars and air conditioning unit at 2020 R Street. U. Agreement with Housing Authority of the AGR 09-137 County of Kern ($3,690,000 of Neighborhood Stabilization Program funds) for the purchase and rehabilitation of a senior housing complex at 2221 S. Real Road to benefit households earning less than or equal to 120% of the area median income. V, Westside Parkway Project Phase II (TRIP) 1. Agreement with North Kern Water AGR 09-138 Storage District ($641,944.53) to reimburse costs for the construction of the Calloway Canal - Cross Valley Canal Intertie Facility to be installed during the construction of the project. 2. Amendment No. 1 to Agreement AGR 09-058(1) No. 09-058 with Nolte Associates, Inc. ($53,514.53; revised not to exceed $6,086,760.95) for construction management services for the project. 3. Contract Change Order No. 1 to AGR 09-076 Agreement No. 09-076 with Security CCO 1 Paving Co. ($588,430; revised not to exceed $77,160,875.07) for the project. W. Preparation of Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-2247 (Saco Ranch Project) generally located at the southeast and southwest corners of Coffee Road and Seventh Standard Road. Bakersfield, California, November 4, 2009 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.w, continued 1. Amendment No. 1 to Agreement AGR 07-221(1) No. 07-221 with RBF Consulting ($58,960; revised not to exceed $252,530) for preparation of EIR. 2. Appropriate $58,960 (developer's contribution) to the Development Services operating budget in the General Fund for the EIR consultant. X. Amendment No. 1 to Agreement No. 09-007 AGR 09-007(1) with Ruettgers and Schuler Civil Engineers ($4,500; revised not to exceed $76,234.45) for engineering services for the Auburn Street Realignment Project. (TRIP) Y. Amendment No. 1 to Agreement No. 08-179 AGR 08-179(1) with Sungard Public Sector, Inc. ($143,724.62) for service support of licensed software. Z. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Contract Change Order No. 9 to AGR 07-302 Agreement No. 07-302 with Kiewit Pacific 0009 Corp. ($350,818; revised not to exceed $217,705,310) for project. 2. Transfer $350,818 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department Capital Improvement Plan. Bids: aa. Reject bids for replacement hangar doors at the Bakersfield Municipal Airport. bb. Reject all bids for midsize pickups for Fleet Services Division. CC. Reject all bids for the storm drain improvements ASS WEIR within existing Tract 5084 generally located in the vicinity of Stockdale Highway at Jenkins Road. Bakersfield, California, November 4, 2009 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN dd. Accept bids from Jim Burke Ford ($89,119.89) for one replacement regular cab 1/2 ton pickup and three replacement extended cab 1/2 ton pickups for Water Resources and Police Department. ee. Accept bid from Jim Burke Ford ($59,722.18) for one replacement 1-1 /2 ton truck with service body for Water Resources. ff. Accept bid from Trinity Trailer Manufacturing, Inc. ($119,661.03) for two additional sludge trailers for Wastewater Division. gg. Accept bid and award contract to Valley Tree AGR 09-139 & Construction ($44,800) for demolition of improvements at 525 18th Street. Miscellaneous: hh. Department of Housing & Urban Development (HUD), Community Development Block Grant and HOME Investment Partnership Action Plan Amendment No. 2 (FY 09/10) and Amendment No. 7 (FY 08/09). ii. Department of Housing & Urban Development (HUD), Community Development Block Grant, Neighborhood Stabilization Program Action Plan Amendment No. 8 (FY 08/09) to cancel three program activities, provide assistance for the acquisition of a senior housing complex at 2221 S. Real Road and increase funding to the down payment assistance program. jj. Appropriate $1,800,000 Department of Housing ABS HANSON & Urban Development (HUD) Section 108 Loan funds to the Economic Development Operating Budget within the Community Development Block Grant Fund to provide furniture, fixtures and equipment for the Padre Hotel located at 1702 18th Street. Bakersfield, California, November 4, 2009 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN kk. Appropriate $315,709 Federal ARRA Grant [BJA FY09 Recovery Act Edward Byrne Memorial Competitive Grant Program: Hiring Civilian Law Enforcement (support personnel)] revenues to the Police Operating Budget, within the ARRA Grant Fund to hire one Community Relations Specialist and one Crime Analyst over two years. (ARRA) Il. Appropriate $200,000 Federal Grant Revenue to the Water Resources Capital Improvement Budget within the Agricultural Water Fund to complete a hydraulic analysis of the Kern River Channel to certify the levees. mm. Accept a $5,000 grant donation from Target and appropriate the $5,000 donation to the Police Department operating budget in the General Fund for crime prevention. nn. Grant of Easement to Pacific Gas and Electric DEED 7228 Co. to relocate an existing pole at 525 18th Street for the clearance of a walkway path. City Clerk McCarthy announced a correction to item 8.w.1., which should read: "Agreement No. 07-221..." Councilmember Carson announced she would abstain due to potential conflict of interest, board member, on item 8t. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on items 8.b. and on item 8.cc. Councilmember Hanson announced he would abstain due to conflict of interest, possible source of income to employer, on item 8.jj. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar Items 8.a. through 8.nn., with correction to item 8.w.1. Bakersfield, California, November 4, 2009 - Page 11 9. CONSENT CALENDAR HEARINGS ACTION TAKEN a. General Plan Amendment/Zone Change No. 06-1681; Porter Robertson Engineering, representing A & E Union, Inc. (property owners) has applied for a general plan amendment and zone change on 180 acres located south of Highway 178 and east of Miramonte Drive. 1. Resolution approving the Notice of RES 124-09 Exemption and adopting the general plan amendment changing the land use designation from LMR (Low Medium Density Residential) and LR (Low Density Residential) to OS (Open Space) on 180 acres. 2. First Reading of Ordinance approving FR the Notice of Exemption and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) to OS (Open Space) on 180 acres. b. General Plan Amendment/Zone Change No. 09-0604; Summit Engineering, representing M & S Land Co. (property owners) has applied for a general plan amendment and zone change to modify conditions of GPA/ZC No. 05-0844 on 140 acres located at the southeast corner of Seventh Standard Road and planned Allen Road alignment. 1. Resolution adopting the general plan RES 125-09 amendment to modify conditions for GPA/ZC No. 05-0844. 2. First Reading of Ordinance approving FR the amendments to Title 17 of the Municipal Code by modifying conditions for GPA/ZC No. 05-0844. City Clerk McCarthy announced correspondence was received from Nancy Nusbaum in support of approval of Consent Calendar item 9.a. Bakersfield, California, November 4, 2009 - Page 12 9. CONSENT CALENDAR HEARINGS continued ACTION TAKEN Consent Calendar Hearings opened at 5:44 p.m. No one spoke. Consent Calendar Hearings closed at 5:44 p.m. Motion by Vice-Mayor Scrivner to adopt APPROVED Consent Calendar Hearing Items 9.a. and 9.b., adopting the Resolutions and giving First Reading to the Ordinances. Recess taken from 5:45 p.m. to 5:50 p.m. 10. HEARINGS None. 11. REPORTS a. Isabella Dam Failure Evacuation Plan. Fire Chief Froze introduced Deputy Chief Hartley, who gave a computer presentation and introduced Robert Olson, Olson & Associates; Captain Greg Williamson, Bakersfield Police Department; and Georgina Armstrong, Kern County Office of Emergency Services. Ms. Armstrong gave a computer presentation. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councllmember Benham asked staff to respond to a constituent Inquiry regarding signage on Highway 58 near Brundage Lane and H Street. Councilmember Hanson asked if there was an ordinance regarding panhandling, and City Attorney Gennaro responded that there is not one at this time. Bakersfield, California, November 4, 2009 - Page 13 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Hanson referred to Budget & Finance Committee the issue of the financial responsibility and issues of unlicensed contractors doing work on swimming pools. Councilmember Couch requested an update on the Habitat Conservation Plan and the status of the 2010 Bakersfield Metropolitan General Plan update; and City Manager Tandy responded that an update will be on the next City Council Agenda. Councilmember Sullivan reminded everyone that street corner flower vendors are illegal, and encouraged people to buy their flowers from legitimate businesses. Councilmember Sullivan requested a status report on the pilot program regarding overpopulation of pets, and N there is a possibility of partnering with the County on a Spay/Neuter program. Councilmember Sullivan stated she feels it is unreasonable to not be able to burn wood in fireplaces during the holidays. 15. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Land Lot 1, LLC v. City - KCSC Case No. S-1500-CV-263357-WDP. Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED Session at 6:26 p.m. Motion by Councilmember Couch to adjourn from APPROVED Closed Session at 8:07 p.m. RECONVENED MEETING - 8:08 p.m. Bakersfield, California, November 4, 2009 - Page 14 16. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Labor Negotiator pursuant to STAFF GIVEN Government Code Section 54957.6. DIRECTION b. Conference with Legal Counsel - Existing ACT REPORTABLE ION Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Land Lot 1, LLC v. City - KCSC Case No. S- 1 500-CV-263357-W DP. 17. ADJOURNMENT Vice-Mayor Scrivner adjourned the meeting at 8:08 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield i AGENDA HIGHLIGHTS November 18, 2009 COUNCIL MEETING r REGULAR MEETING - 5:15 p.m. CONSENT CALENDAR Ordinances Item 8c. First Readina of Various Ordinances. This Item Includes several minor changes to the Municipal Code, which generally are sought to make a section read better, correct a typographical error or to reflect current practice. Aareements Item 81. Relocation of Beardsley Pipeline and Headgate Along 7th Standard Road. As part of the County of Kern's 7th Standard Road widening project, the County will be relocating a City 24" lateral water pipeline and headgate just west of Coffee Road. Due to growth in this area, future demand will require a 42" pipeline and a corresponding headgate. This agreement will allow the City to reimburse the County of Kern for the additional cost associated with upsizing this pipeline when it Is relocated (not to exceed $206,565). The Joint Use Agreement will allow the City to operate and maintain the new waterline and the County to operate and maintain the new alignment of 7th Standard Road. Item 8o. Agreement with McKool Smith P C to Provide Leaai Services Related to Transient Occupancy Taxes on a Contingency Fee Basis. Online travel companies customarily purchase blocks of hotel rooms at wholesale prices and then sell these rooms to their customers online at retail prices. It Is believed that these companies collect transient occupancy taxes from their customers based on the retail price of the room, but only remit the tax to the City based on the wholesale price, keeping the difference. This agreement will allow McKool Smith, P.C. to assist the City in an audit of this Issue, and if necessary pursue a lawsuit to recover any damages. Item 8p. Agreement with Community Action Partnership of Kern for Construction Assistance and Predevelopment Related Costs for the Friendship House Community Center located at 2424 Cottonwood Road. This agreement will provide $247,342 in Community Development Block Grant Funds (CDBG) to assist with the costs associated with the reconstruction of the Friendship House Community Center. This assistance will Include such activities as engineering design, permits for the construction of the youth center and for Improvements to the outdoor sports complex. Some of this funding may also be used to assist in cash flow for the project as construction begins and Community Action Partnership of Kern secures confirmation of just over $3 million in Proposition 40 grant funds for this project. Originally these funds were Intended for construction of soccer fields only, the use is now being expanded. Item 8t. Amendment to an Aareement with Parsons Transl2ortation Group Inc. ($714,000; revised not to exceed $43,855,767) for Construction Management Services for the Freeway Interchange Construction on State Route 178 at Fairfax Road. The time needed to complete this project has been extended from Its original schedule due to several Issues. The project is now essentially complete except for two ramp design related Issues, which the City is working to remedy, and "punch list" Items. This amendment will provide the needed funding for Parsons to continue to provide Construction Management services through the completion of the project. t Item 8u. Amendment to an Aareement with the Bakersfield Redevelopment Agency for the Commitment of $2,046,619 HOME Investment Partnership Funds Earmarked for Affordable Housing In the Baker Street Mixed Use Prolect. This agreement will provide the mechanism for the Redevelopment Agency to assume oversight and responsibility for the use of just over $2 million in HOME funds for the Baker Street project. This type of structure is required In order to comply with HUD mandated regulations In relationship to the administration of the project. Item 8v. Wastewater Treatment Plant No. 3 - 2007 Expansion Prolect. This Item Includes an amendment to an agreement with Jacobs Civil Incorporated to Increase their compensation by $700,000; for a revised total contract amount of $7,700,000. This Increase is in large part due to the extensive amount of material testing that has been necessary for this project. There is approximately six (6) months left of construction and this amendment will provide the funds necessary for the additional testing that will be required during this period of time. $500,000 was included in the FY 2009-10 budget in anticipation of this amendment and an additional $200,000 is being transferred from the contingency set up for this project. Item 82. Accept Proposal and Award Contract to Dave Bang Associates Inc to Purchase Park Playground Equipment and Rubberized Surfacing for Several Parks in the amount of $508,500. This purchase will upgrade Amberton, Beach, Campus South, Corvallis and Kroll Parks with playground equipment and rubberized surfacing. Five (5) acceptable proposals were received In response to the Request for Proposals (RFP) that was sent out for this effort. Based on the evaluation of specific criteria listed in the RFP, Dave Bang Associates, Inc. was selected for this contract. Funding for this project is provided through Park Improvement Funds. Item 8aa. Waterline Extension to Wastewater Treatment Plant No. 3 from Ashe Road to Taft Highway. In preparing to widen the west half of Ashe Road, from Taft Highway to McCutchen Road, the City is extending a 16" waterline on Ashe Road. This extension will serve the development of the Bakersfield Sports Village. Nine (9) bids were received for this project, with Kern Pacific Construction being the lowest. This item includes awarding a contract to Kern Pacific Construction in the amount of $203,063 and the necessary transfer of budgeted funds to accommodate the project. Item 8cc. Accept Bid and Award Contract to Loop Electric Inc for Installation of Traffic Sianai Interconnect - Part 7 in the amount of $449,932.50. This new interconnect project will allow traffic signal timing along portions of Brimhail Road, Calloway Drive, Coffee Road, Ming Avenue and Wible Road to be optimized to Improve traffic flow and Improve air quality by reducing vehicle pollutants. Nine (9) bids were received with Loop Electric, Inc being the lowest. This project Is primarily funded with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. Item Bee. Purchase of Uve Burn Trailer Simulator. The Bakersfield Fire Department has been approved for Assistance to Firefighters Grant (AFG) funding from the US Department of Homeland Security. The approved project is for the purchase of a Uve Burn Simulator. The total project cost is $346,400, with $275,680 coming from the AFG grant and $70,720 in local matching funds. Two (2) bids were received, however, the lowest bid did not meet minimum specifications and therefore the contract Is being awarded to Fireblast 451, Inc for the purchase of this training system. Agenda. Highlights - November 18, 2009 Council Meeting Page 2 Item Ogg. Accent Bid and Award Contract to Kern County Construction, Inc. for Domestic Water Well Block Pumphouse in the amount of $468,539. This project will bring a new domestic water well into operational status, adding needed capacity and pressure to the City's water system. Six (6) bids were received with Kern County Construction, Inc. being the lowest. HEARINGS There will be one hearing Item to determine the public necessity of acquiring property through the eminent domain process for the construction of the Westslde Parkway Project. The property to be acquired consists of a total of approximately 29.788 acres east of Mohawk Street between the Cross Valley Canal and Truxtun Avenue and a lot south of Truxtun Avenue. REPORTS Staff will be providing two separate reports for the Council. The first report will be a status report regarding the progress of updating the Metropolitan Bakersfield General Plan. The second report will provide the Council with an updated draft of the City Council Goals. This Is for Council review and comment prior to the Goals being brought back at a later date for consideration. Approved: cc, Department Heads Alan Tandy. City Manager CiCity Ma Clerkk''gFile File News Media File Agenda Highlights - November 18, 2009 Council Meeting Page 3