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HomeMy WebLinkAbout11/03/10_CC_AGENDA_PACKETd BAKERSFIELD CITY COUNCIL .•q', AGENDA MEETING OF NOVEMBER 3, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL a. Introduction of student body representatives participating in the 5611 consecutive Teen City Government Day. 2. INVOCATION by Pastor Josephate Jordan, Christ First Ministries. 3. PLEDGE OF ALLEGIANCE by Zachary Meier, 1 sr grade student at Old River Elementary School. 4. WORKSHOPS 5. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Chris Brewer commemorating the 200th birthday of Col. Thomas Baker, Bakersfield's Founder, b. Presentation by Mayor Hall of Proclamation to Daron Hobson declaring November 2010 as National Juvenile Diabetes Month. 6. PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 13, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from October 2, 2010 to October 21, 2010 in the amount of $24,744,638.62 and self-insurance payments from October 2, 2010 to October 21, 2010 In the amount of $313,219.46. Ordinances: C. First Reading of Ordinance amending Chapter 15.65 of the Municipal Code relating to the Fire Code. d. First Reading of the following Ordinances: 1. Amending Section 2.84.570 relating employee sick leave payment. 2. Amending Section 8.32.060 relating to solid waste billing. 3. Amending Section 12.16.150 relating to construction work in streets. 4. Amending Section 14.04.240 relating to water service connections. 5. Amending Sections 16.16.050 and 16.16.060 relating to tentative maps. 6. Amending Section 16.32.060 relating to tract map improvements. 7. Amending Section 17.71.020 relating to outdoor lighting. 8. CONSENT CALENDAR continued Resolutions: e. Resolution setting the dates of Regular City Council Meetings, Budget Hearings and Department Presentations for January through December 2011. f. Resolution determining that Chart LNG vehicle tanks for Bridgeport Ranger automated side loader bodies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof not to exceed the budgeted amount of $60,000. (Ward 4,7) g. Resolutions approving application proposing proceedings for annexation of uninhabited territory to the City identified as: l . Annexation No. 620 consisting of 50.29 acres located along the north side of Rosedale Highway generally between Calloway Drive and Verdugo Lane. 2. Annexation No. 627 consisting of 4.78 acres located along the east side of Stine Road generally between McKee Road and Taff Highway. 3. Annexation No. 632 consisting of 167.95 acres located along the south side of Seventh Standard Road between the Calloway Canal and Allen Road. h. Resolution confirming approval by the City Manager designee 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. L Resolution adopting an amended Conflict of Interest Code for City Departments. (Ward 2) j. Resolution to add territory, Area 4-98 (2116 P Street & 900 22nd Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Word 3) k. Resolution of Intention No. 1679 to add territory, Area 4-97 (2505 Haley Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Ward 1) I. Resolution of Intention No. 1677 to amend the Panama and Union Planned Sewer Area boundary and preliminarily approve the cost and fee schedule. (Ward 2) M. Resolution of Intention No. 1678 to order the vacation of Hopper Court between Union Avenue Loop west to the Southern Pacific Railroad tracks. Agreements: n. Environmental Impact Report (EIR) for the Kern River Project: 1. Agreement with Horizon Water and Environmental, LLC (not to exceed $600,000) to assist Water Department staff with processing the EIR. 2. Appropriation $300,000 from the Domestic Water Fund balance and $300,000 from the Agricultural Water Fund balance within the Water Resources Capital Improvement Budget to fund the EIR. 2 City Council Meeting of 11 /3/2010 8. CONSENT CALENDAR continued (Ward 3) o. Agreement with Advanced Earth Sciences, Inc. ($450,000) for geotechnical services supporting construction of the Bakersfield Landfill Closure Project. (Ward 6) p. License Agreement with American Youth Soccer Organization (AYSO), Region 73, for use of soccer fields at Sports Village (Phase 1) located on the north side of Taff Highway, east of Ashe Road and west of Gosford Road. q. Amendment No. 1 to Agreement No. 09-171 with Amber Chemical, Inc. ($75,000; revised not to exceed $150,000 and extending term one year) to supply pool chemicals. (Ward 6) r. Contract Change Order No. 6 to Agreement No. 09-121 with Klassen Corp. ($22,079; revised not to exceed $6,843,376.57) for the Sports Village Phase I Project. (Ward 3) s. Contract Change Order No. 2 to Agreement No. 09-113 with Kern Pacific Construction ($99,500; revised not to exceed $3,229,728.59) for the Mesa Marin Sports Complex Project. (Ward 3) t. Contract Change Order No. 75 to Agreement No. 07-304 with Security Paving Construction ($64,696.38; revised not to exceed $32,983,349.70) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: (Ward 4) u. Accept bid and approve contract with J & M Land Restoration, Inc. ($60,324.47) for Allen Road Bridge Over Kern River Revegetation Project. (Ward 7) v. Accept Base Bid and Additive Alternate and approve contract with A-C Electric Co. ($144,001.25) for the Traffic Signal and Light System Installation at the Intersection of Planz Road at Agate Street Project. (Ward 7) w. Accept Base Bid and Selective Bid Alternate No. 1 and approve contract to Griffith Co. ($71,554) for Street Improvements on Wible Road and Arvin-Edison Canal North 180 Feet Project. X. Accept bids from En Pointe Technologies Sales, Inc. ($4,015.72) and EDX Information Systems, Inc. ($40,044.67) for 15 Panasonic mobile data computers for the Police and Information Technology Departments. (Ward 7) Y. Traffic signal and lighting system installation on Hosking Avenue at South H Street: 1. Accept bid and approve contract with Loop Electric, Inc. ($197,854.26) for project. 2. Appropriate $55,997 Federal Congestion Mitigation Air Quality funds to the Public Works Department Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $25,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. (Ward 2) Z. Accept bid from Wesco Distribution ($898,961.04) for energy efficient lighting -for ?D Street landscape improvements from Truxtun Avenue to 24m Street for the Engineering Division. City Council Meeting of 11 /3/2010 8. CONSENT CALENDAR continued aa. Accept bid from Resource Machinery & Engineering, I_LC ($518,301) for one replacement compost 20 foot windrow turner for the Solid Waste Division. bb. Accept bids from ADM Supplies, Inc. ($10,476.69), Western Pacific Signal ($16,079.57) and McCain, Inc. ($66,897.98) for signal equipment. Staff recommends adoption of Consent Calendar items 8.a. through 8. bb. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. CLOSED SESSION 11. CLOSED SESSION ACTION 12. HEARINGS a. Public Hearing to consider First Reading of Ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15 and adding Sections 15.17 and 15.19 of the Building and Construction Codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code and California Green Building Code. Staff recommends give first reading of ordinance. 13. REPORTS 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, qZe,w&-) C'> ~,o Alan Tandy City Manager 10/28/10 8:30am 4 City Council Meeting of 11 /3/2010 AGENDA HIGHLIGHTS November 3, 2010 COUNCIL MEETING REGULAR MEETING - 5:15 p.m. ROLL CALL Item Ia. Seventeen (17) schools will be participating in the 56th annual "Teen City Government Day". Students representing the Mayor, City Council, and staff will be introduced at the City Council meeting. CONSENT CALENDAR Ordinances There will be a First Reading for several proposed ordinance changes: Item 8c. As part of a normal update cycle, the State he California Fire Code, Which occurs every three (3) years. Municipal Code to reflect the updated changes. T requirement for fire sprinkler installations in all new single a with the Home Builders' Association about the adoption received minimal comments. s adopted the 2010 Edition of the This change will amend the City's ie only substantive revision is a id multi-family dwellings. Staff met of the 2010 State Fire Code and Item 8d. Periodically, various City Departments request changes to the Municipal Code that are minor in nature and generally reflect current practice or are done to correct typographical errors. This item is for the approval of seven (7) such recommended ordinance amendments. The most significant is an amendment specifying that an employee must work five (5) consecutive years with the City and be eligible for retirement in order to receive sick leave compensation. This clarification was approved by the SEIU representative. Agreements Item 8n. Agreement with Horizon Water and Environmental, LLC for an Environmental Impact Report for the Kern River Project. Because of the pending action with the State Water Resources Control Board, as well as sales contracts that expire in 2012, an environmental impact report (EIR) will be needed. This action is to request approval of an agreement in the amount of $600,000 with Horizon Water and Environmental, LLC, a firm that is currently a retained expert in existing water litigation matters, and to appropriate $300,000 from the Domestic Water Fund Balance and $300,000 from the Agricultural Water Fund Balance within the Water Resources Capital Improvement Budget to fund the EIR preparation. Item 8o. Aareement with Advanced Earth Sciences for geotechnical services for the construction of the Bakersfield Landfill Closure Project. Landfill closure projects require more soil testing than typical construction projects. This proposed agreement, in the amount of $450,000, is for continuous field sampling and lab testing of the landfill cover soils during a 6 month period, followed by preparation of quality assurance reports that are required by regulatory agencies. Six firms responded to the request for qualifications and proposals, and it was determined that Advanced Earth Sciences has the combination of qualifications and fee proposal most favorable for the City. The funding source will be from the Landfill Cap Reserve within the Refuse Enterprise Fund. Item 8p. Agreement with American Youth Soccer Organization (AYSO) for use of the Sports Village (Phase 1) soccer fields. The first phase of the Sports Village sports and recreational facility, north of Taft Highway, between Ashe and Gosford Roads, will include eight (8) soccer fields that will be ready for play around July 1, 2011. This proposed agreement will grant AYSO an initial five year license agreement, at no cost, to manage and utilize the facility, but will allow the City to use the fields on dates when AYSO or their subleasors are not. Similar to the agreement with Bakersfield Southwest Baseball for use of Aera Park, it is a turnkey agreement and removes the City from being responsible for the maintenance costs at the facility, Bids Item 8z Accept Bid from Westco Distribution for Energy Efficient Decorative Lighting for the Q Street Landscape Improvements from Truxtun Avenue to 24th Street. In order to ensure uniformity of the Mill Creek design elements, staff has determined that all the lighting components for this project must come from one vendor. Three bids were received, but one was incomplete. Of the two remaining bids, staff recommends acceptance of the lowest complete bid from Westco Distribution for $898,961.04. Funding has been budgeted and will be derived from a State Housing and Community Development Infill Infrastructure Grant. Hearings Item 12.a. Similar to Consent Calendar Item 8c. pertaining to the new State Fire codes, this agenda item is to consider the First Reading for proposed ordinance changes to the City's Municipal Code to consider adoption of the new State versions of the California Mechanical, Plumbing, Electrical, Existing Building, Historical Building, Residential, and California Green Building Codes. Most of the proposed amendments are technical and minimal in nature, but two key amendments go beyond State law by prohibiting the use of wood foundation systems and retaining walls within seismic zones D, E, or F. An additional amendment allows the use of a wood foundation for a storage shred or similar use, up to 240 square feet. The public hearing is required, because of the additional amendments that go beyond the State law. The Home Builders' Association has been informed of the new State Building codes and proposed amendments. As proposed, these Building code amendments do not significantly alter existing practices. Approved: & Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - November 3, 2010 Council Meeting Page 2 of A ADMINISTRATIVE REPORT Tll 1 0 MEETING DATE: November 3, 2010 AGENDA SECTION: Roll Call ITEM: La. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager October 18, 2010 Introduction of Student Body Representatives Participating in the 56th consecutive "Teen City Government Day" APPROVED DEPARTMENT HEAD T CITY ATTORNEY ~41 CITY MANAGER & RECOMMENDATION: BACKGROUND: The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the Optimists in sponsoring Teen City Government Day. This is the 56th year the City has been involved in this event. The school district has indicated that seventeen (17) schools will be participating, and they are: Bakersfield, Bakersfield Christian, Centennial, East Bakersfield, Foothill, Frontier, Garces, Golden Valley, Highland, Independence, Liberty, Mira Monte, North, Ridgeview, South, Stockdale, and West High Schools. Four students from each school will participate in the Teen City Government Day morning activities. Students representing the Mayor and Council, the City Manager, Assistant to the City Manager/PIO, Assistant to the City Manager, Administrative Analyst - City Manager's Office, City Attorney, City Clerk, Public Works Director, Planning Director and Building Director (one student representing each school) will attend the evening session from 5:15 p.m. to no later than 7:30 p.m. Council will then take a short recess to allow students to leave to prepare for the following day's classes. October 18, 2010, 1:42PM VATEEN GOVT DAY\2010Wdministrative Report - Teen Government Day - 2010.docx RG: al BAKE O~ Juuox~re ~'S ADMINISTRATIVE REPORT ~ ~ts L1Fo MEETING DATE: November 3, 2010 AGENDA SECTION: Presentations ITEM: 5 -CL . TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: October 20, 2010 ROVED APPO DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Chris Brewer commemorating the 200th Birthday of Col. Thomas Baker, Bakersfield's Founder. RECOMMENDATION: BACKGROUND: krt ADMINISTRATIVE REPORT cgLIF0 MEETING DATE: November 3, 2010 AGENDA SECTION: Presentations ITEM: - b TO: Honorable Mayor and City Council VED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: October 20, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Daron Hobson declaring November 2010 as National Juvenile Diabetes Month in Bakersfield. RECOMMENDATION: BACKGROUND: krt BA E OF ycowoared~S ADMINISTRATIVE REPORT cgLIF0 MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8. a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: October 22, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: Approval of Minutes of the October 13, 2010 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw BA 8 O~ conro ADMINISTRATIVE REPORT LIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8, b . TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 21, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from October 2, 2010 to October 21, 2010 in the amount of $24,744,638.62 and Self Insurance payments from October 2, 2010 to October 21, 2010 in the amount of $313,219.46. RECOMMENDATION: Staff recommends approval of payments totaling $25,057,858.08 BACKGROUND: KLG October 21, 2010, 4:18PM SAKim GADMUCOUNCIL-ADMIN-AP-2011 WDMIN-AP 110310.doc AK ux4 tS ADMINISTRATIVE REPORT 1 MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8.e,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas R. Greener, Fire Chief October 25, 2010 First reading of Ordinance amending Chapter 15.65 of the Bakersfield Municipal Code relating to the California Fire Code. (All wards) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER- ej RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The California Fire Code establishes State regulations regarding minimal standards for fire related hazards and fire safety. The provisions of the California Fire Code are applicable to all cities and.counties in California, including charter cities, without exception. However, cities and counties may establish more restrictive and reasonably necessary differences to the State-wide provisions due to climatic, topographical or geological conditions. The State has adopted the 2010 Edition of the California Fire Code as part of a normal update cycle, which occurs every three years. The updated 2010 Edition of the California Fire Code provision is effective January 1, 2011. The City of Bakersfield (City) previously adopted the 2007 Edition of the California Fire Code in the Bakersfield Municipal Code (BMC) at Chapter 15.65. It is necessary for the City to amend BMC Chapter 15.65, to reflect the updated changes in the 2010 Edition of the California Fire Code. The only substantive revision to the California Fire Code, by the State, is a requirement for fire sprinkler installations in all new single and multi-family dwellings. The proposed amendments, by the City to BMC 15.65, do not establish any additional restrictions above the newly adopted State standards in the California Fire Code. The Bakersfield Fire Department has met with the Home Builders Association about the adoption of the 2010 Edition of the California Fire Code and received minimal comments. The remainder of the BMC ordinance amendments consists of the re-numbering of existing provisions. A copy of the 2010 Edition of the California Fire Code is on file at the City Clerk's office for review. SACOLEEN BLAIRWdmin Rpts-Resolutions\FireCode2010.docx October 25, 2010, 5:20PM H.Wines A ADMINISTRATIVE REPORT MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 6 .C4, TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Virginia Gennaro, City Attorney October 19, 2010 APPROVED DEPARTMENT HEAD /61, CITY ATTORNEY tle- CITY MANAGER 1. First Reading of Ordinance Amending Section 2.84.570 Relating to Employee Sick Leave Payment. 2. First Reading of Ordinance Amending Section 8.32.060 Relating to Solid Waste Billing. 3. First Reading of Ordinance Amending Section 12.16.150 Relating to Construction Work in Streets. 4. First Reading of Ordinance Amending Section 14.04.240 Relating to Water Service Connections. 5. First Reading of Ordinance Amending Sections 16.16.050 and 16.16.060 Relating to Tentative Maps. 6. First Reading of Ordinance Amending Section 16.32.060 Relating to Tract Map Improvements. 7. First Reading of Ordinance Amending Section 17.71.020 Relating to Outdoor Lighting. RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendments. BACKGROUND: Periodically, 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 Section 2.84.570. This amendment specifies that an employee must work five (5) consecutive years with the City and be eligible for retirement in order to receive sick-leave compensation. This change encourages employment longevity with the City. Since sick leave compensation is a benefit given by the City to employees, the City has the authority to set its requirements but this clarification was also approved by the SEIU representative. 2. BMC Section 8.32.060. This amendment deletes the section entitling an absentee owner to a prorated refund of charges for a period that the dwelling is unoccupied. This is an antiquated section and no longer current practice. October 19, 2010, 3:46PM SACOUNCILWdmins\10-11 Admins\CIeanup 2010.doc ADMINISTRATIVE REPORT 3. BMC Section 12.16.150. This amendment deletes reference to a "12 year workmanship and performance warranty agreement" with the City which allowed a permittee to receive a reduced fee. This has never been used due to the expense for the permittee. 4. BMC Section 14.04.240. The amendment deletes an antiquated provision concerning installation of connections from water mains to individual properties which does not reflect current practice. All such lines are installed by developers. 5. BMC Sections 16.16.050 and 16.16.060. The amendment to 16.16.050 deletes an obsolete provision requiring maps to be submitted to the Officer of Intergovernmental Management and creates a more generic description (in lieu of Pac Bell) for a telephone utility. The amendment to 16.16.060 increases the time to return to the subdivider a copy of the map with the resolution advising of the agency's decision from two calendar weeks to a more reasonable thirty (30) days. 6. BMC Section 16.32.060. The amendment updates the list of planned sanitary sewer areas in which assessment fees are being collected. 7. BMC Section 17.71.020. This amendment revises the definition of Northeast Bakersfield to be consistent with all other Code references. BW:Isc October 19, 2010, 3:46PM S:\000NCIL%Admins\10-11 Admins\CIeanup 2010.doc BA^AE~ ADMINISTRATIVE REPORT 0 MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: e TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk October 21, 2010 Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Presentations for January through December 2011. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGE RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This Resolution will set the regular City Council Meetings, Budget Hearings and Department Budget Presentations for 2011. All meetings will be held in the Council Chambers and will begin at 5:15 p.m. Holidays, Spring Break, and League of California Cities Conferences were taken into consideration. The Budget Hearing is scheduled for June 8, 2011 at 5:15 p. m., or as soon thereafter as the matter may be heard and adoption of the Budget set for June 29, 2010. Department Budget Presentations are scheduled for May 18th and June 8th during the Workshop portion of the agenda beginning at 5:15 p.m. One meeting is scheduled during the months of January, April, July, August, November and December. :pl October 21, 2010, 11:28AM S: \ Council \ admins\ 2010\ MtgDates2011.dot MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 20, 2010 APPROVED DEPARTMENT HEAD IV'5 CITY ATTORNEY CITY MANAGER .S SUBJECT: Resolution determining that Chart LNG vehicle tanks for Bridgeport Ranger automated side loader bodies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof not to exceed the budgeted amount of $60,000. (City Wide) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On October 13, 2010 Council approved the resolution to purchase Bridgeport OEM parts as part of project to refurbish City owned refuse truck. If approved, City will supply Chart LNG vehicle tanks to Bridgeport Manufacturing to be installed on four (4) refurbished refuse trucks. Chart LNG vehicle tanks must be purchased through AFV Fleet Service as the distributor for Chart Industries, Incorporated. Staff will coordinate the delivery of the tanks to Bridgeport Manufacturing for installation and completion of the refurbished units. Staff is recommending adoption of the Resolution to dispense with bidding for Chart LNG vehicle tanks, purchased through AFV Fleet Service, for installation on four (4) refurbished automated side loader bodies. Funds are available in Equipment Replacement Fund for an amount not to exceed $60,000. Purchasing Division/kb SAPURCHWDMINWdmin 10-1 Mhart LNG vehicle tanks Sole Source Resolution, November 3, 2010.docx BA nn WWO4 `rs ADMINISTRATIVE REPORT 10 MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director October 15, 2010 Resolutions approving application proposing proceedings for annexation of uninhabited territory to the City identified as: Annexation No. 620 consisting of 50.29 acres located along the north side of Rosedale Highway, generally between Calloway Drive and Verdugo Lane. (Ward 4) 2. Annexation No. 627 consisting of 4.78 acres located along the east side of Stine Road, generally between McKee Road and Taft Highway. (Ward 7) 3. Annexation No. 632 consisting of 167.95 acres located along the south side of Seventh Standard Road, between the Calloway Canal and Allen Road. (Ward 4) APPROVED DEPARTMENT HEAD CITY ATTORNEY' CITY MANAGER ieS RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolutions of application propose proceedings for annexation of uninhabited territory to the City of Bakersfield. Annexation No. 620 is located along the north side of Rosedale Highway, generally between Calloway Drive and Verdugo Lane. The annexation territory includes 46 parcels of land (50.29 total acres) and has multiple property owners. Annexation was initiated by the property owners having several parcels abutting Verdugo Lane and Rosedale Highway. A request was submitted for a general plan amendment/zone change and annexation of their properties to allow development of office and general commercial. The City Council approved the request (GPA/ZC 09-0023) in 2009. Most of the remaining parcels included in the annexation territory are developed. The developed area includes various types of manufacturing/service businesses, a small hotel, two church sites, a fast food restaurant, and a mini-storage facility, etc. It was necessary to include these properties to connect the area to the existing City boundary. The applicant sent ADMINISTRATIVE REPORT Page 2 certified letters to each property owner within the proposed annexation explaining need to annex to the City of Bakersfield and asking if they would like to be annexed as well. Of those receiving certified letters, one property owner submitting a written request to annex, and the remaining property owners had no response. Since this annexation does not have 100% property owner consent, LAFCO will require a protest hearing prior to annexation approval. Annexation No. 627 'is located along the east side of Stine Road, generally between McKee Road and Taft Highway. The annexation consists of 4.78 acres of land. The property owner has requested annexation for the development of the site to receive city services. The property owner has consented to annexation. This annexation is within the City's Sphere of Influence boundary and adjacent to the city limits. Annexation No. 632 is located along the south side of Seventh Standard Road, between the Calloway Canal and Allen Road. The annexation is adjacent to the city limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the property for development purposes and to receive city services. The exchange of property tax revenues for these annexations will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. DL:dc\\S:\Annexation\Res of Applic\Admin Draft 620,627 & 632.doc AK n p~ fA~GR, ADMINISTRATIVE REPORT c M ro MEETING DATE: November 3, 2010 AGENDA SECTION: Consent ITEM: 8 , h . TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: October 15, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on October 11, 2010, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1 /Counciimember Irma Carson 1. 1212 Antonia Way 022-021-15 $ 745.00 2. 207 E. California Avenue 139-052-02 $ 105.00 3. 28 Clyde Street 018-431-13 $ 695.00 4. 3512 Hale Street 172-052-03 $ 300.00 5. 228 S. Haley Street 019-191-03 $ 300.00 6. 509 S. Haley Street 019-102-11 $ 690.00 7. 303 Haybert Court 01 1-112-15 $ 760.00 8. 817 Karma Court 171-223-14 $ 300.00 S:\Dana\ADMINS\2010\Nov\11-3-Property Abatement.docOctober 15, 2010, 11:43AM/kd ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Irma Carson 9. 1 102 L Street 009-031-10 $ 105.00 10. 2513 Lee Drive 022-221-01 $ 900.00 11. 29 Milham Drive 139-432-05 $ 794.00 12. 4504 Monitor Street 171-222-06 $ 835.00 13. 210 Northrup Street 018-280-29 $ 300.00 14. 1030 P Street 009-052-12 $ 844.00 15. 917 Pacheco Road 412-080-06 $ 774.00 16. 812 Townsley Avenue 011-222-28 $ 730.00 17. 5319 Trabuco Canyon Drive 173-553-02 $ 815.00 18. 1324 Virginia Avenue 018-123-29 $ 300.00 19. 15 E. White Lane 172-160-08 $ 105.00 20. 117 E. 7th Street 139-210-18 $ 709.00 21. 110 E. 8th Street 139-191-13 $ 725.00 22. 301 E. 10th Street 139-121-01 $ 1,450.00 23. 330 E. 1 1 th Street 139-041-08 $ 665.00 24. 1206 11 th Street 009-031-08 $ 300.00 Ward 2/Counciimember Sue Benham 25. 235 B Street 008-171-03 $ 725.00 26. 3108 Claflin Way 002-061-26 $ 105.00 27. 1730 Dracena Street 007-220-14 $ 300.00 28. 2118 E Street 003-221-04 $ 105.00 29. 232 Jefferson Street 012-310-12 $ 300.00 30. 1307 Lake Street 015-410-02 $ 745.00 31. 1800 Maple Avenue 007-194-16 $ 635.00 32. 608 Montclair Street 020-374-12 $ 1,035.00 33. 431 Monterey Street 014-160-07 $ 694.00 34. 828 Monterey Street 014-110-10 $ 694.00 35. 3212 Mulberry Drive 001-381-17 $ 300.00 36. 1320 Oregon Street 015-110-16 $ 1,149.00 37. 1503 Pacific Street 015-130-21 $ 1,098.00 38. 501 Quincy Street 013-210-01 $ 725.00 39. 2930 San Emidio Street 007-033-25 $ 1,199.00 40. 3000 Spruce Street 001-064-25 $ 105.00 41. 1709 Verde Street 008-342-07 $ 692.00 42. 506 28th Street 002-092-09 $ 982.00 43. 2728 30th Street 001-250-04 $ 105.00 44. 1010 31 st Street 002-061-25 $ 834.00 45. 1021 34th Street 002-031-02 $ 889.00 S:\ ana\ADMINS\2010\Nov\11-3-Property Abatement.docOctober 15, 2010, 11:44AM/kd ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 3/Counciimember Ken Weir APN COST 46. 3501 Candlewood Drive 382-192-18 $ 800.00 47. Vacant lot west of College & Fairfax 432-010-06 $ 105.00 48. 3017 Hollins Street 021-351-21 $ 859.00 49. 2800 Pasadena Street 383-202-08 $ 847.00 50. 3000 Pasadena Street 383-201-06 $ 300.00 51. 5408 Spring Canyon Court 365-152-15 $ 725.00 52. 2905 St. Marys Street 021-432-12 $ 900.00 53. 3030 Wenatchee Avenue 383-220-09 $ 1,100.00 Ward 4/Counciimember David Couch 54. 6606 Alderbrook Lane 525-381-01 $ 698.00 55. 6104 Bay Club Court 494-41 1-10 $ 884.00 56. 10321 Bay Colony Drive 500-21 1-17 $ 740.00 57. 13117 Birkenfeld Avenue 522-133-05 $ 950.00 58. 11707 Crockett Court 409-321-06 $ 837.00 59. 13512 Frenchglen Avenue 522-054-05 $ 1,410.00 60. 4303 Gelding Way 527-131-09 $ 300.00 61. 13215 Giro Avenue 495-411-29 $ 300.00 62. 11805 Harvick Avenue 528-301-14 $ 905.00 63. 4316 Holster Drive 527-115-08 $ 300.00 64. 12217 Jacksonville Avenue 527-392-18 $ 300.00 65. 11405 Jimrik Avenue 465-452-02 $ 684.00 66. 11409 Jimrik Avenue 465-452-03 $ 675.00 67. 11501 Jimrik Avenue 465-452-06 $ 675.00 68. 11607 Jimrik Avenue 465-452-11 $ 675.00 69. 12508 Knights Bridge Place 528-192-09 $ 760.00 70. 6815 Longview Drive 528-352-07 $ 300.00 71. 7216 Mist Falls Drive 525-592-37 $ 105.00 72. 10321 Seneca Falls Drive 525-321-15 $ 715.00 73. 8519 Seven Hills Drive 494-391-01 $ 105.00 74. 7308 Sleepy Lagoon Drive 525-461-46 $ 300.00 75. 13601 Warrenton Avenue 522-043-02 $ 300.00 Ward 5/Counciimember Harold Hanson 76. 3626 Boswellia Drive 513-222-21 $ 840.00 77. 9409 Cannondale Drive 501-102-01 $ 800.00 78. 8820 Carvalho Court 392-183-11 $ 700.00 S:\Dana\ADMINS\2010\Nov\1 1-3-Property Abatement. docOctober 15, 2010, 11:44AM/kd ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 5/Counciimember Harold Hanson 79. 9519 Empire State Drive 497-441-07 $ 715.00 80. 6317 Prairie Dog Street 497-252-23 $ 105.00 81. 8017 River Mist Avenue 498-082-22 $ 670.00 82. 8600 Sargent Way 392-051-22 $ 105.00 83. 3500 Seligman Drive 385-381-21 $ 105.00 84. 3509 Seligman Drive 385-382-03 $ 300.00 85. 6005 Times Square 497-441-02 $ 720.00 Ward 6/Coucilmember Jacauie Sullivan 86. 6208 Ambergrove Street 498-095-19 $ 694.00 87. 5802 Bridge Creek Avenue 498-61 1-03 $ 680.00 88. 5840 Greenhorn Mountain Court 498-281-08 $ 300.00 89. 6708 Olympia Drive 385-091-34 $ 1,360.00 90. 4001 Peachwood Court 403-230-21 $ 105.00 91. 4833 Shadow Stone Street 498-342-01 $ 300.00 Ward 7/Counciimember Zack Scrivner 92. 2413 Bernice Court 372-223-14 $ 105.00 93. 8807 Brannock Court 514-171-18 $ 300.00 94. 7801 Granite Pointe Parkway 515-772-12 $ 779.00 95. 1901 Harry E. Yarnell Court 372-291-34 $ 720.00 96. 3004 Jorie Avenue 405-031-07 $ 774.00 97. 4713 Kaiser Peak Court 405-284-31 $ 1,050.00 98. 4115 Kilkenny Court 514-072-15 $ 300.00 99. 322 Midnight Court 516-452-16 $ 300.00 100. 1305 Park City Avenue 516-183-02 $ 794.00 101. 9000 Rockhampton Drive 514-652-07 $ 105.00 102. 9110 Rockhampton Drive 514-652-01 $ 105.00 103. 5501 Sara Jane Street 371-122-01 $ 300.00 104. 2100 Sherwood Avenue 023-254-08 $ 790.00 105. 4008 Sugar Cane Avenue 371-343-20 $ 720.00 106. 4320 Thatch Avenue 371-281-04 $ 105.00 107. 4332 Thatch Avenue 371-242-01 $ 105.00 S:\Dana\ADMINS\2010\Nov\11-3-Property Abatement.docOctober 15, 2010, 11:44AM/kd ADMINISTRATIVE REPORT The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee 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. S:\Dana\ADM1NS\2010\Nov\11-3-Property Abatement. docOctober 15, 2010, 11:44AM/kd BA o~~FUMVNA 's ADMINISTRATIVE REPORT IF MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: $ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk October 22, 2010 Resolution adopting an amended Conflict of Interest Code for City of Bakersfield Departments. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ;eS RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The Political Reform Act ("PRA") requires a biennial review of local agency conflict of interest codes and that each governmental agency must review, update and amend its Conflict of Interest Code and evaluate positions which are newly created, deleted or modified so as to conform to the positions designated for reporting economic interests. The positions identified in this update were created or modified subsequent to the Council's approval of Resolution No. 169-08 on October 8, 2008, which completed the year 2008 biennial review of the Code. The positions created or modified as set forth in the resolution (Exhibit "A") meet the criteria for filing Statements of Economic Interest under the PRA as they are either involved in purchasing of equipment materials or services and/or participate in or influence government decisions on behalf of their respective departments. The current Code was reviewed by the City Manager, then provided to each department head with recommended changes. Those changes included adding new designated position, revising titles of existing positions, adding responsibilities to existing positions, and deleting abolished titles and positions no longer requiring designation. The proposed amendments to the Conflict of Interest Code are incorporated by reference in the resolution as Exhibit "A." Rg S:Council/fppc biennial review 10 reso BAKE oFx~a.~o.,r~Rs ADMINISTRATIVE REPORT ~q1 000to MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: $ . TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: October 5, 2010 CITY ATTORNEY CITY MANAGER tiJ SUBJECT: Resolution to add territory, Area 4-98 (2116 P Street & 900 22nd Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: On October 13, 2010, the Council adopted Resolution of Intention No. 1676 adding the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent to the assessment. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. ps G:\GROUPDAT\ADMINRPT\2010\11-03\CMD 4-98 Res Estab admin.doc A KE O~ycovOR re~S~ ADMINISTRATIVE REPORT LIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 9 . TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 5, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1679 to add territory, Area 4-97 (2505 Haley Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 3) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) 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(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant•is attached for reference. Ps G:\GR0UPDAT\ADMINRPT\2010\11-03\CMD 4-97 admin.docx BAKE[~ OF ycoROR,r~`rs ADMINISTRATIVE REPORT RLIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Cbn5u& altndw ITEM: 0 .1, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 22, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Panama and Union Planned Sewer Area (Ward 1) Resolution of Intention No. 1677 to amend the Panama and Union Planned Sewer Area boundary and preliminarily approve the cost and fee schedule. RECOMMENDATION: Staff recommends approval of the Resolution of Intention. BACKGROUND: Resolution No. 083-07 established the Panama and Union Planned Sewer Area. This hearing is to review a proposed amended boundary to the Panama and Union Planned Sewer Area in the City of Bakersfield, County of Kern, State of California, in order to require the payment of a fee for purposes of defraying the actual or estimated cost of constructing a portion of sewer trunk lines and appurtenant facilities. These facilities serve an area generally bounded by Panama Lane on the north, 3/4 mile east of Cottonwood Road on the east, Union Ave on the west, and Hosking Ave on the south. The proposed amendment would extend the northern boundary generally to the southern boundary of Tentative Tracts 6865 and 7029, % mile east of Cottonwood Road on the east, Union Avenue on the west, and Hosking Avenue on the south. The amended boundary also eliminates the County area east of Madison Avenue and south of Berkshire Road. The amended map of the benefitted area, the estimated cost of the improvements, and the amended fee schedule are attached hereto as Exhibits "A" and "B", respectively. The proposed amended planned sewer area fee will be collected prior to the issuance of a residential or commercial building permit. Established planned sewer area residents are exempt from the amended fee. Those who apply for a building permit prior to the effective date of this amended resolution will be charged the planned sewer area fee established in Resolution No. 083-07. ps G:\GR0UPDAT\ADMINRPT\2010\11-03\Panamo Union PSA amendedadmin.DOC BAKE~1 Q~~COV0. '•s ADMINISTRATIVE REPORT ..,1~ LIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8. M . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 19, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution of Intention No. 1678 to order the vacation of Hopper Court, between Union Avenue Loop west to the Southern Pacific Railroad Tracks. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request to vacate Hopper Court between Union Avenue Loop west to the north right-of-way of the Southern Pacific Railroad tracks. 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 no City sewer and storm drain facilities in this area. There are street light electrical conduits within the area. The City will reserve a Public Utility Easement (PUE) over the vacated 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 vacated 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 October 5, 2010, 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 December 15, 2010, on the proposed vacation. PE G:\sub\SHARED\Street Vacations\HOPPER 24TH STREET\Admin. Report - Consent Calendar.doc MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Wendccr ITEM: 6 • r . TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: October 21, 2010 SUBJECT: Environmental Impact Report Processing: APPROVED DEPARTMENT HEAD vg!- CITY ATTORNEY CITY MANAGER & Agreement with Horizon Water and Environmental, LLC, in the amount not to exceed $600,000 to assist Water Department staff with the processing of the Environmental Impact Report for the Kern River Project. 2. Appropriation of $300,000 from the Domestic Water Fund Balance and $300,000 from the Agricultural Water fund Balance within the Water Resources Capital Improvement Budget to fund the EIR. RECOMMENDATION: Staff recommends approval of the Agreement and the appropriation. BACKGROUND: As a result of the action pending with the State Water Resources Control Board, the City has determined that it is necessary to conduct an environmental impact report (EIR herein). Horizon Water and Environmental, LLC, is a professional environmental consultant that is currently a retained expert in existing water litigation matters that staff desires to assist the City in the preparation of the EIR. The funds to pay for the consultant costs and staffs time and materials to process the EIR will come from an appropriation of $300,000 from the Domestic Water Fund Balance and $300,000 from the Agricultural Water fund Balance within the Water Resources Capital Improvement Budget. VGAII SACOUNCILWdmins\10-11 Admins\Hodzon. Kemrivereir. Doc A O~ yco Ro ADMINISTRATIVE REPORT sy ILr gLIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: g. p, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 20, 2010 Agreement with Advanced Earth Sciences, Inc. ($450,000) for geotechnical services in support of the construction of the Bakersfield Landfill Closure Project (Ward 3). APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGE RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: On August 30, 2010, the City issued a request for qualifications and proposals (RFP&Q) for geotechnical consultants to provide support during construction of the Bakersfield Landfill Closure Project. Landfill closure projects require a much greater degree of soil testing than typical construction projects, because the soil acts as a moisture barrier. The geotechnical work includes continuous field sampling and lab testing of landfill cover soils during a six month construction period planned for 2011, followed by preparation of extensive construction quality assurance reports required by regulatory agencies. A total of six responses were received on September 14, 2010 (Advanced Earth Sciences, Inc., Ausenco- Vector, Geo-Logic Associates, Golder Associates, Krazan & Associates, Inc., and Soils Engineering, Inc). The Selection Committee met on September 22, 2010 to evaluate responses to the RFQ&P. The Proposers were also required to submit a fee proposal for the Scope of Work detailed in the RFQ&P. The Selection Committee found the firm of Advanced Earth Sciences, Inc. (AES) to have the combination of qualifications and fee proposal most favorable for the City. Therefore, staff recommends award of this agreement to Advanced Earth Sciences, Inc. (Irvine, CA). Sufficient funds are budgeted to award this agreement. Funding is from the Landfill Cap Reserve within the Refuse Enterprise Fund. Therefore, there is no General Fund impact associated with this Agreement. 10/12/2010 11:23 AM G:IGROUPDATWDMINRPT\2010\11-03WDMIN REPORT - AES GEOTECHICAL SERVICES - RFP AWARD.DOC Project No. E81(008 'BAKE O~~CORPORA RS C~ Cn ADMINISTRATIVE REPORT IF' MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPRO ED FROM: Dianne Hoover DEPARTMENT HEAD Recreation and Parks Department DATE: October 27, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: License Agreement with American Youth Soccer Organization (AYSO), R gion 73, for use of the soccer fields at Sports Village (Phase 1), located on the north side of Taft Highway, east of Ashe Road and west of Gosford Road. (Ward 6) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In January, 2010, the City began construction on Sports Village, a sports and recreational facility in Southwest Bakersfield on property located on the north side of Taft Highway, bordered on the east by Ashe Road, and on the west by Gosford Road, consisting of approximately 170 acres. The first phase of construction and development includes eight (8) full-sized soccer fields, which are intended to be ready for play on or about July 1, 2011, including, among other things, roadways for vehicular and pedestrian ingess and egress, vehicle parking areas, restrooms, a concessions building shell, lighting and landscaped areas, as referenced in the attached License Agreement. Under the terms of the proposed license agreement, the American Youth Soccer League (AYSO), Region 73, a California non-profit corporation, would enter into a five (5) year agreement with the City to manage the facility, including operating the concessions and utilizing the fields for soccer practices, matches, tournaments, and related events. This agreement allows AYSO the use of the facility for an initial five (5) years, without cost. At the conclusion of the five (5) year term, AYSO may request an extension for two additional five (5) year periods, with compensation to the City to negotiated by both parties. The terms of this agreement are similar in nature to the City's agreement with Bakersfield Southwest Baseball for their use of the Aera Park baseball complex located at Stockdale and Jewetta. It is a turnkey agreement that allows the City to be removed from the responsibility for the costs of maintenance of the facility. October 27, 2010, 5:22PM Admin-AYSOSoccerAg reement-102710. d ocx-rks ADMINISTRATIVE REPORT AYSO will be granted use of the soccer fields at Phase 1 based on a schedule to be submitted to the City annually, on or before May 1st of each calendar year. They will also be able to sublease to other soccer groups to maximize the use of the fields. However, the City will retain the right to use the fields for its own purposes, or to rent them to other groups on any dates not previously approved for use by AYSO. The City's responsibilities will include completion of construction of the eight (8) soccer fields, roads for entrance and exit, parking areas, restrooms, a concessions building shell, field lighting and landscaped areas, providing water for the facility, and road maintenance. AYSO will install the concession amenities, pay the utilities (except water), maintain the fields and restrooms. AYSO currently holds their soccer activities at Cal State Bakersfield. However, Cal State Bakersfield has notified AYSO that they intend to use that site for a future residential village for students, and they will need the property that AYSO is leasing no later than September, 2011. Therefore, the City wishes to enter into this agreement with AYSO to provide a suitable location for AYSO's activities, so that AYSO can continue to hold soccer activities in our community. October 27, 2010, 5:22PM Admi n-AYSOSoccerAg reeme nt-102710. docx-rks MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8, q U TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: October 21, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 09-171 with Amber Chemical, Incorporated ($75,000) revised not to exceed $150,000 and extending term for one (1) year for the annual contract to supply pool chemicals. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On December 16, 2009, Council awarded the annual contract to supply pool chemicals to Amber Chemical, Incorporated in the amount of $75,000; renewable annually thereafter for four (4) consecutive one-year periods. City staff and Amber Chemical, Incorporated agree to the extension under the same terms and conditions. If approved, Amendment No. 1 will add $75,000 for a revised not to exceed amount of $150,000 and will extend term one year to expire in 2011. Sufficient funds are available to cover this contract amendment. Purchasing Division/kb &\PURCMADMIMAmendments 10-11V1mendment 01 to Agreement 09-171, Amber Chemical, AC Pool Chemicals, November 3, 2010.docx October 22, 2010, 8:1 GAM BA E OF ycouae,r~~s d ky ~L~ IFO ADMINISTRATIVE REPORT MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8 r ' TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 21, 2010 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER iw SUBJECT: Contract Change Order No. 6 to Agreement No. 09-121 with Klassen Corporation ($22,079.00; revised not to exceed $6,843,376.57) for the Sports Village Phase I Project (Ward 6). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for construction of eight soccer fields, restroom, concession stand, parking lot, a portion of Fair Play Drive, irrigation system, walkways and all infrastructure for Phase 1 of the planned Sports Village. This Change Order provides for the various changes "to the construction of the lake and the associated facilities. The changes are needed in order to provide for erosion control and irrigation contingencies should the primary water source for the lake be interrupted. The net cost increase of Change Order No. 6 is $22,079. The sum of all change orders to date on this project reflect a total cost increase of $135,209.57 (which is an increase of 2.0% of the original contract amount) as illustrated below: • Original Contract Amount = $6,708,167.00 • Amended Contract Agreement after Change Orders = $6,843,376.57 Net Increase to date = $ 135,209.57 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) October 21, 2010, 12:41 PM G:\GROUPDAT\ADMINRPT\2010\11-03\CCO 6 Sports Village Phase I.doc BAKE O~~weroR,re h'S F, ~ Ch ADMINISTRATIVE REPORT M LIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: , 5, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD - DATE: October 21, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 2 to Agreement No. 09-113 with Kern Pacific Construction ($99,500.00; revised not to exceed $3,229,728.59) for the Mesa Morin Sports Complex Project (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for construction of four softball fields, restroom, concession stand, irrigation system, walkways and all infrastructure for the Mesa Morin Sports Complex. This Change Order provides for all improvements in the concession area of the building except for the kitchen equipment. This is being done to make the concession area ready for the future concessioner to install the desired equipment for their operation. The contractor has agreed to construct these improvements for the lump sum price of $99,500. The net cost increase of Change Order No. 2 is $99,500. The sum of all change orders to date on this project reflects a total cost increase of $102,228.59 (which is an increase of 3.3% of the original contract amount) as illustrated below: • Original Contract Amount = $3,127,500.00 • Amended Contract Agreement after Change Orders = $3,229,728.59 Net Increase to date = $ 102,228.59 Sufficient funds are budgeted to fund this Change Order. Funding sources for this Change Order include Capital Outlay Funds and park development fees. RM (Construction) October 21, 2010, 2:22PM G:\GROUPDATIADMINRPT\2010\11-03\CCO 2 Mesa Merin Sports Complex.doc A O ADMINISTRATIVE REPORT ,o MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8. -f-, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 22, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 75 to Agreement No. 07-304 with Security Paving Construction ($64,696.38; revised not to exceed $32,983,349.70) for the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route 178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just east of the Oswell Street overcrossing to just west of Morning Drive. Change Order No. 75 provides for modifications to the westbound on ramp. The original construction plans specified that guard rail be installed on either side of this ramp where it connects to Fairfax Road. But when the contractor had this area surveyed, there was not enough room to install these railings. Instead, concrete barriers with crash cushions were needed in order to maintain Caltrans safety standards. This change also necessitates other modifications such as relocation of a maintenance vehicle pull out and adjustments to drain and irrigation systems. The net cost increase of Change Order Nos. 75 is $64,696.38. This provides a total cost increase of $3,653,903.60 which is a 12.4 % increase as illustrated below: • Original Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10 • Previous Change Orders = $ 3,589,207.22 • Current Change Order No. 75 = $ 64,696.38 • Amended Contract Agreement after Change Orders = $32,983,349.70 Net Increase to date = $ 3,653,903.60 At the May 5, 2010 City Council meeting, staff estimated that there were approximately $500,000 in outstanding change orders for this project. The actual figures are detailed, as follows: The change order brought forward for approval today is $64,696.38. This brings the total amount of change orders to actually be paid by the City (not Including those change orders paid by PB Americas as part of their ramp design error issue) since the May 5, 2010 meeting to $315,934.07. Deducting this amount from $500,000 leaves a balance of about $185,000.00 in change orders that staff projects, but have yet to be substantiated by Security Paving. When confirming information is received, the change orders will be brought to Council for approval. Tdw: G:\GROUPDAT\ADMINRPT\2010\11-03\Admin Rpt 00075 Fairfax Interchange Project Revl.docx SAKE OFyco~eos,re S e ADMINISTRATIVE REPORT C IL IF MEETING DATE: November 3, 2010 I AGENDA SECTION: Consent Calendar ITEM: A. Lt. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Department DATE: October 21, 2010 APPROVED DEPARTMENT HEAD . CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract with J&M Land Restoration, Inc. ($60,324.47) for revegetation project for Allen Road Bridge over Kern River (Ward 4). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: Environmental permits acquired for construction of Allen Road Bridge stipulated that areas which were disturbed by construction would be replanted with native species vegetation. The environmental consultant has completed their report recommendations as to the mitigation measures required to comply with the environmental permits. The planting will occur by the end of this calendar year since this planting season is most favorable to the native species vegetation. There is also a five year monitoring period for the new vegetation. The Engineer's Estimate was $105,000. Sufficient funds are budgeted to cover this contract. On October 12, 2010, a total of three bids were received; all of these bids are acceptable. Those acceptable bids are as follows: J&M Land Restoration 1640 James Road Bakersfield, CA 93308 (County) in amount of $60,324.47 Rock Bottom, Inc. 2724 Landco Dr. Bakersfield, CA 93308 (County) in amount of $89,143.61 Natures Image, Inc. 20472 Crescent Bay Dr., Ste 102 Lake Forest, CA 92630 in amount of $98,487.00 There is no General Fund impact associated with this project. (REB) (T4K142) G:\GR0UPDATWDMINRPT\2010\11-03\Admin Report -Allen Bridge Revegetation Project.doc MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8. V, TO: Honorable Mayor and City Council P ROVED FROM: Raul M, Rojas, Public Works Director DEPARTMENT HEAD DATE: October 21, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept Base Bid and Additive Alternate and approve contract to A-C Electric Company ($144,001.25) for the Traffic Signal and Lighting System Installation at the Intersection of Planz Road at Agate Street (Ward 7) RECOMMENDATION: Staff recommends acceptance of low base bid and additive alternate, and approval of contract. BACKGROUND: This project consists of installing: 1) a complete traffic signal and lighting system, 2) modifying existing sidewalk, pavement markings and striping, and 3) reconstructing access ramps to meet current with Disabilities Act (ADA) requirements. The Base Bid consists of the traffic signal installation. The Additive Alternate consists of replacing an existing six foot wide cross gutter with a 12 foot wide cross gutter. This signal installation is predominantly federally funded through the Congestion Mitigation and Air Quality (CMAQ) program. CMAQ funds will cover 88.53% of eligible project costs. The local match will be funded through traffic impact fees since this signal location is on the Traffic Impact Fee Facilities List. There are sufficient funds available to award the Base Bid and Additive Alternate for this project. On September 23, 2010, a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: A-C Electric Company Base Bid in the amount of 315 30th Street Additive Alternate Bakersfield, CA 93301 (City) Total (Base Bid + Additive Alternate) Traffic Development Services Base Bid in the amount of 4215 Tierra Rejada Road Additive Alternate Moorpark, CA 93021 Total (Base Bid + Additive Alternate) Loop Electric, Inc. Base Bid in the amount of 7040 Downing Avenue Additive Alternate Bakersfield, Ca 93308 (County) Total (Base Bid + Additive Alternate) There is no General Fund impact associated with this contract. PW/Engr/sl $109,001.25 $35,000.00 $144,001.25 $116,524.00 $22,901.00 $139,425.00 $124,925.10 $26,000-00 $150,925.10 October 21, 2010, 2:36PM G:\GROUPDAT ADMINRPT\2010\11-03\TOK228-PLANZ-AGATE SIGNAL.docx BA E OF 00 94 ADMINISTRATIVE REPORT LIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: , W. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 20, 2010 A PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept Base Bid and Selective Bid Alternate No. 1 and approve contract to Griffith Company ($71,554.00) for Street Improvements on Wible Road from Arvin- Edison Canal North 180 Feet (Ward 7). RECOMMENDATION: Staff recommends acceptance of low base bid and award of contract for Base Bid and Selective Bid Alternate No. 1. BACKGROUND: The project entitled "Street Improvements on Wible Road from Arvin-Edison Canal North 180 Feet" provides for construction of the roadway to full width on the southbound direction of Wible Road to alleviate traffic problems in this area. The Base Bid constructs curb and gutter, sidewalk, drive approach, modification of striping and road markings, and other miscellaneous work. In addition, two methods for constructing the roadway were considered during design. These two available methods are referred to Selective Bid Alternate Number 1 and Selective Bid Alternate Number 2. Both methods are acceptable for constructing the roadway. Bidders were required to provide a bid for both Selective Alternates to allow contractors to bid on the method that is most cost effective to them. Selective Bid Alternate Number One consists of constructing asphalt concrete over aggregate base. Selective Bid Alternate Number Two consists of constructing asphalt concrete to full depth. For each of the four bidders, the most cost effective method proved to be Selective Bid Number 1. This project is funded entirely with Transportation Development Funds. The Engineer's Estimate for this construction contract was $76,286. Sufficient funds are budgeted to award this contract. On September 15, 2010, four bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) In the amount of: Base Bid $43,926.00 Selective Bid Alternate No. 1 $27,628.00 Total Base Bid plus Selective Bid Alternate No. 1 $71,554.00 Information Only: Bid submitted for Selective Bid Alternate No. 2 was $40,209.00. GAGR0UPDAT\ADMINRPT\2010\11-03Wdmin Rpt Street Improv Wible Road TOK208 - revised.doc ADMINISTRATIVE REPORT Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (County) In the amount of: Base Bid $45,540.30 Selective Bid Alternate No. 1 $28,409.28 Total Base Bid plus Selective Bid Alternate No. 1 $73,949.58 Information Only: Bid submitted for Selective Bid Alternate No. 2 was $34,737.30. Burtch Construction 18815 Highway 65 Bakersfield, CA 93308 (County) In the amount of: Base Bid $44,749.80 Selective Bid Alternate No. 1 $40,888.88 Total Base Bid plus Selective Bid Alternate No. 1 $85,638.68 Information Only: Bid submitted for Selective Bid Alternate No. 2 was $45,940.23. Granite Construction 585 W. Beach Street Watsonville, CA 95076 (Out of Town) In the amount of: Base Bid $50,468.00 Selective Bid Alternate No. 1 $39,552.00 Total Base Bid plus Selective Bid Alternate No. 1 $90,020.00 Information Only: Bid submitted for Selective Bid Alternate No. 2 was $50,952.00. There is no General Fund impact associated with award of this project. JC PW Design GAGR0UPDATWDMINRPT\2010\11-03Wdmin Rpt Street Improv Wible Road TOK208 - revised.doc MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8- X. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /Y DATE: October 19, 2010 CITY ATTORNEY CITY MANAGER s SUBJECT: Accept bids from En Pointe Technologies Sales, Inc. ($4,015.72) and EDX Information Systems, Inc. ($40,044.67) for fifteen (15) Panasonic Toughbook mobile data computers for the Police Department and Information Technology Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for Toughbook mobile data computers. Twelve (12) bids were received in response to the solicitation. The Toughbook computers for the Police Department will be issued to new officers; seven (7) will be funded by the Jag/Byrne grant and seven (7) will be funded by State Law Enforcement Services Funding (SLESF). Funds are budgeted in the Equipment Replacement Fund for the purchase of one (1) Toughbook computer for use by Information Technologies. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split as follows: BIDDER AMOUNT En Point Tech. Sales, Inc. $ 4,015.72 Gardena, California ITEMS GROUP 1 - Panasonic CF30 MDC/2GB Memory (For Information Technology use) EDX Information Systems $40,044.67 Fremont, California A spreadsheet showing unit prices is attached. 14 - Panasonic CF31 MDC/2GB Memory (For Police Department use) Purchasing Division/kb SAPURCHWDMINWdmin 10-111Panasonic MDCs for PD, 10-11-35, November 3, 2010.docx BA Q~ ycoar0e4T~~s ADMINISTRATIVE REPORT Lteo MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8 , TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 29, 2010 Traffic Signal and Lighting System Installation on Hosking Avenue at South H Street (Ward 7): 1. Accept bid and approve contract to Loop Electric Inc. ($197,854.26) for project. 2. Appropriate $55,997 federal Congestion Mitigation Air Quality funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $25,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement Budget. APPROVED DEPARTMENT HEAD c CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends acceptance of low bid, approval of contract, and approval of appropriations. BACKGROUND: This project consists of installing a complete traffic signal and lighting system, modifying existing pavement markings and striping, and minor pavement widening. Access ramps will be constructed to meet current Americans with Disabilities Act (ADA) requirements. The signal installation is predominantly federally funded through the Congestion Mitigation and Air Quality (CMAQ) program. CMAQ funds will cover 88.53% of eligible project costs. The local match will be funded through traffic impact fees since this signal location is on the Traffic Impact Fee Facilities List. The Engineer's Estimate for construction was $210,695. On September 21, 2010, a total of two bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Loop Electric, Inc 7040 Downing Avenue Bakersfield, Ca 93308 (County) in the amount of $197,854.26 A-C Electric Company 315 30th Street Bakersfield, Ca 93301 (City) in the amount of $211,856.95 The current budget for the federal share of this project's cost does not reflect all available federal funding. Therefore, this Administrative Report recommends that the current budget be increased October 18, 2010, 9:55AM G:\GROUPDATWDMINRPT\2010\11-03WDMIN TOK229_HoskingH Loop.doc ADMINISTRATIVE REPORT by $55,997 in order to fully fund the CMAQ portion of this project. In addition, staff recommends increasing the project's local match budget to provide funding for contingencies. There is no General Fund impact associated with this project. PW/Engr/rlt October 18, 2010, 9:55AM G:\GROUPDAIIADMINRPT\2010\11-03WDMIN_TOK229_HoskingH_Loop.doc MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 18, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER e-5 SUBJECT: Accept bid from Wesco Distribution in the amount of $898,961.04 for Energy Efficient Decorative Lighting for Q Street Landscape Improvements from Truxtun Avenue to 24th Street for the Public Works Department, Engineering Division. (Ward 2) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over five hundred (500) suppliers for providing energy efficient decorative lighting. Three (3) bids were received in response to solicitation. A partial bid was received from Consolidated Electrical Distribution. Public Works staff has determined to ensure the uniformity of the Mill Creek design elements of the project, all components must come from one vendor. In addition, Consolidated Electrical Distribution failed to acknowledge receipt of an Addendum that modified the bid document whereby rendering their bid unacceptable. Therefore, award is recommended to the lowest complete bid. This project will be funded by the State of California Department of Housing and Community Development Infill Infrastructure Grant (IIGP). There is no General Fund impact associated with this project. The two complete bids are as follows. Bidder Wesco Distribution Bakersfield, CA Jam Services, Inc. Livermore, CA Amount $ 898,961.04 $1,125,718.81 Staff finds the bid submitted by Wesco Distribution, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 10-11\,Streetscape Improvements, Q St Energy Efficient Decorative Lighting, 10-11-27, November 3, 2010.docx October 25, 2010 MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: 8 ELA-. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓S DATE: October 19, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Resource Machinery & Engineering, LLC in the amount of $518,301.00 for one (1) replacement compost 20 foot windrow turner for the Public Works Department, Solid Waste Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing windrow turners to be used by the Solid Waste Division. Four (4) bids were received in response to solicitation. The low bid, an alternate proposal submitted by Resource Machinery & Engineering, LLC, did not meet minimum specification in two primary areas; poor visibility to the front and rear which is a safety issue and the machine was equipped with a smaller, slower turning drum that would increase production time and operational costs. The second lowest bid submitted by Vermeer Pacific did not meet the minimum specifications in the following areas; the rotating drum has a one year warranty, specifications call for lifetime warranty, hydraulic system is undersized and a plow was not included. The non-alternate proposal submitted by Resource Machinery & Engineering, LLC meets minimum specifications and is considered acceptable by staff. Funds are available in the Equipment Replacement Fund for the purchase of one (1) replacement unit. The new unit will replace a 16 year old windrow turner that does not meet CARB emission requirements. The four (4) bids received in response to solicitation are as follows. BIDDER Resource Machinery & Engineering, LLC Ventura, CA Vermeer Pacific Fowler, CA Resource Machinery & Engineering, LLC Ventura, CA Bejac Corporation Placentia, CA AMOUNT $469,588.50 Alternate Bid-Does not meet minimum specifications $474,358.50 Unacceptable Bid-Does not meet minimum specifications $518,301.00 Acceptable Bid-Meets or Exceeds minimum specifications $588,966.60 Acceptable Bid-Meets or Exceeds minimum specifications Purchasing Division/kb SAPURCHWDMIN\Admin 10-11\Compost 20 ft windrow turner, 10-11-31, November 3, 2010.docx October 20, 2010 MEETING DATE: November 3, 2010 AGENDA SECTION: Consent Calendar ITEM: $ , b b , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 19, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bids from ADM Supplies, Inc. ($10,476.69), Western Pacific Signal ($16,079.57) and McCain, Inc. ($66,897.98) for signal equipment. (Citywide) RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUN-D: Invitations to bid were sent to over four hundred (400) suppliers for signal equipment. Six (6) bids were received in response to the solicitation. Funding sources for this purchase are a combination of federal road funds and local transportation development funds. No general fund dollars are being used. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split as follows: BIDDER AMOUNT ADM Supplies, Inc. $10,476.69 Chino Hills, California Western Pacffic Signal $16,079.57 San Leandro, California McCain, Inc. $66,897.98 Vista, California A spreadsheet showing unit prices is attached. ITEMS GROUP Signal i nterru ption /Pre-emption Equipment (Opticom) Controller Equipment Signal Poles & Mast Arms Encom Equipment Purchasing Division/kb SAPURMADMINWdmin 10-11\Signal Equipment, 10-11-33, November 3, 2010.docx BAKE ~,wvoe,re ~s ADMINISTRATIVE REPORT cgLIFO MEETING DATE: November 3, 2010 AGENDA SECTION: Hearing ITEM: !D .ci . TO: Honorable Mayor and City Council APPROVED FROM: Phil Burns, Building Director DEPARTMENT HEAD DATE: October 14, 2010 CITY ATTORNEY Q CITY MANAGER SUBJECT: First reading of ordinance amending sections 15.04, 15.05, 15.07, 15.09, 15,11, 15.13, 15.15, and adding sections 15.17 and 15.19 of the Building and Construction codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code and California Green Building Code RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The State of California recently adopted new versions of the California Building Code (CBC), Mechanical Code, Plumbing Code, Electrical Code, California Existing Code, Historical Building Code and added a new California Residential Code and Green Building Code, hereinafter collectively referred to as state codes, This is part of the normal code adoption cycle which occurs every three years after the publication of the new national model codes. In the previous cycle, California merged the International Building Code and International Residential Code into one California Building Code. This cycle the Residential and California Building Codes have remained separate and consistent with the International Building Code. State law requires that the City of Bakersfield ("City") adopt the above state codes by January 1, 2011. The adoption of the state codes by general law and charter cities is mandatory. However, state law permits the City to amend these state codes to make them more restrictive as long as such restrictions are based upon climatic, geological, and/or topographical reasons. The new state codes include some major revisions that will impact the cost of a new single family home. The California Residential Code includes a requirement for fire sprinklers in all new single and two-family dwellings, This is a "life safety" system that will be connected to the domestic water service. Additionally, California adopted a Green Building Code which requires several new mandatory measures such as Irrigation Controllers with moisture probes, water fixtures (e.g., dual flush toilets, water faucets) with 20% reduced flow, whole house fan, and many others. These items along with the new requirements per the California Energy Code increase the construction costs of a new home. October 14, 2010, 3:08PM S:\Building\Ordinances\Hdmin Report - Building and Const Code2010- 1streadingl1-03-10.doc ADMINISTRATIVE REPORT For the most part, the City's proposed amendments to the state codes are technical and minimal in nature. As proposed, two key amendments go beyond state law by prohibiting the use of wood foundation systems and retaining walls within seismic zones D, E or F. In addition, another amendment allows the use of a wood foundation for a storage shed or similar use up to 240 square feet. City staff met with the Legislative Branch of the local Home Builders Association (HBA) about the adoption of the new state codes and proposed amendments. The HBA members' main concern was if any of the proposed amendments would affect the way they currently build a single family home. As proposed, the amendments do not significantly alter existing practices. Due to the more restrictive amendments mentioned above a hearing is needed to give the public an opportunity to comment on the new code changes at the next City Council Meeting. Additionally, in October staff started conducting a series of classes regarding the code changes. These classes educate local architects, contractors and homeowners about the changes to the code, BW/V1 October 14, 2010, 3:10PM S:\Building\Ordinances\Admin Report -Building and Const Code2010- Istreadingl 1-03-10.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 13, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. 2. INVOCATION by Pastor Brent Van Elswyk, Riverlakes Community Church. 3. PLEDGE OF ALLEGIANCE by Jordyn Lynn Reyes, 2nd grade student at Suburu Elementary School. Mayor Hall acknowledged the political science classes from CSUB and Bakersfield College, and the Ridgeview High School government class in attendance at the meeting to learn about City government. 4. WORKSHOPS None. 5. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to the Gamez family declaring October 13, 2010, Mexicali Restaurant Day. Members of the Gamez family received the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Jim Darling, on behalf of Bakersfield's Rotary Clubs, declaring October 23, 2010, Polio Eradication Day. ACTION TAKEN Mr. Darling received the Proclamation and made comments. Bakersfield, California, October 13, 2010 - Page 2 5. PRESENTATIONS continued c. Presentation by citizen Bennett Rosenberg of Certificate of Appreciation to Police Officers Cooper and Schlecht. Police Officer Cooper accepted the Certificate. 6. PUBLIC STATEMENTS a. Dennis Fox spoke in opposition to Proposition 21 and submitted written material. b. Robert Melton, Bakersfield Firefighters Local 246, spoke in support of Pink Ribbon Month. C. Stephanie Campbell, President of the Martin Luther King Committee, spoke regarding reserving the Martin Luther King Community Center annually for the MLK Day celebration events, asked the City Council to adopt a Resolution, and submitted written material. Councilmember Carson referred this issue to the Community Services Committee. d. Lisa Grod, Administrator for the William J. "Pete" Knight Veterans Home in Lancaster, spoke regarding the Home and submitted written material. 7. APPOINTMENTS None. 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the September 22, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR, COUCH September 10, 2010 to October 1, 2010 in the amount of $16,300,791.66 and self- insurance payments from September 10, 2010 to October 1, 2010 in the amount of $381,312.86. Bakersfield, California, October 13, 2010 - Page 3 8. CONSENT CALENDAR continued Ordinances: None. Resolutions: C. Resolution determining that Bridgeport Manufacturing parts for Bridgeport Ranger automated side loader bodies, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase parts from Refuse Power Systems, not to exceed $607,000. d. Resolution determining that the Chief of Police is appointed as agent authorized to execute Memorandums of Understanding with the Kern allied agencies participating in the Kern AVOID 18 Project funded by a grant from the California Office of Traffic Safety. e. Resolution forming a Traffic Signal Maintenance District, designated at TS-21 (Stockdale, Allen SE & NE) and preliminarily adopting, confirming and approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution to add territory, Area 2-45 (12225 & 12775 Stockdale Highway) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. g. Resolution of Intention No. 1676 to add territory, Area 4-98 (2116 P Street & 900 22nd Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Agreements: h. Agreement with Kern County Water Agency ($304,880) to realign the Cross Valley Canal in preparation for the construction of Westside Parkway Phase II. (TRIP) ACTION TAKEN RES 116-10 RES 117-10 RES 118-10 RES 119-10 ROI 1676 AGR 10-147 Bakersfield, California, October 13, 2010 - Page 4 8. CONSENT CALENDAR continued Sponsorship of Movies in the Park series at City parks: 1. Agreement with San Joaquin Community Hospital Foundation ($7,000) to present Movies in the Park series. 2. Appropriate $7,000 contribution from the San Joaquin Community Hospital Foundation made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Movies in the Park series. 2011 Healthcare Agreements: 1. Amendment No. 1 to Agreement No. 09-133 with Met Life Insurance Co. for preferred provider dental insurance for eligible employees. 2. Amendment No. 6 to Agreement No. 05-422 with PacifiCare Behavioral Health of California for emotional health care insurance for eligible employees. k. Department of Water Resources Locally Owned Levee Evaluation Program: Amendment No. 1 to Agreement No. 08-056 with Meyer Civil Engineering, Inc. ($227,750; revised not to exceed $527,750) to complete a field investigation and engineering study of City operated and maintained levees. 2. Appropriate $227,750 State Grant Revenue (Proposition 84) to the Water Resources Capital Improvement Budget within the Agriculture Water Fund to fund the amendment. Amendment No. 1 to Agreement No. 09-062 with Golden Empire Affordable Housing, Inc. II to assign the agreement and all interest to Haven Cottages, LLC for the 24 unit supportive housing project located at the northeast corner of S. Union Avenue and E. White Lane. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 09-133(1) AGR 05-422(6) AGR 08-056(1) AGR 09-062(1) Bakersfield, California, October 13, 2010 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN M. Amendment No. 2 to Agreement No. 07-172 AGR 07-172(2) with Mead & Hunt, Inc. ($42,918; revised not to exceed $309,117) for construction services of the Southwest Hangar Development airport taxilane and apron expansion project. AGR 10-084(1) n. Amendment No. 1 to Agreement No. 10-084 with Kenneth D. Schmidt and Associates (extend term to December 31, 2012 and no change to compensation) to provide general groundwater consulting at Wastewater Treatment Plant Nos. 2 and 3. o. Contract Change Order No. 3 to Agreement AGR 09-072 No. 09-072 with AC Electric Co. ($12,830; revised 0003 not to exceed $138,912.83) for the Traffic Signal and Lighting System Modification at Columbus Street and Mt. Vernon Avenue Project. P. Contract Change Order No. 1 to Agreement AGR 10-014 No. 10-014 with KLM Construction ($12,389.40; 0001 revised not to exceed $80,334.40) for the Pier Cap Strengthening Beale Avenue Overcrossing Project. q. Contract Change Order Nos. 93 and 94 to AGR 00093 07,-304 04 Agreement No. 07-304 with Security Paving Construction ($27,706.46; revised not to exceed $32,918,653.32) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: Kern River Upland and River Edge Restoration Project: Accept bid and approve contract with AGR 10-149 Elite Landscaping, Inc. ($1,664,943) for project. 2. Appropriate $314,000 Park Improvement Fund balance (Zone 2 Development Fees) to the Recreation and Parks Department Capital Improvement Budget within the Park Improvement Fund. Bakersfield, California, October 13, 2010 - Page 6 8. CONSENT CALENDAR continued Item 8.r. continued 3. Amendment No. 3 to Agreement No. PW 10-024 with Quad Knopf, Inc. ($18,550; revised not to exceed $49,850) for additional environmental services and site monitoring during construction. Accept bid and approve annual contract with Jim Alfter Cement Contractor (not to exceed $190,577.50) for canal liner repair. t. Accept bid and approve contract with Security Paving Co. ($2,104,870.50) for Street Improvements: McCutchen Road from Gosford Road to Ashe Road and Waterline Extension to Wastewater Treatment Plant 3 Project. U. Accept bid and approve contract to Griffith Co. ($2,800,112) for Street Improvements: Gosford Road from Taft Highway to McCutchen Road Project. Miscellaneous: V. Appropriate $1,813,325 North of the River (NOR) Park Development Fees to the Recreation and Parks Department Capital Improvement Budget within the Park Improvement Fund for the Polo Community Park Project. W. Proposed modifications to projects funded with Proposition 1 B, State Transportation Revenue Funds: l . Transfer $100,778 from savings realized on Street Improvements, Stockdale Highway from Country Club Entrance to Ashe Road and from California Avenue to Weatherly Drive Project to fund Traffic Signal Modification on Stockdale Highway at Montclair Street within the Gas Tax Fund. ACTION TAKEN AGR 10-150 AGR 10-151 REMOVED FOR SEPARATE CONSIDERATION AGR 10-153 Bakersfield, California, October 13, 2010 - Page 7 8. CONSENT CALENDAR continued Item 8.w. continued 2. Transfer $225,000 from savings realized on Street Improvements, Stockdale Highway from Country Club Entrance to Ashe Road and from California Avenue to Weatherly Drive Project to fund Pavement Rehabilitation on Stine Road from Panama Lane to Pacheco Road within the Gas Tax Fund. 3. Appropriate $100,000 Gas Tax Fund balance to the Public Works Department Capital Improvement Budget to fund the balance of estimated costs for the Pavement Rehabilitation on Stine Road from Panama Lane to Pacheco Road Project. 4. Transfer $133,817 from a budgeted Public Works Capital Improvement Project (Street Improvement - White Lane from Dovewood to Wible Road) to Stockdale Highway project within the Gas Tax Fund. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on item 8.1b. Vice-Mayor Scrivner requested that item 8.1. be removed for separate consideration. Councilmember Weir requested that item 8.t. be removed for separate consideration. ACTION TAKEN Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.w., with the removal of items 8.1. and 8.t. for separate consideration. Bakersfield, California, October 13, 2010 - Page 8 8 CONSENT CALENDAR continued ACTION TAKEN Sponsorship of Movies in the Park series at City parks: 1. Agreement with San Joaquin Community Hospital Foundation ($7,000) to present Movies in the Park series. 2. Appropriate $7,000 contribution from the San Joaquin Community Hospital Foundation made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Movies in the Park series. Vice- Mayor Scrivner recognized Kevin Burton, representative of the San Joaquin Community Hospital Foundation, who made comments regarding this item. Motion by Vice-Mayor Scrivner to adopt Consent Calendar item 8.1. Accept bid and approve contract with Security Paving Co. ($2,104,870.50) for Street Improvements: McCutchen Road from Gosford Road to Ashe Road and Waterline Extension to Wastewater Treatment Plant 3 Project. At the request of Councilmember Weir, Public Works Director Rojas made comments regarding this item. Motion by Councilmember Weir to adopt Consent Calendar item 8.t. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the Waiver of Direct Access along Parcel 1 of Parcel Map No. 10898 at 3707 Coffee Road. (Staff recommends adoption of resolution.) b. Public Hearing to consider Resolution ordering the Summary Vacation of a portion of the flowage and drainage easement located at the southwest corner of Polo Community Park on Old Farm Road. (Staff recommends adoption of resolution.) AGR 10-148 APPROVED AGR 10-152 APPROVED RES 120-10 RES 121-10 Bakersfield, California, October 13, 2010 - Page 9 9. CONSENT CALENDAR PUBLIC HEARINGS continued c. General Plan Amendment No. 10-0334; The Public Works Department proposes a text amendment to the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways. (Staff recommends adoption of resolution.) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION Resolution approving the Notice of Exemption, adopting the general plan amendment changing the text of the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways. d. Public Hearing to consider Resolution setting domestic water availability fee for Ashe, Fairhaven and Riverlakes Ranch service areas of City Water System. (Staff recommends adoption of resolution.) Consent Calendar Public Hearings opened at 5:49 p.m. Councilmember Couch requested that item 9.c. be removed for separate consideration. Consent Calendar Public Hearings closed at 5:50 p.m. Motion by Vice-Mayor Scrivner to adopt Consent Calendar Public Hearing items 9.a. through 9.d., with the removal for separate consideration of item 9.c. c. General Plan Amendment No. 10-0334; The Public Works Department proposes a text amendment to the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways. (Staff recommends adoption of resolution.) Resolution approving the Notice of Exemption, adopting the general plan amendment changing the text of the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways. RES 123-10 RES 122-10 Consent Calendar Public Hearing item 9.c. opened at 5:50 p.m. Bakersfield, California, October 13, 2010 - Page 10 9. CONSENT CALENDAR PUBLIC HEARINGS continued Item 9.c. continued Councilmember Couch announced he would abstain from this item. Consent Calendar Public Hearing item 9.c. closed at 5:50 p.m. Motion by Vice-Mayor Scrivner to adopted Consent Calendar Public Hearing item. 9.c. ACTION TAKEN APPROVED ABS COUCH 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Weir asked staff to arrange for the actuary to make a presentation to the full Council, after the new Council Members are seated, regarding changing the subsidy for health care benefits from a percentage subsidy to a flat dollar amount, and that this matter be placed as an action item on that agenda to approach the various labor groups, and try to come to some accommodation for the recommendations that will be presented at that Council meeting. Councilmember Sullivan explained, for the benefit of the students in the audience, that applause is allowed during Presentations when someone is being recognized, but not during Public Statements. Councilmember Sullivan announced she had the pleasure of attending the Bakersfield Business Conference on Saturday. Bakersfield, California, October 13, 2010 - Page 11 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN In response to a question from Councilmember Hanson, City Manager Tandy provided an update regarding the burrowing owl issue at Greystone Park, and stated if the matter is not resolved soon, that the residents in the neighborhood will be informed. Mayor Hall expressed his appreciation to staff for posting the dates of the Mayor's Freeway Cleanup on the City's television broadcast site; and commended the Police Department for the increased enforcement at the landfill. Mayor Hall thanked the staff from Recreation and Parks, Economic and Community Development, TRIP, the Convention and Visitors Bureau and the Greater Bakersfield Chamber of Commerce for their involvement in the Mayor's tent at the Bakersfield Business Conference on Saturday. 15. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following: State Water Resources Control Board - Reference No. KMG:A31674 2. North Kern Water Storage District, et al v. State Water Resources Control Board; City - K.C.S.C. Case No. S-1500-CV- 270613-KCT b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(b)(1)(3)(A). (One matter) Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED Session at 6:00 p.m. Motion by Councilmember Benham to adjourn from APPROVED Closed Session at 6:15 p.m. RECONVENED MEETING AT 6:18 p.m. Bakersfield, California, October 13, 2010 - Page 12 16. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following: 1. State Water Resources Control Board - Reference No. KMG:A31674 2. North Kern Water Storage District, et al v. State Water Resources Control Board; City - K.C.S.C. Case No. S-1500-CV- 270613-KCT b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(b)(1)(3)(A). (One matter) 17. ADJOURNMENT Mayor Hall adjourned the meeting at 6:18 p.m. MAYOR of the City of Bakersfield, CA ATTEST: ACTION TAKEN CITY ATTORNEY GIVEN DIRECTION CITY ATTORNEY GIVEN DIRECTION CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield