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HomeMy WebLinkAbout03/30/11_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 30, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Reverend Antonio Alfred, St. John's Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Alyssa Burton, 6m grade student at Patriot Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Bob Lerude, Chairperson, Keep Bakersfield Beautiful Committee, declaring April 9, 2011 Great American Cleanup Day. b. Presentation by Mayor Hall of a Proclamation to Judy Normoyle, declaring April 2011 National Donate Life Month. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS a. One appointment to the Historic Preservation Commission due to the expiration of term of Nancy Talbot, whose term expires March 30, 2011. Staff recommends Council determination. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 9, 2011 Regular City Council Meeting. Payments: b. Approval of department payments from February 25, 2011 to March 17, 2011 in the amount of $21,870,986.89 and self-insurance payments from February 25, 2011 to March 17, 2011 in the amount of $325,620.46. Ordinances: (ward 4,7) c. Adoption of Ordinance amending Municipal Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 601 consisting of 19.72 acres located at the southeast corner of Hageman Road and Allen Road to Ward 4 and Annexation No. 606 consisting of 5.7 acres located along the south side of McKee Road, between Ellashosh Street and State Route 99 to Ward 7. (FR 03109111) 8. CONSENT CALENDAR continued Resolutions: (Ward 1) d. Sewer connection and construction fees assessments for 125 Dunlap Street: Resolution confirming assessments for sewer connection and construction fees and authorizing collection of assessments by the Kern County Tax Collector. 2. Agreement with Cathy A. White (aka Cathy A. Jestice) to pay sewer connection and construction fees in installments and notice of special assessment lien, e. 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. f. CHP Arrive Alive Sober Driving Coalition II: Resolution authorizing the Police Department to amend the partnership entered into with the CHP, by Memorandum of Understanding, to participate in the grant funded CHIP Arrive Alive Sober Driving Coalition II, Bakersfield Eastside DUI Corridor Safety Project, Grant No. ALI 0109. 2. Appropriate $23,000 Federal Grant Revenues (Arrive Alive Sober Driving Coalition II, Bakersfield Eastside Coalition II, Bakersfield Eastside DUI Corridor Safety Project, Office of Traffic Safety Grant No. ALI 0109) to the General Fund Police Operating Budget to fund overtime for traffic enforcement strategies along State Routes 178 and 58 within the greater Bakersfield area. Agreements: (Ward 3) g. Agreement with Connors Concessions (3 year term) to provide concession services at Mesa Marin Sports Complex. (Ward 2) h. Agreement with State of California Department of Transportation to relinquish State Route 178 (24th Street) in advance of construction of the 24th Street Improvement Project, from the western side of the Kern River Bridge, located west of Oak Street and continuing east to M Street. (TRIP) I. Agreement with Brown Armstrong Pauiden McCown Starbuck Thornburgh & Keeter ($60,989) for full scope annual audit of the 2010-11 fiscal year. j. Amendment No. 1 to Agreement No. 11-003 with Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to exceed $180,000) for outside legal services for City v. Wanamaker, et al., KCSC Case No. S-1500-CV-264881 SPC and City v. Wanamaker, et al., KCSC Case No. S-1500-CV-269940 SPC. (Ward 2) k. Contract Change Order Nos. 1 and 2 to Agreement No. ED11-002 with Housley Demolition Excavation ($17,099; revised not to exceed $38,779) for the Downtown Demolition Project - 700 California Avenue and 1231 R Street. Bids: 1. Accept bid from Johnson Equipment Co. ($71,439.15) for 30 light bars and siren controllers for the Police Department. 2 City Council Meeting of 03/30/2011 8. CONSENT CALENDAR continued M. Accept bid and approve annual contract with San Joaquin Fence & Supply (not to exceed $324,002.90) for installed fencing. (Ward 5) n. Accept bid and approve contract with Griffith Co. ($323,799) for traffic signal and lighting system installation on Panama Lane at Old River Road. (Ward 6,7) o. Pavement Rehabilitation 2010 Phase 2 - Stine Road from Panama Lane to Pacheco Road: 1. Accept bid and approve contract with Bowman Asphalt, Inc. ($2,437,132.30). 2. Appropriate $400,000 additional gas tax revenues to the Public Works Department Capital Improvement Budget within the Gas Tax Fund. (Ward 1) p. Accept bid and approve contract with GSE Construction Co. Inc. ($4,688,000) for construction of the Wastewater Treatment Plant No. 2 Septage and Grease Receiving Station and Odor Control Project. (Ward 1-4,7) q. Accept base bid and additive alternates Nos. 1 and 2, and approve contract with Loop Electric, Inc. ($684,334) for Installation of Traffic Signal Interconnect - Part 8 Project. Miscellaneous: r. Appropriate $75,443.83 County Grant Revenues (HIDTA) to the Police Department Operating Budget within the General Fund toward the cost of surveillance equipment. S. Street Maintenance Program: 1. Appropriate $1,474,074 Gas Tax Fund balance (State Traffic Congestion Relief Funds) to the Public Works Department Capital Improvement Budget for road rehabilitation. 2. Transfer $1,300,000 of the Public Works Department Operating Budget to the Public Works Department Capital Improvement Budget for road rehabilitation within the Gas Tax Fund. t. Miscellaneous Civil Service Rules & Regulations. U. Revised job specification - Assistant Superintendent. Staff recommends adoption of Consent Calendar items 8.a, through 8.u. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 549569 regarding City v. Wanamaker, et al - KCSC Case No. S-1500-CV-269940 SPC, b. Public Employee Performance Evaluation - City Manager, Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. RECESS TO CLOSED SESSION 3 City Council Meeting of 03/30/2011 11. CLOSED SESSION ACTION 12. HEARINGS (Word 2) a. Public Hearing to consider Resolution ordering the vacation of 27thStreet between the east right-of-way of Chester Avenue and the west right-of-way of K Street and a portion of the north south alley between 28th Street and 26th Street. Staff recommends hearing be opened and continued to the April 13, 2011 meeting. 13. REPORTS a. Report on the FY 2010/11 Budget, to include, by department, current revenues/ expenditures and anticipated budget savings and costs associated with required court appearances by Police staff. 14. DEFERRED BUSINESS a. City Council Goals Update - Phase 2; Review of Proposed Revisions. Staff recommends Council review the attached goals including new updates and bring back at future meeting for adoption. 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, r>~ Alan Tandy City Manager 3/24/11 2:30am 4 City Council Meeting of 03/30/2011 J AGENDA HIGHLIGHTS March 30, 2011 COUNCIL MEETING REGULAR MEETING - 5:15 p.m. CONSENT CALENDAR Ordinances Item 8c. Adoption of Ordinance to annex properties in Wards 4 and 7 Annexation 601 is located at the southeast corner of Hageman and Allen Roads In Ward 4. The property owners, Craig Hummel and Mike Leggett requested annexation for development services and to receive City services. Annexation 606 is on the south side of McKee Road, between Eliashosh Street and SR 99 In Ward 7. The City initiated this annexation to eliminate a County island. The property owner, Gabriel Cruz did not submit an objection. Both annexations have been approved by LAFCo. The first reading of this item was on the March 9, 2011 Council agenda. Agreements Item 8g. Agreement for concession services at Mesa Marin Sports Complex In anticipation of the opening of this new northeast sports facility, RFPs were sent to 72 food and catering vendors. Three acceptable proposals were received; Connors Concessions was the only proposal that met all the criteria in the RFP, including submission of a business plan, evidence of experience in concession operations, menu items and pricing, and staffing certificates. Under the terms of the agreement, 20% of the gross sales will be retained by the City, to be remitted on a monthly basis. Staff recommends award of the contract to Connors Concessions. Item 8h. Aareement with CalTrans for relinquishment of SR 178 (24th Street) for the 24th Street Improvement Project, a TRIP project. This agreement will implement the relinquishment of an areas of SR 178 (24th Street) from the Kern River Bridge, west of Oak Street, east to M Street. By taking this action, the City will be exempt from State design standards that would require more road width for shoulders, which would significantly increase the costs of the project. Subsequent to this action, the relinquishment must be approved by the CTC, and is currently on their agenda for May, 2011. Bids Item 8o. Accept bid and approve contract for road reconstruction on Stine Road, from Panama Lane to Pacheco Road. This project will Include pavement reconstruction, access ramps, curb and gutter modification, striping, pavement markings, and traffic signal detour loops. The majority of costs ($1,748,004) will be funded with federal RSTP funds, with the balance being paid from local gas tax revenues. There were four bids received; all were acceptable. Staff recommends award to the lower bidder, Bowman Asphalt, in the amount of $2,347,132.30. This action also Includes a $400,000 appropriation of gas tax revenues to the Public Works Capital Improvement Budget. Item 8p. Accel2t bid and award contract for construction of WWTP # 2 Septaae and Grease Receivina Station and Odor Control' Prolect This item is for the construction of o new great/septage receiving station for treatment of grease and septage waste and an odor control system. There were eight bids received; all acceptable. There were two protest letters received on behalf of the second lower bidder. However, Public Works and City Attorney staff determined that their assertions lacked basis in fact, as explained In further detail in the Administrative Report. Staff recommends award to the lower bidder, GSE Construction, in the amount of $4,688,000.00. This project will be entirely funded from Sewer Enterprise funds. Item 8q. Accept bid and award contract for Installation of a traffic signal interconnect (Phase 88). This is a budgeted project to install Interconnect conduit and wiring along ten various road segments throughout the city, as listed in the Administrative Report. The majority of the funding (88.53%) is from federal the Congestion Mitigation and Air Quality Program funds, with the remainder being funded from local gas tax revenues. Three bids were submitted; all acceptable. Staff recommends award to the low bidder, Loop Electric, In the amount of $684,334.00. This includes the base bid amount of $645,834.00, and Additive Alternates 1 and 2. Additive Alternate No. 1, in the amount of $20,000, includes replacement of the traffic signal controller cabinet and internal equipment (computer controller and all hardware to make the signal operate) at two locations, H Street at Wilson Road and H Street at Belle Terrace. The current equipment in the field has reached the end of Its serviceable life and needs to be replaced. Additive Alternate No. 2, In the amount of $10,000, will include the relocation of traffic signal power pedestals and equipment at two locations, H Street at Wilson Road and H Street at Belle Terrace. Miscellaneous Item 8s. Appropriation of State Gas Tax Funds and for the street maintenance program The City has $2,322,915 of unexpended Traffic Congestion Relief (fCR) funds, previously allocated by the State from the state gasoline sales tax. $1,474,074 was received in FY 09/10, which the City Is required to use by the end of FY 10/11. Staff wishes to appropriate that amount to the Public Works Street Maintenance Division for road rehabilitation of residential streets and preventative maintenance throughout the city. (The remaining $848,841 of the TCR funds must be used by the end of FY 2011/12 and will be programmed Into the FY 11 /12 CIP budget.) This action also includes the transfer of $1,300,000 from the Public Works street maintenance operating budget to the capital Improvement budgeted within the Gas Tax Fund. This will fund road rehabilitation on various collectors and arterials now under design. There are no General Funds Included in this action. There are two Items: a conference with legal counsel regarding one matter of existing litigation and the City Manager's performance evaluation. Agenda Highlights - March 30, 2011 Council Meeting Page 2 RE-PORTS Based on requests from Couciimember Johnson and Mayor Hall, there will be a brief status report on the FY 2010/11 budget, including current revenues and expenditures, expected expenditures, and anticipated budget savings, by department, as well as the costs associated with required court appearances by Police staff. DEFERRED BUSINESS Item 14. Phase 2 in the review of the City Council Goals will include an overview of the new updates that have been made at this point in the process. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - March 30, 2011 Council Meeting Page 3 A O,w ADMINISTRATIVE REPORT ~;L® 1 0 MEETING DATE: March 18, 2011 AGENDA SECTION: Presentations ITEM: q.a TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD) DATE: March 30, 2011 CITY ATTORNEY CITY MANAGER S SUBJECT: Presentation by Mayor Hall of a Proclamation to Bob Lerude, Chairperson of the Keep Bakersfield Beautiful Committee, declaring April 9, 2011, "The Great American Cleanup Day" in Bakersfield. RECOMMENDATION: BACKGROUND: krt A haw ADMINISTRATIVE REPORT LIFO MEETING DATE: March 18, 2011 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: March 30, 2011 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to Judy Normoyle, declaring April "National Donate Life Month" in the City of Bakersfield. RECOMMENDATION: BACKGROUND: krt MEETING DATE: March 30, 2011 19t6L SECTION: Appointments TO: FRO M: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk March 17, 2011 One appointment to the Historic Preservation Commission due to the expiration of term of Nancy Talbot, whose term expires March 30, 2011. APPROVED DEPARTMENT HEAD CITY ATTORNEY V~ CITY MANAGER ~S RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there is one appointment to the Historic Preservation Commission due to the expiration of term of Nancy Talbot, whose term expires March 30, 2011. The news release for this recruitment was posted February 1, 2011. Applications for appointment have been received from the following six individuals: • Nancy Talbot • Barbara Bates • Philip Beglin • Cynthia Icardo • Barbara Kessler • Joel Moreno The Commission is composed of five members. Nominations to this Commission are made by the full Council. The Historic Preservation Commission is an advisory body to the City Council. Members must be residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term. The Commission reviews applications for Cultural Resource designations and applications for Historic Districts, in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the City Council. The Commission presides and conducts public hearings on designation applications, and makes recommendations to the City Council. Meetings are held on the third Tuesday of each month at 4:00 p.m., as needed. RG:al March 17, 2011 1:57 PM VABds&Comm\HPC\2011 \ADMIN Mar 2011.docx A ° ADMINISTRATIVE REPORT C Ulu i MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: a TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 4 4 DATE: March 18, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the March 9, 2011 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw MEETING DATE: March 30, 2011 JAGENDA SECTION: Consent Calendar ITEM: % TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 17, 201 1 CITY ATTORNEY D. CITY MANAGER ~J SUBJECT: Approval of department payments from February 25, 2011 to March 17, 2011 in the amount of $21,870,986.89 and Self Insurance payments from February 25, 2011 to March 17, 2011 in the amount of $325,620.46. RECOMMENDATION: Staff recommends approval of payments totaling $22,196,607.35. BACKGROUND: March 17, 2011, 3:20PM S:\Kim GWDMIN\COUNCIL-ADMIN-AP-2011 WDMIN-AP 033011.doc MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: 6 .C, TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: March 10, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER J SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section § 1. 12.040 and §1.12.070 by adding Annexation No. 601 consisting of 19.72 acres, located at the southeast corner of Hageman Road and Allen Road to Ward 4 and Annexation No. 606 consisting of 5.7 acres, located along the south side of McKee Road, between Ellashosh Street and State Route 99 to Ward 7. (Wards 4 & 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on March 9, 2011. This ordinance amends the ward boundaries to include Annexations 601 and 606 into their corresponding Council ward. These annexations were recently approved by LAFCO. Annexation No. 601 is located at the southeast corner of Hageman Road and Allen Road. The annexation territory consists of 19.72 acres of undeveloped land. The property owners (Craig Hummel and Mike Leggett) requested annexation for development purposes and to receive city services. This area will be included into Ward 4. Annexation No. 606 is located along the south side of McKee Road, between Ellashosh Street and State Route 99. The site is developed with a residential home site and a trucking/storage business located in the back portion of the property. This annexation was initiated by the city to eliminate the small county island within the McKee Road area. A protest hearing was conducted by the Local Agency Formation Commission (LAFCo) on October 26, 2010. The property owner, Gabriel Cruz, did not submit any objection to the annexation. This area will be included into Ward 7. JE:dl S:\Annexation\0rdinances\2011\Admin adopt-3-30-11 601 & 606.doc MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: , c t, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 2, 2011 Sewer connection and construction fees assessments (Ward 1): 1. Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Cathy A. White (aka Cathy A. Jestice), 125 Dunlap Street, to pay sewer connection and construction fees through the Kern County Taxes. A notice of special assessment lien will be placed on the property. APPROVED 'A T DEPARTMENT HEA V " CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The owners of the property at 125 Dunlap Street desire to connect the property to the City sewer system. The property owner claims that to pay the sewer connection and construction fees in one payment would produce an economic hardship. To assist in paying the connection and construction fees, the City has contracted with the property owner to spread the connection and construction fees over a five (5) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the connection and construction fees in five equal payments over the next five years. dha S:\PROJECTS\SewerConFee\Admin\125 Dunlap Street ADMIN.doc March 2, 2011, 1:53PM MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: 6-e'. TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: March 11, 2011 APPROVED DEPARTMENT HEAD !~~X CITY ATTORNEY JZ- 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 March 14, 2011, 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 /Counclimember Salas 1. 1212 Antonia Way 022-021-15 $ 820.00 2. 904 Bradshaw Street 170-141-01 $ 709.00 3. 816 S. Brown Street 019-142-05 $ 105.00 4. 3601 S. Chester Avenue #32 025-182-04 $ 839.00 5. 2030 Cottonwood Road 170-260-12 $ 830.00 6. 305 Dr. Martin Luther King Jr. Blvd. 019-181-11 $ 105.00 7. 325 S. Haley Street 019-182-10 $ 699.00 March 11, 2011, 12:19PM/kd SADanaWDMINS\201 MMAR\3-30-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Councilmember Salas 8. 133 Kincaid Street 018-190-17 $ 105.00 9. 329 S. King Street 018-140-20 $ 720.00 10. 5403 Mar Grande Avenue 173-580-18 $ 700.00 11. 605 O Street 009-361-08 $ 687.00 12. 126 S. Owens Street 018-240-04 $ 105.00 13. 318 S. Owens Street 018-220-06 $ 675.00 14. 510 Real Road #52 020-540-52 $ 660.00 15. 3617 Shellmacher Avenue 172-132-10 $ 300.00 16. 236 T Street 010-052-23 $ 300.00 17. 1127 Wilkins Street 018-260-19 $ 787.00 18. 604 S. Williams Street 019-091-02 $ 709.00 19. 640 E. 3rd Street 139-294-25 $ 662.00 20. 515 E. 9th Street 139-161-09 $ 663.00 21. 1508 E. 9th Street 018-061-15 $ 300.00 Ward 2/Councilmember Benham 22. 209 Baker Street 016-400-13 $ 1,250.00 23. 213 Baker Street 016-400-17 $ 1,099.00 24. 1922 Bank Street 008-314-14 $ 105.00 25. 2830 Cedar Street 001-221-17 $ 105.00 26. 424 Chico Street 016-340-10 $ 685.00 27. 1729 Forrest Street 007-210-29 $ 1,405.00 28. 819 Kentucky Street 014-300-07 $ 680.00 29. 1123 Niles Street 015-230-05 $ 300.00 30. 730 Oregon Street 013-270-23 $ 300.00 31. 1525 Oregon Street 015-140-06 $ 948.00 32. 220 Pacific Street 012-270-13 $ 300.00 33. 2416 San Emidio Street 007-093-13 $ 300.00 34. 400 17th Street 006-124-21 $ 685.00 35. 1431 E. 18th Street 017-220-08 $ 105.00 36. 830 25th Street 005-151-03 $ 672.00 Ward 3/Councilmember Weir 37. 3109 Cornell Street 021-352-27 $ 300.00 38. 3001 Roanoke Court 383-182-05 $ 300.00 March 11, 2011, 12:19PWkd S:\Dana\ADMINS\2011\MAR\3-30-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 4/Councilmember Couch 39. 11805 Childress Street 527-371-29 $ 775.00 40. 10412 Columbia Falls Drive 525-352-02 $ 707.00 41. 10804 Corbett Canyon Drive 525-561-11 $ 675.00 Ward 5/Councilmember Hanson 42. 4507 Antelope Peak Court 394-482-04 $ 675.00 43. 3838 Millay Way 392-311-33 $ 670.00 44. 3840 Millay Way 392-311-32 $ 670.00 45. 8805 Sand Fox Court 501-053-04 $ 105.00 46. 3509 Seligman Drive 385-382-03 $ 105.00 47. 5317 Villa Bella Lane 497-562-38 $ 685.00 48. 10313 Walnut Creek Court 394-122-26 $ 600.00 49. 8617 White Rock Drive 501-073-05 $ 660.00 Ward 6/Coucilmember Sullivan 50. 705 River Oaks Drive 194-264-11 $ 105.00 51. 5503 Sierra Caves Avenue 498-353-01 $ 600.00 52. 3813 White Lane 404-071-30 $ 850.00 Ward 7/Councllmember Johnson 53. 2212 Avon Avenue 372-384-08 $ 300.00 54. 4321 Balboa Drive 171-183-03 $ 1,000.00 55. 3200 Beaumont Court 023-355-05 $ 105.00 56. 4407 Berkshire Road 515-492-04 $ 600.00 57. 4409 Chadbourn Street 171-144-03 $ 300.00 58. 6204 Chester W. Nimitz Street 372-302-03 $ 600.00 59. 3715 Rio Viejo Drive 515-291-22 $ 600.00 60. 1130 Taos Way 516-422-07 $ 300.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to March 11, 2011, 12:19PM/kd SADana\ADM1NS\201 INARO-30-Property Abatement.doc ADMINISTRATIVE REPORT 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. March 11, 2011, 12:19PM/kd SADana\ADMNS\201 WARD-30-Property Abatement.doc BAKER ~co11PoN,r~" •s U d By ud 9 1F0 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: 9i .-1= TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: March 18, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: CHP "Arrive Alive" Sober Driving Coalition II, OTS Grant#AL10109. 1. Resolution authorizing the BPD to amend the partnership entered into with the CHP, by Memorandum of Understanding, to participate in the grant funded California Highway Patrol "Arrive Alive" Sober Driving Coalition Il, Bakersfield Eastside DUI Corridor Safety Project, Grant #ALI0109. 2. Appropriate $23,000.00 Federal Grant Revenues ("Arrive Alive" Sober Driving Coalition ll, Bakersfield Eastside DUI Corridor Safety Project, Grant #ALI 0109 from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement strategies along State Routes 178 and 58 within the greater Bakersfield area. RECOMMENDATION: Staff recommends adoption of the proposed Resolution and approval of appropriation. BACKGROUND: The California Highway Patrol (CHP), Bakersfield Area, was awarded funding from the California Office of Traffic Safety (OTS) to target and apprehend drunk drivers. Segments of State Route- (SR-) 58 and SR-178 in Kern County were selected for enhanced Driving Under the Influence (DUI) enforcement patrols and anti-DUI public education campaigns. The project begins on June 1, 2010, and ends on May 31, 2011. On June 30, 2010 the City Council adopted Resolution 073-10 creating a community outreach partnership between the Bakersfield Police Department and the CHP, to provide DUI patrols on segments of State Routes 58 and 178 per OTS grant #AL10109. This partnership provided over- time funding ($30,000.00) for BPD officers to patrol the target areas mentioned above. Recently, the CHP has been authorized by OTS to amend our partnership agreement to increase the BPD's over-time funding to $53,000.00. To accept the increased funding and amend our agreement, the CHP is requesting a resolution from the Bakersfield City Council. The BPD also requests an appropriation of $23,000 to the General Fund Police Operating Budget, for the amended grant award. DB BAKE O~~,cORPoR" RSA ADMINISTRATIVE REPORT cRLtFO MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks March 16, 201 1 Three (3) year agreement with Connors Concessions to provide concession services at the Mesa Marin Sports Complex (ward 3). APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Mesa Marin Sports Complex is on schedule to be operating by June 1, 2011. A prefabricated concession facility is part of the complex. In anticipation of the opening, the City desires to enter into an agreement to provide customers with concession services. Requests for Proposals (RFP) were sent to seventy two (72) food and catering vendors on October 29, 2010, and three (3) acceptable proposals were received on November 19, 2010. A screening committee reviewed and ranked all proposals based on several evaluation criteria as outlined in the RFP. The three (3) proposals received are as follows: Connors Concessions Bakersfield, CA Mestmaker Catering & Consulting Bakersfield, CA Amazing Bounce Bakersfield, CA Staff conducted verbal interviews with all three (3) applicants and found Connors Concessions as the only proposal to have met all the criteria in the RFP. The criteria included enclosing a complete business plan, indicating experience in concession operations, listing menu pricing along with menu items, and staffing certificates. Connors Concessions was the former owner of a March 24, 2011, 8:47AM C:\D000ME-1\sforsyth\LOCALS-1\Temp\XPgrpwise\Concession Services -Noted Changes.docx ADMINISTRATIVE REPORT local sandwich shop and is familiar with customer service and related food service issues. In addition to providing concession services, Connors Concessions will make capital investments above and beyond what the City provided, as indicated within the agreement, Exhibit "C". Connors Concessions will repair and maintain all equipment necessary to provide concession services to participants and spectators at the Mesa Marin Sports Complex. Per requirement in the RFP and by contract, on or before the twentieth (201h) day of each month, eighty percent (80%) of gross sales will be retained by Connors Concessions and twenty percent (20%) distributed to the City. jln March 24, 2011, 8:47AM C:\DOCUME-I\sforsyth\LOCALS-t\Temp\XPgrpwise\Concession Services - Noted Changes.docx 4 l° ADMINISTRATIVE REPORT LIFO MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: , h TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 22, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY i~_ CITY MANAGER L-1 SUBJECT: Relinquishment Agreement with the State of California Department of Transportation to relinquish State Route (SR) 178 (24th Street), in advance of construction of the 24th Street Improvement Project, from the western side of the Kern River Bridge, located west of Oak Street, and continuing east to M Street. (TRIP)(Ward 2) RECOMMENDATION: Staff recommends approval of Relinquishment Agreement. BACKGROUND: The 24th Street Improvement Project is part of the Thomas Roads Improvement Program (TRIP). This project will improve 24th Street and the 24th/23rd Street couplet area from SR- 99 to M Street, as well as expand the 24th Street/Oak Street intersection. The relinquishment will include the area from the western side of the Kern River Bridge, located west of Oak Street, and continuing east to M Street. When the TRIP program was initially developed, several TRIP road widening projects were proposed for State routes. Being on State routes, these projects would need to be designed to State standards which require significant additional roadway width for shoulders. This additional roadway width does not add any additional traffic capacity to the road, but does cause much more impacts to adjacent properties and businesses and results in significant additional costs. So the City County and Caltrans worked with then Assemblyman McCarthy to develop legislation (Assembly Bill 1858) to allow Caltrans to relinquish these roads to the City and County. Relinquishment would allow these road widening projects to be built to City and County standards (which do not require the additional shoulder width) and allowed the TRIP funds to go further and build more traffic capacity. Rosedale Highway (SR-58), Golden State Avenue (SR- 204), and 24th Street (SR-178) were all included in Assembly Bill 1858 which was signed by the governor in 2006 and which provided for the relinquishment of the roadways from Caltrans to the City or County, There have been on-going preparatory reports and studies performed by Caltrans over the past few years that are required to accomplish this relinquishment. The next step is approval of this agreement. After approval of this agreement by the City, the agreement and the above mentioned documents will be sent to the California Transportation Committee (CTC) for their review and anticipated approval. The relinquishment for 24th Street is currently on the CTC agenda for their May, 2011 meeting. After approval by the CTC, this agreement is recorded and shortly thereafter this roadway will become the responsibility of the City. kpb March 22, 2011, 11:26AM G:\GROUPDAT\ADMINRPT\2011\03-30\24th Street Relinquishment Admin.docx A ADMINISTRATIVE REPORT n. MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: S , r . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: February 22, 2011 CITY ATTORNEY V~ CITY MANAGER SUBJECT: Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter ($60,989) for a full scope annual audit of the 2010-11 fiscal year. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In February 2007, inquires were sent to approximately 28 local CPA firms and 9 outside firms, with four firms expressing an interest in the City Audit. Requests for Proposals were sent to the interested audit firms. Three firms submitted proposals which were reviewed by the Finance department. One firm did not submit their sealed dollar cost bid based on the requirement in the RFP and were excluded from consideration. The two qualified proposals were sent to the Budget and Finance Committee. The Budget and Finance Committee reviewed the proposals on April 30, 2007. The Budget and Finance committee recommended the selection of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter to perform the annual audit work for the 2006-07 fiscal year ($60,400), with the option of up to four (4) one year extensions. The Request for Proposal issued in February 2007 contemplated a five year commitment with the selected firm, with the 2006-07 fiscal year being year 1 of 5. A cost of living factor was built into the contract so that future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in the scope of the audit and assuming no significant change in the audit workload as a result of Governmental Accounting Standards Boards (GASB) actions that might take place in the future. Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter was agreeable to this additional contract language. The agreement referenced above is related to the audit for year 5 of 5. The difference in cost from year 4 to year 5 represents a 1.8% increase (based on the January 2011 CPI index). The cost of the annual audit is shared between the City and the Redevelopment Agency. The City's cost is budgeted as a "non-departmental" line item in the General Fund. A small portion of the City costs is charged to the Wastewater Enterprise Fund regarding a compliance review letter associated with the Sub- Regional Wastewater / User Agency agreement. The Redevelopment costs are charged to the operating budgets of the three RDA project areas. 2/18/20113:33:00 PM Nke S:WdminWdmin Reports\2011 Brown Armstrong.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: March 18, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement 11-003 with outside counsel, Griswold, LaSalle, Cobb, Dowd & Gin, LLP for legal services In the matter of City of Bakersfield v. Wanamaker, et al., Kern County Superior Court Case No. S-1500-CV-264881 SPC and Clty of Bakersfield v. Wanamaker, et al., Kern County Superior Court Case No. S-1500-CV-269940 SPC, In an amount not to exceed $180,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On June 15, 2010, the City entered Into Agreement No. CA10-004 for legal services with Griswold, LaSalle, Cobb, Dowd & Gin, LLP, in an amount not to exceed $40,000 and amended Agreement No. CA10-004 on January 12, 2011 for an amount not to exceed $80,000 which agreement became Agreement No. 11-003. There is a trial date scheduled for April 4, 2011 for City of Bakersfield v. Wanamaker, et al., Kern County Superior court Case No. S-1500-CV-269940 SPC. At this time, the City Attorney's Office requests that an amendment to this agreement be executed for additional compensation so that outside representation may continue through trial. This Amendment No. 1 to Agreement No. 11-003 would add One Hundred Thousand Dollars ($100,000) to the Not to Exceed Limitation on compensation and result in a total Not to Exceed amount of One Hundred Eighty Thousand Dollars ($180,000). VG:ac S:\000NCUAdmins\10-11 Admins\WanamakerAdmini1-003Amdi.docx March 18, 2011, 10:OOAM MEETING DATE: March 30, 201 1 AGENDA SECTION: Consent Calendar ITEM: 8 . K . TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 17, 2011 AP ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 1 and 2 to Agreement No. ED11-002 with Housley Demolition Excavation ($17,099; revised not to exceed $38,779) for the Downtown Demolition Project 700 California Avenue and 1231 R Street (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for the demolition of two buildings at the northwest corner of California Street and R Street. Contract Change Order No. 1 provides for additional asbestos abatement. During an inspection by the San Joaquin Valley Unified Air Pollution Control District, an additional 2800 square feet of asbestos containing floor the and mastic was discovered that was not identified on the original asbestos survey report. The contractor has agreed to remove and dispose of this additional asbestos containing material for the lump sum price of $18,684. Contract Change Order No. 2 provides for leaving an existing block wall in place that was to be demolished in the original scope of work. After evaluation of the field conditions present and the future use of the demolition site, it has been determined that the block wall along the Mill Creek Linear Park can remain in place. The contractor has agreed to credit the City in the amount of ($1,585) for leaving this wall in place. The cumulative totals of Contract Change Orders 1 and 2 will increase the project total by $17,099 (which results in an 78.9% increase of the original contract amount) as illustrated below: • Original Contract Amount = $21,680.00 • Amended Contract Agreement after Change Orders = $38,779.00 Net Increase to date = $17,099.00 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) March 17, 2011, 11:40AM G:\GR0UPDAT\ADMINRPT\2011\03-30\CCO 1 and 2 Demolition 700 California Ave and 12331 R St.doc MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: S , ( , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director March 7, 2011 APPROVED DEPARTMENT HEAD Al/S CITY ATTORNEY CITY MANAGER Accept bid from Johnson Equipment Company in the amount of $71,439.15 for thirty (30) light bars and siren controllers for the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for light bars and accessories. Nine (9) bids were received in response to the solicitation. Two bidders, Lighthouse, Inc. and Lehr Auto Electric requested to rescind their bids citing errors in pricing. Staff has reviewed their requests and recommends allowing both bidders to rescind their proposals. The remaining seven (7) bids are listed below. Funds are available in the Equipment Management Fund to purchase thirty (30) light bars and siren controllers to outfit the thirty (30) replacement four door Police Special sedans which were approved by Council on February 2, 2011. BIDDER Johnson Equipment Co., Perris, CA Emergency Vehicle Solutions, Menlo Park, CA Hi-Standard Automotive, LLC, Orange, CA 911 Vehicle, Anaheim, CA LC Action Police Supply, San Jose, CA Kovatch Mobile Equipment, Ontario, CA L.N. Curtis and Sons, Oakland, CA AMOUNT $ 71,439.15 $ 73,084.99 $ 73,863.41 $ 85,604.10 $ 85,668.40 $ 95,958.10 $110,577.38 Staff finds the bid submitted by Johnson Equipment Company to be acceptable. Purchasing DivisiorAb SAPURCHWDMINWdmin 10-11\Light Bars and Controllers, 10-11-57, March 9, 2011.docx ADMINISTRATIVE REPORT MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: L3, jq%. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 16, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to San Joaquin Fence & Supply (not to exceed amount of $324,002.90) for the annual contract for installed fencing. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to Bid were sent to over one hundred (100) contractors for the Annual Contract for installed fencing. Five (5) bids were received in response to solicitation. Lamont Fence Company requested to rescind their bid citing an error in pricing. Staff has reviewed the request and recommends allowing the bidder to rescind their proposal. The remaining four (4) bids are listed below. The bids solicited were based on a list of fencing installation descriptions with estimated quantities. In this case, where the City does not intend to split the bid award, the City determines the lowest overall bidder by multiplying the supplier's unit price for each of the items by the estimated number of units for each item. The contract award is for a one year period; renewable annually for four consecutive one- year periods at the City's option and upon mutually agreeable terms. BIDDER OUNT San Joaquin Fence $324,002.90 Bakersfield, CA C & H Fence & Patio $405,946.60 Delano, CA Quality Fence Co, Inc. $422,840.00 Paramount, CA Rudnick Fence Company $542,660.00 Bakersfield, CA Staff finds the bid submitted by San Joaquin Fence & Supply, Bakersfield, to be acceptable and recommends approval of the contract in the amount of $324,002.90. Purchasing Division/kb SAPURCHIADMINWdmin 10-11 WC for Installed Fencing, 10-11-49, March 30, 2011.d0wc March 16, 2011, 4:49PM F m A"'hn U ADMINISTRATIVE REPORT LIFO MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: 8.n, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 17, 2011 Accept bid and approve contract to Griffith Company ($323,799.00) for Traffic Signal and Lighting System Installation on Panama Lane at Old River Road (Ward 5) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION : Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project consists of installing a complete traffic signal and lighting system, constructing pavement to widen the roads at the intersection, modifying existing pavement markings and striping, and constructing aggregate base shoulders. Access ramps will be constructed to meet current American with Disabilities Act (ADA) requirements. The project is funded through TDF funding. The Engineer's Estimate for this construction contract was $282,000.00. Sufficient funds are budgeted to award this project. On March 2, 2011, a total of two bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Griffith Company 1128 Carrier Parkway Ave Bakersfield, Ca 93308 (County) Granite Construction Co 585 W. Beach Street Watsonville, CA 95076 PW/Engr/rlt in the amount of $323,799.00 in the amount of $335,098.00 March 17, 2011, 4:57PM G:\GROUPDATWDMINRPT\2011 \03-30\ADMIN_T8K124_PanamaOldRiver.docx A Q~~,,pVOMADMINISTRATIVE REPORT IF MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: !a, p, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 16, 2011 Pavement Rehabilitation 2010 Phase 2 - Stine Road from Panama Lane to Pacheco Road (Wards 6 & 7): 1. Accept bid and approve contract to Bowman Asphalt Inc. ($2,437,132.30). 2. Appropriate $400,000 additional gas tax revenues to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. APP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriation. BACKGROUND: This project consists of reconstructing the existing pavement structural section, construction of access ramps, modifying curb and gutter, striping, pavement markings and traffic signal detector loops. The majority of the project ($1,748,004) is federally funded with Regional Surface Transportation Program funds. The remaining local match will be funded with local gas tax revenues. The Engineer's Estimate for the project is $2,414,280. On February 16, 2011, a total of four bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (County) in the amount of $2,437,132.30 Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $2,462,370.00 Granite Construction 585 West Beach Street Watsonville, CA 95077 in the amount of $2,616,363.28 Security Paving Company 9050 Norris Avenue Sun Valley, CA 91352 in the amount of $2,627,574.72 JAF pw/design engineeringlrOK231 March 17, 2011, 4:55PM G:\GR0UPDAT\ADMINRPT\2011\03-30\Pvmt Rehab 2010 Ph 2-Stine Rd.doc ADMINISTRATIVE REPORT In July 2009, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which also apply to this RSTP funded project. A formula provided by the State of California was used to calculate the required percentage of 11% for Underutilized Disadvantaged Business Enterprises (UDBE) to be used as subcontractors on this contract. The City held a mandatory pre-bid meeting for all of the preapproved contractors allowed to bid on this project and an invitation to subcontractors to meet those preapproved contractors. Each contractor on the preapproved bidders list was required to attend said meeting in order to bid on this project. During that meeting, the importance of putting forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to each contractor in attendance. It was also stressed to the contractors that they need to provide to the City appropriate documentation indicating that good faith efforts were performed if the goal was not met. The low bidder, Bowman Asphalt, Inc., did not attain the UDBE goal of 11 % for this contract. However, the Contractor submitted good faith efforts documentation which was reviewed by Staff. Staff concluded that the Contractor did perform adequate good faith efforts and recommends award of the contract to the low bidder. JAF pw/design engineering/TOK231 March 17, 2011, 4:55PM G:\GROUPDAT\ADMINRPT\2011\03-30\Pvmt Rehab 2010 Ph 2-Stine Rd.doc A of,, i ADMINISTRATIVE REPORT LIFO MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: $ , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 17, 2011 CITY ATTORNEY p,. CITY MANAGER /eJ SUBJECT: Accept bid and award contract to GSE Construction Co. Inc. ($4,688,000.00) for the construction of the Wastewater Treatment Plant No. 2 Septage and Grease Receiving Station and Odor Control Project (Ward 1). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of the following items at Wastewater Treatment Plant No. 2: Construction of a new grease and septage receiving station - The new grease and septage receiving station will accommodate three trucks with dedicated stations for each truck. The grease and septage station will enhance plant 2's ability to treat grease and septage waste. Construction of an odor control system - The odor control system includes a fiberglass ducting system to collect foul air from various odor sources throughout the Plant, and provides cover for the headworks, primary clarifiers, effluent junction boxes, and scum pumping structures. The odor control system will eliminate odor sources from Wastewater Treatment Plant No. 2 and improve the environment for the surrounding communities. This project is funded entirely with Sewer Enterprise funds. The Engineer's Estimate for this construction contract was $9,100,000. There are sufficient funds budgeted to award this contract. On February 24, 2011, a total of eight bids were received; all bids are acceptable. Those acceptable bids are as follows: GSE Construction Co. Inc. 6950 Preston Avenue Livermore, CA 94551 in the amount of $4,688,000.00 Cushman Contracting Corp. 5354 Overpass Road Goleta, CA 93111 in the amount of $4,751,000.00 pw/wastewate r/Is-UK109/E7K111 March 23, 2011, 3:59PM GAGROUPDAT\ADMINRPT\2011\03-30WWVrP#2 Septage Grease Receiving Station and Odor Control Project Contract Award.doc ADMINISTRATIVE REPORT Stanek Constructors, Inc. 2434 Auto Park Way, Suite 102 Escondido, CA 92029 in the amount of $5,060,000.00 W.M. Lyles Company 1210 W. Olive Ave. Fresno, CA 93728 in the amount of $5,080,000.00 Specialty Construction, Inc. 645 Clarion Ct. San Luis Obispo, CA 93401 in the amount of $5,115,000.00 Nicholas Construction, Inc. 251 Carsen Way Shafter, CA 93263 in the amount of $5,136,514.00 C.W. Roen Construction Co. 40 Oak Ct. Danville, CA 94526 in the amount of $5,719,000.00 Mountain Cascade, Inc. 555 Exchange Court Livermore, CA 94550 in the amount of $6,000,000.00 Two protest letters were received on behalf of the apparent second low bidder. Staff reviewed these two protest letters and determined that the assertions were unsubstantiated. The two protest letters and the City's response to these letters are attached to this Administrative Report. Contracts for competitively bid public projects must be awarded to the lowest responsible bidder. Generally, a bid must conform to the material terms of the bid package. However, a bid may be responsive even if there is a discrepancy in the bid, as long as the discrepancy is inconsequential, that is, the discrepancy must not: 1) affect the amount of the bid; 2) give a bidder an advantage over others; 3) be a potential vehicle for favoritism; 4) influence potential bidders refrain from bidding; or 5) affect the ability to make bid comparisons. The City can waive an irregularity or discrepancy in the bid if the discrepancy is inconsequential. The City is waiving the discrepancy in the bid to allow the lowest bidder to provide the missing information as requested in Addendum No. 5 to the bid proposal. The City believes that allowing the lowest bidder to supply the missing information is inconsequential because on that particular line item, there is only one supplier for that type of equipment: Plasti-Fab. The waiver of the bid irregularity did not affect the amount of the bid nor did it give a bidder an advantage over others or influence potential bidders from bidding. The City is still able to make bid comparisons, and the waiver of inconsequential bid irregularities in this case is not a potential vehicle for favoritism. pw/wastewater/Is-E7 K 109/E7K111 March 23, 2011, 3:59PM G:\GROUPDATWDMINRPT\2011\03-30\ W rP#2 Septage Grease Receiving Station and Odor Control Project Contract Award.doc MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: Q . TO: Honorable Mayor and City Council A VED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 16, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept base bid and additive alternate No. 1 and No. 2 and award contract to Loop Electric, Inc. ($684,334.00) for Installation of Traffic Signal Interconnect - Part 8(Wards 1, 2, 3, 4, and 7). RECOMMENDATION: Staff recommends acceptance of low base bid plus additive alternate No. 1 and No. 2, and award of contract. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along: • Beale Avenue between Niles Street and Flower Street • Belle Terrace between H Street and Chester Avenue • Columbus Street between Oswell Street and University Avenue • Fairfax Road between Auburn Street and Panorama Drive • Flower Street between Beale Avenue and Owens Street • Haley Street between Columbus Street and Height Street • Height Street between Haley Street and Sunny Lane • Monitor Street between Berkshire Road and White Lane • Stockdale Hwy between Allen Road and Jenkins Road • Wilson Road between H Street and Chester Avenue With this new interconnect installed, traffic signal timing along these segments can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This traffic signal interconnect project is funded predominately with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. The federal portion of this project will fund 88.53% of this project's costs. The 11.47% local portion of this project is funded with local gas tax revenues. The Base Bid was used to determine which contractor submitted the low bid. The Additive Alternates were included in the award based on the availability of project funds. The Engineer's Estimate for the project's Base Bid is $691,515, Additive Alternate No. 1 is $20,000, and Additive Alternate No. 2 is $10,000. March 17, 2011, 3:28PM G:\GROUPDATIADMINRPT\2011\03-30WdmiRpt_Interconnect Part 8.docx JU ADMINISTRATIVE REPORT Three (3) acceptable bids were received on Tuesday, February 15, 2011, as listed below: Loop Electric, Inc. 7040 Downing Ave. Bakersfield, CA 93308 (City) Base Bid $645,834.00 Additive Alternate No.1 $ 30,000.00 Additive Alternate No. 2 $ 8,500.00 Project Total $684,334.00 2. PTM General Engineering P.O. Box 7745 Riverside, CA 92513 3. MGE Underground P.O. Box 4189 Paso Robles, CA 93447 Base Bid $ 657,057.00 Additive Alternate No. 1 $ 35,954.00 Additive Alternate No. 2 $ 18,000.00 Project Total $ 711,011.00 Base Bid $746,011.00 Additive Alternate No. 1 $ 56,092.50 Additive Alternate No. 2 $ 16,814.50 Project Total $818,918.00 Sufficient funds are budgeted to award the contract. March 17, 2011, 3:28PM G:\GROUPDATIADMINRPT\2011\03-30WdmiRpt_Interconnect Part 8.docx JU BAKE O~yco roar ADMINISTRATIVE REPORT l 1, gLIF0 MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: A r. TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: March 18, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER tiJ SUBJECT: Appropriate $75,443.83 County Grant Revenues (HIDTA) to the Police Department Operating Budget within the General Fund, toward the cost of surveillance equipment. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The Bakersfield Police Department participates in the Southern Tri-County Task Force, a sub- component of the Central Valley High Intensity Drug Trafficking Areas program (STC-HIDTA). The STC-HIDTA is an intelligence / investigative group made up of law enforcement from the Central Valley. The group attacks all aspects of meth trafficking, including the acquisition of precursor chemicals, meth manufacturing, product distribution, and money laundering. The STC-HIDTA is a grant funded operation administered by the Sacramento County Sheriff's Office. The STC-HIDTA has authorized the Bakersfield Police Department to purchase surveillance equipment totaling $75,443.83, to be used in the STC-HIDTA program. Once the equipment is purchased, the Bakersfield Police Department will submit invoices to be reimbursed in full from STC-HIDTA. Therefore, the Bakersfield Police Department requests $75,443.83 County Grant Revenues (HIDTA) be appropriated to the Police Department Operating Budget within the General Fund, to purchase surveillance equipment. These purchases will not have any impact to the General Fund. DB A MR4 ADMINISTRATIVE REPORT LI MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: S-5. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 2, 2011 SUBJECT: Street Maintenance Program (City-wide): APPROVED DEPARTMENT HEAD 41 CITY ATTORNEY CITY MANAGER Appropriate $1,474,074 Gas Tax Fund balance (State Traffic Congestion Relief Funds) to the Public Works Department's Capital Improvement Budget for road rehabilitation. 2. Transfer $1,300,000 of the Public Works Department's Operating Budget to the Public Works Department's Capital Improvement Budget for road rehabilitation within the Gas Tax Fund. RECOMMENDATION: Staff recommends approval of appropriation and transfer. BACKGROUND: In prior fiscal years, the State Controller's Office allocated Traffic Congestion Relief funds to cities and counties for street / road maintenance and reconstruction. These funds were revenues generated from the state gasoline sales tax. As additional information, traffic Congestion Relief funds have now been eliminated and replaced with Highway Users Tax Allocation Section 2103 funds. The City has $2,322,915 of unexpended Traffic Congestion Relief funds. These funds must be expended no later than the end of the fiscal year following the fiscal year in which the allocation was made. Since $1,474,074 was received in Fiscal Year 09/10, these funds must be expended by June 30, 2011. Staff recommends appropriating these funds to the Public Works Department's Capital Improvement budget within the Gas Tax Fund. This appropriation will be used by the Street Maintenance Division for road rehabilitation on residential streets and preventative maintenance on streets city-wide. The remaining $848,841 of unexpended TCF funds must be expended by June 30, 2012. This amount will be programmed in next year's CIP budget. In addition, staff recommends transfering $1,300,000 from the Public Works Department's street maintenance operating budget to the capital improvement budget within the Gas Tax Fund. These funds will be used for road rehabilitation on collectors and arterials once design is completed by the Engineering Division. This rehabilitation work will be performed by outside contractors through the competitive bidding process. The $1,474,074 appropriation will be allocated to the Streets Division for road rehabilitation and preventative maintenance city-wide. Therefore, this appropriation is not specific to one location, GL March 22, 2011, 11:22AM G:\GR0UPDAT\ADMINRPT\2011\03-30\Prop 42 Funds.doc ADMINISTRATIVE REPORT but rather the funds will be expended city-wide. As to the $1,300,000 appropriation, this appropriation will be part of the CIP program; therefore, this expenditure will be specific to a location. Staff proposes rehabilitation work on Ming Avenue from Wible Road to Hughes Lane, for both the eastbound and westbound sides. The work includes reconstructing the outside lane for the entire length and doing point repairs in the middle lane and inside lane. There is no General Fund impact associated with this appropriation. GL March 22, 2011, 11:22AM G:\GR0UPDAT\ADMINRPT\201 1 \03-30\Prop 42 Funds.doc A ADMINISTRATIVE REPORT c wa., w~ 1 MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. f TO: Honorable Mayor and City Council APPROVED FROM: Steven Teglia, HR Manager DEPARTMENT HEAD DATE: March 17, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Miscellaneous Civil Service Rules & Regulations RECOMMENDATION: Staff recommends approval. BACKGROUND: The purpose of this Item is to: 1) make sure the current Miscellaneous Civil Rules & Regulations (Rules) accurately reflect all of the previous changes approved by the Miscellaneous Civil Service Commission and City Council; and 2) establish a clear record of when City Council approved said changes. This is a housekeeping item that ensures there is a uniform set of Rules in laserfiche. BW/vl March 17, 2011, 2:37PM S:\CO UNC I L\Admins\Misccivsvcrules-Amended. Docx A p~~wVORA ADMINISTRATIVE REPORT LIFO MEETING DATE: March 30, 2011 AGENDA SECTION: Consent Calendar ITEM: 6, u„ TO: Honorable Mayor and City Council APPROVED FROM: Steven Teglia, Acting Human Resources Manage EPARTMENT HEAD DATE: March 18, 2010 CITY ATTORNEY V&' ; CITY SUBJECT: Revised Job Specifications: Assistant Superintendent #57150 RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the Public Works Department, the job specification for Assistant Superintendent has been reviewed and revised. Because the Streets Division of the Public Works Department is the only division/department that has this job classification, the language was changed and/or added to update the essential job duties and minimum qualifications to better comply with the actual duties performed. The Assistant Superintendent is in the general supervisory unit and does not require SEIU approval. There is no budgetary impact as the salaries will remain the same. The revised job specification the Assistant Superintendent was presented to the Miscellaneous Civil Service Board and approved at their March 15, 2011 meeting. (cc) U p 9 A ADMINISTRATIVE REPORT MEETING DATE: March 30, 2011 AGENDA SECTION: Closed Session ITEM: 10-a. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD G" DATE: March 9, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). City of Bakersfield v. Wanamaker, et al. Kern County Superior Court Case No. S-1500-CV-269940 SPC VG:Isc S:\COUNCIL\CI Sess\Admins\10-11\3-30-1 1 ExistLit.dou U ADMINISTRATIVE REPORT MEETING DATE: March 30, 2011 AGENDA SECTION: Closed Session ITEM: (0, , TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD t/611- DATE: March 3, 2011 CITY ATTORNEY V6- CITY MANAGER 45 SUBJECT: Public Employee Performance Evaluation - City Manager Closed session pursuant to Government Code section 54957(b) (I) / 54957.6 VG:Isc SACOUNCILWI Sess\Admins\10-1 1\3-30-1 1-CMEval.doc MEETING DATE: March 30, 2011 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 22, 2011 APPROVED DEPARTMENT EAER CITY ATTORNEY CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering the vacation of 27th Street between the east right-of-way of Chester Avenue and the west right-of-way of "K" Street, and a portion of the north south alley between 28th Street and 26th Street (Ward 2). RECOMMENDATION: Staff recommends hearing to be opened and continued to the April 13, 2011 City Council meeting. BACKGROUND: This hearing was originally scheduled for this council meeting of March 30, 2011. However, the applicant failed to provide the City with the description of the public access that is to remain and the offsite alley easement documents required to complete the final exhibits. Because the hearing has been noticed for March 30th, the hearing must be opened and continued to a future council meeting. Following is background regarding this vacation request: The City of Bakersfield has received a request to vacate 27th Street between the east right-of-way of Chester Avenue and the west right-of-way of "K" Street, and a portion of the north south alley between 28th Street and 26th Street. This vacation has been requested by San Joaquin Community Hospital in preparation for a redevelopment project on the adjacent property to the vacated area. Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot radius of the proposed vacated area. Public Works has received four letters in opposition from these owners as of the date of this report. The letters of opposition are attached. The applicant has contacted and met with these property owners and addressed their concerns. The City has received three letters from these property owners withdrawing their opposition. These letters are also attached. Also attached is a site plan showing access from the north alley to Chester Avenue as agreed upon by the owner of 2718 Chester Avenue. The property owner of 1300 271h Street, 2713 and 2715 "L" Street still is not in favor. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are City infrastructure in this area. The City will reserve a Public Utility Easement (PUE) over the vacated area. March 23, 2011; 11:54 AM G:\GROUPDAT\ADMINRPT\2011\03-30\27T" STREET VACATION ADMINISTRATIVE REPORT The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. On November 17, 2010, the Planning Department found the proposed vacation of 27th Street between the east right-of-way of Chester Avenue and the west right-of-way of "K" Street, and a portion of the north south alley between 28th Street and 26th Street to be consistent with the Metropolitan Bakersfield 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. Resolution of Intention No. 1681 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of February 16, 2011. Notice of this public hearing has been duly advertised and posted as required by law. /mm March 23, 2011; 11:16 AM G:\GROUPDAT\ADMINRPT\2011\03-30\27T" STREET VACATION AK QFya ox,,r RS ADMINISTRATIVE REPORT IF0 MEETING DATE: March 30, 2011 AGENDA SECTION: Reports ITEM: [3 . a TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: March 21, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Report on the FY2010/11 Budget, to include, by departmeo, current revenues/expenditures, expected expenditures and anticipated budget saving and costs associated with required court appearances by Police staff RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: As requested by Councilmember Johnson at the February 16, 2011 City Council meeting, Finance Director, Nelson Smith will present a brief status report, by department, of current revenues and expenditures, expected expenditures, and anticipated budget savings for the FY 2010/11 budget. Also, as requested by Mayor Hall at the February 16, 2011 City Council meeting, Chief of Police Greg Williamson will present a report regarding the costs associated with required court appearances by Police staff. rks March 22, 2011, 4:19PM PAAdminReports&Re1atedWdm-2011Vidmin - BudgetUpdate-03301 1.doc BA O~ CCU 1,: ADMINISTRATIVE REPORT 10 MEETING DATE: March 30, 2010 AGENDA SECTION: DEFERRED BUSINESS ITEM: 1 1A. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager March 22, 2011 DEPARTMENT HEAD APPROVED CITY ATTORNEY 4 CITY MANAGER City Council Goals Update - Phase 2: Review of Proposed Revisions RECOMMENDATION: Staff recommends Council review the attached Goals, including new updates. The Goals will be brought back at a later date for adoption. BACKGROUND: At the March 9, 2011 meeting, the City Council received the most recent version of the City Council Goals that were adopted on January 4, 2010. Included was a report describing the highlights and progress made towards the goals that were adopted in 2010. The next step in the review process, Phase 2, provides the Council with a version of the City Council Goals showing new updates made to date. This version includes the targeted -actions which support the completion of the goals and the target dates (shown in bold), where applicable. The goals have been updated to reflect the following changes: • removal of those items which have been completed or are no longer relevant, • inclusion of new information where goals or targets have changed, and • addition of new goals, as needed. The changes are noted (with shading), and the reasons for the changes are shown in the right margin of the goals document. This modified version of the goals document has been reviewed and discussed with the Department Heads, who have contributed to the update and changes. Staff will also provide a presentation with a brief overview of the proposed changes. The City Council Goals provide policy guidance to staff for budgetary and program implementation. This information and the presentation at the City Council meeting are intended to be the second step in the review and update of the goals. The Council may choose to further update the goals or make additional modifications, as desired, prior to adoption. rks March 23, 2011, 12:41 PM PAAdminReports&Re1ated\Adm-2011 Wdmin-CityCouncilGoalsUpdate-Ph2-03301 1.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 9, 2011 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 Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None 2. INVOCATION by Pastor Vincent Jones, People's Church. 3. PLEDGE OF ALLEGIANCE by Ruben Cortez, 5,h grade student at Noble Elementary School. City Clerk Gafford announced that Closed Session Item 9.a. has been pulled from tonight's Agenda at the request of the City Attorney. Mayor Hall acknowledged the political science classes from California State University, Bakersfield, and Bakersfield College in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Gary Lockhart, declaring April 2, 2011 Scottish Gathering and Games Day. ACTION TAKEN Mr. Lockhart was not in attendance; presentation was not made. Bakersfield, California, March 9, 2011 - Page 2 4. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of a Proclamation to Principal Mark Wyatt, Bakersfield Adult School, declaring March 28 - April 1, 2011 Adult Education Week. Mr. Wyatt accepted the Proclamation, made comments, and introduced Assistant Principal of Instruction, Jody Lefler. 5. PUBLIC STATEMENTS a. Hilary Baird, spoke in opposition to the State of California taking redevelopment agency funds, and urged everyone to sign a petition to save redevelopment agencies, b. Jimmy laccino spoke regarding a neighbor's barking dog and submitted written material. Councllmember Sullivan referred this matter to the Legislative and Litigation Committee to evaluate and determine N special circumstances can be Imposed. C. Mary Helen Barro spoke regarding redevelopment, and suggested that all the inmates in the California prisons and jails, be given generic medicines, which would save the State millions of dollars. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 16, 2011 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR, JOHNSON February 4, 2011 to February 24, 2011 in the amount of $16,801,027.96 and self- insurance payments from February 4, 2011 to February 24, 2011 in the amount of $460,445.44. Bakersfield, California, March 9, 2011 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. First Reading of Ordinance amending Municipal FR Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 601 consisting of 19.72 acres located at the southeast corner of Hageman Road and Allen Road to Ward 4 and Annexation No. 606 consisting of 5.7 acres located along the south side of McKee Road, between Ellashosh Street and State Route 99 to Ward 7. d. Adoption of Ordinance amending Section ORD 4641 17.10.040 of the Municipal Code (R-1 One- Family Dwelling Zone) reducing the front yard from 25 feet to 20 feet; and, Section 17.61.032 B.6. (Landscape Standards) adding language related to landscaping along slopes. (FR 02/16/11) e. Adoption of Ordinance approving the ORD 4642 Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 19.45 acres located along the north side of Kern Canyon Road (State Highway 184) approximately 2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178 (ZC 10-0479) (Applicant-Hendricks Engineering/Property Owner-Mesa Morin, LLC). (FR 02/16/11) f. Adoption of Ordinance approving the ORD 4643 Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code from R-1 (Single Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 7.81 acres, C-O (Professional and Administration Office) on 5.89 acres and C-2 (Regional Commercial) on 3.64 acres located north of Taft Highway (State Route 119) and west of Wible Road. (ZC 10-0488) (Applicant-Scott Underhill/Property Owner-Wible Investors, II, LLC et al) (FR 02/16/11) Bakersfield, California, March 9, 2011 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN g. California Public Employees' Retirement System (CalPERS): 1. Adoption of Ordinance authorizing an amendment to the contract with CalPERS. (FR 02/2/11) 2. Amendment No. 7 to Agreement No. 97-39 with CalPERS Board of Administration to provide Section 21548 (Pre-retirement Option 2W Death Benefit) for local fire members and Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full Formula) and Section 20037 (Three-Year Final Compensation) for local safety members entering membership for the first time in the safety classification after the effective date of this amendment. Resolutions: h. Resolution amending the boundaries of the City Domestic Water Service Area. Resolution approving the City's designation of agent for California Office of Emergency Services Applications (OES Form 130). Resolution to add territory, Area 2-46 (4701 Stine Road) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Acquisition of Kern River Properties located along or in the Kern River Channel: Resolution authorizing Water Resources Manager to acquire certain Kern River properties, as they become available, to carry out the goals of the City's adopted Kern River Parkway Plan. ORD 4644 AGR 97-39(7) RES 022-11 RES 023-11 RES 024-11 RES 025-11 Bakersfield, California, March 9, 2011 - Page 5 8. CONSENT CALENDAR continued Item 8.k. continued ACTION TAKEN 2. Appropriate $150,000 Agricultural Water Fund Balance to the Water Resources Capital Improvement Budget to allow the Water Resources Manager to make deposits or down payments to acquire certain Kern River Properties. Proto II Block Wall on Panorama Drive between Masterson Street and Vineland Road Project: 1. Resolution dispensing with formal bidding procedures to complete Proto II block wall on Panorama Drive between Masterson Street and Vineland Road, not to exceed $130,000. 2. Agreement with Parsam Construction (not to exceed $130,000) to complete project. Agreements: M. Agreement with County of Kern regarding apportionment of tax revenues upon annexation of territory to the City known as Annexation No. 620 generally located along the north side of Rosedale Highway, between Verdugo Lane and Calloway Drive. n. Amendment No. 1 to Agreement No. 09-163 with Soils Engineering, Inc. ($370,000; revised not to exceed $818,375) for material testing services for various construction projects for calendar years 2008 & 2009. (ARRA) o. Amendment No. 1 to Agreement No. 08-107 with Kern County Water Agency ($212,500) to provide oversight during the design and construction of the Westside Parkway Phase 4 - Cross Valley Canal box culvert (TRIP). P. Amendment No. 1 to Agreement No. 97-74 with the Bakersfield Redevelopment Agency, increasing the annual debt payment the Agency pays regarding the debt service of the Arena and Convention Center from $1.2 million annually to a not to exceed amount of $1.7 million per year beginning in the 201 1-12 Fiscal Year. RES 026-11 AGR 11-020 AGR 1 i -021 ABS WEIR AGR 09-163(1) AGR 08-107(1) AGR 97-74(1) Bakersfield, California, March 9, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN q. Homelessness Prevention Services and Rapid Re-housing Services (HPRP): Amendment No. 3 to Agreement No. 09-126 with Bethany Services/ Bakersfield Homeless Center to allow the reallocation of $6,500 from the Financial Assistance line item to Data Collection and Evaluation. 2. Amendment No. 3 to Agreement No. 09-127 with Bethany Services/ Bakersfield Homeless Center to allow the reallocation of $6,500 from the Financial Assistance line item to Data Collection and Evaluation. r. Amendment No. 3 to Agreement No. 07-085 with Stinson's Stationers, Inc. ($350,000; revised not to exceed $1,050,000 and extends term 1 year) for office supplies. Contract Change Order No. 1 to Agreement No. 10-152 with Security Paving, Inc. ($27,408.75; revised not to exceed $2,132,279.25) for the Street Improvements: McCutchen Road from Gosford Road to Ashe Road & Waterline Extension to Wastewater Treatment Plant No. 3 Project. Contract Change Order No. 1 to Agreement No. 10-164 with West Coast Structures ($23,064.18; revised not to exceed $305,777.15) for the Bridge Rehabilitation: Manor Street Bridge at Carrier Canal & Union Avenue Overhead Over UPRR Project. U. Contract Change Order Nos. 7 - 9 to Agreement No. 09-121 with Klassen Corp. ($31,351.01; revised not to exceed $6,874,727.58) for the Sports Village Phase I Project. V. Contract Change Order No. 3 to Agreement No. 10-079 with JO-SH General Engineering, Inc. ($28,492.67; revised not to exceed $904,205.77) for adjustment of water main installations as a result of utility conflicts at various locations within the project. AGR 09-126(3) AGR 09-127(3) AGR 07-085(3) AGR 10-152 0001 AGR 10-164 CCO1 AGR 09-121 0007, 0008, 0009 AGR 10-079 0003 Bakersfield, California, March 9, 2011 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Bids: W. Accept base bid plus additive alternate and approve contract with Nishikawa Property Maintenance, Inc. (not to exceed $268,266 - 3 year term) for the maintenance and field preparation of Mesa Marin Sports Complex. X. Accept bid from Dell Marketing, L.P. ($79,102.81) for a storage area network system for the Information Technologies Division. Y. Accept bids and approve contracts with Ironman Parts & Services ($98,522.75), Diesel Exhaust & Emissions, LLC ($41,993.27) and A-Z Bus Sales ($26,850) to furnish and install diesel particulate filters on 14 City vehicles in order to comply with air quality standards (total bid $167,336.02). Z. Accept bid and approve contract to Turnupseed Electric Service, Inc ($49,500) for the exterior soffit replacement at Bakersfield Convention Center. Miscellaneous: aa. Appropriate $6,141 contribution revenue from the Convention and Visitors Bureau Hotel Partners to the Transient Occupancy Tax Fund Operating Budget to fund participation in trade shows promoting the City as a convention and travel destination. bb. Appropriate $5,160 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Operating Budget to purchase one SAFEFUME cyanocrylate (superglue) fuming chamber for the BPD Crime Scene Unit for obtaining latent prints from non-porous items of evidence. CC. Appropriate $1,820 contribution from Kern Community Foundation made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Adopt-a-Bench program provided at the Kern River Parkway. AGR 11-022 AGR 11-023 AGR 11-024 AGR 11-025 AGR 11-026 Bakersfield, California, March 9, 2011 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on items 8.b. and 8.m. Councilmember Johnson announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.cc. 9. CLOSED SESSION a. Conference with Legal Counsel - Existing REMOVED Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding City v. Wanamaker, et al - KCSC Case No. S-1500-CV-269940 SPC. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (1) (3) (A) of Government Code Section 54956.9. (One matter) Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 5:32 p.m. Motion by Councilmember Benham to adjourn from APPROVED Closed Session at 5:56 p.m. RECONVENED MEETING AT 6:07 p.m. Vice-Mayor Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on Consent Calendar Public Hearings items 11.a. and 11.b., and New Business item 14.a., and he left the Council Chamber. 10. CLOSED SESSION ACTION b. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b) (1) (3) (A) of Government Code ABS JOHNSON Section 54956.9. (One matter) City Attorney Gennaro noted for the record that Councilmember Johnson recused himself from Closed Session due to a potential conflict of interest. Bakersfield, California, March 9, 2011 - Page 9 11. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution adding SENT TO HEARINGS territory, Area 4-99 (Q Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) City Clerk Gafford announced that the total ballots mailed for this Hearing were 106. The total ballots received to date were 68, with 35 "yes" ballots and 33 "no" ballots. b. Public Hearing to consider Resolution adding SENT TO HEARINGS territory, Area 4-100 (Mill Creek) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) City Clerk Gafford announced that the total ballots mailed for this Hearing were 20. The total ballots received were 7, with 4 "yes" ballots and 3 "no" ballots. City Clerk Gafford announced that if anyone wished to submit a ballot without making a public statement, they should bring it to the Clerk at this time. No new ballots were submitted. City Manager Tandy made staff comments. Consent Calendar Public Hearings opened at 6:14 p.m. Darrel Lum requested Consent Calendar Public Hearings item 1 I .a. be sent to Hearings. G. J. Zala requested Consent Calendar Public Hearings item 1 1.b. be sent to Hearings. Bakersfield, California, March 9, 2011 - Page 10 12. HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution adding RES 027-11 territory, Area 4-99 (Q Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) Hearing opened at 6:18 p.m. G. J. Zala, owner of the Best Western Hill House, spoke in opposition to the staff recommendation. Darrel Lum, property owner of 2311 R Street, spoke in opposition to the staff recommendation. Hearing closed at 6:20 p.m. Motion by Councilmember Benham to adopt the APPROVED Resolution, with the amendment to the assessment on ABS COUCH the Assistance League property to reflect $103.13 annually. b. Public Hearing to consider Resolution adding RES 028-11 territory, Area 4-100 (Mill Creek) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) Hearing opened at 6:22 p.m. G. J. Zala, owner of the Best Western Hill House, spoke in opposition of the staff recommendation, and mentioned his concerns regarding the increased crime around the hotel property. Hearing closed at 6:24 p.m. Councilmember Benham asked staff to contact the owner of the Hill House to make sure that everything that the City can do to help them with crime prevention is being done. Motion by Councilmember Benham to adopt the APPROVED Resolution. ABS COUCH Bakersfield, California, March 9, 2011 - Page 11 13. DEFERRED BUSINESS ACTION TAKEN None. 14. NEW BUSINESS a. Transfer of Redevelopment Agency properties: 1. Resolution approving Cooperation RES 029-11 Agreement with Bakersfield Redevelopment Agency regarding the transfer of certain Agency-owned properties to the City in accordance with California Redevelopment Law. 2. Cooperation Agreement with Bakersfield AGR 11-027 Redevelopment Agency for transfer of certain properties owned by the Bakersfield Redevelopment Agency to the City and authorization of the City to act as the Agent of the Agency in the disposition and redevelopment of said properties pursuant to California Redevelopment Law. Economic Development Director Kunz made staff comments and recommended adoption of resolution and approval of agreement. Larry Koman, Bakersfield Redevelopment Agency Chairperson, spoke in support of staff's recommendation. Motion by Councilmember Benham to adopt the APPROVED Resolution and approve the Agreement. ABS COUCH Mayor Hall acknowledged Boy Scout Troop 317 in attendance at the meeting to learn about City government. Vice-Mayor Couch returned to the Council Chamber. 15. REPORTS a. City Council Goals Update. Assistant to the City Manager Smiley made staff comments and gave a PowerPoint presentation. Bakersfield, California, March 9, 2011 - Page 12 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to check on a code enforcement issue at 2118 E Street. Councilmember Benham asked staff to take a look at 1830 2nd Street regarding continuing problems with standing water at that location. Councilmember Benham asked staff to check into a referral from a citizen regarding some safety concerns and Improvement suggestions at the Garces Circle intersection with 30th Street. Councilmember Salas thanked everyone who joined him earlier in the day for his first online live interactive chat session via his website. Councilmember Salas asked staff to check on a graffiti issue at the corner of Belle Terrace and Chester Avenue. Councilmember Salas asked staff to take a look at a code enforcement issue on Kyner Avenue next to Stlern Park. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:05 p.m. MAYOR of the City of Bakersfield, CA ATTEST: ACTION TAKEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield