Loading...
HomeMy WebLinkAbout10/16/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF OCTOBER 16, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3;30 p.m. and 5;15 p.m. REGULAR MEETING - 3;30 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following; 1. City v. County of Kern, et al. FCSC Case No. 13CECGO2817 DJK (Fresno County). 2. City v. County of Kern, et al. KCSC Case No. 13 C 0180 (Kings County). 3. MBO Insurance Brokers, Inc. v. City, et al. KCSC Case No. S- 1500 -CV- 279949, SPC. b. Conference with Labor Negotiator pursuant to Government Code section 54957.6. 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING - 5;15 p.m. 1. ROLL CALL 2. INVOCATION by Pastor Mitch Manson, Daybreak Baptist Church, 3. PLEDGE OF ALLEGIANCE by Christina Pelayo, 6m grade student at Sequoia Middle School. 4. PRESENTATIONS a. Presentation by Mayor Hall of Certificate of Appreciation to Jacob Panero, representative of Metropolitan Recycling, for providing sponsorship funding to support the cooperative effort by the City, Keep Bakersfield Beautiful and the Bakersfield Homeless Center to remove litter along freeway frontages. b. Presentation by Mayor Hall of a Proclamation to Robert Duchow, Public Affairs Manager, Southern California Gas Company, declaring October 2013, Energy Awareness Month. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Alternate Member Sean Battle, whose term expires November 2014, Staff recommends Councll determinatlon. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 25, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from September 13, 2013, to October 2, 2013, in the amount of $16,272,344.27 and self - Insurance payments from September 13, 2013, to October 2, 2013, In the amount of $350,358.44 totaling $16,622,702.71. Ordinances: C. First Reading of Ordinance amending Chapter 15.65 of the Municipal Code relating to the California Fire Code. Resolutions: d. Resolution authorizing the sale ($2,500) of a surplus Ford Van to the Bakersfield Homeless Center. e. Resolution approving the application for grant funds for the Urban Greening Planning Gant Program. f. 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. (Ward 2) g. Resolution determining that hockey spectator netting system cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $77,000, (Ward 2,6) h. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector; 1. Area 2 -54 (1100 Valhalla Drive), 2. Area 5 -68 (2100 Panama Lane). (Ward 1) 1. Resolution of Intention No. 1764 to add territory, Area 5-69 (601 Tollhouse Drive), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report, (ward 2) J. Resolution of Intention No. 1762 ordering the vacation of an alley located in Block 527, between 28th Street and 29th Street, east of Chester Avenue, City Council Meeting of 10/16/2013 8. CONSENT CALENDAR continued (Ward 2) k. Resolution of Intention No. 1763 ordering the vacation of the 29 -foot alley running north -south In Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue. Agreements: (Ward 1) I. Agreement with Bakersfield Senior Center, Inc. ($85,000), of Community Development Block Grant funds for operational expenses at 530 4m Street. (Ward 4) M. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 6448 Unit 11 located south of Stockdale Highway and west of Renfro Road. (Ward 1,6) n. Amendment No. 1 to Agreement No. PW12 -055 with PLCs Plus International, Inc. ($50,000; revised not to exceed $90,000), for Supervisory Control and Data Acquisition (SCADA) system support and maintenance services for Wastewater Treatment Plants No. 2 and 3. (Ward 2) o. Amendment No. 2 to Agreement No. 11 -124 with RM Industries ($50,400; revised not to exceed $151,200 and extend term one year), for continued supply of janitorial services at the Amtrak Station. P. Amendment No. 1 to Agreement No. CA12 -013 with California Eminent Domain Law Group, APC ($40,000; revised not to exceed $65,000), to provide outside legal services In the matter of City v. Anthony C. Evans and Carol Ross Evans, etc., et al. (Ward 2) q. Contract Change Order No. 52 to Agreement No. 08 -214 with Security Paving Company, Inc. ($112,038.24; revised not to exceed $28,272,738.57; change order funded with utility surcharge fees), for the construction of the Westside Parkway Phase 1 Project. (TRIP) (Ward 1) r. Contract Change Order No. 2 to Agreement No. 13 -093 with Bowman Asphalt Inc. ($18,395.37; revised not to exceed $739,41 6.27) for the project known as Pavement Rehabilitation 2013 Phase 3 at Dr. Martin Luther King Jr. Boulevard from Wilkins Street to East California Avenue, Bids: Reject all bids for drilling three small diameter domestic water pump test wells at future Water Well Nos, CBK -56, CBK -57 and CBK -58. t. Accept bid with Jim Burke Ford ($103,921.42) for three replacement one ton crew cab pickups for use by the Recreation and Parks Department. (Ward 2) U. Accept bid and approve contract with Pacific West Sound (375,970.56), for dimmer panel replacement at the Rabobank Theater & Convention Center. (Ward 2,3) V. Accept bid and approve contract with Crosstown Electrical and Data ($303,630), for the installation of Traffic Signal Synchronization Part 3 Project. W. Accept bid and approve contract with Crosstown Electrical and Data ($326,500), to relocate and upgrade Traffic Operations Center. (Ward 4 -7) X. Accept bid and approve contract with Zim Industries, Inc., dba Bakersfield Well and Pump Company (not to exceed $170,000), for on -call services for maintenance and repair of the City's agricultural and domestic water wells. City Council Meeting of 10/16/2013 8. CONSENT CALENDAR continued (Ward 1) Y. Accept bid and approve contract with Kern Asphalt Paving & Sealing Company ($338,900), for the Municipal Airport Runway 16 -34 and Taxiway A Rehabilitation and Replace Rotating Beacon, Miscellaneous: (Ward 7) Z. Appropriate $36,090 Federal Safe Route to Schools grant funds and $4,010 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget within respectively the SAFETEA -LU Fund and Gas Tax Fund for the Benton Street Flashing Beacon Project, aa, City Council Goals: Inclusion of additional language in support of local street maintenance, resurfacing and road construction projects, ~recommends the addition of language to the City Council Goals to reinforce the financial support for local street maintenance, resurfacing and road construction projects, as requested by the Budget and finance Committee and the City Council.) bb. Distribution of $716,158 from the Board of State and Community Corrections to the municipalities, contract cities and special districts In Kern County in accordance with the terms agreed upon by the Chiefs of Police of each City and special district within Kern County and the Kern County Sheriff. Successor Agency Business: CC. Receive and file successor agency payments from September 13, 2013, to October 2, 2013, in the amount of $529,111.06, Staff recommends odoptlon of Consent Calendar Items 8a, through 8, cc. 9. CONSENT CALENDAR PUBLIC HEARINGS a, Public Hearing to consider First Reading of Ordinance amending Chapter 14,12 Title 14 of the Municipal Code relating to sewers, (Staff recommends first Reading of Ordinance.) b. Public Hearing to consider First Reading of Ordinance granting to Southern California Gas Company and Its successors and assigns a Franchise to construct, maintain and use pipes and appurtenances for transmitting and distributing gas within the City for any and all purposes. (Staff recommends First Reading of Ordinance.) (Ward 2) C. Public Hearing to consider approval of the Issuance of tax - exempt revenue bonds by the Housing Authority of the County of Kern: (Staff recommends adoption of Resolution and approval of agreement.) 1, Resolution approving the Issuance by the Housing Authority of the County of Kern of multi- family housing bonds (not to exceed $6,5 million) for the construction of approximately 56 units of multi- family rental housing at 400 20th Street, 2. Indemnification agreement between the City and the Housing Authority of the County of Kern. 4 City Council Meeting of 10/16/2013 9. CONSENT CALENDAR PUBLIC HEARINGS continued (ward 7) d. Public Hearing to consider General Plan Amendment /Zone Change No. 13 -0125; Smith Tech USA, representing Wible Investors Ii, (property owner) has applied for a general plan amendment and zone change on 5.89 acres located along the north side of Taff Highway approximately 900 feet west of Wible Road. (Staff recommends adoption of Resolutions and First Reading of Ordinance.) 1. Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from OC (Office Commercial) to HR (High Density Residential), 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district C -O (Professional and Administrative Office) to R -3 (Multiple Family Dwelling). (ward 4) e. Public Hearing to consider General Plan Amendment /Zone Change No. 13 -0127; Bolthouse Properties LLC, (property owner) has applied for a general plan amendment and zone change on 80 acres located at the southeast corner of Stockdale Highway and Heath Road. (Staff recommends adoption of Resolutions and First Reading of Ordinance.) 1. Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from HR (High Density Residential) to LR (Low Density Residential) and HMR (High Medium Density Residential) to HR (High Density Residential), 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to R -3 (Multiple Family Dwelling). Public Hearing to consider the City requesting a General Plan Amendment and Zone Change No. 13 -0234 at various park locations throughout the Metropolitan area (Staff recommends adoption of Resolution and First Reading of Ordinance.) 1. Resolution approving the general plan amendment changing the land use designation from various designations to OS (Open Space) and OS -P (Parks and Recreation) and changing the Kern River Plan Element land use designation to 3.1 (Public and Private Recreation Area) as shown on attached maps. A finding that the project Is exempt from CEQA will also be considered. 2. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the various zone districts to OS (Open Space) and RE (Recreation) as shown on attached map. City Council Meeting of 10/16/2013 9. CONSENT CALENDAR PUBLIC HEARINGS continued (Ward 3) g. Public Hearing to consider General Plan Amendment /Zone Change No. 13 -0243; McIntosh & Associates, representing Mt. Vernon Properties, LLC, (property owner) has applied for a general plan amendment to the Circulation Map and Bikeway Master Plan Map along College Avenue, generally between Fairfax Road and Morning Drive. (Staff recommends adoption of Resolution.) Resolution approving the general plan amendment to the Circulation Element and Bikeway Master Plan Map to re -align a portion of College Avenue to the north and extend a future southern collector street north to connect with College Avenue. A finding that the project Is exempt from the California Environmental Quality Act is also considered. 10. HEARINGS 11. REPORTS a. Animal Control Update, 12. DEFERRED BUSINESS a. Consultant Agreement with Cornerstone Engineering, Inc. (not to exceed $100,000), for providing on -call engineering and surveying services for non - federally funded Capital Improvement Projects during Fiscal Years 2013 -2014 and 2014 -2015. Staff recommends approval of Agreement. b. Legislative and Litigation Committee Majority and Minority report regarding a proposed Human Life Ordinance, A Majority and a Minority report are attached for Council consideration. 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT Respectfully submitted, 10/10/13 10.25am City Council Meeting of 10/16/2013 Alan Tandy City Manager 10/10/13 10.25am City Council Meeting of 10/16/2013 AGENDA HIGHLIGHTS October 16, 2013 COUNCIL MEETING REGULAR MEETING - 3:30 p.m. NOTE: In accordance with the new starting time for City Council meetings that went Into effect as of 2013, a separate meeting will be called to order at 3:30 p.m., followed by Public Statements that will encourage comments pertaining only to Closed Session matters. The Council will recess into Closed Session and, upon conclusion of the Closed Session, any Closed Session action will be announced and the meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the remainder of the agenda Items. There will be a conference with Legal Counsel regarding three matters of existing litigation and a conference with the Labor Negotiator. REGULAR MEETING - 5:15 P.M. Miscellaneous item Sac. Inclusion of Additional Language in City Council Goals Sul2oortjng Local Street Maintenance and Projects. During discussions regarding the financing of the TRIP projects, Councilmember Rivera, Chair of the Budget and Finance Committee, suggested that the City make a commitment that local street maintenance and construction projects (outside of the TRIP program) not decrease to an unacceptable level as a result of any long -term debt service requirements. On August 30, 2013, staff proposed suggested language to be added to the City Council Goals, which the Committee approved for consideration by the full City Council. At the September 25, 2013 Council meeting, Vice -Mayor Weir directed staff to present the proposed new language as a City Goals revision on a future agenda. Item 9b. Ordinance Granting the Southern California Gas Comg_any (SCG) Franchise. On September 25, 2013, the City Council approved a Resolution accepting SCG's franchise request and a Resolution of Intention to set the public hearing. The existing franchise agreement with SCH which allows them to provide gas distribution in the city will expire in March, 2014. A new agreement with SCH will include a 1 % surcharge above the existing franchise payment in exchange for an indeterminate term of the franchise. Those are the some terms that were agreed upon with PG &E when the City renewed their franchise in 2008. This item is for the first reading of the ordinance, with the second reading and adoption to follow on November 6, 2013. Item 9c. Qounfy Housing Authority Bond Issuance for the Park 20th Apartments Project. The County Housing Authority intends to issue approximately $6.5 million in tax - exempt bonds to finance a multi - family housing project at 400 20th Street. The Housing Authority will use the bond proceeds as a loan to Golden Empire Affordable Housing, Inc. II (GEAHI -II), the managing partner of the partnership that will own the project. In a separate, but related, action on June 5, 2013, the City entered into an agreement with GEAH -II to contribute land and $3.25 million of HOME, CDBG and /or recaptured redevelopment funds to the project. The Housing Authority will be responsible for repayment of the bonds; none of the City funding will be pledged towards repayment. This item requests approval of 1) a Resolution approving the bond issuance, and 2) an indemnification agreement to legally protect the City in the unlikely event of any legal claims or suits related to the proposed bond sale. Item 11a. Animal Control Update. Staff will provide a verbal update on the City's animal care program. Item 12b. Aareement with Cornerstone Engineering_ for On -Call Engineering Services. Staff is recommending approval of this agreement to help expedite delivery of certain CIP projects, including the design /build process for the Fire Station #8 remodel, the cul -de -sacs for the streets south of 24th Street, and the Police Shooting Range. With regard to the 24th Street cul- de -sacs, the City Council previously approved the closure and construction of cul -de -sacs for Beech, Myrtle, Spruce, Pine, Cedar, Cedar, A, B, and C Streets, if certain conditions are met, and if the property owners continue to support the project. The potential closures were authorized on meeting the conditions, whether the 24th Street widening project occurs, or not. The agreement is not -to- exceed $100,000.00, for a two year period and paid from previously approved CIP funding for these projects. Item 12c. MaJorify and Minority Committee Reports regarding a Proposed Human Life Ordinance. On September 23, 2013, the Legislative and Litigation Committee again addressed the proposed Human Life Ordinance, which has been under discussion for the past 15 months. The discussions resulted in a request for staff to forward to the City Council a Majority Report from Committee Members Maxwell and Johnson and a Minority Report from Committee Member Sullivan. The Majority Report includes a recommendation to table discussion on the ordinance indefinitely until such time as the majority of the Council says otherwise, and to adopt a resolution commending alternatives to abortion, to include adoptions as an alternative to abortion. The Minority Report, at the request of Councilmember Sullivan, states that she favors adoption of a fifth version of the proposed Human Life Ordinance and notes that a pro-life attorney is of the opinion that the proposed ordinance is written in such a way that would not put the City at risk. If the City Council moves adoption of the recommended resolution from the Majority Report, Councilmember Sullivan would like consideration of a change in the wording, as referenced in the Minority Report. In addition to the Majority and Minority Reports, the complete Legislative and Litigation Committee packet from the September 23, 2013 meeting_ ,jncluded with the Administrative Report. Approved: Alan Tandy, City Manager Ir cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - October 16, 2013 Council Meeting Page 2 ADMINISTRATIVE REPORT MEETING DATE: October 16, 2013 AGENDA SECTION: Closed Session ITEM:3. Q. TO: FROM: DATE: SUBJECT: VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney October 7, 2013 ;• DEPARTMENT HEAD yv CITY ATTORNEY vylg!�r CITY MANAGER Conference with Legal Counsel — Existing Litigation Closed session pursuant to Government Code section 54956.9(d) (1) City of Bakersfield v. County of Kern, et al. FCSC Case No. 13CECGO2817 DJK (Fresno County) City of Bakersfield v. County of Kern, et al. KCSC Case No. 13 C 0180 (Kings County) MBO Insurance Brokers, Inc. v. City of Bakersfield, et al. KCSC Case No. S- 1500 -CV- 279949, SPC S: \COUNCIL \CI Sess\Admins\ 1 3-14\ 10- 1 6-13EAstit.docx M' ADMINISTRATIVE REPORT MEETING DATE: October 16, 2013 AGENDA SECTION: Closed Session ITEM: 3 TO: FROM: DATE: SUBJECT: VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney October 7, 2013 AP ED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ Conference with Labor Negotiator pursuant to Government Code section 54957.6. S: \COUNCIL \CI Sess \Admins \13 -14 \1416- 13LaborNeg.docx MEETING DATE: October 16, 2013 AGENDA SECTION: Presentations ITEM: &i 0. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: October 4, 2013 P ROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER �S SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to Jacob Panero, representative of Metropolitan Recycling, for providing sponsorship funding to support the cooperative effort by the city, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages. RECOMMENDATION: BACKGROUND: krt October 4, 2013, 10:36AM MEETING DATE: October 16, 2013 AGENDA SECTION: Presentations ITEM: 14 TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: October 10, 2013 CITY ATTORNEY CITY MANAGER RS SUBJECT: Presentation by Mayor Hall of a Proclamation to Robert Duchow, Public Affairs Manager, Southern California Gas Company, declaring October 2013 "Energy Awareness Month" in Bakersfield. RECOMMENDATION: BACKGROUND: krt BAK OF �CQV44 ADMINISTRATIVE REPORT c IF MEETING DATE: October 16, 2013 AGENDA SECTION: Appointments ITEM: % TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk October 3, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY �-L- CITY MANAGER One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Alternate Member Sean Battle (Ward 1), whose term expires November 2014. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy on the Keep Bakersfield Beautiful Committee due to the resignation of the Ward 1 Alternate Member, Sean Battle, whose term expires in November 2014. The City Clerk's office received one application for this appointment from Isaiah Crompton. The Keep Bakersfield Beautiful Committee (KBBC) was formed on June 28, 2000. The Committee is comprised of eight (8) Mayor /Council- appointed members, who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding appointed Regular Committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement. Staff posted the news release for this recruitment on September 5, 2013. October 3, 2013, 9:48AM S:\ Bds &CommkKBBC\Alternates\2013\Ward 1\Administrative Report 10- 16- 13.doex Page 1 RG:jd MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk October 3, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY V c CITY MANAGER /`�' Approval of Minutes of the September 25, 2013, Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: Rg:ndw A 4 � J � ADMINISTRATIVE REPORT MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 2, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY ��- CITY MANAGER SUBJECT: Receive and file department payments from September 13, 2013 to October 2, 2013 in the amount of $16,272,344.27, Self Insurance payments from September 13, 2013 to October 2, 2013 in the amount of $350,358.44, totaling $16,622,702.71 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: October 2, 2013, 4:05PM SAKim GWDMIN \COUNCIL - ADMIN- AP- 2014WDMIN —AP 101613.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: $ . C . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas R. Greener, Fire Chief September 24, 2013 APPROVED DEPARTMENT HEAD 2(G CITY ATTORNEY p CITY MANAGER iw First Reading of Ordinance Amending Chapter 15.65 of the Bakersfield Municipal Code Relating to the California Fire. Code. (All wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The State has adopted the 2013 Edition of the California Fire Code which is a modified version of the 2012 International Fire Code. This is part of the normal code adoption cycle which occurs every three years. Fire departments are authorized to locally amend and adopt the California Fire Code, provided the local amendments are no less stringent than the State -wide standards. The 2013 California Fire Code includes a requirement for fire sprinklers in all new single and multi- family dwellings, which has previously been in effect since 2011. Fire staff has met with the Home Builders Association about the adoption of the new codes. Staff has received minimal comments. The 2013 California Fire Code includes a requirement for fire sprinklers in all new bars, nightclubs, and banquet halls with an occupant load of 100 persons or more. This ordinance provides for a fire alarm to accompany a fire sprinkler system in all new bars, nightclubs, and banquet halls where alcohol is served. This local amendment makes the fire alarm requirement consistent with the fire sprinkler requirement. The remainder of the proposed code changes are strictly re- numbering of existing provisions. State law requires that the City of Bakersfield adopt these codes by January 1, 2014. A copy of the code is on file at the City Clerk's office for review. H. Wines /CBlair MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: Jr. d , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: October 4, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution to Authorize Sale of Surplus Ford Van to Bakersfield Homeless Center, a non - profit organization for two thousand five hundred dollars ($2,500). RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The City has received a request from the Bakersfield Homeless Center, a nonprofit organization to purchase a surplus Ford Van. The City has multiple contracts with the Bakersfield Homeless Center to provide workers from the job development program "Work 4 Success ". The van will be used to transport crews provided by the Homeless Center to various worksites. Staff recommends the sale of a surplus van to the Bakersfield Homeless Center for two thousand five hundred dollars ($2,500). The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any sale to a governmental entity or non - profit organization shall be subject to confirmation and approval by the City Council. The equipment is being sold "as is with all faults" to remove the City from any potential liability claims. October 4, 2013, 12:15PM /kb S:\PURCHWDMINWdmin 13 -14 \Surplus Property Ford Van - Homeless Center, October 16, 2013.docx MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: 2. e TO: Honorable Mayor and City Council APPROVED �.' FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: October 1, 2013 CITY MANAGER SUBJECT: Resolution approving the application for grant funds for the Urban Greening Planning Grant Program. (All Wards) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: California voters passed the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act (Proposition 84) on November 7, 2006. Proposition 84 authorized to appropriate up to $17.5 million for the purpose of creating urban greening plans. The Legislature established the Strategic Growth Council (SGC) in 2008, a cabinet level committee that is tasked with coordinating the Urban Greening Planning Program. One of the many goals of the SGC is to improve California's urban areas by advocating for and supporting development of greener, public spaces. The Urban Greening Planning Program provides funds to assist entities in developing a master urban greening plan that will ultimately result in projects to help the State meet its environmental goals and the creation of healthy communities. The plan must be consistent with the State's planning policies and any applicable general or regional plan. The plan must outline or layout projects that reduce greenhouse gas emissions and provide multiple benefits including, but not limited to, decreasing air and water pollution, reducing the consumption of natural resources and energy, increasing the reliability of local water supplies, or increasing adaptability to climate change. The Strategic Growth Council is currently soliciting grant proposals for the third and final round of urban greening planning grants to be awarded under funding made available through Proposition 84. The maximum available grant award is $250,000, and there is no requirement to provide any matching funds. Working in collaboration with the Downtown Bakersfield Development Corporation (DBDC) and other groups, it was determined that this grant opportunity would be a good fit with the DBDC's proposal to develop a "Safe, Secure, and Welcoming" Plan for downtown Bakersfield. The goal of the Safe, Secure, and Welcoming Plan is to develop a comprehensive plan for trees and ADMINISTRATIVE REPORT Page 2 landscaping, lighting, streetscapes, wayfinding signage, and other appropriate amenities within the public areas of downtown Bakersfield, all with the goal to create a physical environment that is more secure, appealing, and inviting to the public. It is believed this planning effort will also help to spur the creation of new businesses and development within the downtown area, as well as enhance the business climate for existing businesses. Further research revealed that, although the focus and emphasis of the Urban Greening Planning Grant is on planning for trees and urban landscaping, the grant application could be further broadened to also include planning for the other complimentary amenities mentioned above (e.g. lighting, signage). Based on this, it was determined that the City could apply for the maximum $250,000 planning grant to develop a plan that would jointly encompass the objectives of both the Strategic Growth Council's Urban Greening Planning Program and the DBDC's Safe, Secure, and Welcoming Initiative. It should be noted that if the City succeeds in being awarded the grant funding, the City would be the lead in developing the Bakersfield Urban Greening Plan, most likely with the assistance of a consultant paid for with the grant funding. The DBDC and other interested groups would also have the opportunity to participate and provide input during the development of the plan. It should also be noted that the grant funding would be for the purpose of developing a plan only. It would not cover costs for installation of any improvements or other implementation of the plan. The subsequent implementation of the plan would be entirely subject to the availability of future funding, whether that be via City sources or funding raised by the DBDC or other groups. At the time this report was prepared, staff was in the process of developing the specific grant proposal. Based on the grant guidelines and other urban greening efforts throughout the State, the Urban Greening Plan can include the following components: Analyzing and Developing Greening Opportunities Establish an existing inventory and deficiencies analysis identifying opportunities for urban greening projects. Determine opportunities for connecting, expanding or enhancing current parks, school sites, and other open space within the community. Develop a cohesive strategy with acceptance from key stakeholders and community members. Design Guidelines and Standards Develop a water efficient plant palette that includes drought - tolerant and native species and shade trees. Create design guidelines and standards for public landscaping that can be used throughout the community and takes into consideration water usage, cost of maintenance, reduction of greenhouse gas emissions and the consumption of energy and natural resources. Develop green roof and cool roof criteria for development projects. ADMINISTRATIVE REPORT Page 3 Streets and Pedestrians • Create a system of green streets, provide enhanced experiences for pedestrians, bicyclists and transit users, and create linkages between existing, planned and proposed community facilities, parks, and trails. • Provide residents with close -to -home and close -to -work access to pedestrian and bicycle trails that connect to popular destinations and surrounding natural areas. Community Gardens Develop community garden guidelines for creating and managing community gardens. Recommend how the City could work with community partners to promote community gardens. Also as indicated above, it is proposed the grant application will include other components specific to downtown Bakersfield, including additional components beyond just greening and landscaping measures. • Identify opportunities and develop standards a comprehensive system of lighting within the public realm. • Identify opportunities and create a public wayfinding signage system to easily direct the public to places of interest within the downtown. • Enhance community connectivity to encourage visitors and employee commutes to downtown using pedestrian, bicycle and transit routes. • Identify other improvements to enhance and make the public realm more appealing • Create safe pedestrian connectivity with efficient lighting to popular destinations and surrounding natural areas. • Identify areas for a downtown farmers market. • Identify areas for parklets* or other small open spaces. *A parklet is a small space serving as an extension of the sidewalk to provide amenities and green space for people using the street. It is typically the size of several parking spaces. CG\ S: \Cecelia \Greening Grant \Admin for Reso Approvol.docx ADMINISTRATIVE REPORT -vv MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: 1. P. TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: October 4, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY Sal CITY MANAGER SUBJECT: Resolution determining that the Chief of Police is appointed as agent authorized to execute Memorandums of Understanding (MOUs) with the Kern allied agencies participating in the Kern AVOID 18 Project funded by a grant from the California Office of Traffic Safety. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The Bakersfield Police Department (BPD) has been awarded $195,000 from the State Office of Traffic Safety (O.T.S.) to serve as the host agency for a Regional DUI effort in Kern County to reduce alcohol- involved fatalities and injuries, and to raise general public awareness regarding the problems associated with drinking and driving. This grant award includes a provision of $78,052 to fund allied agency operations. However, before an allied agency may participate in the AVOID program, O.T.S. requires the agency to make a formal commitment to the program via a Memorandum of Understanding (MOU). Potential participating agencies include Police Departments from the cities of Arvin, Bear Valley, California City, CSUB, Delano, KCDA Crime Lab, McFarland, Ridgecrest, Shafter, Stailion Springs, Taft, Tehachapi, Kern County Sheriff's Department, KERN County Probation Department, ABC and the California Highway Patrol. The Chief of Police needs the ability to promptly and efficiently execute MOUs with participating agencies in order to abide by the strict time requirements of the OTS grant. Grant activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force Operations, DUI Warrant /Probation Sweeps and Court Sting Operations for repeat DUI offenders during the Winter Holiday Mobilization, Memorial Day Weekend, Independence Day Weekend /Period, Summer Mobilization, special dates, county fairs, festivals, and other community events with identified DUI problems. DB MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 3, 2013 DEPARTMENT HEAD /I/l CITY ATTORNEY CITY MANAGER SUBJECT: Resolution determining that hockey spectator netting system 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 $77,000. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The existing hockey spectator netting system- at the Rabobank Arena is approximately 11 years and is in need of replacement. The City desires to install a motorized system which will be less labor intensive to install prior to hockey games and will provide a higher level of safety for spectators. Sport Systems Unlimited can provide a motorized netting system that fully integrates into existing facility equipment at the Rabobank Arena. In addition, they can meet specified time constraints for installation in November 2013. Staff is recommending adoption of the Resolution to dispense with bidding for a motorized hockey netting system to be purchased from Sport Systems Unlimited not to exceed the budgeted amount of $77,000. Funds are budgeted in the Capital Outlay Fund for this project. Purchasing Division/kb S:IPURCHWDMINWdmin 13 -14 \Hockey Spectator Netting, Dispense with Bidding, October 16, 2013.docx October 3, 2013, 5:04PM MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: $. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD /A� DATE: October 1, 2013 CITY ATTORNEY _R CITY MANAGER SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector. 1. Area 2 -54 (1 100 Valhalla Drive) - Ward 6 2. Area 5 -68 (2100 Panama Lane) - Ward 2 RECOMMENDATION: Staff recommends adopting the Resolutions. BACKGROUND: On August 14, 2013, the Council adopted Resolutions of Intention No. 1760 and 1761 respectively, adding the above territories 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 areas 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 these territories 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 properties 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 recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. Ps G: \GROUPDAT \ADMINRPT \2013 \10 -16 \Res est CMD 2 -54 5- 68.docx MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: Q TO: Honorable Mayor and City Council AREROV E ID FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: October 1, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) # 1764 to add Area 5 -69 (601 Tollhouse Drive) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 1) 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 recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. Ps G: \GROUPDAT \ADMINRPT \2013 \10- 16 \ROI est CMD 5- 69.docx MEETING DATE October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: Q� ' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 1, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution of Intention No. 1762 to order the vacation of the alley located in Block 527, between 28th Street and 29th Street, east of Chester Avenue. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution of Intention. BACKGROUND: The City of Bakersfield has received a request from San Joaquin Community Hospital to vacate the alley located in Block 527, between 28th Street and 29th Street, east of Chester Avenue. The area is to be used as a parking lot for a new building currently under construction. The final hearing is set for the Council Meeting scheduled on November 20, 2013. 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 Is City sewer facilities located in the alley. The utility companies serving the area have been notified by mail. AT &T indicated that they have existing facilities in the alley. 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. A public utilities easement will be reserved in this alley for City sewer facilities and public utilities. On September 20, 2013, the Planning Department found the proposed vacation of the alley located in Block 527, between 28th Street and 29th Street, east of Cheater Avenue 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. /mm October 1, 2013; 3:13 PM G: \ADMINRPT \2013\ 10 -16 \28TH -29TH STREET ALLEY VACATION ADMINISTRATIVE REPORT MEETING DATE October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD nn,w.t DATE: October 7, 2013 CITY ATTORNEY Fitt CITY MANAGER SUBJECT: Resolution of Intention No. 1763 to order the vacation of the 29 -foot alley running north -south in Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution of Intention. BACKGROUND: The City of Bakersfield has received a request from the property owner of 1616 U Street to vacate the 29 -foot alley running north -south In Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue. This will give the adjacent property owners more useable land for future additional parking, building, and /or storage yard expansion. The final hearing is set for the Council Meeting scheduled on November 20, 2013. 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 Is City sewer facilities located in the alley. The utility companies serving the area have been notified by mail. Public Works has received no objections 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. A public utilities easement will be reserved in this alley for City sewer facilities, On October 1, 2013, the Planning Department found the proposed vacation of the 29' alley running north -south in Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue 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. /mm October 7, 2013: 8:33 AM G: \GROUPDAT \ADMINRPT \2013\ 10- 16 \U -V STREET ALLEY VACATION MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD��.v DATE: September 25, 2013 CITY ATTORNEY &. CITY MANAGER_ SUBJECT: Agreement with Bakersfield Senior Center, Inc. ($85,000) of Community Development Block Grant funds for operational expenses at 530 4th Street. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors of Bakersfield for well more than 30 years. Its mission is to encourage older adults to participate in a variety of volunteer activities and programs so they remain an integral part of the community. In addition, BSC continues to provide many services through the center to ensure the health and welfare of the seniors. The City has provided Community Development Block Grant (CDBG) funds to BSC since 2002 due to a continued reduction in donations to the center's operations. In the Fiscal Year 2013/14 Action Plan process, CDBG funding for BSC was budgeted in the amount of $85,000. The allowable expenses include employee salaries and benefits, professional fees, facility operational costs such as office supplies, utilities, maintenance, and food and supplies for serving congregant meals on site. S: \T.J. \EDCD_Shared \Admins \City Council \City Council Admins 2013 \CDBG Funding 2013- 14.doc m �I �4 �a, ``♦ F ADMINISTRATIVE REPORT MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: I?. M. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 30, 2013 AP_ DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Approval of Final Map and Improvement Agreement Final Map and Improvement Agreement with Castle & Cooke California, Inc., a California corporation, for Tract 6448 Unit 11 located south of Stockdale Highway and west of Renfro Road, (Ward 4) RECOMMENDATION: Staff recommends approval of map and agreement, BACKGROUND: This Agreement is entered Into to secure the improvements required for the Subdivision Map. Such Improvements Include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. e September 30, 2013, 4:06PM G:\GROUPDATWDMINRPT 12013 \10- 16\T6448 -11 Map and IM AGR.doc A J � ADMINISTRATIVE REPORT MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: ?.A. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: September 26, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY T`� CITY MANAGER SUBJECT: Amendment No.l to Agreement No. PW 12 -055 with PLCs Plus International, Inc. ($50,000.00; revised not to exceed $90,000.00) for Supervisory Control and Data Acquisition (SCADA) system support & maintenance Services for Wastewater Treatment Plants 2 and 3 (Wards 1 and 6) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Wastewater Treatment Plants 2 and 3 use Supervisory Control and Data Acquisition (SCADA) systems to monitor and control the wastewater treatment processes. SCADA systems also integrate with existing alarms, which allow staff to respond immediately to problems with treatment processes at the Plants. Support and maintenance of the SCADA system is contracted out because staff does not have the technical expertise to trouble shoot the system. Approximately $18,000 remains on this agreement. Staff anticipates that these funds will be depleted with the upgrade of Plant 3's SCADA system. Plant 3's current SCADA system is based on Windows XP (programming), which is no longer suitable to support new upgrades for the SCADA system. Until recently, each wastewater treatment plant had its own agreements for SCADA support and maintenance. Plant 2's agreement has expired. For efficiency, staff recommends the consolidation of these SCADA agreements. This Amendment expands the scope of work to include SCADA support and maintenance for both Treatment Plants. This Amendment also increases the compensation by $50,000, allowing $25,000 dollars each for Plant 2 and Plant 3 to have on call maintenance and support from PLC's Plus on an as needed basis for the duration of this agreement. Sufficient funds are budgeted within the Sewer Enterprise Fund to cover costs associated with this amendment; therefore, there is no General Fund impact. Rp C:\ Users \glorenzi \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \Amend PLC PW 12- 055.docx A ,opon, o S �t ADMINISTRATIVE REPORT 10 MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: September 26, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 11 -124 with RM Industries; extending the contract term one year, and adding $50,400 (for a total not to exceed amount of $151,200) to continue the supply of Amtrak Station janitorial services. (Ward 2) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On October 19, 2011, Council approved the Annual Contract for the supply of Amtrak Station janitorial services to RM Industries in the amount of $50,400; renewable annually thereafter for four consecutive one -year periods. On September 12, 2012, Council approved Amendment # 1 extending the contract term one year and increasing compensation $50,400 to allow for the continued janitorial service at the Amtrak Station. If approved, Amendment No. 2 will add $50,400 for a revised not to exceed amount of $151,200 and extend the term one year. Funds are budgeted in the General services operating account within the Amtrak Operating Fund, which is funded by state transportation revenues. No General Funds will be used to service this contract. Approval of the amendment will allow the City to continue to meet the demand for Amtrak Station janitorial services. Purchasing Division/ch S VURMADMIMAmendments 13 -14\AC for Amtrak Station Janitorial Services Amendment #2 to Agreement 11- 124.docx October 2, 2013 9:00 AM MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: 9. P. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: October 1, 2013 CITY ATTORNEY V� CITY MANAGER )els SUBJECT: Amendment No. 1 to Agreement No. CAI 2-013 with California Eminent Domain Law Group, APC ($40,000; revised not to exceed $65,000) to provide outside legal services in the matter of City of Bakersfield v. Anthony C. Evans and Carol Ross Evans, etc., et al. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On September 19, 2012, the City entered into Agreement No. CA 12-013 with California Eminent Domain Law Group, APC, for legal representation in matter of City of Bakersfield v. Anthony C. Evans and Carol Ross Evans, etc., et al., Kern County Superior Court case number S -1500- 277076 DRL. California Eminent Domain Law Group is providing legal support in securing possession of property for a drainage basin necessary for SRI 78 & Morning Drive Interchange TRIP projects through eminent domain. Several lawsuits were filed to acquire the necessary property for the SR 178 /Morning Drive Interchange project. Of those lawsuits, only one has not yet been resolved - the Evans /Koss litigation. The property owners in that litigation contested possession and the City's ability to acquire their property by eminent domain. Recently, the City was successful in finalizing possession and justifying its acquisition of the property. At this time, the City Attorney's Office requests that we amend the contract to add additional compensation. This Amendment No. 1 to Agreement No. CA] 2-013 will result in a total Not to Exceed amount of $65,000 in order for outside counsel to continue representation. There are adequate funds in the City Attorney's budget to cover the legal fees. VG:ac S:\C0UNC1L\Admins\13-14 Admins \CEDLGAttyAgrCA 12- 013EvansAmd l ..docx MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 2, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER PkS SUBJECT: Contract Change Order No. 52 to Agreement No. 08 -214 with Security Paving Company, Inc. ($112,038.24; revised not to exceed $28,272,738.57; change order funded with utility surcharge fees) for the Construction of the Westside Parkway Phase I Project (TRIP) (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists, in general, of constructing the first phase of the Westside Parkway project which includes the new construction and widening of Mohawk Street from Rosedale Highway to Truxtun Avenue. The project includes bridges over the Kern River, the BNSF railroad, as well as over the Westside Parkway. The Construction Management firm retained by the City for Phase 1 of the Westside Parkway project has pursued obtaining a final response from the construction contractor for the contractor's extra work tickets, quantities for all construction activities and items, and any claims for the project. After many months, the contractor submitted a proposed final change order that totaled over $600,000. For over a year, the Construction Management Consultant and City staff met with the contractor on several occasions to review the contractor's submittal and negotiate the contractor's final claim. Change Order No. 52 is the result of this negotiation process and is the final change order for this project. This Change Order provides compensation to the contractor for settlement of all Notice of Potential Claims and delays the contractor has claimed during this project. This change order includes full and final compensation and fully resolves all aspects of all existing and potential claims by the contractor. This change order results in a net increase of $112,038.24. Staff recommends approval of Contract Change Order No. 52. Change Orders to date, including this proposed Change Order, total $544,518.76. This is a 1.96% increase over the original Agreement amount as illustrated below: • Original Contract Amount = $ 27,728,219.81 • Previous Change Orders = $ 432,480.52 • Current Change Order No. 52 = $ 112,038.24 Amended Contract Agreement after Change Orders = $ 28,272,738.57 Net Increase to date = $ 544,518.76 Sufficient funds have been previously budgeted to pay for this contract change order. Tdw:G: \GROUPDATWDMINRPT \2013 \10- 16Wdmin Rpt CCO WSP Phase 1 - revised.docx MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: g. r. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 3, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 2 to Agreement No. 13 -093 with Bowman Asphalt Inc. ($18,395.37; revised not to exceed $739,416.27) for the project known as Pavement Rehabilitation 2013 Phase 3: Dr. Martin Luther King Jr. Boulevard from Wilkins Street to E. California Avenue (Ward 1). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists of rehabilitation of the existing structural section of the pavement, installation of pavement markings and striping, and installation of traffic detector loops. During excavation operations, it was discovered that 335 feet of the existing concrete storm drain pipe in the street was within the area of the roadway that is being reconstructed. As such, a concrete cap will need to be poured over this storm drain pipe to protect it from both the construction and future traffic loads. The contractor has agreed to do this work including the additional excavation for the lump sum price of $30,022.64. In order to complete the project per the plans and specifications, several contract item quantities had to be either increased or decreased. These adjustments in contract quantities will result in a net credit of ($11,627.27). The net cost increase of Contract Change Order No. 2 is $18,395.37. The sum of all change orders to date on this project reflects a total cost increase of $96,990.27 (which results in a 15.1 % increase of the original contract amount) as illustrated below: • Original Contract Amount = $642,426.00 • Amended Contract Agreement after Change Orders = $739,416.27 Net Increase to date = $ 96,990.27 Sufficient funds are budgeted to fund this Change Order. Federal funds will cover 88.53% ($16,285.42) of the cost of this change order. The local match requirement of 11.47% ($2,109.95) will be funded with gas tax revenues. Therefore, there is no General Fund impact associated with this Change Order. RM (Construction) October 3, 2013, 11:53AM G:\GROUPDATIADMINRPT \2013 \10 -16 =0 2 Dr Martin Luther King Jr Blvd Pavement Rehab.doc A U O �o ADMINISTRATIVE REPORT MEETING DATE October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: Q, S TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Art Chianello, Water Resources Manager September 30, 2013 APPROVED DEPARTMENT HEAD 4 G CITY ATTORNEY CITY MANAGER Reject all bids for drilling three (3) small diameter domestic water pump test wells at future Water Well Nos. CBK -56, CBK -57, and CBK -58. (Ward 5) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: On September 11, 2013, the City of Bakersfield received two bids for the above referenced project. Staff would like to modify the bid specifications and the completion schedule for the project and rebid the project so that more bids may be received. Staff is recommending rejecting all bids. Staff will revise the bid specification and re -bid this project at a later date with the goal of obtaining more qualified bidders on the project. jlm SA2013 ADMIN REPORTS1Three Domestic Test Wells 2013 09 26 Final.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: f +. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓ DATE: October 2, 2013 CITY ATTORNEY CITY MANAGER—! & SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $103,921.42 for three (3) replacement one ton crew cab pickups for use by the Recreation and Parks Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the purchase of three (3) one ton crew cab pickups. Five (5) bids were received in response to solicitation. Funds are budgeted in the Equipment Replacement Fund for the purchase of three (3) replacement one ton crew cab pickups. The units to be replaced have high mileage and have reached their useful life. These vehicles are used to transport multiple mow crew personnel and gooseneck trailers with large mow equipment. The five (5) bids received are as follows. BIDDER AMOUNT VEHICLE TYPE Jim Burke Ford $103,921.42 2014 Ford F -350 Bakersfield, CA Paso Robles Ford $106,215.75 2014 Ford F -350 Paso Robles, CA Raceway Ford $107,774.33 2014 Ford F -350 Riverside, CA Crown Dodge Chrysler Jeep -Ram $124,492.73 2014 Dodge Ram Ventura, CA McPeek's Dodge $125,698.88 2014 Dodge Ram Anaheim, CA Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHWDMIMAdmin 13 -14 \One Ton Dually Crew Cab Pickups, 13- 14 -22, October 16, 2013.docx October 4, 2013 MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: • TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 4, 2013 DEPARTMENT HEAD i ✓S CITY ATTORNEY CITY MANAGER Accept bid and approve contract to Pacific West Sound ($375,970.56) for dimmer panel replacement at Bakersfield Convention Center. (Word 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for dimmer panel replacement at Bakersfield Convention Center. This project was bid as a non - prevailing wage project. Three (3) bids were received in response to the solicitation. The existing dimmer panels are outdated (original equipment from the 1960s). Due to the age of the equipment parts are no longer available for repairs. The dimmer panels are failing and have been for years. Due to these failures, the existing equipment is functioning with diminished capacity and has affected shows and events at the Convention Center. The low bid received from Three Phase Electric did not include a bid bond or bidder's security as required by the bid document. Staff recommends declaring their bid non - responsive based on the failure to meet the bonding requirements. The next lowest bid received from Pacific West Sound meets the minimum specifications and is considered acceptable by staff. The three (3) bids received (including the non - responsive bid) are as follows: Three Phase Electric, Bakersfield, CA $374,233.00 PacMc West Sound, Bakersfield, CA $375,970.56 A -C Electric Company, Bakersfield, CA $462,000.00 No - Bid Security not included Yes Yes Funds are budgeted in the Capital Outlay Fund for this project. Staff finds the bid submitted by Pacific West Sound to be acceptable and recommends approval of the contract in the amount of $375,970.56. Purchasing Division/kb SAPURCHWDMINWdmin 13-14 \Dimmer Panel Replacement at Convention Center, 13 -14 -07, October 16, 2013.docx ADMINISTRATIVE REPORT MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APP_ FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 2, 2013 CITY ATTORNEY__ CITY MANAGER SUBJECT: Accept bid and approve contract to Crosstown Electrical and Data ($303,630.00) for the Install Traffic Signal Synchronization - Part 3 project (Wards 2 & 3). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract BACKGROUND: This project will install traffic signal interconnect conduit, wiring, and monitoring cameras along Chester Avenue between City Hall and Columbus Street, and along California Avenue between Stockdale Hwy and Mohawk Street. With this new interconnect installed, traffic signal timing along this segment can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This project is 88.53% federally funded through the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47% locally funded through gas tax funds. The Engineer's Estimate for this construction contract was $397,045. On August 14, 2013, a total of three bids were received; all of these bids are acceptable. The acceptable bids are as follows: Crosstown Electrical & Data 5463 Diaz Street Irvindale, CA 91706 Loop Electric, Inc. 7040 Downing Avenue Bakersfield, CA 93308 (City) PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92614 in the amount of $303,630.00 in the amount of $323,630.00 in the amount of $594,696.00 Because this project includes federal funding, this project is subject to prevailing wages. Sufficient funds are budgeted to award the contract. As previously noted, federal CMAQ grant funds and gas tax revenues provide the funding sources for this project. Therefore, there is no General Fund impact. Public Works/ Traffic Engineering/ JU G:\GROUPDATW DMI NRPT\ 2013 \10- 16Wdmin_T2K209_SynchPart3. doc October 3, 2013, 12:18PM MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ]ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 7, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY p,. CITY MANAGER /� Accept bid and approve contract to Crosstown Electrical & Data ($326,500.00) to relocate and upgrade the Traffic Operations Center (All Wards). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: The City's existing Traffic Operations Center (TOC) was built in 1998 and provides communications with 339 traffic signals. This communication system allows traffic signals to be monitored from a central location so staff can respond quickly to signal timing and signal equipment issues. The communications system is also used for synchronizing signals along major routes. However, the existing TOC equipment and software has become outdated. This project will update and relocate the TOC from the Public Works Annex Building to the second floor of City Hall South. The project includes a new video display wall, video system controller software, and associated room improvements. The traffic signal communications, monitoring, alarm reporting, and database software will also be upgraded. The communication equipment, servers /modems, fiber cables, and copper cables will be relocated to the City's Information Technology equipment room. This project is 88.53% federally funded through the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47% locally funded through gas tax funds. The Engineer's Estimate for this construction contract was $315,000. The project had only two prequalified contractors that passed the RFP process (out of three total who submitted). Of those two prequalified contractors, only one chose to bid on the project. This is a very unique and specialized project that requires highly trained professionals in very specialized fields. Only a few contractors in the State of California are trusted to perform this type of work. On September 5, 2013, a total of one bid was received; this bid is acceptable. The acceptable bid is as follows: Crosstown Electrical & Data 5463 Diaz Street Irvindale, CA 91706 in the amount of $326,500.00 Public Works / Traffic Engineering / RS G: IGROUPDATIADMINRPT12013 \10- 161Admin_T2K207_TOC. doc October 7, 2013, 1:41 PM ADMINISTRATIVE REPORT Because this project includes federal funding, this project is subject to prevailing wages. Sufficient funds are budgeted to award the contract. As previously noted, federal CMAQ grant funds and gas tax revenues provide the funding sources for this project. Therefore, there is no General Fund impact. Public Works / Traffic Engineering / RS G:\GROUPDATIADMI NRPT \2013 \10- 16\Adm i n_T2K207_TOC. doc October 7, 2013, 1:41 PM A O� �pvo , P ADMINISTRATIVE REPORT C rw MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: g - X TO: Honorable Mayor and City Council APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD ae DATE: October 9, 2013 CITY ATTORNEY ✓6-- CITY MANAGER s SUBJECT: Accept proposal and award contract to Zim Industries, Inc. dba Bakersfield Well and Pump Company (not to exceed $170,000) for on -call services for maintenance and repair of the City's agricultural and domestic water wells. (Ward 4, 5,6 and 7) RECOMMENDATION: Staff recommends acceptance of proposal and award of contract. BACKGROUND: The City of Bakersfield owns and operates 73 ground water production wells for domestic and agricultural purposes. Due to the specialized services needed to keep the wells operating properly and the work done in a timely manner and to realize potential cost savings in repair work, notification of Request for Qualifications and Fee Proposals (RFQ /P's) were solicited by the Purchasing Division for the agreement of the maintenance and repair of the City's ground water production wells. Proposals to the RFQ /P were received from two firms; 1) Layne Christensen Company (Layne) and 2) Zim Industries, Inc. dba Bakersfield Well and Pump Company. The table below illustrates the type and quantity of wells and approximate annual cost for maintenance and repairs. Domestic Water Wells Agricultural Water Wells 67 water wells 6 water wells Annual repair costs approximately 130,000 Annual repair costs approximately 40,000 Maintained under current Cal Water contract as Expired non - prevailing wage contract Proposed agreement combines both domestic and agricultural wells under a single non- prevalling wage agreement. The objective of the proposed agreement is to combine the repair and maintenance needs of both the domestic water wells and agricultural water wells under a non - prevailing wage contract. The estimated annual savings under the staff's proposed agreement is approximately $23,000 to $32,000 due to savings under a non - prevailing wage contract. BA ADMINISTRATIVE REPORT Based on the qualifications and fee schedule submitted by Zim Industries, Inc., staff recommends acceptance of the proposal and award of the contract in an amount not to exceed $170,000 for a period of one year. The agreement also includes provisions for two consecutive one -year extensions unless either party terminates the agreement by providing 30 days written notice to the other party. The addition of this on -call contractor will give the department an additional option that allows staff to get city water wells repaired in the most timely and efficient manner. Funding for Year 1 of the water well maintenance program is currently budgeted in the Water Resources Department's FY 2013 -14 operating budget. Additional funds will be budgeted in subsequent years for Years 2 and 3 should this ongoing program be extended. The project will be funded with Agricultural and Domestic Water Enterprise Funds. No General Fund dollars will be expended for this program. S: \2013 ADMIN REPORTS \Zimindustrieslnc \MR MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council A R VE FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 3, 2013 CITY ATTORNEY D CITY MANAGER /C`S SUBJECT: Accept bid and approve contract to Kern Asphalt Paving & Sealing Company ($338,900.00) for the Bakersfield Municipal Airport Runway 16 -34 and Taxiway A Rehabilitation and Replace Rotating Beacon (Ward 1). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project consists, in general, of airport site improvements, including pavement resurfacing, installing pavement markings and replacing a rotating beacon. This project is 90% federally funded through the Federal Aviation Administration (FAA), 5% State funded through the State of California Aid to Airports Program grant, and 5% locally funded through aviation revenues. Because this project includes federal funding, this project is subject to prevailing wages. The Engineer's Estimate for this construction contract was $465,000. On August 14, 2013, a total of two bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Kern Asphalt Paving & Sealing Company 2000 Norris Road Bakersfield, CA 93308 (County) Pavement Coatings Co. 10240 San Sevaine Way Jurupa, CA 91752 in the amount of $338,900.00 in the amount of $369,005.20 Sufficient funds are budgeted for award of this contract. There is no General Fund impact associated with this project since the project is funded with both federal and state grants and general aviation revenues. Public Works / Design Engineering / NSG / P3K013 & P2K206 G: \GROUPDAT\ADMINRPT \2013 \10- 1UBakersfield Municipal Airport- Resurfacing and Replacing Beacon.doc October 3, 2013, 12:09PM MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: . Z TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 2, 2013 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $36,090.00 Federal Safe Route to Schools grant funds and $4,010.00 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget within respectively the SAFETEA -LU Fund and Gas Tax Fund for the Benton Street Flashing Beacon Project (Ward 7). RECOMMENDATION:. Staff recommends approval of appropriations. BACKGROUND: The City of Bakersfield successfully applied for a Safe Route to School (SR2S) grant to install a flashing yellow beacon at the intersection of Benton Street and Echo Avenue for Frank West Elementary School. This yellow flashing beacon will alert drivers that small children are in the area walking to school and to be extra cautious. Installation of the flashing yellow beacon is anticipated to be completed by the end of this calendar year. Funding sources for this project include both the federal grant and gas tax revenues, which will fund the 10% local match requirement. Therefore, there is no General Fund impact with this project. This Administrative Report appropriates the 90% federal share and 10% local match requirement for Benton Street Flashing Beacon project. Because this project includes federal funding, this project is subject to prevailing wages. JU / October 3, 2013, 12:21 PM G: \GROUPDAT \ADMINRPT\ 2013\ 10- 16 \Admin_T9K125_BentonBeacon - revised.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: $, 0.0. . TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: August 7, 2013 CITY ATTORNEY �� CITY MANAGE SUBJECT: City Council Goals: Inclusion of Additional Language in Support Maintenance, Resurfacing, and Road Construction Projects RECOMMENDATION: Staff recommends the addition of language to the City Council Goals to reinforce the financial support for local street maintenance, resurfacing, and road construction projects, as requested by the Budget and Finance Committee and the City Council. BACKGROUND: The Budget and Finance Committee addressed issues related to the financing of the Thomas Roads Improvement Program (TRIP) projects at their meetings of July 29th and August 30th, 2013. During the course of discussions, Committee Chair Rivera suggested the City make a commitment that local annual road maintenance and construction, outside of the TRIP projects, does not decrease to an unacceptable level as a result of any long -term debt service requirements. In response to his request, staff suggested language to the Committee to consider an addition of a new Target Action under City Council Goal #2 - "Enhance the City's Transportation Network ", as follows: As the City continues to transition through the TRIP Capital projects, the City Council has a strong desire to maintain or exceed historic levels of support for street maintenance, resurfacing, and road construction projects for all related purposes, including support of the bicycle master plan." On August 30, 2013, the Budget and Finance Committee unanimously approved a motion to incorporate the suggested language into a report to be forwarded to the City Council for consideration. The September 25, 2013, the City Council meeting included an agenda item regarding the TRIP Financing Plan and the Validation Action. As part of that discussion, Vice -Mayor Weir requested that staff present the proposed Goals revision on a future agenda for the City Council's consideration. Staff recommends the new language, as referenced above, be inserted in the City Council Goals document, as previously directed. rks ADMINISTRATIVE REPORT MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: g. 1010, TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: October 04, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Distribution of $716,158 from the Board of State and Community Corrections to the municipalities, contract cities and special districts in Kern County in accordance with the terms agreed upon by the Chiefs of Police of each city and special district within Kern County and the Kern County Sheriff. RECOMMENDATION: Staff recommends approval of the distribution. BACKGROUND: The 2011 Public Safety Realignment, Assembly Bill (AB) 109 and AB 117, transferred the responsibility for incarcerating adult offenders of non - serious, non - violent or non -sex offenses to county jails instead of State prison. Additionally, AB 109 authorized the early release and probation of certain individuals incarcerated in the state prison system for non - violent offenses. The 2011 Public Safety Realignment is funded with a dedicated portion of state sales tax revenue and Vehicle License Fees outlined in trailer bills AB 118 and SB 89. However, this funding only applies to county jails and probation. Recognizing the need for state support for city law enforcement agencies due to the steady erosion of funding for city police agencies over the last several years, the 2013 Budget Act provided funding to city police departments to enable front- line intervention services in each county. As part of the 2013 State Budget Act (Item 5227 - 102- 0001), for Local Assistance, $27,500,000 was appropriated for city police departments, with the allocation formula to be developed by the Board of State and Community Corrections (BSCC) in consultation with the Department of Finance. The California Police Chiefs Association (CPCA) proposed a funding allocation formula based upon the regional needs in each county, to the BSCC. Under this formula, one City in each county is appointed as fiduciary agent to distribute allocated funds based on the collective decision of local law enforcement. On January 17, 2013 the BSCC unanimously approved the adoption of the proposed allocation formula. Kern County received $1,344,303 from this allocation, and the Bakersfield Police Department has been appointed as fiduciary agent. DB ADMINISTRATIVE REPORT Page 2 On August 27, 2013 the City received a check from the BSCC in the amount of $1,344,303, and has since placed these funds in a trust account. The equitable distribution of these funds among the municipalities, contract cities and special districts in the county as identified by the BSCC, was determined by a consensus of the Chiefs of Police of each city and special district within Kern County and the Kern County Sheriff. The distribution below was agreed upon by the following law enforcement executives: Chief Louis Cobarruviaz, Arvin Police Department; Chief Greg Williamson, Bakersfield Police Department; Chief Rod Walthers, Bear Valley Police Department; Chief Eric Hurtado, California City; Chief Mark Derosia, Delano Police Department; Sheriff Donny Youngblood, Kern County Sheriff's Office; Chief Greg Herrington, McFarland Police Department; Chief Ronald Strand, Ridgecrest Police Department; Chief Greg Richardson, Shafter Police Department; Chief Mike Grant, Stallion Springs Police Department; Chief Ed Whiting, Taft Police Department; and, Chief Jeff Kermode, Tehachapi Police Department. The agreed upon distribution is as follows: City of Wasco (Contract city with KCSO) $ 57,292 County of Kern (Services to Maricopa) $ 28,646 City of Tehachapi (Regionally with Bear Valley and Stallion Springs $ 85,938 City of McFarland (Regionally with Delano) $ 171,876 City of Shafter $ 57,292 City of Taft $ 85,938 City of Arvin $ 57,292 City of Ridgecrest (Regionally with California City) $ 171,876 City of Bakersfield $ 628,145 Total Distribution $ 1,344,303 At this point in time, the BPD seeks City Council approval for the distribution of BSCC funds from the City trust fund to the agencies listed above in the collective amount of $716,158. The remaining balance of $628,145 is designated for the BPD, and will be brought forward for appropriation at a later date. P: \BPD\ADMIN RPTS\ADMIN RPTS FY 13- 14\ADMIN RPT - (10- 16 -13) AB109 - CPCA FYU2013 -14 DISBURSEMENT.docx 10/1/20138:43 AM MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar ITEM: IV. CC . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 2, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & Receive and file successor agency payments from September 13, 2013 to October 2, 2013 in the amount of $529,111.06 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim G \ADMIN — SA \COUNCIL- ADMIN- SA- 2014\ADMIN —SA 10- 16- 13.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: Ct a Q . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 1, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED First Reading of Ordinance Amending Chapter 14.12 of Title 14 of the Bakersfield Municipal Code Relating to Sewers (All Wards). RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: The United States Environmental Protection Agency (EPA) and the California Central Valley Regional Water Quality Control Board (RWQCB) conduct joint inspections of the City's wastewater treatment plants and its industrial user pretreatment program every other year, which regulates all industrial users that discharge their wastewater into the City's sewer system. In 2010 and 2012, the EPA made a finding as part of its joint inspection that the City was required to revise and update its Sewer Use Ordinance (SUO) and industrial user pretreatment program to specifically include three particular federal requirements. The City's SUO primarily corresponds to guidelines and regulations issued by the EPA and RWQCB. The following highlights the new provisions of the SUO as recommended by the EPA: 1) Clarification that slug control requirements must be referenced in Significant Industrial User (SIU) control mechanisms. [40 CFR 403.8(f) (1) (iii) (B) (6)] 2) Revisions to Significant Non Compliance (SNC) definition. [40 CFR 403.8(f) (2) (viii) (A -C)] 3) Modifications to the sampling requirements and a clarification to the requirement to report all monitoring results. [40 CFR 403.12(g)] The new ordinance incorporates EPA's "streamlining regulations" and adds other provisions which strengthen the City's legal authority to carry out the industrial user pretreatment program. The federal streamlining updates to the SUO are considered non - substantial modifications by EPA. The other provisions that were added to the SUO in BMC Section 14.12.325, primarily for clarification of industry reporting requirements, codifies what the City has been doing in practice and qualifies as substantial modifications per the EPA's federal regulations, which require that the City hold a public hearing to allow for public comment. JHRAII October 1. 2013. 2:46PM S:\COUNCI0Admins \13 -14 Admins \Sewer.StreamAn0.14.12.Docx MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: q. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: October 7, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: First Reading of an Ordinance Granting to Southern California Gas Company and Its Successors and Assigns a Franchise to Construct, Maintain, and Use Pipes and Appurtenances for Transmitting and Distributing Gas Within the City of Bakersfield for any and all Purposes. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: Existina Franchise: Southern California Gas Company ( "SCG ") has an existing 50 -year franchise for gas distribution with the City that is set to expire on or around March 23, 2014. The franchise provides for payments to the City by SCG for use of City right -of -way, which typically is in or along City's streets and roadways, to provide gas service as provided by state law (state constitution and 1937 Act) and the City Charter. The payments made by SCG under the franchise are calculated by taking the greater of (1) 2% of SCG's gross annual receipts from the use, operation, or possession of the franchise or (2) 1% of SCG's gross annual receipts from the sale of gas within the City limits. On August 22, 2013, SCG requested in writing that the City Council grant SCG a new franchise. Renewal neaotiations with SCG: In 2008, the City renewed franchises with PG &E for electric and gas use, transmission, and distribution. As part of that process, the City successfully negotiated a 1% surcharge above the franchise payment outlined above in exchange for an indeterminate term of the franchise. The surcharge, intended to help compensate City for PG &E's use of City's right of way, was not collected from customers with low income levels that participated in PG &E's California Alternative Rates for Energy (CARE) program. In negotiating a new franchise with SCG, it was important that the SCG franchise terms be similar to those in the 2008 PG &E franchise ordinance and similarly include the 1 % surcharge charged to PG &E's gas and electric customers to equalize the fees paid by gas customers within City limits except for those customers participating in SCG's CARE program. SCG has agreed to the 1 % surcharge, subject to approval by the CPUC, in exchange for an indeterminate term of the franchise. October 7, 2013, 11:50AM S: \COUNCIL\Admins \13 -14 Admins \So Cal Gas - Franchise Ord Admin.Docx ADMINISTRATIVE REPORT SCG anticipates that the CPUC approval process could take several months. There is no guarantee that the CPUC will approve the surcharge, even though it has approved the PG &E surcharge and other similar surcharges in other cities. Each surcharge request is independent and subject to the CPUC's final determination. If the CPUC does not approve the surcharge, the proposed SCG franchise ordinance will convert to a 50 -year term of the franchise instead of the proposed indeterminate term. The proposed franchise ordinance with SCG includes clarifications consistent with the 2008 PG &E renewal including SCG's cooperation on performing work in the City right -of -way and timely relocation of their facilities, SCG's obligation to relocate their facilities at City request, and relocation of SCG facilities for highways transferred from the State to the City (such as Rosedale Highway or State Highway 204). As in the PG &E franchise ordinance, the proposed SCG franchise ordinance contains a clause requiring SCG to match any change to the 1937 Act that results in an increase in the percentage paid of gross annual receipts through the SCG franchise. Timina: Assuming that the Council conducts the first reading of the franchise ordinance, second reading and adoption of the ordinance is tentatively scheduled for the November 6, 2013 meeting. The ordinance will become effective 30 days after the second reading and adoption of the ordinance by the Council. Once the ordinance. is adopted, SCG will submit its request for approval of the surcharge to the CPUC. Recommendation: Staff is recommending that the Council conduct the first reading of the ordinance granting the proposed gas franchise to SCG, which includes the 1% surcharge in exchange for an indeterminate term of the franchise. Adoption of the proposed franchise ordinance will equalize the fees paid by all gas (non -CARE- participant) customers within City limits. The collection of the surcharge will not occur prior to CPUC's approval of the surcharge. It is estimated that the surcharge could result in approximately $200,000 annually in revenue to the City from SCG. Pursuant to Ordinance 4726, these surcharge revenues will be earmarked for road and highway projects. Under the terms of this new franchise, SCG will be abandoning its existing franchise (set to expire on or about March 23, 2014) when this new franchise becomes effective. The prior franchise ordinance is attached for reference purposes. A Service/Territory Map is attached describing SCG's service area within the City limits. October 8, 2013, 4:04PM S: \COUNCIL\Admins \13 -14 Admins \So Cal Gas - Franchise Ord Admin.Docx O�BA E ycORiURAi RS c Y ,A ADMINISTRATIVE REPORT 9�IF0 MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: 41. C . TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: October 1, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of the issuance of tax - exempt revenue bonds by the Housing Authority of the County of Kern: Resolution approving the issuance by the Housing Authority of the County of Kern of multifamily housing bonds (not to exceed $6.5 million) for the construction of approximately 56 units of multi - family rental housing at 400 20th Street (Ward 2). 2. Indemnification agreement between the City of Bakersfield and the Housing Authority of the County of Kern (Ward 2). RECOMMENDATION: Staff recommends adoption of resolution and approval of the agreement. BACKGROUND: The Housing Authority of the County of Kern (Housing Authority) intends to issue approximately $6.5 million of tax - exempt bonds, the proceeds of which will be used to provide financial assistance for the Park 20th Apartments Project. Park 20th Apartments will consist of 56 apartments, which will be leased to veterans and households earning 50 percent of area median income or less (with 25 units being specifically designated for homeless and low- income veterans). Specifically, the Housing Authority will use bond proceeds as a loan to non - profit Golden Empire Affordable Housing, Inc. II (GEAHI -II), the managing partner of a to -be- formed limited liability partnership (LLC) that will own the project. On June 5, 2013, the City entered into a Disposition and Development Agreement (DDA) with GEAHI -II, in which the City will contribute land and $3.25 million of HOME, Community Development Block Grant, and /or recaptured Redevelopment funds to the project. Pursuant to the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1982, the Housing Authority has requested that the City publish a public notice, conduct a hearing to S:\DanaADMINS \2013 \0C R10 -16 -TEFRA Hearing for HACK.doc 10/1/2013 4:22 PM ADMINISTRATIVE REPORT Page 2 receive public input on the proposed issuance of the Housing Authority's bonds, and that the City Council thereafter approve the issuance of such bonds. The public notice was published on October 2, 2013. The actions by the City and the City Council will allow the Housing Authority to issue its housing revenue bonds on a tax - exempt basis to help in the financing of GEAHI -11's project. The Housing Authority will be responsible for the repayment of the bonds. None of the City's funds will be pledged for the repayment of these bonds. Additionally, the proposed indemnification agreement, to be approved as part of this action, will provide the City with legal protection in the unlikely event of any legal claims or suits associated with proposed bond sale. S:\ Dana\ADMINS\2013 \OCT\10- 16 -TEFRA Hearing for HACK.doc 10/1/20134:22 PM MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: q , d TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD _X�L FROM: Douglas N. Mclsaac, Community Development Director CITY ATTORNEY Pq\_ DATE: September 13, 2013 CITY MANAGER SUBJECT: General Plan Amendment /Zone Change 13 -0125 (Ward 7) Smith Tech USA, representing Wible Investors II, the property owner, has applied for a general plan amendment and zone change on 5.89 acres located along the north side of Taft Highway approximately 900 feet west of Wible Road. 1. Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from OC (Office Commercial) to HR (High Density Residential) on 5.89 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district C -O (Professional and Administrative Office) to R -3 (Multiple Family Dwelling) on 5.89 acres. RECOMMENDATION: Staff recommends adoption of resolutions and first reading of the ordinance. BACKGROUND: The applicant is requesting an amendment to the Metropolitan Bakersfield General Plan Land Use Element and City of Bakersfield Zoning Ordinance for the future construction of approximately 167 multi - family dwelling units. The applicant states that they want to meet the market demands of smaller affordable housing. The project will also include the construction of rights -of -way along Taft Highway, which would reduce the net buildable area to approximately 4.8 acres. Since the site will be reduced because of the additional right -of -way dedication, the proposed density will be 34.8 dwelling units per acre, which is consistent with the proposed R -3 zoning. However, the HR land use allows up to 72.6 dwelling units per acre. The project site is relatively flat and includes vacant land with an abandoned canal that transverses through the property. The land use to the south is for agricultural uses and the other surrounding uses are for urban development, including general commercial to the east, and low and medium density residential to the west and north. There are existing homes built to the west and north of the project site, and a church exists to the south. ADMINISTRATIVE REPORT Page 2 In early 2011, the City approved the existing office commercial entitlement as part of a larger project that included a portion of the commercial property to the east and the low medium density housing to the north. A condition of that project was to provide local street access to the existing rural residence abutting the project to the west from the R -2 zoned area to the north. Tract Map 7231 was approved by the Planning Commission on June 6, 2013, which included a northern access road (McClintock Road) for the existing rural residence. At the time the property is developed, it will be subject to the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. The project is on the north side of Taft Highway, which is a state facility planned as a future six -lane expressway with a 30 -foot landscaped parkway on both the north and south sides. As an Expressway, no direct driveway access will be allowed to Taft Highway, except from planned streets; access to the project site will be via Strawhouse Trail Road after an auxiliary lane is constructed with the commercial use to the east. Primary vehicle, bicycle and pedestrian access to the site will be via Strawhouse Trail Road on the east side of the project site. All sidewalks and pedestrian access throughout the development will be required in accordance with City standards. There are currently no GET bus routes that run along the project site; however, when Taft Highway is fully developed a Caltrans standard bus bay will be located at all major intersections if designated as a bus route by GET. The City's Bikeway Master Plan identifies Taft Highway as a future bike route; currently, bike lanes or routes do not exist. According to the adopted development standards for Taft Highway, when fully developed as an expressway, an eight -foot outside shoulder will be provided as a bike lane. The Traffic Engineer will evaluate if bike lane striping should be installed or delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes with connections to the existing bikeway network. The Planning Commission conducted a public hearing on this general plan amendment /zone change on September 5, 2013, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on July 29, 2013, in accordance with CEQA. Both the existing and proposed land uses allows for urban development. The proposed high density residential is compatible with the surrounding urban commercial and residential uses. The Metropolitan Bakersfield General Plan encourages the intensification of land use that maintains continuity of existing development. The proposal would provide needed multi - family housing to support the planned commercial uses along Taft Highway. The higher density residential will also act as a buffer to separate Taft Highway from the single - family uses north of the project site. Increasing urban and higher density uses make sense along Taft Highway, which serves as a major transportation corridor and entrance into the City of Bakersfield. The general plan encourages higher housing densities along transportation corridors to help reduce vehicle trips if adjacent to other commercial and potential employment areas. CG \S: \GPAs \GPA 4th 2013\ 13- 0125 \Admin Staff Reports \GPA -ZC Approval 1st Reading.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: let. TO: Honorable Mayor and City Council APPROVED FROM: Douglas Mclsaac, Community Development Director DEPARTMENT HEADIAA -' DATE: September 13, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment /Zone Change 13 -0127 (Ward 4) Bolthouse Properties LLC, the property owner, has applied for a general plan amendment and zone change on approximately 80 acres located at the southeast corner of Stockdale Highway and Heath Road. 1. Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from HR (High Density Residential) to LR (Low Density Residential) and HMR (High Medium Density Residential) to HR (High Density Residential) on approximately 80 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to R -3 (Multiple Family Dwelling) on approximately 80 acres. RECOMMENDATION: Staff recommends adoption of resolutions and first reading of the ordinance. BACKGROUND: The applicant is requesting to amend the Metropolitan Bakersfield General Plan Land Use Element and City Zone Ordinance on approximately 80 acres. The applicant proposes to change the General Plan land use designation from HR (High Density Residential) to LR (Low Density Residential) and to change the zoning from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) on the eastern 42.84 acres, and change the General Plan from HMR (High Medium Density Residential) to HR (High Density Residential), and change the zoning from R -2 (Limited Multiple Family Dwelling) to R -3 (Multiple Family Dwelling) on the western 18.19 acres. The project would ultimately allow for development of 311 single - family homes and up to 600 multi - family dwelling units. This would be an overall reduction of 348 dwelling units from what was previously approved in 2012 on the 80 -acre project site. ADMINISTRATIVE REPORT Page 2 The project site is within the Stockdale Ranch EIR project (GPA /ZC 09 -0263) area which was approved by the City Council on August 11, 2010. The Stockdale Ranch project area encompasses 564.88 acres along the south side of Stockdale Highway, generally between South Renfro Road and Nord Avenue. As part of the approval process, several mitigation measures and conditions of approval were added to the project. Although the proposed project constitutes a smaller portion of the overall Stockdale Ranch project, applicable mitigation and conditions have been carried over to ensure compliance with the overlying Stockdale Ranch project area. The project site is also within the adopted Western Rosedale Trails Plan area. Plans include a multi -use trail (pedestrian and bicycle) along the south side of Claudia Autumn Drive to Wegis Avenue. The proposed trails will be installed when development occurs and will be dedicated to the City. The project is also within boundaries of the North of the River Recreation and Parks District. The City's Bikeway Master Plan identifies Stockdale Highway as a Class 2 facility (bike lanes). Bike lanes currently exist adjacent to the project site along Stockdale Highway. Class 2 Bike Lanes are also planned for South Renfro Road and Heath Road. These bike lanes will be installed at the time the property is developed. Lane striping will be required with the construction of street improvements. However, the Traffic Engineer will evaluate if striping should be delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along the street with connections to the existing bikeway network. The nearest GET bus stop is approximately 21/2 miles away, along Bus Route 82 that runs from the Downtown Transit Center to the CSUB campus on Stockdale Highway. The project site is within an area that is transitioning to urban land uses. Neighboring property to the east includes vacant and developed single - family residential. Properties to the north include undeveloped land, single - family residential and vacant commercial. Property to the west is in agricultural use. The proposed project would be compatible with the surrounding uses and would provide a mix of single - family and higher density residential uses within the developing area. The Metropolitan Bakersfield General Plan encourages the orderly, outward expansion of new development which maintains continuity of existing development and allows for the incremental expansion of infrastructure and public services. The Planning Commission conducted a public hearing on this general plan amendment /zone change on September 5, 2013, and unanimously recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant has agreed to all conditions and mitigation for the project Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on May 10, 2013, in accordance with CEQA. DL\ S: \GPAs \GPA 4th 2013 \13 - 0127 \Admin SR \CC 1st read.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: q TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY_ DATE: September 13, 2013 CITY MANAGER SUBJECT: General Plan Amendment /Zone Change 13 -0234 (All Wards) The City of Bakersfield is requesting a general plan amendment and zone change at various park locations throughout the Metropolitan Bakersfield area. 1. Resolution approving the general plan amendment changing the land use designation from various designations to OS (Open Space) and OS -P (Parks and Recreation) and changing the Kern River Plan Element land use designation to 3.1 (Public and Private Recreation Area) as shown on attached maps. A finding that the project is exempt from CEQA will also be considered. 2. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing various zone districts to OS (Open Space) and RE (Recreation) as shown on attached map. RECOMMENDATION: Staff recommends adoption of resolution and first reading of the ordinance. BACKGROUND: The City of Bakersfield is requesting an amendment to the Metropolitan Bakersfield General Plan Land Use Element, Kern River Plan Element and City of Bakersfield Zoning Ordinance. The City proposes to change the land use on existing parks from various land use designations to open space or parks and recreation. The project area zoning will be changed to be consistent with the proposed land use designations and become either open space or recreation zone districts. The project does not include the construction of parks or recreation areas and does not designate future parks; staff is updating the land use and zoning on existing parks within the City limits. Parks within the City are maintained by both the City's Recreation and Parks Department and the North of the River Recreation and Park District (NOR). The various project sites include existing built City or NOR parks that are mostly surrounded by developed residential areas. Some of the parks are also along the Kern River. As various residential areas were developed, parks were constructed as part of those projects. In addition, lands acquired by the City for the construction of parks were often part of larger plans and projects where the recreational uses were allowed despite the existing land use. Staff ADMINISTRATIVE REPORT Page 2 is now proposing to update the general plan land use designations and zoning on existing parks. The Planning Commission conducted a public hearing on this general plan amendment /zone change on September 5, 2013, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. Staff has determined that the proposed project could not have a significant effect on the environment, therefore, it is exempt from the California Environmental Quality Act (CEQA). Per Section 15061(b)(3), the project is exempt from CEQA because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. CG: S: \GPAs \GPA 4th 2013\ 13 -0234 (Parks) \SR Admin \GPA -ZC Approval 1st Reading.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: q TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: September 13, 2013 CITY MANAGER SUBJECT: General Plan Amendment 13 -0243 (Ward 3) McIntosh & Associates, representing Mt. Vernon Properties, LLC, the property owner, has applied for a general plan amendment to the Circulation Map and Bikeway Master Plan Map along College Avenue, generally between Fairfax Road and Morning Drive. 1. Resolution approving the general plan amendment of the Circulation Element and Bikeway Master Plan Map to re -align a portion of College Avenue to the north and extend a future southern collector street north to connect with College Avenue. A finding that the project is exempt from the California Environmental Quality Act is also considered. RECOMMENDATION: Staff recommends adoption of resolution and first reading of the ordinance. BACKGROUND: The proposed project includes a General Plan Amendment to the Circulation Element - Circulation Map and Bikeway Master Plan Map. The proposal will re -align a portion of College Avenue (approximately 1,285 feet), extend a southern collector roadway north (approximately 95 feet) to connect with College Avenue and re -align the Class II bike lane to continue with the College Avenue alignment. The purpose of the project is to provide a workable alignment for College Avenue within the developing area. The property owner is requesting a circulation amendment to facilitate development of Tentative Tract Maps 6567 and 6568, along the north side of College Avenue. These tentative tracts were approved in 2006 for single - family development. The proposed change is necessary to avoid an existing Southern California Edison transmission tower line easement located west of Park Drive, within the current College Avenue alignment. The Circulation Element allows for changes to collector roadways where physical constraints are present or where existing development precludes the grid pattern of collector segments. There are several approved tentative tracts in the general area which will require connectivity to College Avenue in order for the street system to be effective. Therefore, this roadway is essential to the planned traffic circulation for this area. ADMINISTRATIVE REPORT Page 2 The Planning Commission conducted a public hearing on this general plan amendment on September 5, 2013, and unanimously recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. The applicant has agreed to the recommended conditions of approval. Staff determined that there was no possibility that the project, an amendment to the Circulation Map and Master Bikeways Map to re -align a portion of future roadway, would have a significant environmental impact; therefore, a Notice of Exemption was prepared in accordance with CEQA. DL: \S: \GPAs \GPA 4th 2013 \13 -0243 (CirAmend) \Admin SR \CC 13- 0243.doc MEETING DATE: October 16, 2013 AGENDA SECTION: Reports ITEM: . Q . TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: October 9, 2013 CITY ATTORNEY V� �--- CITY MANAGER SUBJECT: Animal Control Update RECOMMENDATION: No action is required. BACKGROUND: Staff will present a verbal update regarding the City's animal care efforts to date. AT:RS /al MEETING DATE: October 16, 2013 AGENDA SECTION: Deferred Business ITEM: 1g. � , TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: September 27, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ APPROVED SUBJECT: Consultant Agreement with Cornerstone Engineering, Inc. (not to exceed $100,000.00) for providing on -call engineering and surveying services for non - federally funded Capital Improvement Projects during Fiscal Years 2013 -2014 and 2014 -2015 (All Wards). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented on -call engineering and surveying services contracts with selected engineering firms in 1996. This on -call program provides surveying and civil engineering design services as needed for various City CIP projects. The program has proven to be effective for providing timely design and surveying services to the City to maintain CIP project delivery. On June 26, 2013, the City awarded agreements with Meyer Civil Engineering, Quad Knopf, and Ruettgers & Schuler Civil Engineers. These three Agreements allow the on -call program to continue for Fiscal Years 2013 -14 and 2014 -15. City staff now recommends approval of an On -Call Civil Engineering and Surveying agreement with Cornerstone Engineering, Inc. to help expedite delivery of certain CIP projects. With staff's current workload and the associated deadlines, especially those related to federally funded projects, the City will benefit by having Cornerstone Engineering, Inc. provide services for specific CIP projects as identified below: Developing procedures and documents for the design /build process on Fire Station S Remodel: The design /build process is a complicated process. None of the three current on -call engineers have expertise with this process. Additionally, only one firm which responded to the City's Request for Qualifications /Proposal has had experience with the design /build process. The firm's President is familiar with the related City processes, and knows the requirements and documents necessary to deliver the design /build contract for the Fire Station 8 Remodel. After Cornerstone has completed this work, staff will use their work product as a model to prepare the process and documents necessary for the design /build of a parking garage for the Amtrak Station. Cul -de -sacs for streets south of 24th Street: At the November 14, 2012, City Council meeting, a Resolution adopting the Negative Declaration and approving the closing and construction of cul -de -sacs of Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C PW /Design Engineering /JC CAUsers \lskinner \Documents \On Call C ivil-Cornerstone- Rev I -093013.docx ADMINISTRATIVE REPORT Streets south of 241h Street was approved. The potential for the closures is authorized based on meeting certain conditions, irrespective of whether the 241h Street Widening Project is approved, or not. Elm Street has been closed for a number of years. Adoption of this Resolution allowed for the installation of cul -de -sacs for streets south of 24th Street, if the conditions as outlined in the November 14th Administrative Report are met, and if the property owners continue to support the project. The November 14th Administrative Report is attached for reference. Cornerstone had previously prepared the necessary documents for right -of -way acquisition for these cul -de -sacs, which are associated with the 24th Street Widening Project. Cornerstone already has knowledge of the project locations which other consultants would have to acquire before they could proceed with design of the project. • Police Shooting Range: Through their previous work on the closure project for the Panorama Landfill, Cornerstone already has knowledge of the project location and the availability of certain infrastructure necessary for the shooting range. Again, another design consultant would have to spend time acquiring this information before they could finalize the design of the facility. The compensation amount is set at a not -to- exceed aggregate total of $100,000 for a two - year period. Funding for this agreement will be paid for through funds previously budgeted for the above three CIP projects. No additional appropriations are necessary. PW /Design Engineering /JC C: \Users \lskinner \Documents \On Call Civil-Cornerstone-Rev 1 -093013.docx MEETING DATE: October 16, 2013 AGENDA SECTION: Deferred Business ITEM: /a . b. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: October 8, 2013 CITY ATTORNEY CITY MANAGER APPROVED ✓49 ✓e SUBJECT: Legislative and Litigation Committee Majority and Minority Reports regarding a Proposed Human Life Ordinance RECOMMENDATION: A Majority and a Minority Report are attached for Council consideration. BACKGROUND: The Legislation and Litigation Committee (Chair Maxwell, Councilmembers Johnson and Sullivan) met on September 23, 2013. The only item on the agenda was discussion of a proposed human life ordinance and the complete packet provided to the Committee is attached at the very end of this Administrative Report. The City Attorney began the discussion by giving an overview which included the following points: • The Human Life Ordinance has been a topic of discussion for the past 15 months. • There have been 5 versions of a proposed human life ordinance submitted to the City Attorney's Office. • After the first 3 versions were submitted, the City Council unanimously directed the City Attorney's office to send a letter Indicating that the matter would be held In abeyance until a similar ordinance(s) from a comparable city was submitted. Such a request is consistent with historical City practices when a new law is being considered. To date, none have been received. • Despite such letter, the topic was referred to the Legislative and Litigation Committee where the matter was discussed on May 20, 2013. At the conclusion of that meeting, the topic was tabled. Further, Councilmember Johnson requested that the City Attorney draft a resolution in support of state legislation being drafted by Kern County Right to Life Organization. Councilmember Sullivan directed the City Attorney to draft a Resolution disfavoring abortions. • Since the May 2013 Legislative & Litigation meeting, 2 additional versions of a human life ordinance have been submitted to the City Attorney's Office which is causing confusion in the community. • The City Attorney listed some of the obvious differences between all 5 versions of the proposed ordinances. ADMINISTRATIVE REPORT The City Attorney reiterated her opinion ordinance will expose the City to litigation. the Resolution in response to direction f complete the direction from Councilmemb was not yet ready for release. that all submitted versions of the proposed The City Attorney also noted that she drafted rom Councilmember Sullivan, but could not er Johnson since the proposed state legislation Subsequent to the City Attorney presentation at the Legislative & Litigation Committee meeting, the Committee listened to public statements which consisted of 22 speakers, who either encouraged the Committee to pass the fifth version of the ordinance, expressed favor for the resolution, or voiced displeasure that the City Council would even consider discussing the topic. At the conclusion of the discussion, the matter was returned to the Committee for comment and actions. Attached is the Majority Report by Chair Maxwell and Councilmember Johnson and the Minority Report from Councilmember Sullivan. ADMINISTRATIVE REPORT MAJORITY REPORT Councilmember Johnson thanked members of the community, especially the Palmquists, for their ministry against abortion. Councilmember Johnson made a motion to table discussion of the ordinance indefinitely until such time as the majority of Council says otherwise and to adopt the resolution commending alternatives to abortion, with a noted amendment adding adoptions as an alternative to abortions: WHEREAS, the City of Bakersfield maintains that there are many positive and feasible alternatives to abortion, Includina but not limited to adoption. (see attachment). Chair Maxwell thanked everyone for coming and expressing their views. He indicated that while he was personally against abortion, that he had to follow the law and protect his constituents from unnecessary litigation and that regardless of one's feeling about abortion, the United States Supreme Court decision of Roe v. Wade is the law of the land on this topic and as such, he would be supporting Councilmember Johnson's motion. The motion passed with a vote of 2 -1, with Councilwoman Sullivan requesting a Minority Report. ADMINISTRATIVE REPORT MINORITY REPORT Councilmember Sullivan indicated that while she understands the legal reasons against proceeding with a human life ordinance, she is strongly pro-life and in favor of adopting the fifth version of the human life ordinance in its current form. Although this is breaking from the majority, Councilmember Sullivan expressed a desire that the City of Bakersfield should be a leader in this area and further noted that pro -life attorney, Catherine Short, is of the opinion that the proposed ordinance is written in such a way that it does not put the City at risk to be sued. If the City Council moves adoption of the Resolution, Councilmember Sullivan would like the City Council to consider the following change: WHEREAS, the City of Bakersfield FespeGts and heneFs r2c� all viewpoints, religions, and creeds; (see attachment). VG/TG:Isc Attachments S: \C0UNCIL \Admhs \13-14 Admins \Ma)mliyMinadtyReport.HLOrd.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF September 25, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING -5:15 p.m. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson (seated at 6:19 p.m.), Sullivan, Johnson (seated at 5:19 p.m.) Absent: None. 2. INVOCATION by Mayor Hall. 3. PLEDGE OF ALLEGIANCE by Natalia Booker, 4'" grade student at Fremont Elementary School. 4. PRESENTATIONS a. Presentation by Christi Tenter, Human Resources Manager and Jena Covey, Risk Manager to winners of the 2013 Excellence in Action Awards, the Extra Mile Award and S.T.A.R. Award in recognition of outstanding service to the City. Excellence in Action Awards recipients: Kate Shea, Community Development; Michael Bloomer, Fire; Sandra Alvarez, Glenn Anderson, John Dunn, Ashley Hageman and April Hares, Police; Mario Jimenez, Mike Thomas and Jorge Villegas, Public Works; Israel Herrera and Eliazar Sanchez, Recreation and Parks; and Reggie Gutierrez, Water. The recipient of the Shining Team Achievement Recognition (S.T.A.R.) Award was the 24 Hour Desk Team - Bakersfield Police Department: Linda Reitz, Noemi Salazar, Raul Gurrola, Sevelynn Castillo, Adrianna Sanchez, Amanda Glenn, Stephanie Greeson, Patti Rodriguez and Teresa Erickson. ACTION TAKEN Bakersfield, California, September 25, 2013 - Page 2 4. PRESENTATIONS continued ACTION TAKEN Item 4.a. continued The recipient of the Extra Mile Award for 2013 was Sal Moretti, Solid Waste Superintendent, Public Works Department. Mayor Hall called a recess at 5:32 p.m. and reconvened at 5:38 p.m. b. Presentation by Mayor Hall of Certificates of Appreciation to representatives of Kern County Broadcasters Association for providing sponsorship funding to support the cooperative effort by the City, Keep Bakersfield Beautiful and the Bakersfield Homeless Center to remove litter along freeway frontages. No presentation. Mayor made comments. C. Presentation by Mayor Hall of a Proclamation to Kristie Coons, Coordinator of One Book, One Bakersfield, One Kern, declaring September through November, "One Book, One Bakersfield, One Kern, 2013 Months ". Ms. Koons accepted the Proclamation, made comments and submitted written materials. 5. PUBLIC STATEMENTS a. Ray Scott, Keep Bakersfield Beautiful Committee, spoke regarding Make a Difference Day Recycling and Educational Fair taking place October 5, 2013, from 9:00 a.m. until 2:00 p.m., as well as the Great American Cleanup taking place April 12, 2014, from 8:00 a.m. to 1:00p.m., and submitted written material. b. Jonathan Moo spoke in support of increasing safety for bicyclists. He asked Council to make an investment in bicycling education, enforcement and infrastructure, and support California three foot passing law to increase bicycling for everyday transportation. Bakersfield, California, September 25, 2013 - Page 3 5. PUBLIC STATEMENTS continued ACTION TAKEN C. The following individuals spoke in opposition to the Centennial Corridor Project: Marc Caputo; Tim Chernabaeff; Kimberly Squires; Caitlin Squires; Robert Braley (submitted written material); Kathy Beaschler; and Tony Ansolabahere (provided Power Point presentation and submitted written materials). d. Tim Palmquist spoke in opposition to the Resolution of Local Support for Alternatives to Abortion presented at the Legislative and Litigation Committee meeting and submitted written materials. 5. WORKSHOPS None. 6. APPOINTMENTS None. 7. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 11, 2013 Regular City Council Meetings. Payments: b. Receive and file department payments from August 29, 2013, to September 12, 2013, in the amount of $32,660,594.51 and self- insurance payments from August 29, 2013, to September 12, 2013, in the amount of $439,828.33 totaling $33,100,422.84. Ordinances: C. Adoption of Ordinance levying a special tax for ORD 4738 the Fiscal Year 2013 -2014 and following Fiscal AB HANSON Years solely within and relating to the City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). (FR 09/11/13) Bakersfield, California, September 25, 2013 - Page 4 8. CONSENT CALENDAR continued Resolutions: d. 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 authorizing collection of the assessments by the Kern County Tax Collector. e. Southern California Gas Company Franchise Renewal: 1. Resolution accepting the application requesting a Gas Franchise. 2. Resolution of Intention to Grant a Gas Franchise. Agreements: Environmental Impact Report preparation and certification for Vesting Tentative Parcel Map 12072: Agreement with Wal -Mart ($200,000) to reimburse the City for the preparation and certification of an EIR for Vesting Tentative Parcel Map 12072, including both Consultant's costs and City staff costs. 2. Agreement with Bert Verrips, AICP, Environmental Consulting Services ($188,455), to prepare an EIR for Vesting Tentative Parcel Map 12072. 3. Appropriate $188,455 (Other's Share Project Cost) to the Community Development Department's Operating Budget in the General Fund. g. Agreement with ESC Enterprises, Inc. (three year term), for Concession and Catering Services at the San Joaquin Community Hospital Ice Center and the McMurtery Aquatic Center in exchange for 15% of ESC's gross concession and catering receipts received from non - vending sales and 10% of vending sales. ACTION TAKEN RES 124 -13 AB HANSON RES 125 -13 ABS JOHNSON AB HANSON ROI 1765 ABS JOHNSON AB HANSON AGR 13 -156 AB HANSON AGR 13 -157 AB HANSON AGR 13 -158 AB HANSON Bakersfield, California, September 25, 2013 - Page 5 8. CONSENT CALENDAR continued h. Consultant Agreement with Cornerstone Engineering, Inc. (not to exceed $100,000), for providing on -call engineering and surveying services for non - federally funded Capital Improvement Projects during Fiscal Years 2013 -2014 and 2014 -2015. Construction and Maintenance Agreement with Union Pacific Railroad Company, San Joaquin Valley Railroad Company and the State of California Department of Transportation ($126,500; 100% federally funded), for the construction of SR -58 GAP Closure Project. (TRIP) Final Map, Improvement and Landscape Improvement Agreements with K. Hovnanian's Four Seasons at Bakersfield, LLC, for Tract 6444 Phase 3 located north of Panorama Drive and east of Vineland Road. k. Final Map and Maintenance Agreement with Lenox Homes, Inc., for Tract 7226 Phase 1 located east of South Union Avenue on East Berkshire Road. Amendment No. 1 to Agreement No. 13 -062 with Cen -Cal Construction ($150,000; revised not to exceed $459,164.60), for the construction of HUD curb and gutter. M. Contract Change Order Nos. 162 and 165 to Agreement No. 09 -076 with Security Paving Company, Inc. (net decrease of $5,016; revised not to exceed $93,547,771.30; change orders funded with Roads Program Utility /Surcharge Fund), for construction of the Westside Parkway Phase 2 Project. (TRIP). n. Contract Change Order Nos. 46, 52 and 57 to Agreement No. 10 -168 with Security Paving Company, Inc. (net decrease of $83,650.89; revised not to exceed $24,383,051.23; change orders funded with traffic impact and utility surcharge fees), for the construction of the Westside Parkway Phase 4 Project. (TRIP). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION SEE PAGE 7 AGR 13 -159 AB HANSON AGR 13 -160 AGR 13 -161 AB HANSON AGR 13 -162 AB HANSON AGR 13- 062(1) AB HANSON AGR 09 -076 CCO162, CCO165 AB HANSON AGR 10 -168 CC046, CCO52, CCO57 AB HANSON 8. Bakersfield, California, September 25, 2013 - Page 6 CONSENT CALENDAR continued ACTION TAKEN o. Contract Change Order Nos. 15 and 17 to AGR 11 -011 Agreement No. 11 -01 1 with MGE Underground, CCO15, CCO17 Inc. ($65,118.32; revised not to exceed AB HANSON $4,731,853.41; change orders funded with transportation development funds), for the construction of the Westside Parkway Phase 6A Project. (TRIP). Bids: P. Accept bid from Raceway Ford, Riverside ($451,423.13), for twenty five replacement full size 1/2 ton two wheel drive pickups for use by the Water Resources and Recreation Parks Departments and the Public Works Engineering, General Services, Solid Waste and Wastewater Divisions. q. Accept bid and approve contract with AGR 13 -163 Sturgeon Services International, Inc. ($48,130), ABS JOHNSON for the Demolition of Improvements at 1023 34th AB HANSON Street and 305 Dr. Martin Luther King Jr. Boulevard. Miscellaneous: Authorization for the City Attorney and City AGR 13 -164 Manager to execute property tax sharing AB HANSON agreement with the County of Kern regarding apportionment of property tax revenues upon annexation of territory to the City as Annexation No. 517 generally located South of Panama Lane between Progress Road and Old River Road. Successor Agency Business: S. Receive and file successor agency payments from August 29, 2013, to September 12, 2013, in the amount of $349,514.98. Councilmember Johnson announced that he would abstain, due to perception of a conflict of interest on Items 8.e. and 8.q. Councilmember Maxwell requested that Item 8.11. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.s., with the removal of AB HANSON item 8.h. for separate consideration. Bakersfield, California, September 25, 2013 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN h. Consultant Agreement with Cornerstone THIS ITEM WAS Engineering, Inc. (not to exceed $100,000), for REMOVED FROM providing on -call engineering and surveying PAGE 5 services for non - federally funded Capital Improvement Projects during Fiscal Years 2013 -2014 and 2014 -2015. Councilmember Maxwell made a motion to adopt item 8h but remove the cul -de -sacs because we do not have an EIR or other forward motion on the widening of 24th street and it would not be appropriate to spend any money on that item. Vice -Mayor Weir requested that Councilmember Maxwell amend his motion to table this for discussion at the next Council meeting, as the item is not time sensitive. Councilmember Hanson arrived at the meeting at this time. Motion by Councilmember Maxwell to table item 8.h. for APPROVED discussion at the next Council meeting. ABS HANSON 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS None. 11. REPORTS a. Agreement with Bakersfield Society for the AGR 13 -165 Prevention of Cruelty to Animals ($742,000), for the management of the City's Animal Care Center. b. Agreement with the Bakersfield Homeless AGR 13 -166 Center (not to exceed $210,000), to provide staff for the City's Animal Care Center. Assistant to the City Manager Teglia made staff comments. Mayor Hall stated that it was a happy day for the animals and families in this community and spoke regarding the benefits to the Homeless Center as well. Vice -Mayor Weir abstained due to a conflict of his wife's position on the SPCA board. Motion by Councilmember Sullivan to adopt items l l.a. and APPROVED 1 I b. ABS WEIR Bakersfield, California, September 25, 2013 - Page 8 12. DEFERRED BUSINESS a. Resolution approving the Execution and Delivery of City Gas Tax, Transportation Impact Fee and Restricted Utility Franchise and Surcharge Revenue Certificates of Participation, Series 2013 (Thomas Roads Improvement Program) pursuant to a Trust Agreement, authorizing the Execution and Delivery of a Trust Agreement, a Certificate Purchase Agreement, and an Installment Sale Agreement and authorizing the institution and filing of related Validation Action and other matters related thereto. City Manager Tandy made staff comments. Finance Director Smith made additional staff comments, provided a Power Point presentation and recommended adoption of the Resolution. Councilmember Maxwell requested the City Attorney provide a list of exceptions for payback of federal funds. Councilmember Johnson requested that staff return to Council with an adjustment to Council Goals and Objectives as suggested at the Budget and Finance Committee meeting and asked that it be included in the motion. Councilmember Johnson requested that staff look at how the debt capacity would be impacted N the City bonded for the full $270 million local match for the Centennial Corridor. Councilmember Rivera asked to identify another way to ensure that there are funds available for future road repair in Southeast Bakersfield. Motion by Vice -Mayor Weir to adopt item 12.a. Vice -Mayor Weir amended his motion to include the request from Councilmember Johnson to bring back the Council Goals for consideration at a future meeting. Councilmember Hanson called for the question. Mayor Hall asked City Attorney Gennaro to clarify the Vice Mayor's motion. ACTION TAKEN RES 126 -13 Motion by Vice -Mayor Weir to adopt item 12.a. and to APPROVED include the addition to the Council Policies as indicated by NOES MAXWELL staff and bring H back for consideration at the next Council meeting. Bakersfield, California, September 25, 2013 - Page 9 13. NEW BUSINESS None 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera commented regarding time spent at Fire Station No. 4 and commended Chief Greener for a stellar crew; and he stressed to the residents of Southeast Bakersfield that he does not take his responsibility lightly and that he would continue to carry out and champion the concerns of Ward 1, and ensure they receive services required. Councilmember Maxwell requested that the Legislative and Litigation Committee review the false alarm ordinance to better define what classifies as a false alarm, and the fees that are charged. Councilmember Maxwell requested that the Legislative and Litigation Committee review the noise ordinance and other ordinances that relate to parks, and look into having a comprehensive procedure for curfews. Councilmember Maxwell asked that staff again review the traffic signal timing on 24th Street, between F and M streets, and from Oak to Mohawk streets, to improve traffic flow. Councilmember Johnson requested that the Budget and Finance Committee review the ordinance regarding local vendor preference to determine if it should be modified. Councilmember Johnson requested that the Planning and Development Committee review the current policy regarding the phasing of lots and developments to determine why the City will not allow smaller sections, which might facilitate growth and jobs. Councilmember Johnson announced that he is looking forward to the community cleanup effort in his ward on Saturday, September 28, 2013. Mayor Hall spoke regarding recognition by the public of the litter removal effort, which is motivating people to get further Involved in beautifying Bakersfield. ACTION TAKEN Bakersfield, California, September 25, 2013 - Page 10 15. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 8:18 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield