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HomeMy WebLinkAbout12/11/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF DECEMBER 11, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Pastor Daniel Elgu6zabal, Family Community Center. 3. PLEDGE OF ALLEGIANCE by Devon Price, 5m grade student at Alicante Avenue School, 4. PRESENTATIONS a. Presentation by Mayor Hall of retirement plaque and gift certificate to Lieutenant Donald A. Krueger, S. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS a. One appointment to the Planning Commission, due to the resignation of Justin Batey (Ward 5), whose term expires April 30, 2017. Staff recommends Council determinatlon. b. One appointment to the Fire Civil Service Board, due to the expiration of term of Thomas Edmonds, whose term expires December 31, 2013. Staff recommends Council determinatlon. C. One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Gonzalo Ramirez ; whose term expires December 31, 2013. Staff recommends Council determination. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 20, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from November 7, 2013, to November 25, 2013, in the amount of $17,714,028.55 and self- Insurance payments from November 7, 2013, to November 25, 2013, In the amount of $381,873.79, totaling $18,095,902.34. 8. CONSENT CALENDAR continued Ordinances: C. California Public Employees' Retirement System (CalPERS): 1. Adoption of Ordinance authorizing an amendment to the contract with CalPERS. (FR11 106113) 2. Amendment No. 8 to Agreement No. 97 -39 with CalPERS Board of Administration to provide Section 21548 (Pre- Retirement Option 2W Death Benefit) for local police safety members. Resolutions: d. Resolution Identifying Vendor, Healthcare Plans and Setting Rates for Citywide Health Insurance Plans (Anthem Blue Cross PPO Plans Only) for Eligible Active and Retired Employees. e. Resolutions approving the Memorandum of Understanding, setting salaries and related benefits for employees represented by the Bakersfield Police Officers Association and modifying the paying and reporting the value of employer paid member contributions with Time -in -Grade exceptions for Police Safety Class. f. Resolution authorizing the sale ($1.00) of a surplus Harley Davidson Motorcycle to the Kern County Museum. (Ward 2) g. Resolution determining that a portable grill cart cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed the budgeted amount of $43,000. (Ward 2) h. Emergency Repairs for Ice Chiller at Rabobank Arena: 1. Resolution dispensing with normal bidding procedures due to need for emergency Installation and rental of a portable 300 -ton Ice chiller along with emergency repairs to existing Ice chiller system at Rabobank Arena due to catastrophic failure, not to exceed $375,000. 2. Appropriate $375,000 Facility Reserve Funds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund. (Ward 3 -7) 1. Assessment District Software: 1. Resolution determining that certain Assessment District Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $79,960. 2. Agreement with NBS Government Finance Group (not to exceed $79,960) for the purchase of Assessment District Software, City Council Meeting of 12/11/2013 8. CONSENT CALENDAR continued (Ward 3) j. Alfred Harrell Lift Station: 1. Resolution determining that certain rebuilding of WEMCO pumps at Alfred Harrell Lift Station cannot be obtained through the usual bidding procedures because Flo- Systems, Inc., Is the sole distributor of WEMCO pumps for the City's geographical area and authorizing the Finance Director to dispense with bidding therefor, not to exceed $100,000. 2. Agreement with Flo- Systems, Inc., (not to exceed $100,000), for rebuilding of WEMCO pumps at Alfred Harrell Lift Station. (Ward 2) k. Repair and replacement of picnic shade shelter roof at Jastro Park: 1. Resolution determining that the repair and replacement of the picnic shade shelter roof cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $16,083. 2. Agreement with Gametime (not to exceed $16,083) for the project. 3. Transfer $16,803 from Saunders Playground Rehabilitation project to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund. (Ward 2,4) 1. Management of Designated City Utility Accounts: 1. Resolution authorizing the City Manager to execute an authorization allowing Cass Information Systems to manage designated utility accounts on behalf of the City. 2. Authorization allowing Cass information Systems to manage designated City utility accounts with PG &E related to Rabobank Arena, Theater and Convention Center, the San Joaquin Community Hospital Ice Center, and the Bright House Networks Amphitheater at no additional cost to the City. (Ward 1) M. Resolution adding territory, Area 5 -69 (601 Tollhouse Drive) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6,7) n. Resolutions of Intention (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report for each: 1. ROI No. 1766 adding Area 2 -55 (3700 Wilson Road), 2. ROI No. 1769 adding Area 3 -90 (Tract 6410 at the northwest corner of Taff Highway and Akers Road). (Ward 2,4) o. Resolutions of Intention (ROI) forming two Traffic Signal Maintenance Districts and preliminarily approving, confirming and adopting the Public Works Director's Report for each: 1. ROI No. 1767 forming TS -23 (southwest corner of Panama Lane and Ashe Road), 2. ROI No. 1768 forming TS -24 (southwest corner of Olive Drive and Calloway Drive), City Council Meeting of 12/11/2013 8. CONSENT CALENDAR continued Agreements: (Ward 2) P. Agreement with AEG Management Bakersfield, LLC (not to exceed $ 60,000), for the reimbursement of costs associated with the rental of Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions, (Ward 1,2,6) q. Agreement with Kern High School District (not to exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. (Ward 3 -7) r. Agreement with Wilson & Associates (not to exceed $46,800), to provide continuing disclosure services for various Special Assessment Districts. S. Grant Agreement with the California Urban Forests Council for the provision of trees and planting materials within City parks and public rights of way. (Ward 7) t. Hosking Avenue and State Route 99 Interchange Project; 1. Relocation Agreement with Lamar Central Outdoor, LLC ($150,000). 2. Lease Agreement with Lamar Central Outdoor, LLC, (TRIP) U. Revised Agreement with California Department of Fish and Wildlife ($694,852) to receive funds for the continued preparation of the new Bakersfield Habitat Conservation Plan. (Ward 1) V. On -call Agreements with A -C Electric Company and Braun Electric Company (not to exceed $200,000 annually) for electrical services at the Mount Vernon Recycling Facility for a one -year period, renewable annually for four consecutive one -year periods. (Ward 7) W. Common Use Agreement with Kern Delta Water District (no compensation) for right of entry to maintain a canal crossing as well as existing pavement, curb, gutter, sidewalk, traffic signals and future Improvements on McKee Road at South H Street /Kern Island Canal. X. Consultant Agreement with Solis Engineering Inc. ($696,375), to provide materials testing services for calendar years 2014 and 2015. Y. Consultant Agreements with McIntosh & Associates ($200,000), Meyer Engineering ($200,000) and Nolte Associates /NV5 ($200,000) to provide "on- call" construction Inspection services for Development Projects and Capital Improvement Program. (Ward 5) Z. Final Map, Improvement and Landscape Agreements with Old River Road, LLC„ for Tract 6678 located south of Panama Lane, between Old River Road and Progress Road. (Ward 6) aa. Final Map and Improvement Agreement with Lennar Fresno, Inc., for Tract 6758 Unit 1 located east of Ashe Road and north of Taff Highway, (Ward 5) bb. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 7161 Unit 5 located east of Allen Road and north of White Lane, (Ward 3) cc, Utility Agreement with California Water Service Company ($667,000; 100% Local) for the relocation of waterline facilities In conflict with the State Route 178 Widening Project. (TRIP) City Council Meeting of 12/11/2013 8. CONSENT CALENDAR continued (Ward 1) dd. Utility Agreement with Pacific Gas and Electric Company ($86,221.21; 100% Local), for the location of electrical distribution facilities In conflict with the Improvements on State Route 58 from State Route 99 to Cottonwood Road; part of the Beltway Operational Improvements Project. (TRIP) ee. Amendment No. 5 to Agreement No. 03 -310 for employment of Virginia Gennaro as City Attorney. ff. Amendment No. 1 to Agreement No. 10 -033 with outside counsel, Marderosian, Runyon, Cercone & Cohen extending legal services through fiscal year 2018 -2019. (Ward 1) gg. Amendment No. 4 to Agreement No. 09 -162 with the Bakersfield Homeless Center (revised not to exceed $169,744 annually and extend term one year) for sorting of green waste material at the Mt. Vernon Green Waste Facility. hh. Amendment No. 1 to Agreement No. 13 -058 with Gilliam & Sons, Inc. ($400,000; revised not to exceed $1,254,484), to continue earthmoving and hauling services. (Ward 2) ii. Amendment No. 1 to Disposition and Development Agreement No. 12 -138, for assignment and assumption of the Baker Street Village Phase II Project. (Ward 2) jj. Amendment No. 2 to Agreement No. 12 -100 with Chelsea Investment Corporation to use a portion of the $1,200,000 HOME Investment Partnership (HOME) Funds already allocated to the project as a Predevelopment Loan and provide for reimbursement to the City for Infrastructure Improvements constructed which benefit the development and construction of the Mill Creek Courtyard Senior Residences located at 1303 S Street. (Ward 1,7) kk. Contract Change Order No 2 to Agreement No. 13 -139 with Granite Construction Company ($238,989.20; revised not to exceed $1,998,137.20) for Pavement Rehabilitation 2013 Phase 2 - Panama Lane from South H Street to Monitor Street. (Ward 2) II, Recoat Community Development Building Rooftop Parking Decks; 1. Contract Change Order No. 1 to Agreement No. 13 -141 with Angelus Waterproofing & Restoration ($32,866; revised not to exceed $237,871) for the project. 2. Appropriate $32,866 Facility Reserve Funds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund. Bids: mm. Extend bid from Jim Burke Ford ($42,592.94) for two additional full size extended cab 1/2 ton pickups for use by the Police Department. nn. Accept bid from Jim Burke Ford ($1,047,252.29) for four additional and forty -two replacement four door police special sedans for use by the Police Department. oo. Accept bid from SANplicity, Inc. ($61,298.41) for two additional Dell EqualLogic storage area network devices for the Information Technology Division. pp. Accept bid and approve contract with Applied LNG Technologies, LLC ($800,000), for the annual contract to supply liquid natural gas (LNG) fuel. City Council Meeting of 12/11/2013 8. CONSENT CALENDAR continued qq. Accept bids and approve contracts with IPC USA ($2,750,000) and SC Fuels ($1,250,000) for the annual contracts ($4,000,000) to supply gasoline and diesel fuels. rr. Accept bid and approve contract with Cen -Cal Construction (not to exceed $189,437.50) for canal liner repair, (Ward 1,2) ss. Accept bid and approve contract with Michels Corporation, dba Michels Pipeline Construction ($1,563,571), for the Sewer Rehabilitation, P Street Trunk Sewer. (ward 2) tt. Accept base bid plus additive alternate 1 and approve contract with MPI Prime Construction, Inc. ($74,000), for bathroom reconstruction at Fire Station No. 1, (ward 6,7) uu. Accept base bid and approve contract with Brown and Fowler Construction, Inc. ($414,640), for Wilderness Park and Challenger Park Playground Rehabilitation projects. Miscellaneous: VV. Appropriate $52,257 from First Five Kern Grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide a water safety education program (Make -A- Splash), ww. Appropriate $6,000 contribution from Bright House Networks made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Movies in the Park series. (Ward 3,4,5) xx. Quitclaim to terminate temporary construction easements for Fairfax Interchange and Phase 1 & 2 of the Westside Parkway. (TRIP) (Ward 1, 2) yy. Department of Housing & Urban Development (HUD) Action Plan Amendments: 1. Fiscal Year 2012 -2013 Action Plan Amendment 6 and Fiscal Year 2013 -2014 Action Plan Amendment 2, reprogramming $800,000 of Community Development Block Grant (CDBG) Funds. 2, Appropriate $250,475.44 CDBG Contingency Funds to Capital Improvement Projects within the CDBG Fund, zz. Audit Reports for Fiscal Year ended June 30, 2013 (refer to Budget & Finance Committee): 1. Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan, 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City, 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Bright House Networks Amphitheater. City Council Meeting of 12/11/2013 8. CONSENT CALENDAR continued aaa, Fiscal Year 2012 -2013 Annual Compliance Report for park Impact fees prepared In accordance with Government Code §66006. (ward 1,3,4,5,7) bbb. Fiscal Year 2012 -2013 Annual Compliance Report for planned drainage area fees prepared in accordance with Government Code §66006, ccc, Fiscal Year 2012 -2013 Annual Compliance Report for planned sewer area fees prepared In accordance with Government Code §66006. (Ward 3,6) ddd. Fiscal Year 2012 -2013 Annual Compliance Report for bridge crossings and major thoroughfare fees prepared In accordance with Government Code §66006, eee, Fiscal Year 2012 -2013 Annual Compliance Report for transportation Impact fees prepared in accordance with Government Code §66006, Successor Agency Business: fff, Receive and file successor agency payments from November 7, 2013, to November 25, 2013, In the amount of $35,000, Staff recommends adoption of Consent Calendar Items 8a. through 8. fff. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS (Ward 5) a. Public Hearing to consider the Resolution ordering the summary vacation of a portion of public utility easements as created on Tract Map 6223 (northeast corner of South Allen Road and White Lane), A finding that the project is exempt from the California Environmental Quality Act will also be considered. Staff recommends adoption of Resolution, 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 12/5/13 1:18pm City Council Meeting of 12/11/2013 AGENDA HIGHLIGHTS December 11, 2013 CITY COUNCIL MEETING NOTE: There are no Closed Session Items on this agenda. The regular meeting of the City Council will begin at 5:15 p.m. REGULAR MEETING - 5:15 p.m. There will be one appointment to each of the following: Planning Commission, Fire Civil Service Board, and the Miscellaneous Civil Service Board (for one of two vacancies). We anticipate additional actions on the January 8, 2014 agenda for one appointment to each of the following: Kern Mosquito and Vector Control District, North of the River Recreation and Park District, Police Civil Service Board, and the remaining vacancy on the Miscellaneous Civil Service Board. Item 8d. 2014 Health Care Package for the Anthem PPO Plans. The 2014 rate renewal package for the Anthem PPO Plans for active and retired employees was not included with the healthcare packages and rates that were approved by the City Council on November 20, 2014, as the City's health plan consultant, Segal, had extended the claims review and negotiations process in an attempt to lower the Anthem renewal rate increases. However, utilization costs continued to exceed the premiums collected during the extended review period, and the final rate renewal resulted in a 28% increase for the active PPO Plan. The Employee Insurance Committee and the Personnel Committee considered multiple plan changes recommended by Segal to reduce the rate increase and are recommending Council approval of a Resolution for a renewal package that will result in a 17.3% increase for the active employees, a -9.54% decrease for retired employees, and increases to the deductibles and out of pocket maximum increases. A budget adjustment will also be necessary; those details will be included in the upcoming mid -year budget adjustments in January. Item 8e. Resolutions r of the value of Emoloyer Paid Member Contributions (EPMC), with Time -in -Grade excel2tions for Police Safety Class. Recent negotiations have resulted in agreement with the BPOA for a new MOU that is consistent with Council guidelines. It includes a .5% salary increase for all BPOA members; however, there is also a requirement for unit members who are not already doing so to pay .5% of their pension costs. The previous MOU had expired as of June 30, 2013; the term of the new MOU is from July 1, 2013 through June 30, 2014. Staff is recommending approval of the two resolutions. Item 8yy. HUD Action Plan Amendments Staff is proposing amendments to the FY 2012/13 and FY 13/14 Action Plans for HUD funded projects. HUD requires that CDBF funds are spent in a timely manner, so we periodically make adjustments to the Action Plan to ensure that all available funding is used. This item requests the reprogramming of $238,944.45 in savings from two projects that have been completed (the South Mill Creek Park and Parking Project and the Oleander Area Curb, Gutter, Sidewalk and Reconstruction Project); $310,580.00 from the cancellation of the Arts Alive Streetscape Improvements Project, which is no longer eligible, due to change in HUD regulations; and $250,475.45 in CDBG programmed contingency funds, for a total of $800,000.00. The funding would be allocated to three new shovel -ready projects in Wards One and Two, as follows: 1) pedestrian improvements near the Pauly and Bessie Owens Elementary Schools, $280,000.00; 2) a curb, gutter, sidewalk and reconstruction project for an area bounded by Union, Brundage, P and 4th Streets, $212,000.00; and 3) a curb, gutter, sidewalk and reconstruction project for an area bounded by East Truxtun, Baker, East California and Williams. Council approval is also requested for the appropriation of $250,475.44 of unprogramed CDBG contingency funds to the Capital Improvements Projects within the CDBG fund. Item 8u. Annual Audit Reports. Staff recommends the referral of six audit reports, including the City's Comprehensive Annual Financial Report, for the fiscal year ending June 30, 2013, to the Budget and Finance Committee. Items 8aaa. - See*. Annual Compliance Reports for FY 2012 -13. Five compliance reports are being provided for review by the City Council and the public, for the following: Park Impact Fees, Planned Drainage Area Fees, Planned Sewer Area Fees, Bridge Crossings and Major Thoroughfare Fees, and Transportation Impact Fees. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - December 11, 2013 Council Meeting Page 2 MEETING DATE: December 11, 2013 AGENDA SECTION: Presentations ITEM: 4 TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD DATE: November 15, 2013 CITY ATTORNEY CITY MANAGER fjS SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Lieutenant Donald A. Krueger. RECOMMENDATION: BACKGROUND: Mayor Hall will make presentations to: Lieutenant Donald A. Krueger for 30 years of service to the City of Bakersfield. GR:PARETIREMENT PERS MISCELLANEOUSWdmin Report Retiree Presentations Krueger.doc 11/15/2013 AK ADMINISTRATIVE REPORT Rrn♦ 9 1F0 MEETING DATE: December 11, 2013 AGENDA SECTION: Appointments ITEM: 1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk November 25, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER �CsJ One appointment to the Planning Commission due to the resignation of Justin Batey (Ward 5), whose term expires April 30, 2017. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Planning Commission due to the resignation of Justin Batey (Ward 5), whose term expires April 30, 2017. Applications for appointment were received from the following: Ward 5 • Dr. Brandon Hawkins • Jenifer Pitcher • Richard Schwarz On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 5. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four -year terms, but not of a specific ward of the nominating Councilmember. Commission duties are to maintain and interpret the City's General Plan and recommend methods of implementation; maintain the City's zoning ordinance and make recommendations for improvement; review the City's Capital Improvement Plan for consistency with the General Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the above items and on any appeals of site plan review. RG:jd November 25, 2013, 10:39AM S: \Bds &Comm \P LAN NING \2013 \October \Administrative Report - November 2013.docx BA O�yc0�10R,1 +r ADMINISTRATIVE REPORT /FO MEETING DATE: December 11, 2013 AGENDA SECTION: Appointments ITEM: 7, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk November 27, 2013 APPROVED DEPARTMENT HEAD 4)AT CITY ATTORNEY CITY MANAGER AS One appointment to the Fire Civil Service Board, due to the expiration of term of Thomas Edmonds, whose term expires December 31, 2013. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy on the Fire Civil Service Board due to the expiration of term of Thomas Edmonds, whose term expires December 31, 2013. The news release for this recruitment was posted November 4, 2013. An application was received from incumbent Thomas Edmonds. The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three -year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield. S: \Bds &Comm \FIRE\2013Wdministrative Report 12.11.13.docx 26- Nov -13 1:21 PM RG:jd oFBA E ��a"o,,,�Rs ADMINISTRATIVE REPORT V;u LIFO MEETING DATE: December 11, 2013 AGENDA SECTION: Appointments ITEM: 17, G TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 2, 2013 APPROVED DEPARTMENT HEAD T CITY ATTORNEY CITY MANAGER K S _ One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Gonzalo Ramirez, whose term expires December 31, 2013. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There will be one appointment to the Miscellaneous Civil Service Board due to the expiration of term of Gonzalo Ramirez, whose term expires December 31, 2013. An application was received from incumbent Gonzalo Ramirez. The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three -year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 2:00 p.m. at City Hall North, 1600 Truxtun Avenue, Bakersfield. S:\Bds& Comm \MISCCS\2013\Administrative Report 12.11.13.docx 2- Dec -13 4:19 PM RG:jd MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: j2 -0 :1 TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD ,& DATE: November 26, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the November 20, 2013, Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: Rg:ndw e AVr ADMINISTRATIVE REPORT c �• 1 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: S. b. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /1/ S DATE: November 25, 2013 CITY ATTORNEY )qV CITY MANAGER_ S SUBJECT: Receive and file department payments from November 7, 2013 to November 25, 2013 in the amount of $17,714,028.55, Self Insurance payments from November 7, 2013 to November 25, 2013 in the amount of $381,873.79, totaling $18,095,902.34 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: November 25, 2013, 2:35PM SAKim G\ADMIN \COUNCIL - ADMIN- AP- 2014WDMIN —AP 121113.doc O�BAKE Ncoaroft RS V ' r ADMINISTRATIVE REPORT L!F 0 MEETING DATE: December 1 1, 2U 13 AGENDA SECTION: Consent Calendar ITEM: g, C TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: November 18, 2013 CITY ATTORNEY y1f- CITY MANAGER & SUBJECT: California Public Employees' Retirement System (CaIPERS). 1. Adoption of Ordinance authorizing an Amendment to the Contract with California Public Employees' Retirement System (CaIPERS). 2. Amendment No. 8 to Agreement No 97 -39 between the City of Bakersfield and the CalPERS Board of Administration to provide Section 21548 (Pre- Retirement Option 2W Death Benefit) for local police safety members. RECOMMENDATION: Staff recommends adoption of the Ordinance and Contract Amendment. BACKGROUND: The Ordinance authorizing an Amendment to the Contact between the City and CalPERS represent the procedural steps required by CalPERS in order for the City to implement changes to the contract that been brought about by prior Council action. On March 6, 2013 Council approved a new Memorandum of Understanding (MOU) between the City and the Bakersfield Police Officers Association (BPOA) which outlines the "Terms and Conditions of Employment" for the represented members. Included within those terms was the implementation of the Pre - Retirement Option 2W Death Benefit. This benefit allows the spouse or registered domestic partner of a deceased member, who was eligible to retire from service at the time of death, to elect to receive the Pre - Retirement Option 2W Death Benefit in lieu of the lump sum Basic Death Benefit. This benefit is a monthly allowance equal to the amount the member would have received if he /she had retired from service on the date of death and elected Option 2W. This change was an agreed upon item in negotiations, approved by a vote of the membership, and thus was included in the Council's Resolution setting "Terms and Conditions of Employment." The impact of this change to the total employer rate is .072% (FY 13- CT Page 1 o� BA WR /y vit ADMINISTRATIVE REPORT ,ypv l I gL1F0 14 from 35.094% to 35.166 %). Upon approval all units will now be covered and have the Pre - Retirement option 2W Death Benefit. CalPERS requires that the City adopt a Resolution of Intention and have first reading of the Ordinance at least twenty (20) days prior to the final adoption of the Ordinance, which was approved during the November 6, 2013 City Council Meeting. The second reading and adoption of the Ordinance will provide an effective date of the Ordinance with CaIPERS as of January 10, 2014, thirty (30) days post approval by the governing body. The contact amendment is scheduled to be in effect with CaIPERS as of January 13, 2013. CT Page 2 ��BAKE �cosro�,rt RS U ADMINISTRATIVE REPORT LI 0 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: S TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD DATE: November 25, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution Identifying Vendor, Healthcare Plans and Setting Rates for itywicle Health Insurance Plans (Anthem Blue Cross PPO Plans Only) for Eligible Active and Retired Employees RECOMMENDATION: The Personnel Committee recommends Council approval of the resolution and 2014 rate renewal package for the Anthem PPO Plans (active and retiree). BACKGROUND: On November 20, 2013, the City Council approved the 2014 healthcare plans and rates for eligible employees with the exception of the Anthem Blue Cross PPO plan for active and retirees. During the earlier stages of the renewal process the 2014 rates for the active PPO plan were estimated at over 30% due to higher than normal claims experience during the 2013 plan year, out -of- network utilization absorbed by the plan, and administrative fees associated with the implementation of the Affordable Care Act (ACA). In an effort to reduce the rate increase for the Anthem Blue Cross Active PPO Plan, Segal extended the claims review and negotiations process with the carriers with the hope that further claims experience data would justify a lower renewal rate. This was not the case, as plan utilization costs continued to exceed the premiums collected during the extended review period. Segal's efforts resulted in a final rate renewal increase of 28% for the active PPO Plan. Over the last few weeks, the Employee Insurance Committee and the Council's Personnel Committee have been considering multiple plan changes recommended by Segal to reduce the rate increase for the Active Anthem Blue Cross PPO plan for 2014. As a result of this process, the Insurance Committee and the Personnel Committee are recommending approval of nearly all of Segal's recommended plan changes which result in the following: • 17.3% rate increase to the active PPO plan; - 9.54% rate decrease to the retiree PPO plan; In- Network deductible increase from $350 to $750 (single party); • Out -of- Network deductible increase from $350 to $1,000 (single party); ADMINISTRATIVE REPORT • In- Network, Out -of- Pocket maximum increase from $1,500 to $2,000 (single party); • Out -of- Network, Out -of- Pocket maximum increase from $4,500 to $10,000 (single party); • Reduction in the Out -of- Network coinsurance from 60% to 50 %. With the approval of the Anthem Blue Cross PPO plans as presented, all 2014 plan renewals and benefits will be established and staff plans to hold the annual open enrollment process for active and retirees between December 12th and December 18th. The approval of the health care benefits and rates for the 2014 plan year will require a budget adjustment which will be detailed as part of the upcoming mid -year budget adjustment process in January. BA �Slnff r d �9LRy r ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 9. e-. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: November 25, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY ✓6' CITY MANAGER SUBJECT: 1. Resolution Approving the Memorandum of Understanding, Setting Salaries and Related Benefits for Employees Represented by the Bakersfield Police Officers Association. 2. Resolution Modifying the Paying and Reporting of the Value of Employer Paid Member Contributions with Time -in -Grade Exceptions for Police Safety Class. RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: Labor negotiations between the City and the Bakersfield Police Officers Association (BPOA) were recently concluded following the June 30, 2013 expiration of BPOA's most recent Memorandum of Understanding (MOU). The City's labor negotiation team was able to work with representatives of BPOA to develop a new MOU which is consistent with the Council's approved guidelines, and includes a requirement for BPOA members, not already doing so, to begin paying a portion of their pension costs. The new MOU which is being recommended for approval includes the following components for those represented by BPOA: 1. Term from July 1, 2013 through June 30, 2014 2. Half of one percent (0.5 %) salary increase for all unit members. 3. Unit members hired prior to January 1, 2011 and who have been with the City more than five years, will contribute 0.5% towards their pension costs.* 4. An increase to call back minimum from two (2) to three (3) hours. 5. An equity adjustment to the salary grade for Detectives of 1.8 %. ST Page 1 J ADMINISTRATIVE REPORT Consistent with the intent of the Public Employees' Pension Reform Act of 2013 (PEPRA), the City is moving towards incrementally increasing the pension contributions made by City employees. The second resolution under this item recognizes the increased contribution being made Police Safety Class members and therefore reduces the member contribution being paid by the City on behalf of the employees in this group. The Resolution is necessary so that the information provided to the California Public Employees' Retirement System is updated according to the parameters of the new MOU between the City and BPOA. *Note: Unit members hired after January 1, 2011 are required to contribute towards their pension costs as a result of Measure D-2010 and the Public Employees' Pension Reform Act of 2013 (PEPRA). ST Page 2 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 20, 2013 APPROVED DEPARTMENT HEAD i✓ CITY ATTORNEY CITY MANAGER 45 Resolution to Authorize Sale of Surplus Harley Davidson Motorcycle to the Kern County Museum, a non - profit organization for one dollar ($1.00). RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The City has received a request from the Kern County Museum, a nonprofit organization to receive a surplus Harley Davidson motorcycle. The Harley Davidson motorcycle is inoperable and is no longer in service. Repair cost estimates acquired by staff exceed the value of the equipment rendering it not feasible to repair and sell at auction. The motorcycle will be added to the museum's collection of historic items from Kern County. Staff recommends the sale of a surplus motorcycle to the Kern County Museum for one dollar ($1.00). 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 donated "as is with all faults" to remove the City from any potential liability claims. November 20, 2013, 3:36PM/kb S:IPURCHWDMINWdmin 13- 14\Surplus Property Harley Davidson Motorcycle -Kem County Museum, December 11, 2013.docx MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 2 , 1. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 2, 2013 _ujj l* `l DEPARTMENT HEA CITY ATTORNEY bk, CITY MANAGER SUBJECT: Resolution determining that a portable grill cart 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 $43,000. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The Rabobank Arena currently utilizes free standing carts as well as snack bar facilities. The City desires to add a portable grill cart to adequately serve patrons during peak intermission periods at Rabobank Arena events. AEG management staff and their supporting food service provider, Aramark, obtained quotes from two different vendors and have determined Corsair Display Systems, LLC manufactures a grill that will integrate with existing food facilities at the Rabobank Arena. In addition, they can meet the specified delivery time for upcoming arena events. Staff is recommending adoption of the Resolution to dispense with bidding for an additional grill cart to be purchased from Corsair Display Systems, LLC not to exceed the budgeted amount of $43,000. Funds are budgeted in the Capital Outlay Fund for this project. Purchasing Division/kb S:IPURCHWDMINWdmin 13 -14 \Corsair Grill Cart, Dispense with Bidding, December 11, 2013.docx December 2, 2013, 4:38PM BA OFyeovoV n ADMINISTRATIVE REPORT 10 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 22, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY pp CITY MANAGER 46 Emergency Resolution for Installation and Rental of a Portable Chiller along with Repair of Existing Chiller Due to Catastrophic Failure at Rabobank Arena (Ward 2): Resolution dispensing with normal bidding procedures due to need for emergency installation and rental of a portable 300 -ton ice chiller along with emergency repairs to existing ice chiller system at Rabobank Arena due to catastrophic failure, not to exceed $375,000. 2. Appropriate $375,000 Facility Reserve Funds to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval of resolution and appropriation. BACKGROUND: On November 17, 2013, Public Works staff was notified that the ice chiller system at Rabobank Arena had failed and could no longer maintain the temperature of the floor to insure the ice rink would not melt. Consequently, the existing ice chiller was unable to provide a safe ice surface for events requiring use of the ice rink. Public Works staff assessed the condition of the existing ice chiller and determined that the chiller experienced a catastrophic failure which would require extended downtime in order to repair. The Public Works Director determined that this catastrophic failure was an emergency condition which would have been significant and costly if not immediately addressed, as multiple events were already scheduled at the Facility. The ice chiller failure would have also caused disruption for ticket holders, among other complexities. Therefore, the Public Works Director authorized Peterson Cat Power Systems to proceed with the installation and rental of a portable 300 -ton ice chiller while repairs were in progress to the existing ice chiller. Additionally, the Public Works Director authorized several vendors to perform emergency repairs for the existing ice chiller to save on future rental costs of the portable chiller. Rental costs are $19,000 a month. Condenser & Chiller Services, Inc., Rapid Recovery, Thermal Services and Mycom were authorized to repair the existing chiller. Condenser and Chiller Services' work included removing and replacing the 425 3/4 -inch carbon steel tubes (18 -feet in length) in the pressurized chiller barrel, cleaning the barrel and the tube sheet holes of debris, pressure testing gi G: \GROUPDAT \ADMINRPT \2013 \12 -11 \Chiller at Rabobank.doc ADMINISTRATIVE REPORT Page 2 for leaks, and reinstalling the evaporator heads. Rapid Recovery's work included removal of over 2,500 pounds of contaminated R -22 (Freon) from the ice chiller system. Thermal Services' work included flushing and cleaning the system of the contaminated mix of Freon and brine. Mycom's work included rebuilding and servicing the three compressors for the system. This Administrative Report authorizes the Finance Director to dispense with normal bidding procedures in accordance with Section 3.20.060.D.4 of the Bakersfield Municipal Code. Staff recommends the appropriation of $375,000 of Facility Reserve Funds to cover costs for this emergency repair. The Facility Reserve Fund are funds set aside for major renovations and repairs to City Facilities. As part of the midyear budget, staff will bring forward a proposal to replenish the Facility Reserve Fund for this cost with remaining prior year property tax administration fee refund. gl G:\GR0UPDAT\ADMlNRPT-\2013\12-1 1 \Chiller at Rabobank.doc aAlt PO44 T Rs� ADMINISTRATIVE REPORT LI 0 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $. j. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 20, 2013 SUBJECT: Assessment District Software APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & Resolution determining that certain Assessment District Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $79,960. 2. Five year agreement with NBS Government Finance Group (NBS) to purchase Assessment District Software not to exceed $79,960. (Wards 3, 4, 5, 6 & 7) RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the Agreement. BACKGROUND: The City of Bakersfield began working with assessment district bond financing in the early 1980's. In 1996, the City purchased a DOS based software package from the Government Finance Group, which was then upgraded in 2002 to a windows based software package (D- FAST 2). The City currently handles administration for over 16,650 assessment district parcels (contained within 22 assessment districts) on an annual basis. The current software being used is no longer going to be fully supported by the vendor. The vendor now offers an upgraded software product (D -FAST 3), which to the best of our knowledge, is the only such software product that meets our current and future administrative needs. The cost of the new software including an allowance for staff training is $26,112 plus applicable sales tax. An annual software maintenance fee of $9,300 will also be incurred and is subject to applicable sales tax and annual increases based on the Consumer Price Index estimated at 2% per year for the five year term of the agreement. The annualized cost of this contract is approximately $16,000 per year. There is no General Fund impact regarding this agreement. The cost of these services will be charged to the respective Special Assessment Districts. S:\AdminWdmin Reports \Wilson & Assoc Cont Disc 5'. U . MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 20, 2013 SUBJECT: Alfred Harrel Lift Station (Ward 3): APPROVED DEPARTMENT HEAD CITY ATTORNEY k CITY MANAGER__ 1. Resolution determining that certain rebuilding of WEMCO pumps at Alfred Harrel Lift Station cannot be obtained through the usual bidding procedures because Flo- Systems, Inc is the sole distributor of WEMCO pumps for the City's geographical area and authorizing the Finance Director to dispense with bidding therefore, not to exceed $100,000. 2. Agreement with Flo- Systems, Inc ($100,000) for rebuilding of WEMCO pumps at Alfred Harrel Lift Station, not to exceed $100,000. RECOMMENDATION: Staff recommends approval of Resolution and Agreement. BACKGROUND: This Administrative Report provides for the rebuilding of WEMCO pumps at the Alfred Harrel Lift Station. The existing WEMCO pumps at this Lift Station are currently operating on a temporary basis. This Lift Station must be monitored at least once daily for potential pump failure. The existing WEMCO pumps must be rebuilt in order to provide for the designed sewage flows into the lift station. Additionally, the current lift station controls must be modified to accept the rebuilt WEMCO pumps. Flo- Systems, Inc is the sole distributor of WEMCO pumps for the Bakersfield area. Therefore, the Public Works Director recommends that the Council find that said rebuilding of WEMCO pumps and modification of lift stations controls at the Alfred Harrel Lift Station can only be reasonably obtained from Flo- Systems, Inc and authorize the Finance Director to dispense with bidding in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. The cost for this work is estimated not to exceed $100,000. Sufficient funds are budgeted for this agreement. Sewer Enterprise Funds provide the funding source for this agreement. Therefore, there is no General Fund impact. This agreement is exempt from prevailing wage requirements. gl GAGR0UPDAT \ADMINRPT \2013 \12 -11 \Flo- Systems.docx AK ADMINISTRATIVE REPORT LIF MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 1g. 14 TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks November 25, 2013 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY CITY MANAGER_ Jastro Park: repair and replacement of picnic shade shelter roof (Ward 2). 1. Resolution determining that the repair and replacement of the picnic shade shelter roof cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor and request shade shelter roof repair and replacement services from Gametime, not to exceed $16,083. 2. Approve the agreement to repair and replace the picnic shade shelter roof at Jastro Park from Gametime for a total amount not to exceed $16,083. 3. Transfer $16,083 from the Saunders Playground Rehabilitation project to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund for the replacement of the picnic shade shelter roof. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement and transfer. BACKGROUND: During a windstorm in May 2013, the picnic shade shelter roof at Jastro Park sustained damages caused by fallen tree limbs. While the shade panels need to be replaced, the structure incurred no damages. Staff contacted the original shade provider, Gametime, to submit a quote for repair and replacement of the shade panels. Services by Gametime will restore the picnic shade shelter to its original condition. Staff recommends transferring $16,083 from available funds remaining in the Saunders Playground Rehabilitation project to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund. There is no General Fund impact associated with this project. November 25, 2013, 2:48PM:jln S: \ADMINISTRATION DIVISION \Admin Rpts \2013 Admins \Jastro Shade repair.docx 1,�111111111111,/� ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $. 1. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: November 27, 2013 CITY ATTORNEY CITY MANAGER A6S SUBJECT: Management of Designated City Utility Accounts: Resolution authorizing the City Manager to execute an authorization allowing Cass Information Systems to manage designated utility accounts on behalf of the City. 2. Authorization allowing Cass Information Systems to manage designated City utility accounts with PG &E related to Rabobank Arena, Theater, and Convention Center, the San Joaquin Community Hospital Ice Center, and the Bright House Networks Amphitheatre at no additional cost to City. (Wards 2 and 4) RECOMMENDATION: Staff recommends adoption of the resolution and approval of the Authorization. BACKGROUND: AEG Management Bakersfield, LLC ( "AEG "), the management company for the Rabobank Arena, Theater, and Convention Center, the San Joaquin Community Hospital Ice Center, and the Bright House Networks Amphitheatre (the "Facilities "), has requested that the City authorize one of AEG's related entities (Cass Information Systems) to gain access to and manage designated City utility accounts with PG &E related to the Facilities. This action will allow AEG to explore ways of reducing utility costs for the Facilities and implement those reduction measures at no additional cost to the City. The Authorization requires the City to indemnify PG &E for any damages resulting from the release of the City's account information to the AEG entity and any actions taken by the AEG entity related to the disclosed information. The attached resolution authorizes the City Manager to execute the Authorization on behalf of the City. AH:Isc S: \COUNCIL \Admins \13 -14 Admins \AEG.UtilityAuth.docx � wo.K scn ADMINISTRATIVE REPORT AIL� MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g. M TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 19, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY D� CITY MANAGER �W SUBJECT: Resolution to add Area 5 -69 (601 Tollhouse Drive) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On October 16, 2013, the Council adopted Resolution of Intention No. 1764 adding the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and /or street landscaping. The 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. R G: \GROUPDAT \ADMINRPT \2013 \12 -11 \Res est CMD 5- 69.docx MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g , n TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 19, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each. 1. ROI # 1766 to add Area 2 -55 (3700 Wilson Road) - Ward 6 2. ROI # 1769 to add Area 3 -90 (Tract 6410 at the NWC of Taff Highway and Akers Road) - Ward 7 RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territories 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 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\ 12 -11 \ROI est CMD 2 -55 & 3- 90.docx A ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $, p TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 19, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolutions of Intention (ROI) to form two Traffic Signal Maintenance Districts and preliminarily approving, confirming, and adopting the Public Works Director's Report. 1. ROI # 1767 to form TS -23 (SWC of Panama Lane & Ashe Road) - Ward 4 2. ROI # 1768 to form TS -24 (SWC of Olive Drive & Calloway Drive) - Ward 2 RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to form a Traffic Signal Maintenance District as required by section 13.04.021 of the Municipal Code. Formation of the Traffic Signal Maintenance District will provide for the operation and maintenance of a convenient traffic signal. Staff is recommending the Traffic Signal Maintenance Districts be formed 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 formation of a Traffic Signal 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 formation of a Traffic Signal Maintenance District, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. Ps GAGR0UPDAT \ADMINRPT \2013\ 12 -11 \ROI est TS -23 & TS- 24,docx MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $ , TO: Honorable Mayor and City Council FROM: David Lyman, CVB Manager DATE: November 22, 2013 DEPARTMENT HEAD__ �W CITY ATTORNEY CITY MANAGER__ Pte_ SUBJECT: 2014 Reimbursement Agreement with AEG Management Bakersfield, LLC in an amount not to exceed $60,000 for the reimbursement of costs associated with renting the Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. (Ward 2) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB) entered into Agreement No. 07 -314 regarding the management of the CVB and the marketing of Bakersfield as a destination center for conventions, sporting and other events including individual /group travel and tourism. Over the past several years, the CVB has provided incentives to various organizations to hold their events in Bakersfield in order to ultimately generate more sales tax and Transient Occupancy Tax (TOT) revenues and to market the benefits and advantages of the City as a destination center for holding conventions. For the past 17 years the CVB has contributed to the cost of renting Rabobank Arena on behalf of the Jehovah's Witnesses Congregation (JWC). The JWC puts on six weekend events during the summer and the CVB has contributed $10,000 rental reimbursement to Rabobank Arena for each of the six events. The conventions draw a total in excess of 32,000 attendees with an estimated TOT from $59,000 to $118,000 and economic impact in excess of $1,000,000. The conventions are held Friday through Sunday at a time during which hotel occupancy is typically below normal. The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to continue the contribution of the costs associated with the rental of Rabobank Arena. Upon receipt of the invoices, the City, on behalf of the JWC, shall pay AEG Management Bakersfield, LLC $10,000 for rental reimbursement for each weekend event scheduled to occur between May and August 2014. Planned dates for the 2014 conventions are: June 6 -8; June 13-15; June 20 -22; July 4 -6; July 25 -27; August 1 -3. MB:wkz 11 /25/2013 10:22 AM S: \Admin Reports \City Council Admins 2013- CVB \JWC -AEG 2014 Reimbursement.Docx O�BAKE `yCO0.POR�r� �'S� ° ADMINISTRATIVE REPORT c�LIFO MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD L DATE: November 14, 2013 CITY ATTORNEY RaL CITY MANAGER SUBJECT: Agreement with Kern High School District (KHSD) not to exceed $75,000 paid to the City for use of aquatic facilities for practice and swim meets. (Wards 1, 2 and 6) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield for use of aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool, Jefferson Park Pool, and Dr. Martin Luther King, Jr. Pool for practice and swim meets for payment to the City in an amount not to exceed $75,000. This amount remains the some as 2012 and 2013. The City has had a long standing agreement with the KHSD to utilize these aquatic facilities from January 11, 2014 through May 28, 2014 at mutually agreed upon times. te:jn November 13, 2013, 10:19AM C:\ Users \sforsyth \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3CDZNDWE \KHSD use of Aquatic Facilities Admin.docx BAKE ADMINISTRATIVE REPORT 'LIFO MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $, r, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 19, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY Q ,. CITY MANAGER �GJ SUBJECT: Agreement with Wilson & Associates (not to exceed $46,800.00) to provide Continuing Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 & 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City currently has 20 active Assessment Districts, with a total bonded indebtedness of $48,370,000, which all require Continuing Disclosure Certificates. The City has covenanted in its respective Continuing Disclosure Certificate for the benefit of the Bondholders to provide an annual report containing certain financial information and operating data relating to each Assessment District and the property within the Assessment District. This covenant has been made in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of reporting requirements. Wilson & Associates is well qualified and experienced in Assessment District disclosure issues and in the preparation of annual continuing disclosure reports. The company was selected as the Assessment Engineer for many of the existing Districts and has a clear and detailed knowledge of each Districts' specific project and debt service components. Last year, twelve of the twenty districts underwent a consolidation and reassessment. The Continuing Disclosure Certificates for those districts will be filed by another firm set forth in the reassessment agreement. Approval of this agreement will allow the City to continue using a well - qualified and experienced professional consultant to prepare the eight remaining Continuing Disclosure Reports and meet the deadlines imposed by the Securities and Exchange Commission. The consultant has held their pricing structure flat for several years and is not proposing any type of fee increase in this years' services. There is no General Fund impact regarding this agreement. The cost of these services will be charged to the respective Special Assessment Districts. S:\Admin\Admin Reports \Wilson & Assoc Cont Disc %41 O�6AKE �GD0.PDF�T� RS ADMINISTRATIVE REPORT c�L1 0 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: Q F S. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks December 4, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY Iy CITY MANAGER �J Grant Agreement with the California Urban Forests Council for the provision of trees and planting materials within City parks and public right of ways. RECOMMENDATION: Staff recommends approval of the grant agreement. BACKGROUND: The California Urban Forests Council, a nonprofit public benefit corporation, established the Invest From the Ground Up (IFGU) campaign. The program's focus is tree and green space education and awareness, and the goals of the program are: • Increase awareness and community involvement in caring for community trees, including proper care and maintenance. • Increase tree canopy, shade and related tree benefits to communities, including reducing heat island, reducing greenhouse gas emissions, saving energy, cleaning water and air, providing aesthetic and habitat value, and improving public health. Through a grant application process, IFGU will award a minimum of 2,000 trees and planting materials to communities in the San Francisco Bay Area and the Southern San Joaquin Valley regions. On September 27, 2013, the Department of Recreation and Parks submitted a grant application requesting 209 trees of select variety and planting materials. On November 6, 2013, IFGU contacted the department notifying the City of Bakersfield was selected as a grant recipient for the quantities requested. The department's grant request reflects a day -long community planting effort to be held on February 15, 2014. Community partnerships have been established with the Tree Foundation of Kern and the Downtown Business Association for this project. Collaboratively, 400 volunteers will be recruited to assist with planting. The department will provide staff to pre -dig holes, deliver the trees, and assist the volunteers with the planting efforts. The locations identified for tree plantings include Central Park at Mill Creek, Jastro Park, Beale Park, and the Kern River Parkway. December 4, 2013, 10:55AM:jln S: \ADMINISTRATION DIVISION \Admin Rpts \2013 Admins \Tree Grant Award.docx MEETING DATE: December 11, 2013 AGEND SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 25, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY g; CITY MANAGER 46 6 Hosking Avenue and State Route 99 Interchange Project: 1. Relocation Agreement with Lamar Central Outdoor, LLC ($150,000) 2. Lease Agreement with Lamar Central Outdoor, LLC (TRIP) (Ward 7) RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: The City has been acquiring properties for the future interchange at Hosking Avenue and State Route 99 since 2007. In 2012 the City acquired property from KB Partners, formerly Trailer Mart, who had leased a portion of their property to Lamar Central Outdoor, LLC (Lamar) for two billboards signs. As part of the acquisition process it is the City's obligation under the Uniform Relocation Assistance and Acquisition Policies Act to pay the actual, reasonable and necessary costs of relocating all parties displaced by our project. So the City has been working with Lamar to relocate their signs to other properties. Lamar was able to relocate one sign to the new Trailer Mart location immediately north of their former location. However, Lamar was unable to find a suitable replacement site for the other sign. So, the City will be leasing Lamar a small remnant parcel on the east side of State Route 99. The City acquired this parcel when it annexed the property north of the future interchange. Lamar desires to lease this remnant as it is very close to the existing location. The City would be leasing the property to Lamar for the balance of the existing lease under its existing terms and conditions. The funding for the relocation of the two billboards is included in the Capital Improvement Budget using Transportation Development Funds. November 25, 2013, 2:14PM P: \MyFiles \Admin Reports \Lamar relo & lease.doc DMA /s MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $ U. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: November 22, 2013 CITY ATTORNEY D�. CITY MANAGER /W SUBJECT: New Bakersfield Habitat Conservation Plan (All Wards): Revised Agreement to receive funds from the California Department of Fish and Wildlife ($694,852) to continue preparation of the new Bakersfield Habitat Conservation Plan. RECOMMENDATION: Staff recommends approval of revised agreement. BACKGROUND: On January 23, 2013, the City Council adopted Resolution No. 007 -13 accepting the Fiscal Year 2012 Federal grant funds in the amount of $694,852 from the Cooperative Endangered Species Conservation Fund for Phase 2 of the Bakersfield Habitat Conservation Plan, the successor plan to the existing Metropolitan Bakersfield Habitat Conservation Plan that expires in August 2014. On September 11, 2013, the Council approved the agreement to allow the City to receive those Federal grant funds from the California Department of Fish and Wildlife (CDFW), who administers the funds. After Council approved the agreement, the CDFW revised the agreement to include task work products, deliverables, and report deadlines. These revisions require Council's approval. The revisions were verified to be reasonable by City Planning Division staff. November 22, 2013, 10:01 AM PE IT- PlanninglBRHCPIPhase2lCityCouncilDocs %BHCP Grant Agreement Revision Admin 121113.docx BA s ADMINISTRATIVE REPORT IF MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 2. V. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 18, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY D� CITY MANAGER SUBJECT: On -call Agreements with A -C Electric Company and Braun Electric Company (each not to exceed $200,000 annually) for electrical services at the Mount Vernon Recycling Facility for a one -year period, renewable annually for four consecutive one -year periods (Ward 1). RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: Because of air pollution rules, equipment at the Facility was switched in 2008 from diesel power to electric power. The electric motors, relays, and controls are not maintained by City staff because the motors are high voltage and thus require specially trained technicians to maintain the equipment. In September of 2013, the City issued Request for Proposals (RFP) to perform on -call electrical contracting services. The RFP was mailed to 12 local electrical companies. Proposals to the RFP were received from the following three firms: • A -C Electric Company • Braun Electrical Company • Electrical Systems and Instrumentation After reviewing the qualifications and fee proposals of the three firms, staff recommends awarding agreements to A -C Electric and Braun Electric. These two contracts will be used inter- changeably based on availability of service. The Facility operates seven days a week; therefore, it is crucial to the Facility's productivity to have an electrical repair contractor available at any given time. Sufficient funds are budgeted to cover the costs for these Agreements. Refuse Enterprise Funds provide the funding source for these Agreements. Therefore, there is no General Fund impact. Approximately 30% of the cost is reimbursed by Kern County per the Greenwaste Cost Share Agreement. LF G: \GROUPDAT \ADMINRPT \2013 \12 -1 1 \On Call Electrical Service for Recycling Facility.cloc A ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD Ky DATE: November 22, 2013 CITY ATTORNEY_ _ CITY MANAGER SUBJECT: Common Use Agreement with Kern Delta Water District (no compensation) for right of entry to maintain a canal crossing as well as existing pavement, curb gutter, sidewalk, traffic signals and future improvements on McKee Road at South H Street /Kern Island Canal (Ward 7). RECOMMENDATION: Staff recommends approval of Common Use Agreement. BACKGROUND: An existing box culvert conveying water of the Kern Island Canal under McKee Road was constructed many years ago without executing a Common Use Agreement document with Kern Delta Water Storage District. A Common Use Agreement is necessary. The Common Use Agreement outlines the roles and responsibilities of both the City and the District. It provides for the right of entry by the City of Bakersfield onto Kern Delta Water District's property to construct, install, maintain, operate, inspect, repair, replace or remove the existing box culvert crossing. The City also completed a Capital Improvement Program (CIP) project in 2012 that constructed a traffic signal at this location. The execution of the agreement will allow for right of entry to maintain the traffic signal. There is no General Fund impact associated with this Common Use Agreement. PW /Design Engineering/NSG/T 1 K217 GAGR0UPDAT \ADMINRPT \2013 \12- 11 \Admin T1K217 Common Use Agreement KDWD.docx 2 U ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. X. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 25, 2013 AP V D DEPARTMENT HEAD CITY ATTORNEY p� CITY MANAGER Consultant Agreement with Soils Engineering Inc. ($696,375.00) to provide materials testing services for calendar years 2014 and 2015 (All Wards). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: As part of the construction inspection of the City's Capital Improvement Program projects, various materials used in that construction must be tested for compliance with the projects' specifications. The City does not have the staff or the equipment necessary to perform those tests or analyses. Therefore, the City has entered into agreements with local testing laboratories for providing the required services. Staff requested Statements of Qualification and Proposals (SOQ &P) from material testing firms. Three firms (BSK & Associates, NV5, and Soils Engineering Inc.) submitted their SOQ &P's to the City on November 12, 2013. Staff then reviewed those statements of qualifications and fee proposals. As a result of that review, the staff selection committee ranked the firms based on a combination of qualifications first and estimated fee second. Staff recommends award of this agreement to Soils Engineering Inc. based on the combination of their qualifications and fee rates being the most beneficial for the City. It should be noted that Soils Engineering Inc. is the current materials testing consultant and has performed well during the current contract period. The contract amount was based on an analysis of past and projected testing levels and the pricing structure submitted by Soils Engineering Inc. Funding for this agreement will be paid for through the actual projects that are currently budgeted. No additional appropriations are anticipated. RM (Construction) GAGROUPDAT ADMINRM2013 \12 -11 \Soils On -call Agreement.doc MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 25, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Consultant Agreements with McIntosh & Associates ($200,000), Meyer Engineering ($200,000) and Nolte Associates /NV5 ($200,000) to provide "on- call" construction inspection services for Development Projects and Capital Improvement Program. (All Wards) RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: To expedite the delivery of the Capital Improvement Program (CIP) and to supplement the demand for inspections related to development and subdivisions, staff implemented an "on- call" inspection program in 1996. This program augments current Construction Division staff by providing contract inspection services as needed for various City inspection demands. The program has proven to be very effective in maintaining staffing to provide timely response of the City's inspection responsibilities. These agreements will allow these programs to continue and are for construction inspection services for calendar years 2014 and 2015. In October, 2013, staff sent a Request for Proposals to local engineering firms. On November 12, 2013, four firms submitted responses: McIntosh and Associates, Meyer Engineering, Nolte Associates /NV5, and Minner & Associates. After reviewing the submitted Statements of Qualifications and fee proposals, and based primarily on qualification scores of individual inspectors and secondarily on hourly rates, staff recommends approval of agreements with the following firms as being the most favorable to the City: McIntosh and Associates (three inspectors) Meyer Engineering (two inspectors) Nolte Associates /NV5 (three inspectors) Both McIntosh and Associates and Meyer Engineering have effectively performed on -call inspection services for the City in the past. While Nolte Associates /NV5 has not previously performed on -call inspection services for the City, the experience of their staff and their positive references indicate that they are fully capable of performing these services. It should be noted that all three firms are local businesses. The contract amounts were based on current inspection staffing levels and projected project workload. No appropriations are necessary since these agreements will be funded by either budgeted capital improvement projects or by inspection fees collected from developers. RM (Construction) GAGROUPDAPADMINRPl \2013 \12- 11\AdMin Reportlnsoec 2014- 15.docx SA PADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: Q, Z TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 21, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY/ IC CITY MANAGER / & Approval of Final Map, Improvement Agreement and Landscape Agreement Final Map, Improvement Agreement and Landscape Agreement with Old River Road, L.L.C., a California limited liability company, for Tract 6678 located south of Panama Lane, between Old River Road and Progress Road. (Ward 5) RECOMMENDATION: Staff recommends approval of 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 AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. MM November 21, 2013, 4:15PM G:\GROUPDATWDMINRPT \2013 \12- 11 \T6678 Landscape Agr.doc MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $ . QQ . TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 12, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ Approval of Final Map and Improvement Agreement Final Map and Improvement Agreement with Lennar Fresno Inc., a California corporation, for Tract 6758 Unit 1 located east of Ashe Road and north of Taft Highway. (Ward 6) 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. mmm November 12, 2013, 3:04PM G:\GROUPDAT\ADMINRPT\2013\12-11\T6758-1 Map and IM AGR.doc MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 20, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY p� CITY MANAGER iC.J Approval of Final Map and Improvement Agreement Final Map and Improvement Agreement with Castle & Cooke California, Inc., a California corporation, for Tract 7161 Unit 5 located east of Allen Road and north of White Lane. (Ward 5) 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. "MAI.,1 November 20, 2013, 3:58PM G:\ GROUPDA T\ADMINRPT\2013 \12- 11\T6758 -1 Map and IM AGR.doc MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: S. CC TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 22, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Utility Agreement with California Water Service Company ($667,000.00; 100% Local) for the relocation of waterline facilities in conflict with the State Route 178 Widening Project. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends approval of Utility Agreement. BACKGROUND: California Water Service Company (Cal- Water) has waterline facilities that conflict with the proposed construction of the State Route (SR) -178 Widening Project, which will widen SR -178 from Canteria Drive to Miramonte Drive. Their facilities are located in private easements that were previously obtained; consequently, the project must pay for the relocations needed to mitigate these utility conflicts. This Agreement Is being executed now in advance of the project in order to prevent future delays that could occur as a result of soon to be implemented new federal rules pertaining to "Buy- America" provisions for utility relocations. Any agreements for utility relocations necessary for federally - funded transportation projects that are executed after December 31, 2013 are required to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some Items needed for the relocations are not available from manufacturers in the United States; and, the utility companies are also bound by other rules (such as those from the Public Utilities Commission) to use the least expensive material regardless of its origin. These complications are making it difficult for some utility companies to comply with these new "Buy- America" provisions, and have caused this to become a major issue nationwide for utility companies. Once this new federal requirement is implemented in January, many utility companies are not going to be able to comply, with the "Buy - America" provisions which will result in the delay to some federally funded transportation projects. Approval of this Agreement at this time will avoid potential delays related to the provisions of "Buy America." This Agreement is funded with Traffic Impact Fees; therefore, there is no General Fund impact. PW/TRIP/TRSR17 — KPB & TDW 11/25/2013 9:04 AM G: \GROUPDATWDMINRPT\2013 \12 -11 \Utility Agreements - SR -178 Widening 1 CH.docx MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 1', CLd. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 22, 2013 APP V D DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Utility Agreement with Pacific Gas and Electric Company ($86,221.21; 100% Local) for the relocation of electrical distribution facilities in conflict with the improvements on SR -58 from SR -99 to Cottonwood Road; part of the Beltway Operational Improvements Project. (TRIP) (Ward 1) RECOMMENDATION: Staff recommends approval of Utility Agreement. BACKGROUND: The improvements on State Route 58 from State Route 99 to Cottonwood Road are included in one of the projects which can be "carved -out" from the original Centennial Corridor (SR -58 Connector) Project. PG &E has electrical distribution facilities in conflict with this proposed project. Because of this conflict, these electrical facilities require relocation. These utility facilities are located within the State Right of Way under a master agreement with the State, and within a private easement; consequently, the cost for their relocation is proportionally shared by the project and the utility company. This Agreement is being executed now in advance of the project in order to prevent future delays that could occur as a result of soon to be implemented new federal rules pertaining to "Buy- America" provisions for utility relocations. Any agreements for utility relocations necessary for federally- funded transportation projects that are executed after December 31, 2013 are required to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some Items needed for the relocations are not available from manufacturers in the United States; and, the utility companies are also bound by other rules (such as those from the Public Utilities Commission) to use the least expensive material regardless of its origin, These complications are making it difficult for some utility companies to comply with these new "Buy- America" provisions, and have caused this to become a major issue nationwide for utility companies. Once this new federal requirement Is implemented in January, many utility companies are not going to be able to comply with the "Buy- America" provisions which will result in the delay to some federally funded transportation projects. Approval of this Agreement at this time will avoid potential delays related to the provisions of "Buy America." This Agreement is funded with Transportation Development Fund Fees; therefore, there is no General Fund impact. November 25, 2013, 9:05AM tdw: G: \GROUPDAT \ADMINRPT \2013\ 12 -11 \PG &E Utility Agreement - Beltway -.docx A ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 25, 2013 ARP-R— E DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ & Amendment No. 5 to Agreement No. 03 -310 for employment of Virginia Gennaro as City Attorney for the City of Bakersfield. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On October 22, 2003, City Council approved Agreement No. 03 -310 for City Attorney legal services. On November 20, 2013, City Council concluded its annual evaluation of the City Attorney. As a result of that review, City Council directed that the City Attorney contract be amended to provide the 2% cost of living adjustment recently approved in Resolution No. 080 -13 for the City's bargaining groups, and set her automobile allowance in an amount equivalent to other Department Heads in the City, effective July 1, 2013. The attached Amendment No. 5 to Agreement No. 03 -310 identifies these adjustments and is responsive to Council's direction. JHR:Isc S: \COUNCIL \ Admins\13 -14 Admins \CityAttyAgr- VG- Amnd5.docx ADMINISTRATIVE REPOR3 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 8, ��. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: November 25, 2013 SUBJECT: Contracts for legal services: APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & Amendment No. 1 to Agreement 10 -033 with outside counsel, Marderosian, Runyon, Cercone & Cohen extending legal services through fiscal year 2018/2019. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Since 2004, the City Attorney's Office has outsourced civil rights cases filed in Fresno to the law firm of Marderosian, Runyon, Cercone & Cohen. The Marderosian team has had a majority of the cases assigned to them dismissed prior to trial or settled for nominal to reasonable amounts. It is important to note that all civil rights lawsuits expose the City to attorney's fees, even upon a nominal ($1) verdict. Therefore, the fact that the City has not been required to pay any monies for attorney's fees and has prevailed in every trial assigned to the Marderosian firm speaks volumes about the firm's talent. The firm's representation of the City of Bakersfield has been excellent. The experience, goodwill and relationship between the City and the Marderosian team comprise an intangible that is difficult to assign a dollar value. Yet, the benefit is clearly seen with the exemplary results to date. As such, the City Attorney's Office believes it is in the City's best interest to continue this relationship and extend the contract through fiscal year 2020. If the contract is renewed, Mick will have an office in Bakersfield which will strengthen his relationship with the community and staff even more. This Amendment No. 1 to Agreement No. 10 -033 would increase in the amount $75,000 for compensation not to exceed Nine Hundred Fifty Thousand Dollars ($950,000) in fiscal years 2015/2016 and 2016/2017, and another $50,000 increase for compensation not to exceed One Million Dollars ($1,000,000) in fiscal years 2017/2018 and 2018/2019 with an option to renew for 2019/2020. SICOUNCUAdmins \13 -14 AdminsW arderosian2010- 2011Thru2014- 2015AttyRtnAgr10- 033Amd1 .2015- 2016Thru2016/2019Admin.Doc BA ADMINISTRATIVE REPORT 1F0 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 19, 2013 CITY ATTORNEY , qr __ CITY MANAGER SUBJECT: Amendment No. 4 to Agreement No. 09 -162 with the Bakersfield Homeless Center (not to exceed $169,744 annually) to extend term of Agreement by one year for the sorting of green waste material at the Mt. Vernon Green Waste Facility (Ward 1). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On December 16, 2009, Agreement No. 09 -162 with the Bakersfield Homeless Center for the sorting of green waste material at the Mt. Vernon Green Waste Facility was approved. The Agreement's terms provided for annual renewal for four consecutive one -year extensions. Amendments 1, 2, and 3 each extended the term of this Agreement by one -year. Amendment 4 extends the term for the Agreement's final one -year term. At this time, there is no proposed change to the compensation amount. The compensation amount is based upon current minimum wage rates. However, legislation has been proposed which would increase the minimum wage rate effective July 1, 2014. If this legislation were approved, this Agreement would be amended to increase the compensation amount. This program has proven to be a tremendous success for both the City and the Bakersfield Homeless Center. The City has received excellent service in the sorting of green waste material. The Bakersfield Homeless Center has been able to launch an employment program that is empowering homeless individuals by assisting them in finding housing, employment, and by offering job- training skills. Due to this mutually beneficial relationship over the past years, both parties wish to extend the Agreement for an additional year. Because of this mutually beneficial relationship, staff fully anticipates that the City and the Bakersfield Homeless Shelter will enter into a new agreement effective 2015 to continue this successful program. Sufficient funds are budgeted to cover the cost for this Agreement. Refuse Enterprise Funds provide the funding source for this Agreement. Therefore, there is no General Fund impact. Approximately 30% of the cost is reimbursed by Kern County per the Greenwaste Cost Share Agreement. If G: \GROUPDAT \ADMINRPT \2013 \12- 11 \Admin Rpt - Amend (4)Bakersfield Homeless Center 12 -11 -13 - revised.doc BAK .ro,,, Rs ADMINISTRATIVE REPORT c `w,.Y,L♦ L10 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: November 21, 2013 APPROVED DEPARTMENT HEAD A/.9 CITY ATTORNEY--- - CITY MANAGER /W SUBJECT: Amendment No. 1 to Agreement No. 13 -058 with Gilliam and Sons Inc.; increasing compensation $400,000 (for a total not to exceed amount of $1,254,484) to the Annual Contract for supply of earthmoving and hauling (prevailing wage). (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On April 17, 2013, Council approved the annual contract for providing earthmoving and hauling services with Gilliam & Sons, Inc., in the amount of $854,484; renewable annually thereafter for four (4) consecutive one -year periods. Currently there is $175,000 available on this contract. The City posted the bid for earthmoving and hauling on March 1, 2013, with the best projection of service requirements at that time. The 2013/2014 budget approved additional street maintenance projects that were not included in the original estimates. Increasing the contract $400,000 will allow the Public Works Streets Division to continue with street maintenance program through the contract term ending, April 16, 2014. If approved, Amendment No. 1 will add $400,000 for a revised not to exceed amount of $1,254,484. Funds are budgeted in the Gas Tax and Capital Outlay Funds for this street maintenance function. Approval of the amendment will allow the City to continue to meet the demand to supply earthmoving and hauling services. Purchasing Division /ch & PURMADMINWmendments 13 -141AC for Earthmoving & Hauling Amendment # to Agreement 13- 058.docx November 21, 2013, 3:25PM 0�BAKE(1 HGOPTORITfp�V� Uc ADMINISTRATIVE REPORT �LIFD MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 2. 10 i. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: November 20, 2013 CITY ATTORNEY CITY MANAGER _ cS SUBJECT: Amendment No. 1 to Disposition and Development Agreement No. 12 -138, Assignment and Assumption of the Baker Street Village Phase II Project. (Ward 2) RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In November 2012, the City Council approved Disposition and Development Agreement (DDA) No. 12 -138 with the Housing Authority of the County of Kern for the Baker Street Phase II housing project. Agreement No. 12 -138 contributed U.S. Department of Housing and Urban Development HOME Investment Partnership and Neighborhood Stabilization Program (NSP3) funds and property for the development of 50 units of multi- family housing and rehabilitation and adaptive re -use of the historic Cornet Building, generally along the west side of Baker Street between Lake and Kentucky Streets. At the time the DDA was approved, it was known that a significant amount of funding for the project would come from Low Income Housing Tax Credits, and that the project would be assigned to a to -be- created limited partnership once a specific tax credit investor was determined. Therefore, the DDA, included a provision that allows the City Council to approve assignment of the agreement and project once the Low Income Housing Tax Credits are syndicated. This amendment to the DDA assigns the DDA and associated obligations for the Baker Street Village Phase II project to GEAHI Old Town Kern LP, a limited partnership that includes the Housing Authority as the Developer and Administrative Partner, Golden Empire Affordable Housing II as the Managing General Partner, and the tax credit investor as a Limited Partner. Approval of this amendment does not change the financial terms of the original agreement. The project is anticipated to be under construction this winter with a projected completion date of January 2015. S: \Dana\ADMINS\2013 \DEC \12 -11 -Baker Street Ph II Amend 1 -Assignment and Assumption.docx 11 /20/2013 11:15 AM BA F y� ADMINISTRATIVE REPORT 10 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: November 25, 2013 CITY ATTORNEY A& CITY MANAGER_ SUBJECT: Amendment No. 2 to Agreement No. 12 -100 with Chelsea Investment Corporation to use a portion of the $1,200,000 HOME Investment Partnership (HOME) funds already allocated to the project as a Predevelopment Loan and provide for reimbursement to the City for infrastructure improvements constructed which benefit the development and construction of the Mill Creek Courtyard Senior Residences located 1303 S Street. (Ward 2) RECOMMENDATION: Staff recommends approval of Amendment and all related documents with minor changes if required. BACKGROUND: The Mill Creek Courtyard Senior Residences project consists of the construction of a minimum of 57 one- and two - bedroom units on 1.53 acres, located at 1303 "S" Street (the southwest corner of "S" and 14th Streets) in South Mill Creek. The apartments will be leased to senior citizens earning 60 percent or less of the area median income. The completion of this project is a requirement of the Proposition 1 C grant awarded to the City as part of the Mill Creek improvements. If the project is not completed, the City would be placed in the position of potentially having to repay $2,469,000 to the State Department of Housing and Community Development (HCD) as this project's pro -rata share of the total $10.8 million Proposition 1 C grant awarded to the City on the basis of five housing projects proposed to be built in the Mill Creek area. Status of Existing Agreements No. 12 -100 and No. 12 -100 (1) The City's total contribution to the project of approximately $4,050,000 will not change under this amendment and will be loaned to the Developer at three percent interest. It will be paid back to the City out of residual receipts. The term of the loans will be 55 years and the period of affordability will be 55 years, both secured by one or more Deeds of Trust on the property. Chelsea Investment Corporation has been working with the City of Bakersfield for more than a year to develop the Mill Creek Courtyard Senior Apartments and have submitted applications for nine percent tax credits in each of the three most recent funding rounds. Unfortunately, because of the S: \EDCD_Shared\Admins\City Council \City Council Admins 2013 \Millcreek Courtyardddaamendno2- DH. Doc November 25, 2013 7:48 AM DH ADMINISTRATIVE REPORT page 2 way the tax credit agency allocates credits, Mill Creek Courtyard, due to being a senior housing project, was not successful in being funded despite having the highest tiebreaker score of all senior housing project applicants. As a result, Chelsea is concerned that further attempts at obtaining nine percent tax credits will also prove unsuccessful. In light of this, Chelsea has identified an alternative financing structure using four percent tax credits. Four percent tax credits, however, do not generate the same amount of revenue as do nine percent tax credits. In order to make up this difference, the developer will agree to also reimburse the city for off -site infrastructure improvements related to the project from project residual receipts. This, in turn, will increase the total project costs that will allow the developer to generate more revenue from the four percent tax credits and meet their project construction budget. This alternative financing structure would allow Chelsea to apply for credits in January 2014 and receive a reservation in February 2014 since the four percent credits are noncompetitive, with construction starting no more than 60 days later. To keep the project on track, and to allow construction to start in April 2014, this amendment will enable Chelsea to use a portion of the HOME funds already committed to the project as a predevelopment loan to pay for additional project architect and engineering costs incurred to submit the building plans to the City Building Department before the end of 2013. Meeting this end -of -year deadline is important to avoid costly changes that will be required by the 2014 Building Code (including significant changes to the state's energy efficiency requirements, known as Title 24). The amendment will also allow Chelsea to reimburse the City of Bakersfield at one percent interest for its share of the infrastructure improvements constructed which benefit the Mill Creek Courtyard development in an amount agreed upon between the City of Bakersfield and Chelsea. The terms of the loans will be 55 years, the period of affordability will be 55 years, and the loans will be secured by one or more Deeds of Trust on the property. Construction is anticipated to begin by April 2014 and completed by December 2014. In addition, the project will not result in any significant effects relating to traffic, noise, air, or water quality, and therefore qualifies as CEQA exempt under Section 15332 under Infill Development. Except as amended, all other terms and conditions of Agreement No. 12 -100 and Agreement No. 12 -100 (1) remain in full force and effect. Conclusion Chelsea has demonstrated their years of experience in developing senior housing in urban infill environments. Chelsea was also the developer of the adjacent CityPlace family affordable housing project and their experience with marketing and operating a community in the South Mill Creek Village gives them the greatest familiarity with the neighborhood, and they are a superior choice as the developer of the Mill Creek Courtyard Senior Residences. Furthermore, the adjacency of the CityPlace project will lead to operating efficiencies, which results in an enhanced cash flow to repay the City for their investment and provide better services for the residents The Mill Creek Courtyard Senior Residences project will be located in an area convenient to amenities, and transportation. The attractive design will serve the target senior population by providing much needed affordable apartment units, which are in great demand in the area. The vision for the Mill Creek Courtyard Senior Residences is to create an inclusive and sustainable (LEED S: \EDCD_Shared \Admins \City Council \City Council Admins 2013 \Millcreek CourtyardDDAAmendNo2- DH.doc 11 /25/2013 7:48 AM DH ADMINISTRATIVE REPORT Page 3 certified) apartment community for the senior residents of Bakersfield where their lives will be enhanced by the neighborhood amenities within walking distance, proximity to mass transit, and the attractive Mill Creek Linear Park. In addition, the project will improve a long- standing blighted parcel of land within the former Southeast Bakersfield Redevelopment Project Area. S: \EDCD_Shared \Admins \City Council \City Council Admins 2013 \Millcreek CourtyardDDAAmendNo2- DH.doc 11 /25/2013 7:48 AM DH t0 A , s ADMINISTRATIVE REPORT LIF MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g, IG Y TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 25, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY 4 CITY MANAGER—&S SUBJECT: Contract Change Order No. 2 to Agreement No. 13 -139 with Granite Construction ($238,989.20; revised not to exceed $1,998,137.20) for the project known as Pavement Rehabilitation 2013 Phase 2: Panama Lane From South "H" Street to Monitor Street (Ward 1 and 7). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for reconstruction of Panama Lane from South "H" Street to Monitor Street. Contract Change Order No. 2 provides for reconstructing the intersection of Panama Lane and Monitor Street. Due to favorable bids realized on this project, sufficient funds are available to perform this additional roadway reconstruction. The contractor has agreed to perform this additional work at the current contract prices for a total cost of $238,989.20. This is the second change order to be submitted for this project. This change order will increase the project total by $238,989.20 (which results in a 13.6% increase of the original contract amount) as illustrated below: • Original Contract Amount = $1 ,759,148.00 • Amended Contract Agreement after Change Orders = $1,998,137.20 Net Increase to date = $ 238,989.20 It should be noted that Contract Change Order No. 1 was a no cost change order which changed the amount of the retention payment to comply with federal regulations. Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with these Change Orders. RM (Construction) November 25, 2013, 1 1:54AM G:\GROUPDAT \ADMINRPT \2013 \12 -11 \CCO 2 Panama Lane Reconstruction South H to Monitor - revised.doc O BA.+ ADMINISTRATIVE REPORT F MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: U t . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 22, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Recoat Community Development Building Rooftop Parking Decks (Ward 2): Contract Change Order No. 1 to Agreement No. 13 -141 with Angelus Waterproofing & Restoration ($32,866.00; revised not to exceed $237,871.00) for said project. 2. Appropriate $32,866 Facility Reserve Funds to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation. BACKGROUND: This project consists of recoating and sealing the rooftop parking deck on the Community Services building. After removal of the existing coating on the west and middle decks of the rooftop parking area, it was discovered that the underlying surface was not as smooth as anticipated. As such, additional epoxy slurry product and base coats must be applied to this area in order to provide for the smoothness needed for proper adhesion of the new waterproof coating. The contractor has agreed to accept a lump sum price of $32,866 as full compensation for the procurement and installation of this additional material. This is the first change order to be submitted for this project. This change order will increase the project total by $32,866.00 (which results in a 16% increase of the original contract amount) as illustrated below: • Original Contract Amount = $205,005.00 • Amended Contract Agreement after Change Orders = $237,871.00 Net Increase to date = $ 32,866.00 Staff recommends the appropriation of $32,866 of Facility Reserve Funds to cover costs for this change order. The Facility Reserve Fund are funds set aside for major renovations and repairs to City Facilities. As part of the midyear budget, staff will bring forward a proposal to replenish the Facility Reserve Fund for this cost with remaining prior year property tax administration fee refund. RM (Construction) December 3, 2013, 12:32PM G:\ GROUPDAT \ADMINRP112013 \12- 11 \CCO 1 Recoat Parking Deck Comm Dev Bldg.doc MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 60. CAM. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 22, 2013 CITY ATTORNEY CITY MANAGER �J SUBJECT: Extend Bid from Jim Burke Ford, Bakersfield, in the amount of $42,592.94 for two (2) additional full size extended cab '/2 ton pickups for use by the Police Department. RECOMMENDATION: Staff recommends extension of bid. BACKGROUND: Federal grant funds were appropriated at the Council meeting on May 9, 2012 for the development of a Citizen Volunteer Unit (CVU). Funds to purchase two (2) pickup trucks were designated in the grant budget awarded by the Department of Justice. On November 20, 2013, Council accepted the bid from Jim Burke Ford, Bakersfield for the purchase of seven (7) full size extended cab '/2 ton pickups. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Jim Burke Ford has indicated their approval of extending the unit cost of $19,802.53 for the pickups (total $21,296.47 including tax and tire fees) for this purchase. There is no General Fund impact associated with this purchase. Purchasing Division/kb SAPURCHWDMINWdmin 13 -14 \Full size extended cab pickups - bid extension, 13- 14 -29, December 11, 2013.doc November 22, 2013 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM:9, nn. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 22, 2013 CITY ATTORNEY CITY MANAGERS SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $1,047,252.29 for four (4) additional and forty two (42) replacement four door police special sedans for use by the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the purchase of police special sedans and police special administration sedans. Eight (8) bids were received in response to solicitation. The bid specifications requested pricing for police special sedans and pricing for police special sedans used by administrators. The administration vehicle option deletes spot lights and two tone paint as well as other minor changes which result in a slightly lower cost. See the attached spreadsheet. Funds are budgeted in the Equipment Management Fund for the purchase of four (4) additional police special sedans, twenty six (26) replacement police special sedans and nine (9) police special administration vehicles. This request also includes seven (7) replacement police special sedans that have been declared "total loss" by an outside appraiser due to accidents. Funding for the total loss vehicles is provided by Equipment Management Fund balance and Self Insurance Fund. Additional information regarding a history of each vehicle proposed for replacement is attached for review. Paso Robles Ford was the lowest responsive bidder; Jim Burke Ford, Bakersfield is the next lowest responsive bidder and is eligible for the 3% local preference Council Policy consideration. This policy has a $9,000 limit. After applying the 3% preference, Jim Burke Ford becomes the lowest bidder. The eight (8) bids received based on a total of 37 police special sedans and 9 police special administration sedans are as follows. 3% LOCAL PREFERENCE BIDDER AMOUNT ADJUSTED BID AMOUNT Paso Robles Ford, Paso Robles, CA $1,047,039.63 N/A Jim Burke Ford, Bakerdeld, CA $1,047,252.29 $1,038,252.29 Purchasing Division /kb SAPURCH\ADMINWdmin 13 -14 \Four Door Police Special Sedans, December 11, 2013.docx December 4, 2013 ADMINISTRATIVE REPORT Raceway Ford, Riverside, CA $1,050,761.35 N/A Haddad Dodge -Ram, Bakersfield, CA $1,142,827.50 N/A My Jeep Chrysler Dodge, Salinas, CA $1,164,703.75 N/A H. W. Hunter, Inc., Lancaster, CA $1,191,051.00 N/A McPeek's Dodge of Anaheim, Anaheim, CA $1,198,538.38 N/A Three Way Chevrolet, Bakersfield, CA $1,417,120.43 N/A Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 13 -14 \Four Door Police Special Sedans, December 11, 2013.docx December 4, 2013 O A W V (r 4A +n 10 9D M a v A W c a f s a 4A` 3� 3_ a, Q 99 12 IIr a O N Ito 10 Eauio. number Mileage Year and Model Condition 5130 112,507 2004 Ford C.V. High mileage. Powertrain needs repairs. Body and interior has mechanical and cosmetic defects. Vehicle taken out of service and sold at auction. 5141 114,023 2004 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5147 105,985 2004 Ford C.V. High mileage. Powertrain needs repairs. Body and interior has mechanical and cosmetic defects. Vehicle taken out of service and sold at auction. 5148 109,299 2005 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5161 113,210 2005 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5163 103,676 2005 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5169 105,455 2005 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5173 110,125 2005 Ford C.V. High mileage. Powertrain needs repairs. Body and interior has mechanical and cosmetic defects. Vehicle taken out service and sold at auction. 5181 113,187 2005 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5191 103,172 2006 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5192 113,383 2006 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5196 105,740 2006 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5197 110,723 2006 Ford C.V. High mileage. Powertrain needs repairs. Body and interior has mechanical and cosmetic defects. Vehicle taken out of service and sold at auction. 5198 100,926 2006 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5802 101,064 2003 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5806 104,093 2003 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5841 97,936 2006 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5219 117,747 2001 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5244 101,303 2002 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5221 105,545 2001 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5736 112,945 2001 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5142 103,890 2004 Ford C.V. High mileage. Body and interior have various mechanical and * Harley Davidson Motorcycles being replaced with Police Sedans cosmetic defects and needs some repairs. 5796 107,060 2003 Ford C.V. High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5131 78,267 2004 Ford C.V. Involved in accident and was declared a total loss. Vehicle taken out of service and sold at auction. 5554 1,447 2013 Ford Taurus Involved in accident and was declared a total loss. Vehicle taken out of service and sold at auction. 5846 94,935 2006 Ford C.V. Involved in accident and was declared a total loss. Vehicle taken out of service and sold at auction. 5888 88,314 2007 Ford C.V. Involved in accident and was declared a total loss. Vehicle taken out of service and sold at auction. 5845 85,614 2006 Ford C.V. Involved in accident and was declared a total loss. Vehicle taken out of service and sold at auction. 5917 61,519 2008 Ford C.V. Involved in accident and was declared a total loss. Vehicle taken out of service and sold at auction. 5184 98,191 2006 Ford C.V. Involved in accident and was declared a total loss. Vehicle taken out of service and sold at auction. * 5343 53,240 2007 H. D. Engine worn out. Motorcycle out of service. Being replaced by Police Sedan vehicle. * 5344 49,890 2007 H. D. High mileage. Body has various mechanical and cosmetic defects and needs some repairs. * 5345 55,029 2007 H. D. High Mileage. Engine worn out and needed major powertrain repairs. Being replaced by Police Sedan vehicle. Taken out of service and sold at auction. * 5346 58,667 2007 H. D. High mileage. Body has various mechanical and cosmetic defects and needs some repairs. * 5347 55,127 2007 H. D. High mileage. Body has various mechanical and cosmetic defects and needs some repairs. * 5351 50,517 2006 H. D. Involved in accident.High mileage. Motorcycle taken out of service and sold at auction. * 5395 52,643 2004 H. D. High mileage. Body has various mechanical and cosmetic defects and needs some repairs. * 5342 42,093 2008 H. D. Involved in accident. Motorcycle taken out of service and sold at auction. 5253 108,000 2002 Impala High mileage. Powertrain needs repairs. Body and Interior has mechanical and cosmetic defects. Vehicle taken out of service and sold at auction. 5232 103,020 2001 Impala High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5248 102,068 2002 Impala High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5246 111,675 2000 Ford Taurus High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. * Harley Davidson Motorcycles being replaced with Police Sedans A ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. 00 TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 19, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from SANplicity, Incorporated in the amount of $61,298.41 for two (2) additional Dell EqualLogic storage area network devices for the Information Technology Division. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were solicited for Dell storage area networks (SAN). Six (6) bids were received in response to the solicitation. These devices are budgeted items that are part of the annual increase in the City's storage capacity for documents, video, images, etc. This space is utilized by citizens for accessing public documents and by City staff and space requirements rise annually. These networks also provide redundant copies of backed up data which will provide maximum data security and lower the risk of downtime or data loss. Funds are budgeted in the Equipment Replacement Fund for the purchase of two (2) Dell EqualLogic storage area networks. The six (6) bids received are as follows: BIDDER SANplicity, Inc., Bakersfield, CA Smart Technology Solutions, San Diego, CA MRC360, San Diego, CA Aprisa Technology, LLC, Roslyn, NY Impex Technologies, Inc., El Segundo, CA ThinkCP Technologies, Irvine, CA AMOUNT $ 61,298.41 $ 92,770.29 $ 92,772.50 $121,582.46 $122,335.00 $123,635.75 The low bid received from SANplicity, Incorporated is considered acceptable by staff. Purchasing Division/kb SAPURCMADMINAdmin 13- 14\Dell EqualLogic PS6500E SAN, 13- 14 -37, December 11, 2013.docx `1,,11111111.1/ ,,r`iiii IIII] ' ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /V� DATE: November 20, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Applied LNG Technologies, LLC in the amount of $800,000 for the annual contract to supply liquid natural gas (LNG) fuel. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for an annual contract to supply LNG fuel. Two -(2) bids were received in response to the solicitation. The contract is renewable annually for four consecutive one -year periods at the City's option and upon mutually agreeable terms. Terms and conditions of the Invitation to Bid required the suppliers to quote a differential price per gallon for LNG fuel, which represents the suppliers' profit and overhead. Under the annual contract, fuel prices to the City will be based on a variable price (SoCal Border Index for Spot Gas) plus the Supplier's price differential. For bid purposes only, bidders provided their price differential to a theoretical SoCal Border index commodity price of $0.30 (the actual index price at the time of bidding) multiplied by the annual estimate of 750,000 gallons to determine the lowest bidder for the contract. The bids submitted based on the above calculation are listed below. During the contract period, prices will be determined by the actual index price at the time of delivery. Funds in the amount of $800,000 are budgeted in the Equipment Management Fund for this contract. Applied LNG Technologies, LLC $762,062.50 Westlake Village, CA Clean Energy Newport Beach, CA $840,918.75 $0.67 $0.743 Staff finds the bid submitted from Applied LNG Technologies, LLC, Westlake Village, California, to be acceptable and recommends approval of a contract in the amount of $800,000. Purchasing Division/kb SAPURMADMINWdmin 13 -14WC for the supply of LNG Fuel, 13- 14 -23, December 11, 2013.doc A ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: Q , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 19, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bids and approve contracts to IPC USA ($2,750,000) and SC Fuels ($1,250,000) for the annual contracts to supply gasoline and diesel fuels. Total bid amount is $4,000,000. (Citywide) RECOMMENDATION: Staff recommends acceptance of bids and approval of contracts. BACKGROUND: Bids were solicited for an annual contract to supply gasoline and diesel fuels. Six (6) bids were received in response to the solicitation. A bid received from Mansfield Oil Company of Gainesville, Incorporated failed to acknowledge receipt of all addenda as required by the bid specifications. Staff requests their bid be declared non - responsive as indicated on attached spreadsheet. The contracts are renewable annually for four consecutive one -year periods at the City's option and upon mutually agreeable terms. Terms and conditions of the Invitation to Bid required the suppliers to quote a differential price per gallon for fuel, which represents the suppliers' profit and overhead. Under the annual contract, fuel prices to the City will be based on a variable price (Oil Price Information Service - OPIS) tied to a published index (Petroleum Administration Defense District 5 (PADD) Bakersfield Rack) daily average of branded and unbranded fuel plus the Supplier's positive or negative price differential. Bidding in this way enabled staff to determine the lowest bidder based on the differential quoted as all of the suppliers' fuel costs have a common base, that of OPIS pricing. Funds are budgeted in the Equipment Management Fund for the majority of this contract. The contract awards totaling $4 million are based on the annual budget estimate. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split as follows: BIDDER AMOUNT ITEMS GROUP IPC USA, $2,750,000 Truck/Trailer (Large Quantity) Irvine, CA Diesel and Gasoline SC Fuels $1,250,000 Bobtail (Small Quantity) Long Beach, CA Diesel and Gasoline The lowest bid for the large quantity deliveries is from IPC USA. Purchasing Division/kb SAPURMADMINWdmin 13 -14AC for Fuel, 13- 14 -36, December 11, 2013.doc A i ADMINISTRATIVE REPORT The lowest bid for the small quantity deliveries is from SC Fuels. A spreadsheet showing the differential pricing for the six bidders including the non - responsive bid is attached. Purchasing Division /kb SAPURCHWDMINWdmin 13 -14WC for Fuel, 13- 14 -36, December 11, 2013.doc MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 20, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bid and approve contract to Cen -Cal Construction (not to exceed $189,437.50) for canal liner repair. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited for a contract for Canal Liner Repair. This contract will be utilized by the Water Resources Department. Three (3) bids were received in response to solicitation. This contract is for services on an on -call as- needed basis. The bids submitted are based on an estimated quantity of work multiplied by the Contractor's unit price. Funds are budgeted in the Water Resources Department Enterprise Fund for this maintenance. The contract was bid at non- prevailing wage rates and will expire on December 31, 2014. The three (3) bids received are as follows: p111114 .... • Cen -Cal Construction $189,437.50 Bakersfield, CA Jim Alfter Cement $190,577.50 Bakersfield, CA Griffith Company $240,550.00 Bakersfield, CA Staff finds the bid from Cen -Cal Construction, Bakersfield, to be acceptable and recommends approval of the contract in the amount of $189,437.50. Purchasing Division/kb SAPURCHWDMIMAdmin 13 -14 \Contract for Canal Liner Repair, 13- 14 -31, December 11, 2013.docx BA OF w •+ n ADMINISTRATIVE REPORT LIF MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: gs TO: Honorable Mayor and City Council P VE FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 22, 2013 CITY ATTORNEY - - -/--A - 4 46tt CITY MANAGER SUBJECT: Accept bid and approve contract to Michels Corporation dba Michels Pipeline Construction ($1,563,571.00) for the Sewer Rehabilitation, "P" Street Trunk Sewer. (Wards 1 & 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract BACKGROUND: In 2007, the City retained Harris & Associates to analyze the Southeast Bakersfield sewers and identify sewer lines in need of replacement. The "P" Street sewer line was included in this study. Staff concurs with the consultant's recommendation that this sewer line is in need of rehabilitation. The "P" Street sewer line project, constructed in 1954, is a reinforced concrete pipe. The reinforced concrete has deteriorated at several sites. This project includes rehabilitation of the sewer line using Cured -In -Place Pipe (CIPP) liner, spot replacement of the RCP pipe, and rehabilitation of existing sewer manholes. Project limits are not limited to only "P" Street as summarized below: • Chester Avenue from Brundage Lane to 1 st Street; • 1 It Street from Chester Avenue to N Street; • N Street from 1 It Street to 31d Street; • 3rd Street from N Street to P Street; • P Street from 3rd Street to California Avenue; • Q Street from California Avenue to 13th Street. This project is anticipated to begin in early March 2014 with and estimated date of completion in late June 2014. Although there will be no permanent road closures, the City anticipates lane closures to accommodate a safe work zone and to allow the operation of the sewer bypass pumping. There will be no significant impacts to surrounding businesses. This project is exempt from prevailing wage requirements. The Engineer's Estimate was $2,660,000. On November 14, 2013, a total of four bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Michels Pipeline Construction 1715 16th Street, SE Salem, OR 97302 in the amount of $1,563,571.00 PW /Design Engineering/BM/E 1 K205 GAGR0UPDAT \ADMINRPT \2013 \12 -1 1 \P Street Trunk Sewer Rehabilitation - revised.doc November 21, 2013 ADMINISTRATIVE REPORT Insituform Technologies, LLC 17988 Edison Avenue Chesterfield, MO 63005 Repipe California, LP 12771 Brown Avenue Riverside, CA 92509 SAK Construction, LLC 864 Hoff Road O' Fallon, MO 63366 in the amount of $1,689,890.60 in the amount of $1,748,817.24 in the amount of $1,940,775.00 Since this type of project is considered a specialty construction only a limited number of firms have the expertise to complete a project of this complexity. There are no local firms who can do this type of work; therefore, most of the firms who bid on this project are either out of town or out of state. Sufficient funds are budgeted for award of this contract. Sewer Enterprise Funds provide the funding source for this project. Therefore, there is no General Fund impact associated with this project. PW /Design Engineering /BM /E 1 K205 G: \GROUPDAT \ADMINRPT \2013 \12 -1 1 \P Street Trunk Sewer Rehabilitation - revised.doc November 21, 2013 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: ?.++. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA DATE: December 4, 2013 CITY ATTORNEY:71k_ .l i CITY MANAGER & SUBJECT: Accept base bid plus additive alternate 1 and approve contract to MPI Prime Construction, Incorporated ($74,000) for bathroom reconstruction at Fire Station No. 1. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for restroom facility reconstruction at Fire Station No. 1. This project was bid as a non - prevailing wage project. Four (4) bids were received in response to the solicitation. The restroom facilities at Fire Station No. 1 are over 30 years old and in need of repair. Cabinets, ceiling and walls are showing water damage and tiles are broken, cracked or missing. The facility is utilized 24 hours a day by 8-10 firefighter personnel. The base bid includes removal and replacement of the ceiling, wall board, plumbing, fixtures and surfaces in the Firefighters' main restroom facility; additive alternate 1 includes removal and replacement of the ceiling, wall board, plumbing, fixtures and surfaces in the Officers' and public restroom facility. The four (4) bids received are as follows. Award is based on Base Bid Amount. Bidder Base Bid AddNtve Alt 1 191W MPI Prime Construction, Inc., Visalia, CA $59,000 $15,000 $ 74,000 Omega Construction, Bakersfield, CA $78,000 $36,000 $114,000 JTS Construction, Bakersfield, CA $79,515 $31,245 $110,760 Don Kinzel Construction, Inc., Bakersfield, CA $86,240 $33,220 $119,460 Funds are budgeted in the Capital Outlay Fund for this project. Staff finds the bid submitted by MPI Prime Construction, Incorporated, to be acceptable and recommends approval of the contract for the base bid plus additive alternate no. 1 in the amount of $74,000. Purchasing Division/kb SAPURCHADMINWdmin 13- 14\13athroom Reconstruction at Fire Sta #1, 13- 14 -35, December 11 2013.docx ADMINISTRATIVE REPORT c r IF MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover- Recreation and Parks Director DEPARTMENT HEAD DL-4 DATE: November 14, 2013 CITY ATTORNEY A-T- CITY MANAGER SUBJECT: Accept base bid and award contract to Brown and Fowler Construction, Inc. ($414,640.00) for Wilderness Park and Challenger Park Playground Rehabilitatior projects (Ward 6 and 7, respectively). RECOMMENDATION: Staff recommends acceptance of bid and award of contract BACKGROUND: These projects include the removal and replacement of the existing outdated playground equipment at Wilderness Park located at 5720 Wilderness Dr. and Challenger Park located at 5700 Akers Rd. The Base Bid includes the removal of existing playground equipment and sand, furnishing and installing new playground equipment, sand and ADA rubberized surfacing, including the foundations and all other necessary improvements to complete the play structures in the playgrounds. The rubberized surfacing material will allow for unrestricted access for all users, including handicap accessibility, to all features of the new playground equipment. In addition, the rubberized surfacing material will be safer and more efficient to maintain than sand. The engineer's estimate for this project was $431,000 for the Base Bid. On October 29, 2013, the City of Bakersfield held the public opening of the bids for the playground equipment and installation at Wilderness and Challenger Parks. On November 1, 2013, while staff was still reviewing the sufficiency of the apparent low bid received from Great Western Installation, a Bid Protest was received from Brown and Fowler Construction Inc., the apparent second low bidder, which is attached as exhibit "A" and incorporated herein by reference. Staff conducted a thorough review of the apparent low bid and as a result finds the apparent low bidder is non - responsive based on the following: Marrs Playground Installation, the subcontractor listed in Great Western's bid for demolition of existing equipment, does not possess a California Contractor's License for demolition as required in the City's bid. Marrs Playground Installation is not a certified playground inspector with the National Recreation and Park Association as required in the City's bid. Subcontract GT Impax does not have a California State Contractor's License for ADA surfacing under that name, and the Contractor's Licence number provided to the City is for a different name. As a result, staff fully reviewed the second lowest bidder and is recommending award to Brown and Fowler Construction, Inc. as they met all guidelines and specifications as outlined in the bid packet. November 22, 2013, 11:25AM S:\ADMINISTRATION DIVISION\Admin Rpts\2013 Admins \Challenger Wilderness Rehab Admin.docx ADMINISTRATIVE REPORT On October 29, 2013, eight bids were received; seven of those bids are acceptable. Those bids are as follows: Brown and Fowler Construction, Inc. 3008 Antonio Avenue Bakersfield, Ca 93308 Base Bid in the amount of Piper & DeVries Inc., dba Omega Construction 16500 Barton Lane Bakersfield, Ca 93314 Base Bid in the amount of Gospich Construction Co. 9530 Hageman B -344 Bakersfield, Ca 93312 Base Bid in the amount of James E. Thompson, Inc., dba JTS Construction P.O. Box 41765 Bakersfield, Ca 933384 Base Bid in the amount of Malibu Pacific Tennis Courts, Inc. 31133 Via Colinas # 107 Westlake Village, Ca 91362 Hobbs Construction Inc. 12357 N. Friant Rd Fresno, Ca 93730 Pickard & Butters Construction, Inc. 7070 Morro Road Ste C Atascadero, Ca 93422 The rejected bid was received as follows: Great Western Installations P.O. Box 97 Wellsville, Ut 84339 Base Bid in the amount of Base Bid in the amount of Base Bid in the amount of Base Bid in the amount of $414,640.00 $417,000.00 $450,000.00 $469,400.00 $569,000.00 $592,120.00 $615,543.00 $387,198.43 The Challenger and Wilderness Parks Playground Rehabilitation project is funded from the Capital Outlay Fund. TJ November 22, 2013, 11:25AM S:\ADMINISTRATION DIVISION\Admin Rpts\2013 Admins \Challenger Wilderness Rehab Admin.docx CG BAI< QL N�,pgPOR�tfpRs V � O ADMINISTRATIVE REPORT IFT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation & Parks DATE: November 15, 2013 APPROVED DEPARTMENT HEAD 0 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $52,257 from First Five Kern grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide a water safety education program (Make -A- Splash). RECOMMENDATION: Staff recommends appropriation. BACKGROUND: On July 1, 2010, the Recreation and Parks Department was awarded a three year, $175,000 grant from First 5 Kern to provide a lifesaving and water safety educational program (Make -A- Splash) for parents and their children, prenatal to age 5. The program focuses on reducing the rate of childhood drowning in Bakersfield. On July 1, 2013, First Five Kern extended the grant for an additional year with additional funding of $52,257. Staff recommends appropriating $52,257 to fund the additional award period. iln November 15, 2013, 8:29AM S: \ADMINISTRATION DIVISION \Admin Rpts \2013 Admins \Make A Splash FY 2014.docx BAKE[[� OF LOFPOR, `rs ADMINISTRATIVE REPORT IFO MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 2-WW. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks November 15, 2013 APPROVED DEPARTMENT HEAD 0 L14 CITY ATTORNEY CITY MANAGER _& Appropriate $6,000 contribution from Bright House Networks made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Movies in the Park series. (all wards) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Bright House Networks (BHN) sponsored the Movies in the Park series that was held during the 2013 summer. The sponsorship of $6,000 was made payable to the Bakersfield Foundation, and request is made to appropriate the sponsorship to the City's Recreation and Parks Department's Operating Budget. Through a Title Sponsorship Agreement between the City and BHN, the City used the $6,000 to schedule eight (8) family movies, supply necessary equipment, provide popcorn and snow cones, and secure staff as needed. The movies were shown June - August 2013 throughout all City Council wards in the City. iln November 15, 2013, 8:31AM:jln S:\ADMINISTRATION DIVISION\Admin Rpts\2013 Admins \Movies in the Park - SJCH.doc A ADMINISTRATIVE REPORT �1 „IL MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 2?. X X. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director November 25, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Quitclaim to terminate temporary construction easements for Fairfax Interchange and Phase 1 & 2 of the Westside Parkway. (TRIP) (Wards 3, 4, & 5) RECOMMENDATION: Staff recommends approval of quitclaim deeds. BACKGROUND: As part of the construction of the various TRIP projects it is necessary to acquire temporary construction easements to allow the contractor sufficient room to work. At the completion of the work the City and /or contractor records a Notice of Completion. The temporary construction easements are written to terminate upon the recordation of the Notice of Completion. However, sometimes the Notice of Completion does not provide sufficient information for the title companies to index them into their records. So the City is recording quitclaim deeds that clearly describe which properties the temporary construction easements are being terminated on. November 25, 2013, 2:14PM P: \MyFiles \Admin Reports \TCE QC.doc DMA /s ADMINISTRATIVE REPORT MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD 7jW1dr DATE: December 3, 2013 CITY ATTORNEY CITY MANAGER 5 SUBJECT: Department of Housing & Urban Development (HUD) Action Plan Amendments: 1. FYI 2/13 Action Plan Amendment 6, and FY 13/14 Action Plan Amendment 2, reprogramming $800,000 of Community Development Block Grant (CDBG) Funds (Wards 1 and 2). 2. Appropriate $250,475.44 CDBG Contingency funds to Capital Improvement Projects within the CDBG Fund. RECOMMENDATION: Staff recommends approval of the amendments. BACKGROUND: The City receives funding annually from HUD as an entitlement community through the City's Action Plan, which describes all HUD - funded City projects and sets aside funding for Section 108 loan payments for a particular fiscal year. The process by which significant changes are made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is recommending Substantial Amendments to the City's FY12 /13 and FY13 /14 Action Plans. HUD requires entitlement communities to expend CDBG funds in a timely manner. Therefore, in order to comply with HUD's CDBG timeliness standard, staff periodically reviews the CDBG program for project savings, program income, unexpended funds, and stalled projects where funds can be reprogrammed for new projects. At this time, staff has identified $800,000 in available funds that must be reprogrammed to new shovel -ready projects. The following table describes the sources of funds being transferred: C:\ Users\ Cgutierr\Appdata \Local\Microsoft \Windows \Temporary Internet Files\ Content.Outlook \BKNQMIWU\Action Plan Amendments 12 11 13 V2.Docx 12/2/2013 4:29 PM rab ADMINISTRATIVE REPORT Page 2 Fiscal Program Original Plan Expended Project Funds Being year Amount Funds Status Reallocated 10/11 South Mill Creek Park and Parking Project - The creation of a small pocket park and parking to be $350,000 $146,833.76 Complete $203,166.24 located at 1231 R Street and 700 California Avenue. 11/12 Oleander Area Curb, Gutter, Sidewalk and Reconstruction - Install curb, gutter and sidewalk prior to reconstructing and paving streets in $500,000 $464,221.69 Complete $35,778.31 an area generally bounded by California Ave., 'H' St, Bank Street, and Oleander Ave 12/13 Arts Alive Streetscape Improvements - Streetscape improvements to assist in economic development in the $310,580 $0 Ineligible/ $310,580.00 Downtown Bakersfield Arts Alive Cancelled District, generally bounded by 21 st St., Chester Ave., 17th St., and F St. 13/14 Unprogrammed Funds (Contingency) $338,419 $0 N/A $250,475.45 TOTAL FUNDS REALLOCATED 00,000.00 Of the above - mentioned projects, the South Mill Creek Park and Parking Project and the Oleander Area Curb, Gutter, Sidewalk and Reconstruction Project were completed in the current fiscal year with project savings that can be reallocated to shovel -ready projects. Due to a change in HUD regulations, the Arts Alive Streetscape Improvements Project (Ward 2) is no longer eligible for funding; thus staff is recommending to reallocate all funds associated with Arts Alive Streetscape to the existing East Truxtun Curb, Gutter, Sidewalk and Reconstruction project, also in Ward 2. Additionally, funding is available within the CDBG Unprogrammed (or contingency) Funds line item, which represents cumulative project savings and program income (income generated from previous CDBG projects) from the prior fiscal year. Staff is proposing to reallocate $250,475.45 of the $338,419 available in the Unprogrammed Funds line item for shovel -ready projects. The City of Bakersfield Public Works Department identified two shovel -ready street and /or pedestrian infrastructure projects that exhibit a high level of need, to which the above - referenced funds can be transferred in order to meet HUD's CDBG timeliness standard. These improvements include pedestrian improvements in the vicinity of Pauly and Bessie Owens elementary schools, and a residential curb, gutter, and sidewalk improvements project in the vicinity of Union Avenue and Brundage Lane. C:\ Users \cgutierr\AppData \Local\Microsoft \Windows \Temporary Internet Files\ Content.Outlook \BKNQMIWU\Action Plan Amendments 12 11 13 v2.docx 12/3/2013 9:51 AM rab ADMINISTRATIVE REPORT Page 3 The following table describes projects that will be created or increased as part of these Action Plan Amendments. Fiscal Program Original Plan Action New Plan Year Amount Amount 13/14 Southeast Area Schools Pedestrian Improvements Project (Ward 1) - installation or reconstruction of sidewalks and associated infrastructure improvements in the p $0 Create $280,000* vicinity of Pauly Elementary School ( +$280,000) (313 Planz Rd) and Bessie Owens Elementary School (815 Potomac Ave). 13/14 Union and Brundage Area Curb, Gutter, Sidewalk and Reconstruction Project (Ward 1) - Install curb, gutter and sidewalk prior to reconstructing $0 Create ( +$212,000) $212,000 ** and paving streets in an area generally bounded by Union Ave., Brundage Ln, P St., and 4th St. 13/14 East Truxtun Area Curb, Gutter, Sidewalk and Reconstruction Project (Ward 2) - Install curb, gutter and sidewalk prior to reconstructing and $225,000 Increase ( +$308,000) $533,000 * ** paving streets in an area generally bounded by E. Truxtun Ave., Baker St., E. California Ave., and Williams St. TOTAL FUNDS REALLOCATED $800,000 *Includes up to $55,000 for Direct Project Delivery * *Includes up to $53,000 for Direct Project Delivery ** *Includes up to $83,000 for Direct Project Delivery In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a 30 -day Public Notice for the aforementioned amendments to solicit public input was published on November 11, 2013. No comments have been received to date. C:\ Users \cgutierr\AppData \Local\Microsoft \Windows \Temporary Internet Files\ Content.Outlook \BKNQMIWU\Action Plan Amendments 12 11 13 v2.docx 12/3/2013 9:51 AM rab BAK O� �wRFOQ4 SRS ADMINISTRATIVE REPORT RT LIFO MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: Q. 77., TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 26, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Audit Reports to be Referred to Budget and Finance Committee: 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2013. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2013. 3. Single Audit Report — Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2013. 4. Independent Auditors Report — Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2013. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2013. 6. Independent Auditors Report — Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2013. RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee. BACKGROUND: The City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the Annual Audit Report, for the fiscal year ended June 30, 2013 has been provided to the City Council as part of the packet for this meeting. A copy of the report will also be on file in the City Clerk's office for public review. The CAFR represents the City's financial statements as of June 30, 2013, which are audited by the accounting firm of Brown Armstrong Accountancy Corporation. The current year audit opinion issued by the outside auditors indicates that the City complied, in all material respects, with accounting principals generally accepted in the United States of America. 2. The Agreed Upon Conditions Report is designed to increase efficiency, internal controls and /or financial reporting and includes any reportable conditions noted during the Audit. A summary of reported conditions are included in the report. The report also addresses conditions identified in the prior year which have all been resolved to the auditors' satisfaction. SAAdminAdmm Reports12013 CAFR refer to bud.docx November 26, 2013, 9:54AM BAK ° ADMINISTRATIVE REPORT gLIFO 3. Attached is the City's Single Audit Report for the fiscal year ended June 30, 2013. The Single Audit Report pertains to federal program monies expended by the City during the specified fiscal year. An Independent Audit is performed annually to review internal control procedures and compliance with federal guidelines in accordance with Office of Management & Budget (OMB) Circular A -133. This annual audit was performed by Brown Armstrong Accountancy Corporation as part of their contract to provide auditing services to the City of Bakersfield. The current compliance report issued by the outside auditors indicates that the City complied, in all material respects, with federal program guidelines. 4. Contract requirements contained in City of Bakersfield Agreement 76 -153 as amended by Agreements 76- 153(5), 76- 153(4), 77 -44, 85 -197 and 92 -106 apply to operations of the Bakersfield Sub - regional Wastewater management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, is attached for your review and indicates that there were no audit findings. 5. Attached is a letter from the City's independent auditors Brown Armstrong Accountancy Corporation indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. 6. Attached is the independent audit report for the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal year ended June 30, 2013. This audit report presents the financial statements for this operational unit as of June 30, 2013. The management company (formerly SMG, currently AEG) is required to submit an independent audit report to the City after the end of each fiscal year. This audit report was prepared by the accounting firm of Barbich, Longcrier, Hooper & King. S.\Admin\Admin Reports\2013 CAFR refer to bud.dou November 26, 2013, 9:54AM BA �,CPPMR,T�'`S� ADMINISTRATIVE REPORT RY '.� LIFO MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Recreation and Parks Director November 15, 2013 APPROVED DEPARTMENT HEAD O L CITY ATTORNEY CITY MANAGER /5 Fiscal Year 2012 -2013 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2012 -2013 Annual Compliance Report for Park Impact Fees (Report will be made available at the Recreation and Parks Department). BACKGROUND: Attached is the City of Bakersfield's Annual Compliance Report for Park Impact Fees for the fiscal year ended June 30, 2013 prepared in compliance with California Government Code Section 66006. On November 7, 1990, City Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. On April 19, 1995, City Council established an orderly process for the dedication, reservation and acquisition of park land within the City of Bakersfield for the purpose of supplying public parks and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in -lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 2014 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no City Council action is required at today's meeting other than to make the information available to the public. jln SA ADMINISTRATION DIVISIONWdmin Rpts\2013 Admins\AB 1600 - make available.doe BA ADMINISTRATIVE REPORT IF MEETING DATE: December 11, 2013 AGEND„r4 (SDE�CTION: Consent Calendar ITEM: Q TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 20, 2013 APP OVE DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Fiscal Year 2012 -2013 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006 (Wards 1, 3, 4, 5, 7, and County). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2012 -2013 Annual Compliance Report for Planned Drainage Area Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees for the fiscal year ended June 30, 2013 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 8, 2014 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. Supplemental Information - Since improvements for the Riverlakes PDA are complete, fees are no longer assessed. A balance of $141,409.84 remains in trust for this PDA. Now that development is substantially complete, staff is evaluating the PDA for necessary modifications and /or improvements to facilities within this particular PDA. Proposed improvements will be included in the Five -Year Capital Improvement Program Budget. Uncommitted funds will be remitted to current property owners in accordance with Government Code Section 66483.1. ps G: \GROUPDAT \ADMINRPT \2013 \12 -11 \PDA annual compliance report admin.doc Q�Y atroe�rto ADMINISTRATIVE REPORT C parr L1F0 MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: C TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 19, 2012 APPROVED DEPARTMENT HEAD dk� CITY ATTORNEY CITY MANAGER Fiscal Year 2012 -2013 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006 (All Wards). RECOMMENDATION: Staff recommends making available to the public the Fiscal Year 2012 -2013 Annual Compliance Report for Planned Sewer Area Fees (report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for the fiscal year ended June 30, 2013 prepared in accordance with California Government Code § 66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 8, 2014 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps GAGR0UPDAT \ADMINRPT \2013 \12 -1 1 \PSA annual compliance report admin.doc BA E ,pVOI, C ADMINISTRATIVE REPORT LIF MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: , d TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD /IT DATE: November 13, 2013 CITY ATTORNEY p CITY MANAGER / SUBJECT: Fiscal Year 2012 -2013 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees prepared in accordance with California Government Code §66006 (Wards 3 and 6). RECOMMENDATION: Staff recommends making available to the public the Fiscal Year 2012 -2013 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees (report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Bridge Crossings and Major Thoroughfare Fees for the fiscal year ended June 30, 2013 prepared in accordance with California Government Code §66006. A local ordinance may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares (GC §66484). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 8, 2014 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps GAGR0UPDAT \ADMINRPT \2013 \12 -1 1 \MBTA annual compliance report admin.doc A„ ADMINISTRATIVE REPORT ,'wK,yv IF MEETING DATE: December 11, 2013 AGENDA SECTION: Consent Calendar ITEM: ? , e GG TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 25, 2013 APPROVED DEPARTMENT HEAD T h' CITY ATTORNEY CITY MANAGER & Fiscal Year 2012 -2013 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006 (All wards). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2012 -2013 Annual Compliance Report for Transportation Impact Fees (report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees for the fiscal year ended June 30, 2013 prepared in accordance with California Government Code §66006. In April 1992, Council adopted a transportation impact fee program to fund improvements to the Metropolitan Bakersfield transportation system necessary to accommodate future growth. In January 1997, Council adopted Phase II of this program, which was designed to fund more projects and eliminate the need for developers to provide transportation impact studies for most projects. In September 2003, Council adopted Phase III of this program with the intent of updating the program and encouraging in -fill development by creating a Core and Non -Core area within the Metropolitan Bakersfield General Plan limits including individual fee structures for the respective areas. In July 2009, Council approved Phase IV of this program which adopted a regional program and projects development through 2035. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 8, 2014 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G: \GR0UPDAT \ADMINRPT \2013 \12 -1 l \TIF annual compliance report admin.doc M A4 ADMINISTRATIVE REPORT c ,L♦ IF MEETING DATE: December 11, 2013 AGENDA SECTION: Successor Agency ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD --,, DATE: November 25, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file successor agency payments from November 7, 2013 to November 25, 2013 in the amount of $35,000.00 RECOMMENDATION: Staff recommends report be received and filed BACKGROUND: SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2014\ADMIN—SA 10- 16- 13.doc A ADMINISTRATIVE REPORT 10 MEETING DATE: December 11, 2013 AGENDA SECTION: Hearings ITEM: 10.0. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 18, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering the summary vacation of a portion of public utility easements as created on Tract Map 6223 (northeast corner of South Allen Road and White Lane). A finding that the project is exempt from the California Environmental Quality Act will also be considered. (Ward 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Castle & Cooke California, Inc. has submitted a request to vacate a portion of the public utilities easement (PUE) as created on Tract Map 6223. The PUE's are located along Landscape Lots B, E, and F, in Units 2, 4, 5, and 6. The utilities designated for these areas were placed in another portion of the PUE. This request is eligible for summary vacation per Section 8330 of the Streets and Highways Code which authorizes the City Council to summarily vacate a street or highway that has been superseded by relocation. Preliminary notices were mailed to all adjacent property owners within a 300 -foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The 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 no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. Public Works has received no objection as of the date of this report. The proposed vacation was approved by the Planning Department on November 22 , 2013 per local ordinance and was found 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 mm November 18, 2013, 8:24 am GAGR0UPDAT \ADMINRPT \2013 \12- 11 \T6223 PUE Vacation ADMINISTRATIVE REPORT 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 November 18, 2013, 8:24 am G: \GROUPDAT \ADMINRPT \2013 \12- 11 \T6223 PUE Vacation BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 20, 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. ACTION TAKEN 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Sullivan, Johnson (seated at 3:35 p.m.) Absent: Mayor Hall, Councilmember Hanson 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957 (b) (1) /54957.6. b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Councllmember Johnson to adjourn to APPROVED Closed Session at 3 :36 p.m. AS HALL, HANSON Motion by Councllmember Maxwell to adjourn from APPROVED Closed Session at 5:25 p.m. AS HALL, HANSON 4. CLOSED SESSION ACTION a. Public Employee Performance Evaluation - City STAFF WAS GIVEN Attorney; Closed Session pursuant to DIRECTION Government Code Section 54957 (b) (1)/54957.6. Vice -Mayor Weir announced that the City Attorney was given a very positive evaluation and direction was given to make the required adjustments to her contract. Bakersfield, California, November 20, 2013 - Page 2 4. CLOSED SESSION ACTION continued ACTION TAKEN b. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code Section 54957.6. DIRECTION 5. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:28 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield REGULAR MEETING -5:29 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Sullivan, Johnson Absent: Councilmember Hanson 2. INVOCATION by Pastor David Stabenfeldt, First Congregational Church. 3. PLEDGE OF ALLEGIANCE by Nathan Audilett, 1 S' grade student of Colonel Nichols Elementary School. Mayor Hall acknowledged the students from the Bakersfield College Political Science class and the Ridgeview High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS None. Bakersfield, California, November 20, 2013 — Page 3 5. PUBLIC STATEMENTS ACTION TAKEN a. The following individuals spoke in support of the Bicycle Transportation Plan: Ahron Hakimi, Executive Director of Kern Council of Governments; Andrae Gonzales, Bakersfield City School District Board of Education Member; Jason Cater, Executive Director for Bike Bakersfield; David Davis; and Ray Mullen. Councilmember Maxwell asked KernCog to assist with a bicycle safety video, and Mr. Hakimi responded that he would be glad to coordinate with staff on that effort. b. Pierce and Raquel, representing Tae Ryong Taekwondo, spoke regarding "Kicking for the Community ", an event scheduled for Saturday, November 23rd, at Riverlakes Ranch Community Center, which is a fundraiser to help families with special needs children, and they invited everyone to attend and support the effort. C. Robert Braley spoke regarding the Centennial Corridor Project and the other four projects being considered, and stated he feels that the Centennial project should be separated from the others and put before the taxpayers to vote on whether they want to spend the money needed to build this project (submitted written material). 6. WORKSHOPS a. Resolution approving the City Bicycle RES 144 -13 Transportation Plan (BT Plan), including a finding that the project is exempt from CEQA. Assistant City Clerk Drimakis announced that correspondence was received regarding this item and has been provided as a supplemental memorandum. Community Development Director Mclsaac made staff comments, recommended adoption of the Resolution, and introduced John Lieswyn, with Alta Planning and Design, who provided a PowerPoint presentation. 6. 7. Bakersfield, California, November 20, 2013 - Page 4 WORKSHOPS continued Item 6.a. continued b. Presentation regarding Bike Lanes and Markings. Public Works Director Rojas made staff comments and provided a PowerPoint presentation. Community Development Director Mclsaac recommended adoption of the Resolution approving the Plan. Councilmember Smith thanked staff, especially Associate Planner Kate Shea, and expressed his appreciation for the community input, with putting together the Plan. Motion by Councilmember Smith to adopt the Resolution approving the City Bicycle Transportation Plan. REPORTS a. Thomas Roads Improvement Program: (TRIP) 1. TRIP Update. 2. Amendment No. 2 to Agreement No. 11-100 with Parsons Transportation Group, Inc. ($144,000; revised not to exceed $40,709,819. Amendment 88.53% federally funded - $127,483; and 11.47% locally funded - $16,517), for additional professional services for environmental clearance and studies for the Centennial Corridor (State Route -58 Connector) Project. Assistant City Clerk Drimakis announced that additional information was received and has been provided as a supplemental memorandum. Public Works Director Rojas made staff comments, provided a PowerPoint presentation, and recommended acceptance of the report and approval of the amendment. ACTION TAKEN APPROVED ABS WEIR AB HANSON AGR 11- 100(2) 7 8. 9. Bakersfield, California, November 20, 2013 — Page 5 REPORTS continued ACTION TAKEN Item 7.a. continued Councilmember Maxwell asked staff to provide Information regarding the three lanes on the portion of Truxtun Extension between the train trestle and Empire Drive as to what the minimum distance Is In that area and how long It stays under the 90 -foot measure. Councilmember Maxwell advised he would agree with numbers 2 and 3, but he would not be in agreement with spending the money at this time on numbers 1 and 4. Motion by Vice -Mayor Weir to approve staff's APPROVED recommendation on Item 7.a. NOES MAXWELL AB HANSON APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 6, 2013, Regular City Council Meeting. Payments: b. Receive and file department payments from October 25, 2013, to November 6, 2013, in the amount of $8,455,711.46, and self- insurance payments from October 25, 2013, to November 6, 2013, in the amount of $78,653.90, totaling $8,534,365.36. Ordinances: C. Adoption of the following Ordinances amending various sections of the Municipal Code: (FR 11/06/13) 1. Amending Section 2.04.100 relating to ORD 4741 Public Statements at City Council Meetings. 2. Amending Section 2.62.030 relating to ORD 4742 Term of Office of Keep Bakersfield Beautiful Members. 9. Bakersfield, California, November 20, 2013 — Page 6 CONSENT CALENDAR continued ACTION TAKEN Item 9.c. continued 3. Amending Section 3.40.040 relating to ORD 4743 Reports and Remittances for Transient Lodging Tax. 4. Amending Chapter 3.40 by adding ORD 4744 Section 3.40.140 relating to Disclosure of Confidential Information. 5. Amending Section 5.02.010, subsection E, ORD 4745 relating to Business License Tax Definitions. 6. Adding Chapter 10.66 relating to Access ORD 4746 to Freeways, Expressways or Designated Portions thereof. 7. Amending Section 12.16.140 relating to ORD 4747 Security Requirements for Construction Work in Streets. 8. Amending Section 12.56.020, ORD 4748 subsection E, relating to Community Parks. 9. Amending Section 13.12.030, ORD 4749 subsection B, relating to Development Improvement Standards and Specifications. 10. Amending Chapter 14.04, ORD 4750 Sections 14.04.011 and 14.04.240, subsection A, relating to Water Service Areas and Installation of Water Service Connections. 11. Amending Chapter 15.79 relating to ORD 4751 Density Bonuses. 12. Amending Section 16.32.060, ORD 4752 subsection D, relating to Payment of Fees for Planned Drainage Facilities. 13. Amending Section 17.08.125 relating to ORD 4753 Street Setback Exceptions. 14. Amending Sections 17.58.110, ORD 4754 subsection E, and 17.58.210 relating to Parking Space Requirements. Bakersfield, California, November 20, 2013 - Page 7 9. CONSENT CALENDAR continued d. Adoption of Ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.1 1, 15.13, 15.15, 15.17 and 15.19 of the Municipal Code relating to the Building and Construction codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code and California Green Building Code, 2013 editions. (FR 11/06/13) e. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to R -3 (Multiple Family Dwelling) on 5.89 acres located along the north side of Taft Highway approximately 900 feet west of Wible Road. (ZC# 13 -0125 - Smith Tech USA). (FR 10/16/13) f. Adoption 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) on approximately 80 acres located at the southeast corner of Stockdale Highway and Heath Road. (ZC# 13 -0127 - Bolthouse Properties, LLC). (FR 10116113) g. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing various zone districts to OS (Open Space) and RE (Recreation) as shown on attached maps. (ZC# 13- 0234). (FR 10/16/13) h. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One - Family Dwelling) to P.U.D. (Planned Unit Development) on 6.25 acres located at 6901 Ming Avenue. A categorical exemption applies to this project. (ZC # -13 -0260 - In -Shape Health Clubs, LLC, representing Bakersfield Ming, LLC). (FR 11/06/13) ACTION TAKEN ORD 4755 ORD 4756 ORD 4757 ORD 4758 ORD 4759 Bakersfield, California, November 20, 2013 — Page 8 9. CONSENT CALENDAR continued Resolutions: Change to Salary Schedule, New Job Specification and Additional Position: 1. Amendment No. 2 to Resolution No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Senior Animal Control Officer. 2. Amendment No. 2 to Resolution No. 080 -13 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Animal Control Supervisor. 3. New Job Specification: Senior Animal Control Officer #27205. 4. Additional Position: Clerk Typist I. 5. Appropriate $32,000.00 of General Fund Balance to the Police Operating Budget within the General Fund. 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. k. Resolution Identifying Vendors, Healthcare Plans and Setting Rates for Citywide Health Insurance Plans (excluding the Anthem Blue Cross PPO Plans) for Eligible Active and Retired Employees. ACTION TAKEN RES 079 -13(2) RES 080 -13(2) RES 145 -13 RES 146 -13 9. Bakersfield, California, November 20, 2013 — Page 9 CONSENT CALENDAR continued ACTION TAKEN Agreements: Approval of FY2013 -2014 Emergency Solutions Grant (ESG) Agreements: 1. Bethany Services /Bakersfield Homeless AGR 13 -184 Center ($48,700), for ESG Funds to provide emergency shelter services at 1600 East Truxtun Avenue. 2. The Mission at Kern County ($48,700), for AGR 13 -185 ESG Funds to support emergency shelter activities at 816 E. 21st Street. 3. Alliance Against Family Violence and AGR 13 -186 Sexual Assault ($17,128), for ESG Funds to support emergency shelter services administered at 1921 19th Street. 4. Flood Bakersfield Ministries ($17,128), for AGR 13 -187 ESG Funds for street outreach services administered at 3509 Union Avenue. 5. Bethany Services/ Bakersfield Homeless AGR 13 -188 Center ($71,313), for ESG Funds to provide Rapid Re- Housing Program services administered at 1600 East Truxtun Avenue. M. Design -Build Construction Projects Agreement AGR 13 -189 with Spohn Ranch Skateparks ($360,000), for design and construction of a skatepark at Planz Park. n. Utility Agreement with AT&T ($156,868.73; 100% REMOVED FOR Local), for the relocation of telecommunication SEPARATE facilities in conflict with the widening of the off- CONSIDERATION ramp from southbound State Route 99 to Rosedale Highway; part of the Beltway Operational Improvements Project. (TRIP) o. Utility Agreement with Pacific Gas and Electric REMOVED FOR Company ($4,576,443), for the relocation of SEPARATE electrical transmission facilities in conflict with CONSIDERATION the Centennial Corridor (State Route 58 Connector) Project. (TRIP) Bakersfield, California, November 20, 2013 - Page 10 9. CONSENT CALENDAR continued a ►!1 Rosedale Highway Widening Project: (TRIP) Utility Agreement with Vaughn Water Company ($61,680), for the relocation of water piping and appurtenances. 2. Utility Agreement with Pacific Gas and Electric Company ($236,517), for the relocation of electrical and gas facilities. 3. Appropriate $298,197 Transportation Development Fund balance to the Public Works Capital Improvement Budget within the TDF TRIP Local Match Fund. State Route 178 Widening Project: (TRIP) Utility Agreement with Mohave Pipeline Company, LLC ($570,163; 100% Local), for protecting the Mohave Gas Line in place. 2. Utility Agreement with Pacific Gas and Electric Company ($457,191; 100% Local), for the relocation of underground electrical distribution facilities. 3. Utility Agreement with Pacific Gas and Electric Company ($37,949; 100% Local), for the relocation of electrical transmission facilities. 4. Utility Agreement with Pacific Gas and Electric Company ($894,555; 100% Local), for the relocation of overhead electrical distribution facilities. 5. Utility Agreement with AT &T ($219,708.25; 100% Local), for the relocation of overhead telecommunication facilities. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION 9. Bakersfield, California, November 20, 2013 — Page 11 CONSENT CALENDAR continued ACTION TAKEN Bids: State Route 99 /Hosking Avenue Interchange REMOVED FOR Project: (TRIP) SEPARATE CONSIDERATION 1. Utility Agreement with AT &T ($82,391), for the relocation of communication facilities in conflict with the project. 2. Appropriate $82,391 Transportation Development Fund balance to the Public Works Capital Improvement Budget within the TDF TRIP Local Match Fund. Amendment No. 4 to Agreement No. 09 -171 AGR 09- 171(4) with Amber Chemicals, Inc. (extending term one year), for continuing the supply of pool chemicals. Accept bid from Jim Burke Ford ($149,075.29) REMOVED FOR for seven replacement full size extended cab 1/2 SEPARATE ton pickups for use by the Police Department. CONSIDERATION U. Accept bid and approve contract with AGR 13 -200 RailWorks Track Services, Inc. ($100,000), for scheduled and on -call maintenance and repair services for the Amtrak Railroad track from H Street to Union Avenue for the period from January 1, 2014 to June 30, 2018. V. Hosking Avenue Widening and related improvements from Wible Road to Hughes Lane: 1. Accept bid and approve contract with AGR 13 -201 Bowman Asphalt, Inc. ($775,957). 2. Appropriate $436,000 State Local Partnership Program Grant Funds to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. Bakersfield, California, November 20, 2013 — Page 12 9. CONSENT CALENDAR continued ACTION TAKEN W. Signal and lighting system installations at the intersections of Old Farm Road at Hageman Road, and Jewetta Avenue at Hageman Road; install traffic signal interconnect on Hageman Road from Old Farm Road to Verdugo Lane: Accept bid and approve contract with AGR 13 -202 Loop Electric Inc. ($508,890). 2. Appropriate $225,000 State Local Partnership Program Grant Funds to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. Miscellaneous: Successor Agency Business: Assistant City Clerk Drimakis announced that additional information has been provided as a supplemental memorandum regarding item 9.1. Councilmember Maxwell requested that items 9.n., 9.o., 9.p., 9.q., 9.r., and 9.t. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Items 9.a. through 9.w., with the removal of AB HANSON items 9.n., 9.o., 9.p., 9.q., 9.r., and 9.t. for separate consideration. AGR 13 -190 n. Utility Agreement with AT&T ($156,868.73; 100% Local), for the relocation of telecommunication facilities in conflict with the widening of the off - ramp from southbound State Route 99 to Rosedale Highway; part of the Beltway Operational Improvements Project. (TRIP) Councilmember Maxwell made a motion to continue this item to the next Council meeting when the City Manager can be present to explain the costs involved and how they get paid. Councilmember Maxwell advised he would like his motion to include items 9.n, 9.o., 9.p., 9.q., and 9.r. 9. Bakersfield, California, November 20, 2013 — Page 13 ACTION TAKEN CONSENT CALENDAR continued Item 9.n. continued Vice -Mayor Weir offered a friendly amendment to address each one of the items separately, instead of in a combined and group motion; Councilmember Maxwell accepted the friendly amendment. Motion by Councllmember Maxwell to continue Consent Calendar Item 9.n. to the next Council meeting. Vice -Mayor Weir suggested that Councilmember Maxwell amend his motion to make sure the City does not spend any money on this contract until the actual construction begins; Councilmember Maxwell accepted the amendment. Councilmember Sullivan advised that she is very comfortable moving forward with the agreements tonight and would not be supporting the delay. Councilmember Smith advised that he is not in favor of postponing them. FAILED Motion by Councilmember Maxwell to continue AYES MAXWELL Consent Calendar Item 9.n., with the friendly AS HANSON amendment that there Is direction given to the City Attorney's Office to add language to the utility agreement which indicates that work Is not authorized until they receive indication from either the City Manager or the Public Works Director, and If that looks like it will not meet the needs of the utility, then the agreement will be brought back to the Council on December 11th. APPROVED Motion by Councilmember Rivera to adopt NOES MAXWELL Consent Calendar Item 9.n., as recommended AS HANSON by staff. 9. Bakersfield, California, November 20, 2013 - Page 14 CONSENT CALENDAR continued o. Utility Agreement with Pacific Gas and Electric Company ($4,576,443), for the relocation of electrical transmission facilities in conflict with the Centennial Corridor (State Route 58 Connector) Project. (TRIP) Motion by Councilmember Maxwell to continue Consent Calendar Item 9.o., with the friendly amendment that there is direction given to the City Attorney's Office to add language to the utility agreement which indicates that work is not authorized until they receive indication from either the City Manager or the Public Works Director, and N that looks like It will not meet the needs of the utility, then the agreement will be brought back to the Council on December 11th. Councilmember Maxwell withdrew his motion on the remaining items and suggested that someone else make a motion to adopt staff's recommendation. Motion by Vice -Mayor Weir to adopt Consent Calendar Item 9.o., as recommended by staff. P. Rosedale Highway Widening Project: (TRIP) 1. Utility Agreement with Vaughn Water Company ($61,680), for the relocation of water piping and appurtenances. 2. Utility Agreement with Pacific Gas and Electric Company ($236,517), for the relocation of electrical and gas facilities. 3. Appropriate $298,197 Transportation Development Fund balance to the Public Works Capital Improvement Budget within the TDF TRIP Local Match Fund. q. State Route 178 Widening Project: (TRIP) 1. Utility Agreement with Mohave Pipeline Company, LLC ($570,163; 100% Local), for protecting the Mohave Gas Line in place. ACTION TAKEN AGR 13 -191 FAILED AYES MAXWELL AB HANSON APPROVED NOES MAXWELL AB HANSON AGR 13 -192 AGR 13 -193 AGR 13 -194 Fi Bakersfield, California, November 20, 2013 — Page 15 CONSENT CALENDAR continued ACTION TAKEN Item 9.q. continued 2. Utility Agreement with Pacific Gas and AGR 13 -195 Electric Company ($457,191; 100% Local), for the relocation of underground electrical distribution facilities. 3. Utility Agreement with Pacific Gas and AGR 13 -196 Electric Company ($37,949; 100% Local), for the relocation of electrical transmission facilities. 4. Utility Agreement with Pacific Gas and AGR 13 -197 Electric Company ($894,555; 100% Local), for the relocation of overhead electrical distribution facilities. 5. Utility Agreement with AT&T ($219,708.25; AGR 13 -198 100% Local), for the relocation of overhead telecommunication facilities. r. State Route 99 /Hosking Avenue Interchange Project: (TRIP) 1. Utility Agreement with AT&T ($82,391), for AGR 13 -199 the relocation of communication facilities in conflict with the project. 2. Appropriate $82,391 Transportation Development Fund balance to the Public Works Capital Improvement Budget within the TDF TRIP Local Match Fund. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 9.p., 9.q., and 9.r., as NOES MAXWELL recommended by staff. AB HANSON t. Accept bid from Jim Burke Ford ($149,075.29) for seven replacement full size extended cab 1/2 ton pickups for use by the Police Department. Motion by Counclimember Maxwell to adopt APPROVED Consent Calendar Item 9.t., as recommended AB HANSON by staff. Mayor Hall recessed the meeting at 7:45 p.m., and reconvened the meeting at 7:51 p.m. Bakersfield, California, November 20, 2013 — Page 16 10. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider the Resolution ordering the vacation of the alley located in Block 527, between 28th Street and 29th Street, east of Chester Avenue. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (Staff recommends adoption of the Resolution.) b. Public Hearing to consider the Resolution 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. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (Staff recommends adoption of the Resolution.) Consent Calendar Public Hearings opened at 7:52 p.m. No one spoke. Consent Calendar Public Hearings closed at 7:52 p.m. Motion by Councilmember Maxwell to adopt Consent Calendar Public Hearings items 10.a. and 10.b. 11. HEARINGS None. 12. DEFERRED BUSINESS a. 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. (FR 10/16/13) Staff recommends adoption of Ordinance. Councilmember Johnson announced that he would abstain, due to perception of a conflict of interest on Deferred Business Item 12.a. Councilmember Johnson left the meeting at this time. ACTION TAKEN RES 147 -13 RES 148 -13 APPROVED AS HANSON ORD 4760 12. 13. 14. Bakersfield, California, November 20, 2013 — Page 17 DEFERRED BUSINESS continued Item 12.a. continued Councilmember Rivera advised that he would be voting no on this item. Motion by Vice -Mayor Weir to adopt Deferred Business Item 12.a. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson returned to the meeting at this time. Councilmember Smith thanked staff for the work done on the Bicycle Transportation Plan, and asked staff to come back with an update on its progress in a year. Councilmember Rivera commended staff on the progress being made with the skate park at Planz Park, and he indicated he would like to work with staff and to involve young people who skate a lot to be a part of the design process. Councilmember Maxwell thanked Chief Williamson, Captain Clayton, and Lieutenant Mullins for their assistance with some issues downtown, particularly at 19th and M streets, and that it should be a priority to solve the issues of homelessness and crime in the downtown area. Councilmember Maxwell asked staff to provide some Information regarding the costs involved to provide significant lighting in the downtown area. Councilmember Maxwell asked staff to evaluate the area of Westwind Drive and Truxtun Avenue to make it safer for travel through that area by possibly puffing in a cul -de -sac or a traffic light similar to the type near the AAA building or CBCC. Councilmember Johnson advised that he is happy to see the skate park project coming to fruition at Planz Park. ACTION TAKEN APPROVED NOES RIVERA, MAXWELL ABS JOHNSON AB HANSON Bakersfield, California, November 20, 2013 — Page 18 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN