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HomeMy WebLinkAbout06/04/14_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF JUNE 4, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p,m, and 5:15 p.m. REGULAR MEETING - 3:30 p.m, 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS a, Department Budget Presentations: 1, Recreation and Parks Department 4. CLOSED SESSION a, Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957 (b)(1) / 54957.6. 5. CLOSED SESSION ACTION 6. ADJOURNMENT REGULAR MEETING -5:15 p,m, 1. ROLL CALL 2. INVOCATION by Dr, Danielle Wright and Minister Jeremy Wright, St, John Missionary Baptist Church, 3. PLEDGE OF ALLEGIANCE by Luke and Charts Manson, 3rd grade students at Douglas J. Miller Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a picture plaque to John Basham, Owner, Basham Anspach Funeral Care, honoring the beautification efforts at 620 Oregon Street. b. Presentation by Mayor Hall of a laptop computer to Jose Navarro, Highland High School student, winner of the Green Expo Recycled Material Art Facebook Contest, 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Department Budget Presentations: 1. Rabobank 2. Convention and Visitors Bureau 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 21, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from May 9, 2014, to May 22, 2014, in the amount of $13,058,802.11 and self- Insurance payments from May 9, 2014, to May 22, 2014, In the amount of $538,694.03, totaling, $13,597,496.14. Ordinances: C. Adoption of the following Ordinances amending various sections of the Municipal Code: (FR 05121114) 1. Amending Chapter 5.45 relating to Sidewalk Pushcart Food Vendors, 2. Amending Section 5.26.040 relating to Regulations for Hotels and Lodginghouses. 3. Amending Chapter 5.56 relating to Transient Outdoor Business Licenses. 4. Amending Section 10.69.040 relating to Special Events In Residential Zones, 5. Amending Section 12.20.035 relating to Encroachment Permits, 6. Amending Section 14.12.390 relating to Sewer Connection Fees. 7. Amending Section 14.20.020 relating to Health Officer Approval of Sewer Systems. 8, Amending Section 16.32.040 relating to Amount of Security for Subdivision Improvements, 9. Amending Section 16.32.100, Subsection B relating to Survey Requirements - Monuments. 10. Amending Section 17.08.180 relating to Fence, Walls and Hedges. 11. Amending Section 17.59.030, Subsection C relating to Fencing for Wireless Telecommunications Facilities. 12. Amending Section 17.66.030 relating to Maximum Grade of Streets and Other Easements. Resolutions: d. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. e. Resolution approving the destruction of certain obsolete City records, documents, Instruments, books and papers pursuant to Government Code Section 34090, et seq. (Police Department) City Council Meeting of 06/04/2014 8. CONSENT CALENDAR continued (Ward 1,2,6,7) f, Resolution authorizing Union Pacific Railroad (UPRR) staff to review and process documentation necessary for the preparation of a Construction and Maintenance Agreement required for the construction of the Beltway Operational Improvements Project, not to exceed $10,000. (TRIP) g, Resolution providing for the collection of residential refuse charges by the Kern County Auditor- Controller's Office. h. Resolution adopting sewer connection fees pursuant to Section 14,12.380 of the Municipal Code, i. Collection of delinquent refuse and sewer charges by the Kern County Auditor - Controller's Office on Fiscal Year 2014/15 Property Tax Rolls; 1. Resolution providing for the collection of delinquent refuse fees. 2. Resolution providing for the collection of delinquent sewer fees. (Ward 2,3,4,5) j. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report for each; 1, Area 1 -96 (Birchhaven /Jewetta) 2, Area 3 -92 (Tentative Tract 7243 on the east side of Old River Road south of Berkshire Road) 3. Area 4 -120 (900 H Street) 4. Area 4 -121 (3728 Arrow Street) (Ward 2) k. Resolutions of Intention 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. 1797 adding Area 4 -122 (1303 S Street) 2, ROI No, 1798 adding Area 4 -123 (1214 34th Street) Agreements: I. Agreement with Definiti Healthcare Management (not to exceed $200,000 annually for a two year period with an additional option year) for Worker's Compensation Bill Review Services to be utilized at the City's discretion. (Ward 3) M. Agreement with Marion and Shirley Collins Family Limited Partnership ($724,000) to purchase real property Identified as APN 533 - 012 -37, north of Mesa Marin Drive, for the State Route 178 Widening Project, (TRIP) (Ward 3) n, Agreement with Elissa Rubin and Gary Frolenko Trust ($1,127,768) to purchase real property Identified as APN 533 - 012 -27, for the State Route 178 Widening Project, (TRIP) (Ward 3) o. Agreement with Rosedale Land Venture I, LLC ($90,400), to purchase real property located at 5400 Rosedale Highway, for the Rosedale Highway Widening Project, (TRIP) (Ward 2) P. Agreement with Shirley M. DeRuchle Trustee of the Shirley M. DeRuchie Trust, ($417,000) to purchase real property located at 3310 and 3320 Wood Lane, for the Centennial Corridor Project. (TRIP) 3 City Council Meeting of 06/04/2014 8. CONSENT CALENDAR continued (Ward 3) q. Design Consultant Agreement with Smith Iwanaga Milhous Architects, Inc, ($148,000), for Master Planning and Design Services for Police Department Firearms Range, (Ward 3) r, Cooperative Agreement with the State of California Department of Transportation (Caltrans) for construction of the State Route 178 Widening Project, (TRIP) (Ward 3) S. Amendment No, 1 to Agreement No. 12 -120 with T.Y. Lin International ($251,000; revised not to exceed $2,941,000; federally funded $222,210.30 and local TDF $28,789.70) for Engineering Design Services for State Route 178 Widening Project, (TRIP) t. Amendment No. 1 to Agreement No. 12 -154 with Quad Knopf, Inc. (no change in compensation, extends term one year), for on -call environmental services for non - federally funded Capital Improvement Projects. U. Amendment No. 2 to Agreement No. 12 -098 with Stay Green, Inc. ($200,000; revised not to exceed $800,000 and extend term to December 31, 2014), for the annual contract for tree trimming. V. Amendment No, 2 to Agreement No. 08 -015 with Redflex Traffic Systems, Inc, (extending term one year), for photo red light enforcement program. W. Amendment No. 1 to Agreement No, 13 -008 with Fieldman, Rolap and Associates ($1 00,000; revised not to exceed $225,000 and extend term for a two year period) for financial planning assistance for the Thomas Roads Improvement Program. (TRIP) (Ward 2) X. Amendment No. 1 to Agreement No. 13 -034 with Kern Security Systems, Inc. ($50,000; revised not to exceed $155,000 and extend term until June 2015), for security guard services provided at 18th and Eye Street Parking Garage. (Ward 4) Y. Contract Change Order No. 3 to Agreement No. 13 -202 with Loop Electric, Inc. ($22,950; revised not to exceed $541,074.99), for the project known as Traffic Signal & Lighting System Installations at the Intersections of Old Farm Road at Hageman Road and Jewetta Avenue at Hageman Road and Install Traffic Signal Interconnect on Hageman Road from Old Farm Road to Verdugo Lane, Bids: Z. Accept bid from CDCE, Inc, ($490,843.75), for the purchase of one hundred twenty 4 City Council Meeting of 06/04/2014 five (125) Panasonic Toughbook Laptops for the Police Department. aa. Accept bid from Carney's ($64,099.83) for the purchase of nineteen (19) Hewlett Packard LaserJet multifunction printers, bb. Accept bid from McCain, Inc. ($121,577.66), for traffic signal equipment, cc. Accept bid and approve contract with Kern Turf Supply, Inc. (not to exceed $250,000), for the annual contract to provide Irrigation parts and supplies. (Ward 1,2) dd. Accept bid and approve contract with Cen -Cal Construction (not to exceed $428,300) for the construction of HUD curb and gutter for E. California Area. (Ward 5,6) ee. Accept bid and approve contract with SAK Construction, LLC ($1,439,072), for the Sewer Rehabilitation - Gosford Road Trunk Sewer, Phase 2. 4 City Council Meeting of 06/04/2014 8. CONSENT CALENDAR continued (Ward 2,3,4,5) ff. Accept bid and approve contract with Crosstown Electrical and Data ($450,872,50) for the Install Traffic Signal Synchronization - Part 4 Project. Miscellaneous: gg, Authorize the Finance Director to write off accounts receivable in various funds totaling $100,904.92 and forward non bankrupt accounts to a collection agency for additional collection efforts. Successor Agency Business: hh. Receive and file successor agency payments from May 9, 2014, to May 22, 2014, in the amount of $2,896,65. Staff recommends adoption of Consent Calendar Items 8a, through 8.hh, 9. CONSENT CALENDAR PUBLIC HEARINGS a, Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2014 -2015 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector, (Staff recommends overriding protests and adoption of Resolution) b. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2014 -2015 budget, confirming the street and median assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of Resolution) c. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for nineteen (19) Traffic Signal Maintenance Districts and the 2014- 2015 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector, (Staff recommends overriding protests and adoption of Resolution) (Ward 2) d. Public Hearing to consider Resolution ordering the vacation of a strip of right -of -way 6 1/2 feet wide along south side of the alley west of V Street between 20th Street and 21 sr Street within Block 216 and 217 of Godey Tract. (Staff recommends adoption of Resolution) (Ward 4,5,6,7) e, Public Hearing to consider an adjustment to the Water Availability Fee for the City's Domestic Water System: 1. Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven and Riverlakes Ranch service areas of the City's Water System, (Staff recommends adoption of Resolution.) (Ward 7) f, Public Hearing to consider Resolution determining that the Hosking Avenue and State Route 99 Interchange Project be classified as substantially complex for purposes of Public Contract Code Section 7201 and authorizing the Increase of the retention from five percent to ten percent. (TRIP) (Staff recommends adoption of Resolution.) City Council Meeting of 06/04/2014 10. HEARINGS a, Public Hearing for the Fiscal Year 2014 -2015 Operating and Capital Improvement Program Budgets, Staff recommends Council hear public testimony, b. Public Hearing to consider the following Resolutions regarding Wastewater Revenue Program; 1, Resolution adopting the Wastewater Revenue Program Update and change In methodology of sewer surcharge calculations and rates. 2. Resolution providing for the collection of residential and commercial sewer and storm sewer service user charges by the Kern County Auditor - Controller's Office. Staff recommends adoption of Resolutions, 11. REPORTS a. Department Budget Presentations; 1. Community Development Department 2. Water Resources Department b, Update on City Water Supply and Conservation Efforts. Staff recommends the report be received and filed. 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 05/29/14 3,35pm Respectfully submitted, O � Alan Tandy City Manager 6 City Council Meeting of 06/04/2014 AGENDA HIGHLIGHTS JUNE 4, 2014 COUNCIL MEETING REGULAR MEETING - 3:30 p.m. NOTE: A separate meeting will be called to order at 3:30 p.m., followed by Public Statements that will encourage comments pertaining only to Item 3a, the Recreation and Parks Department FY 2014 -15 Budget Presentation and the Closed Session matter. After the Workshop, the Council will then recess Into Closed Session. Upon conclusion of the Closed Session, any action will be announced. Item 3a. Department Budget Presentations. Staff from the Recreation and Parks Department will present their department's proposed operating and capital improvement budget for FY 2014 -15. One item: City Manager's performance evaluation. REGULAR MEETING - 5:15 p.m. Items 6a i. and 6a 2. Department Budget Presentations. Staff from the Rabobank Arena and Convention and Visitors Bureau will present their respective department's proposed operating and capital improvement budgets for FY 2014 -15. Item 8p. Purchase of Property for the Centennial Corridor Project. This item is a request for Council approval of an agreement with the property owner for the purchase of 3310 and 3320 Wood Lane under the early property acquisition program for the Centennial Corridor Project. This would be the first property acquired under the early acquisition program. Early acquisition allows property owners within the proposed Centennial Corridor route to voluntarily sell and relocate if they wish. The purchase is funded by the $165 million in federal funds approved by CalTrans and FHWA in February 2014 and appropriated by the City Council on March 5, 2014. Item 10a. Public Hearing for the Fiscal Year 2014 -2015 Operating and Capital Iml2rovement Program Budgets. This item provides for an opportunity for the Council to receive public comment on the City's proposed budget prior to its adoption. Final adoption of the budget is scheduled for June 25, 2014. Item 1 l 1 and 11a 2. Department Budget Presentations. Staff from the Community Development and Water Resources Departments will present their respective department's proposed operating and capital improvement budgets for FY 201415. Item 11b. Update on City Water Supply and Conservation Efforts, Per Councilmember requests, Water Resources staff will provide a presentation on the current status of the City's water supply, the City's water management plan, and water conservation efforts. Approved: Alan Tandy, City Manager W—Oe� cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - June 4, 2014 Council Meeting Page 2 BA � r ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Workshops ITEM: TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 19, 2014 DEPARTI CITY CITY SUBJECT: Department Budget Presentation J 1. Recreation and Parks Department BACKGROUND: Staff from the Recreation and Parks Department will provide a detailed overview of their FY 2014 -15 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. AT:ch:al 5/29/14 S: \14 -15 BUDPRO \Budget Admins, Resos \Budget Presentation 06.04.14 - RP.docx 1111111111,.Iii��� '' ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney May 22, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Public Employee Performance Evaluation — City Manager Closed session pursuant to Government Code section 54957(b) (1) / 54957.6. S: \COUNCIL \CI Sess \Admins\ 13- 14 \6- 4- 14EvaI.CM.docx MEETING DATE: June 4, 2014 AGENDA SECTION: Presentations ITEM: , Q„ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall May 23, 2014 APPROVED DEPARTMENT HEA �. CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of a picture plaque to John Basham, owner of Basham Anspach Funeral Care, 620 Oregon Dr., honoring the beautification efforts at that location. RECOMMENDATION: BACKGROUND: krt MEETING DATE: June 4, 2014 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAQQ&(� DATE: May 23, 2014 CITY ATTORNEY CITY MANAGER__ SUBJECT: Presentation by Mayor Hall of a laptop computer to Green Expo Recycled Material Art Facebook Contest winner, Highland High School student, Jose Navarro. RECOMMENDATION: BACKGROUND: krt A O� a o w S ADMINISTRATIVE REPORT c MEETING DATE: June 4, 2014 AGENDA SECTION: Workshops ITEM: , a TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 19, 2014 SUBJECT: Department Budget Presentations 1. Rabobank 2. Convention and Visitors Bureau DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER BACKGROUND: Staff from Rabobank and the Convention and Visitors Bureau will provide a detailed overview of their FY 2014 -15 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. AT:ch:al 5/29/14 S: \14 -15 BUDPRO \Budget Admins, Resos \Budget Presentation 06.04.14 - Rabobank, CVB.docx BA nn Q���ppyORRt�'Csl ADMINISTRATIVE REPORT � +aRURr u.♦ 10 MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk May 23, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Approval of Minutes of the May 21, 2014, Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: Rg:ndw O�BAK [� �GO0.YU"f�`rS� ADMINISTRATIVE REPORT n ILA gLIFO MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 22, 2014 APPROVED DEPARTMENT HEAD l✓P CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from May 9, 2014 to May 22, 2014 in the amount of $13,058,802.11 Self Insurance payments from May 9, 2014 to May 22, 2014 in the amount of $538,694.03 totaling $13,597,496.14 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: May 22, 2014, 3:12PM S:\Accounting\Dawn T\Admin - Council\2014 \COUNCIL- ADMIN- 2014\ADMIN —AP 06- 04- 14.doc MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: . c. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: May 22, 2014 CITY ATTORNEY CITY SUBJECT: 1. Adoption of Ordinance Amending Chapter 5.45 re: Sidewalk Pushcart Food Vendors. 2. Adoption of Ordinance Amending Section 5.26.040 re: Regulations for Hotels and Lodginghouses. 3. Adoption of Ordinance Amending Chapter 5.56 re: Transient Outdoor Business Licenses. 4. Adoption of Ordinance Amending Section 10.69.040 re: Special Events in Residential Zones. 5. Adoption of Ordinance Amending Section 12.20.035 re: Encroachment Permits. 6. Adoption of Ordinance Amending Section 14.12.390 re: Sewer Connection Fees. 7. Adoption of Ordinance Amending Section 14.20.020 re: Health Officer Approval of Sewer Systems. 8. Adoption of Ordinance Amending Section 16.32.040 re: Amount of Security for Subdivision Improvements. 9. Adoption of Ordinance Amending Section 16.32.100, Subsection B, re: Survey Requirements - Monuments. 10. Adoption of Ordinance Amending Section 17.08.180 re: Fence, Walls and Hedges. 11. Adoption of ordinance Amending Section 17.59.030, Subsection C, re: Fencing for Wireless Telecommunication Facilities. 12. Adoption of Ordinance Amending Section 17.66.030 re: Maximum Grade of Streets and Other Easements. RECOMMENDATION: Staff recommends Adoption of the proposed ordinance amendments. The amendments had first reading on May 21, 2014. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of ordinances that are being recommended by Staff for changes: ADMINISTRATIVE REPORT 1. BMC Chapter 5.45. The amendment changes the responsibility for permits from the City Manager to the Finance Director. 2. BMC Section 5.26.040. The amendment deletes the requirement that hotel registration books be open at all times for inspection per a new Federal Court of Appeals case, Patel, et al. v. City of Los Angeles (2013), which invalidated a city's local ordinance that allowed police access to hotel guest records without a warrant. 3. BMC Chapter 5.56. The amendment deletes the "seasonal outdoor business" category and combines all transient outdoor businesses into one permit category; changes the number of days temporary businesses can operate; and provides a definite termination date for operation of the business. Staff wants to simplify the permit process to one permit, making the seasonal outdoor category no longer necessary. 4. BMC Section 10.69.040. The amendment permits special events on or adjacent to church or school property in residential areas which codifies current practice. 5. BMC Section 12.20.035. The amendment clarifies that "substantial below -grade portions of buildings" that are considered to be an encroachment not only need an encroachment permit, but also an encroachment permit that requires Council approval. 6. BMC Section 14.12.390. The amendment corrects a typographical error from the 2013 ordinance revision. 7. BMC Section 14.20.020. The amendment substitutes the correct name of the department director. 8. BMC Section 16.32.040. The amendment deletes reference to a section of the Municipal Code (I 6.32.020(B) or (C)) which was eliminated from the Code in 2012 concerning types of security for improvements. 9. BMC Section 16.32.100. The amendment corrects a typographical error. 10. BMC Section 17.08.180. The current code section prohibits barbed wire fencing in all residential zones and certain commercial and industrial zones. The amendment adds electrified wire to the code section, prohibiting electrified wire from being used in the same zones where barbed wire is prohibited. 11. BMC Section 17.59.030. The amendment adds electrified wire to types of fencing prohibited around wireless telecommunication facilities for consistency with section 17.08.180. 12. BMC Section 17.66.030. The amendment substitutes "current edition" for a specific year on a highways design guidebook. JHR:Isc S: \COUNCIL \Admins \13 -14 Admins \Cleanup 2014.2d.docx � � t ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: f . J. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: May 19, 2014 CITY ATTORNEY'S CITY MANAGE SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on May 12, 2014, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION Ward 1 APN COST 1. 1021 S. Brown Street 01 9- 053 -11 $ 1,660.00 2. 721 Brundage Lane 011- 050 -04 $ 824.00 3. 205 E. California Avenue 139 - 052 -02 $ 772.00 4. 3615 Cottonwood Road 172- 020 -08 $ 105.00 5. 2608 Dore Drive 022 - 231 -07 $ 1,574.00 6. 1301 Dorian Drive 022 - 030 -05 $ 1,423.00 7. 122 Dr. Martin Luther King Jr. Blvd. 01 8- 400 -06 $ 1,010.00 May 22, 2014, 1:38PM /kd S: \Dana\ADMINS\2014UUNE \6 -4- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 8. 517 Dr. Martin Luther King Jr. Blvd. 019- 101 -13 $ 300.00 9. 324 S. King Street 139 - 302 -16 $ 999.00 10. 329 S. King Street 018 - 140 -20 $ 300.00 11. 600 N Street 009- 361 -13 $ 994.00 12. 100 S. Owens Street 018 - 240 -16 $ 300.00 13. 105 S. Owens Street 018 - 270 -35 $ 869.00 14. 110 S. Owens Street 018- 240 -08 $ 697.00 15. 1 100 E. Planz Road 170- 180 -01 $ 1,300.00 16. 1425 Ralston Street 018- 122 -10 $ 105.00 17. 125 Tyree Toliver Street 018- 340 -20 $ 699.00 18. 213 Tyree Toliver Street 018- 350 -28 $ 979.00 19. 217 Tyree Toliver Street 018- 350 -27 $ 710.00 20. 703 Wilkins Street 139 - 432 -24 $ 300.00 21. 703'/2 Wilkins Street 139 - 432 -27 $ 300.00 22. 705 S. Williams Street 019- 122 -06 $ 900.00 23. 737 10th Street 009 - 172 -03 $ 1,294.00 Ward 2 24. 631 Baker Street 016- 200 -01 $ 300.00 25. 1831 Cherry Street 007 - 220 -01 $ 660.00 26. 8 Flower Street 012- 052 -13 $ 845.00 27. 521 Grace Street 013- 040 -06 $ 300.00 28. 819 Kentucky Street 014- 300 -07 $ 1,260.00 29. 1 103 King Street 014 - 120 -16 $ 1,535.00 30. 1207 M Street 006 -440 -11 $ 300.00 31. 417 Monterey Street 014 - 160 -04 $ 105.00 32. 915 Niles Street 015 - 210 -04 $ 105.00 33. 1206 Oregon Street 015 - 100 -15 $ 880.00 34. 401 Pacific Street 012- 410 -01 $ 300.00 35. 2209 Palm Street 008- 182 -12 $ 825.00 36. 1023 Robinson Street 015 - 400 -17 $ 824.00 37. 719 Sumner Street 016- 070 -06 $ 860.00 38. 1030 E. 18th Street 017- 170 -03 $ 105.00 Ward 3 39. 3406 Harvard Drive 383 - 212 -19 $ 800.00 40. 3412 Harvard Drive 383 - 212 -18 $ 875.00 41. 2708 Sunview Drive 146- 543 -31 $ 300.00 May 22, 2014, 1:38PM /kd S: \Dana\ADMINS\2014VUNE \6 -4- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION Word 5 42. 10719 High Plateau Way 43. 7100 Ming Avenue 44. 4703 Pikes Peak Lane 45. 10816 Vista Del Rancho Drive Ward 6 APN COST 497 - 232 -09 $ 735.00 380 - 140 -11 $ 105.00 394 - 450 -16 $ 600.00 497 - 302 -08 $ 725.00 46. 4205 Akers Road 404- 052 -02 $ 790.00 47. 6907 Rush Point Court 498 -371 -20 $ 300.00 48. 5502 Viewcrest Drive 532- 073 -15 $ 105.00 49. 3501 Westchester Avenue 440 - 122 -09 $ 979.00 50. 4418 White Lane 403 - 242 -20 $ 665.00 Ward 7 51. 8120 Hughes Lane 514- 030 -29 $ 300.00 52. 1128 Kyner Avenue 412 - 171 -23 $ 735.00 53. 5601 Monitor Street 412- 220 -23 $ 300.00 The owners of the above - mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above - mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. May 22, 2014, 1:38PM /kd S: Tan a\ADWNS\2014UUNE \6-4- Property Abatement.docx MEETING DATE: June 4, 2014 [ITEM: GENDA SECTION: Consent Calendar g a 0 TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEADY DATE: May 23, 2014 CITY ATTORNEY 'U CITY MANAGER ` IV SUBJECT: Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to California Government Code Section 34090, et seq. (Bakersfield Police Department). RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND Government Code section 34090 permits destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by City Council. Resolution No. 154 -00, approved by City Council on December 13, 2000, is the most recent retention schedule for the Bakersfield Police Department (BPD) records. What is being proposed by the attached Resolution is a new, more streamlined version of a document retention schedule for the BPD which updates retention requirements and more efficiently categorizes documents retained by the BPD. If approved, this Resolution authorizes the BPD to destroy certain records and it will supersede all previous Resolutions for destruction of records in connection with the BPD, including but not limited to Resolution Nos. 154 -00, 52 -80, 62 -96, 62- 96(1), 63 -77, and 67 -81. Staff recommends adoption of the Resolution TG:Isc S: \COUNCIL \Admins \13 -14 Admins \RetentionSchedule.PD.docx F BAK R U C7 0 ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 22, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED nkt- AY- SUBJECT: Resolution authorizing Union Pacific Railroad (UPRR) staff to review and process documentation necessary for the preparation of a Construction and Maintenance (C&M) Agreement required for the construction of the Beltway Operational Improvements Project, not to exceed $10,000. (TRIP) (Wards 1, 2, 6 and 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Beltway Operational Improvements (BOI) Project consists of improvements that were originally part of the Centennial Corridor (SR -58 Connector) Project. These improvements are to both SR -58 and SR -99, and were allowed to be carved out from the SR -58 Connector Project and use Beltway earmark funding to construct them early because they have independent utility, improve safety and operations, and require little to no right -of -way. In order to advance the project to the construction phase, the City is required to ultimately enter into a C&M Agreement with UPRR that will allow the City's contractor to widen a bridge located within the UPRR's right -of -way. This C&M Agreement will contain the conditions by which the City and the City's contractor will need to follow for the construction of the work. However, in order to have this C&M Agreement prepared, UPRR must first review the construction plans and process this request. UPRR requires that the City pay for their staff time and processing costs for this initial review, and will not begin the process and review until they have a document from the City that states that the City agrees to pay for their review services. The cost for this initial review and processing is estimated to not exceed $10,000.00. Once this initial review is completed and the plans approved by UPRR, the C&M Agreement will be prepared and executed. Until the agreement is executed, UPRR will be providing periodic invoices to the City for the services they provide. Adequate funds have been previously budgeted in the project to pay for these UPRR services. LT:TDW: G: \GROUPDAT \ADMINRPT \2014 \06 -04 \RR Authorization Resolution - Admin REV.docx 0� r B3 oe�r��s ADMINISTRATIVE REPORT c IF MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nick Fidler, Acting Public Works Director May 20, 2014 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY CITY MANAGER Resolution providing for the collection of residential refuse charges by the Kern County Auditor - Controller's Office (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: For the sixth straight year, staff proposes no increase to refuse rates. This Resolution is to formalize that Fiscal Year 2013/14 rates will continue and not be increased for Fiscal Year 2014/15. Although the refuse hauler's contract will increase by 0.8% (adjusted annually by the Consumer Price Index), a sufficient fund balance exists within the Refuse Enterprise Fund to cover the increased costs of the haulers' contract. Staff proposes the use of Refuse Fund balance to absorb the haulers' cost increase. It is anticipated that a rate increase will most likely be proposed for Fiscal Year 2015/16 based upon declining fund balance. However, in order for the County to collect residential refuse charges on the Fiscal Year 2014/2015 tax roll, a new Resolution providing for the collection of residential refuse charges by the Kern County Tax Auditor - Collector's Office is required. This action has no effect on the General Fund. if G: \GROUPDAT \ADMINRPT \2014 \06 -04 \SW Admin Report Adopting 14 -15 Rates.doc � oFB3 oxK��S� ADMINISTRATIVE REPORT IFO MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: 9 TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 23, 2014 DEPARTMENT H1 CITY ATTORI CITY MAN APPROVED SUBJECT: Resolution Adopting Sewer Connection Fees Pursuant to Section 14.12.380 of the Bakersfield Municipal Code. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Bakersfield Municipal Code (BMC) requires Sewer Connection Fees to be established each fiscal year by resolution. The current fee is $4,000 per single family dwelling unit, and the one -time fee is collected at the same time building permit fees are paid. Staff is recommending the sewer fee connection charges remain at their current levels for another twelve months; thus no increases are being proposed at this time. The sewer connection fees collected each year are used to help pay the annual debt service of the wastewater enterprise. The 2014 -15 proposed budget estimates $5 million of connection fees will be collected and applied toward the estimated $13.6 million of wastewater enterprise debt service. The balance of the debt service will be paid with other revenues of the wastewater enterprise, including residential and commercial user fees. If approved, this resolution will keep the current sewer connection fee structure in place for the 2014 -15 year. 4/25/2013 2:53 PM S: \Accounting \LESLIE \FUND 411, 412 & 419 \Admin - Adopting sewer connection fees.docx Q�BAKEnn y,C011PO4,t�'rsl ADMINISTRATIVE REPORT IF MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: Jr. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nick Fidler, Acting Public Works Director May 21, 2014 APPROVED DEPARTMENT HEAD_ .A" CITY ATTORNEY CITY MANAGER Collection of delinquent refuse and sewer charges by the Kern County Auditor - Controller's Office on Fiscal Year 2014/15 Property Tax Rolls (All Wards): 1. A Resolution providing for the collection of delinquent refuse fees by the Kern County Auditor - Controller's Office. 2. A Resolution providing for the collection of delinquent sewer fees by the Kern County Auditor - Controller's Office. RECOMMENDATION: Staff recommends adoption of Resolutions. BACKGROUND: Annual charges for residential refuse, residential sewer, and commercial sewer accounts are billed on the Kern County property tax roll, with the beginning of each fiscal year. However, new accounts added throughout the year are billed pro -rata by the City until the start of the next fiscal year. Unfortunately, some of these bills remain unpaid and become delinquent. These resolutions transfer the collection of delinquent pro -rata charges to the Kern County Auditor - Controller's Office as a one -time billing. This in turn allows the delinquent fees to be collected on the County tax roll and remitted to the City. Following is additional information regarding the delinquent prorated charges: Refuse: Out of approximately $115,000 billed for prorated services to new properties throughout the year, $5,513.16 remains delinquent. Staff proposes to place these delinquent charges on the Fiscal Year 2014/15 property tax roll. Sewer: Out of approximately $91,000 billed for prorated services to new properties throughout the year, $23,295.78 remains delinquent. This amount is higher than typical because $10,660 of the delinquent amount results from one multiple - dwelling unit. Staff proposes to place these delinquent charges on the Fiscal Year 2014/2015 property tax roll. The number of delinquent sewer accounts is significantly higher than the number of refuse accounts because owners of newly constructed properties contact the Solid Waste Division for new refuse containers. Refuse containers are not delivered until the annual fee is collected. LF and RP G: \GROUPDATADMINRPT\2014 \06 -04 \WW and SW Delinquent Accts AdmRpt 14- 15.doc OFBAKE ycouoe,r� �s U ADMINISTRATIVE REPORT C moues n♦ LIFO Sewer service is immediately available to owners of newly constructed properties; therefore, the Wastewater Division does not have a similar method of upfront collection. These charges are for services already rendered, at fee levels previously set by City Council. This action has no effect on the General Fund. LF and RP G:\ GROUPDAT\ADMINRPT\2014 \06 -04 \WW and SW Delinquent Accts AdmRpt 14- 15.doc � cows +r S tv ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: Q TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD_ DATE: May 16, 2014 CITY ATTORNEY CITY MANAGER r SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each. 1. Area 1 -96 (Birchhaven Avenue / Jewetta Avenue SW) - Ward 4 2. Area 3 -92 (TT7243 located on the east side of Old River Rd south of Berkshire Road) - Ward 5 3. Area 4 -120 (900 H Street) - Ward 2 4. Area 4 -121 (3728 Arrow Street) - Ward 3 RECOMMENDATION: Staff recommends adopting the Resolutions. BACKGROUND: On May 21, 2014 the Council adopted Resolutions of Intention No. 1791, 1794, 1795, and 1796 respectively, adding the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and /or street landscaping. The areas will be under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and /or street landscaping have been installed. The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. ps G: \GROUPDAT \ADMINRPT \2014 \06 -04 \Res est CMD 1 -96 3 -92 4 -120 4- 121.docx A O�ww o.,r�o ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: 2. ILO TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD DATE: May 16, 2014 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 # 1797 to add Area 4 -122 (1303 S Street) - Ward 2 2. ROI # 1798 to add Area 4 -123 (1214 34th Street) - 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 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 Consolidated Maintenance District and the estimated maximum annual unit, a covenant has been drafted and will be recorded with the Ker n Office upon approval of this Resolution. ps G: \GROUPDAT \ADMINRPT \2014 \06- 04 \ROI est CMD 4 -122 4- 123.docx the inclusion of land in the cost per equivalent dwelling County Assessor - Recorder's O�B A K�/J CAIPDR,r�' `s ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: 1. TO: Honorable Mayor and City Council FROM: Jena Covey, Risk Manager DATE: May 19, 2014 APPROVED DEPARTMENT HEAD_ e0 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Definiti Healthcare Management (Definiti) for Workers' Compensation Bill Review Services for a two year agreement, with an optional third year to be utilized at the City's discretion, with a not to exceed amount of $200,000 annually. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City's contract with Definiti for workers' compensation bill review services expires on June 30, 2014. Medical facilities are subject to different medical fee schedules for services they provide to different patients, such as workers' compensation patients, Medicare recipients, or private insurance members. The State of California workers' compensation system has an official medical fee schedule for medical services, with most medical services covered under the fee schedule and some services requiring negotiation of usual and customary charges. A bill review company reviews bills for accuracy of medical fees billed, and then reduces those fees to the workers' compensation State of California mandated fee schedule, taking advantage of other discounts available through preferred provider networks, and negotiating fees for specialty bills that are not applicable to the fee schedule or preferred provider networks. In March 2014, a Request for Proposal was issued and the City received twelve (12) proposals from interested companies. City staff conducted oral interviews with six (6) of the twelve (12) companies, as the other responses were either non - responsive or did not meet the needs of the City. After a thorough review of the proposals and oral interviews, staff is recommending to continue the current relationship with Definiti and enter into an agreement for two years, with an optional third year to be utilized at the City's discretion, with an annual not to exceed amount of $200,000. The oral interview panel consisted of the workers' compensation claims manager from CSAC, our excess insurance carrier for workers' compensation, John Robinson, our workers' compensation attorney from Hanna Brophy, Jena Covey, Risk Manager, and Robert Berumen, Administrative Analyst in Risk Management. Results from the oral interviews ranked the following companies, ADMINISTRATIVE REPORT Definiti, Intermed, and Lien On Me, as the top three companies who could best meet the needs of the City's workers' compensation program. All the companies had various pricing structures, but it came down to the percentage of savings the City could anticipate from bills being reviewed and reduced to state fee schedule and potential savings from access into preferred provider networks. The fees Definiti quoted in their proposal are the same the City currently pays for bill review services. During the past three years (July 1, 2011 to date) with Definiti, the City has realized a bill review reduction savings of almost 72% in actual medical fees paid versus medical fees charged. Both Intermed and Lien on Me were impressive in the oral interviews, proposed competitive anticipated savings models, and probably would be able to provide a comparable level of customer service, but Definiti's customer service and savings potential have been tested with extremely positive results. Their numbers are verifiable as they have been providing bill review services to the City for almost 3 years. In addition, they are already integrated into the AIMS's Case Management System (our third party administrator for workers' compensation) with no downtime and transition period associated with a continued relationship with Definiti. To further understand how bill review works, I have included our savings numbers below for the current fiscal year from 7/1/13 to 4/30/14: Workers' Compensation Medical Charges $4,432,342.78 Total Reductions Recommended by Definiti $3,071,053.21 Total Medical Fees Paid $1,361,289.57 Staff recommends approval of an agreement with Definiti for two years, with an optional third year to be utilized at the City's discretion, with an annual not to exceed amount of $200,000. AC BA O� wnnu ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: S� M TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD &d/ DATE: May 19, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Marion and Shirley Collins Family Limited Partnership to purchase real property identified as APN 533 - 012 -37 for $724,000 for the State Route 178 Widening Project. (TRIP Program - Ward 3) RECOMMENDATION: Staff recommends approval of Agreement BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land to widen State Route 178, including County areas, between Canteria Drive and Miramonte Drive. The project will construct one and in some locations two additional travel lanes in each direction, and curb, gutter and sidewalks in some locations. The property is located approximately along State Route 184 just north of Mesa Marin Drive, identified as APN 533 - 012 -37. The approximately 3.06 acres is mixed use commercial /industrial land, and being acquired for the realignment of State Route 184 in conjunction with the State Route 178 widening project. The purchase price of $724,000 represents the property's fair market value as established by an appraisal prepared by Merriman Hurst and Associates, an independent appraisal company. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Consistency Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Property acquisition for the required right of way to construct the widening project for State Route 178 is part of the TRIP program and is included in the grant funding for this project. The City will be responsible for approximately 11% of the project cost, including right of way, and will be reimbursed the remaining 89% by the State and Federal Highway Administration. Admin - Purchase Agmt - Collins 5/20/2014 CW MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: t. n TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD AAL DATE: May 21, 2014 CITY ATTORNEY k-1 TT CITY MANAGER tk SUBJECT: Agreement with Elissa Rubin and Gary Frolenko Trust to purchase real property identified as APN 533- 012 -27 for $1,127,768 for the State Route 178 Widening Project. (TRIP Program - Ward 3) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land to widen State Route 178, including County areas, between Canteria Drive and Miramonte Drive. The project will construct one and in some locations two additional travel lanes in each direction, and curb, gutter and sidewalks in some locations. The property, identified as APN 533 - 012 -27, is located along State Route 178 where State Route 184 is being realigned to create a signalized intersection. The approximately 3.00 acres is vacant commercial land, and being acquired for the realignment of State Route 184 in conjunction with the State Route 178 widening project. The purchase price of $1,127,768 is based on an appraisal prepared by Merriman Hurst and Associates, an independent appraisal company, and an appraisal submitted by the owner, and negotiations with the owner. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Consistency Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Property acquisition for the required right of way to construct the widening project for State Route 178 is part of the TRIP program and is included in the grant funding for this project. The City will be responsible for approximately 11% of the project cost, including right of way, and will be reimbursed the remaining 89% by the State and Federal Highway Administration. Admin - Purchase Agmt - Rubin Frolenko Trust 5/21/2014 CW MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 22, 2014 CITY ATTORNEY M CITY MANAGER SUBJECT: Agreement with Rosedale Land Venture I, LLC to purchase real property located at 5400 Rosedale Highway for $90,400 for the Rosedale Highway Widening Project. (TRIP Program - Ward 3 (County area)) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land to widen Rosedale Highway, including County areas along Rosedale Highway. The project will construct an additional travel lane in each direction, and curb, gutter and sidewalks. The property location is approximately 5400 Rosedale Highway, on the north side, including both the east and west side of Mohawk Drive. The approximately 35,915 square feet of real property being acquired and the 96,915 square feet of temporary construction easement area are presently industrial parcels with office /industrial buildings and oil wells and pipelines. The purchase price of $90,400 is based on an appraisal prepared by Dallis Higdon and Associates, an independent appraisal company, and negotiations with the business. The purchase price includes the real property and a temporary construction easement. A Phase I `Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Consistency Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Property acquisition for the required right of way to construct the widening project for Rosedale Highway is part of the TRIP program and is included in the grant funding for this project. The City will be responsible for approximately 11% of the project cost, including right of way, and will be reimbursed the remaining 89% by the State and Federal Highway Administration. Admin - Purchase Agmt - Rosedale Land 5/22/2014 CW MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 28, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Shirley M. DeRuchie, Trustee of the Shirley M. DeRuchie Trust, dated September 23, 1998 to purchase real property located at 3310 and 3320 Wood Lane for $417,000 for the Centennial Corridor Project. (TRIP Program -Ward 2) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of two adjoining residential properties improved with a single family residence; separate guest house, a small rental unit and a barn. The purchase price of $417,000 is the property's fair market value as established by an appraisal prepared by Gary Crabtree, SRA of Affiliated Appraisers, an independent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to relocate their personal and /or business property. Every property is unique and the benefits will reflect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Admin - Purchase Agmt - DeRuchie (3) 5/28/2014 DMA Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit" is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means "to lead or attract to a desired point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. Admin - Purchase Agmt - DeRuchie (3) 5/28/2014 DMA BAKE Oyco R,r ADMINISTRATIVE REPORT F MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD DATE: May 21, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Design Consultant Agreement with Smith Iwanaga Milhous Architects, Inc. ($148,000) for Master Planning and Design Services for Police Department Firearms Range. (Ward 3) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The existing Bakersfield Police Department Firearms Range (Facility) is located at 3419 Truxtun Avenue on a 3.5 -acre site. When originally constructed, the Facility was not near development. The Facility is now surrounded by development, which makes the current location not a compatible site for a firearms range. Additionally, the Facility's amenities have not been upgraded to match the specialized training needs of a metropolitan police force that is close to 400 officers. Because of the need to update the amenities to address specialized training needs and to relocate the Facility to a less urban area, staff proposes to construct a new Firearms Range on City -owned property located in the northeast. The proposed new Facility will be located adjacent to a closed landfill, near the intersection of Alfred Harrell Highway and Fairfax Road. Staff proposes to phase -in construction of the new Facility. The first step in this process would be to develop a master plan to identify each phase of work and all the necessary improvements. Because of the specialized nature of this type of work, use of an outside consultant is recommended to design the project's first phase and to prepare the associated construction documents. The City issued a Request for Qualifications /Request for Fee Proposal (RFQ /RFP) for master planning and design services for the Firearms Range. The consultant must have expertise in designing firing range facilities. The following nine firms responded to the RFQ: Gillis + Panichapan Architects (Costa Mesa, CA) Gutierrez /Associates Architects (Oakland, CA Smith Iwanaga Milhous Architects (Fresno, CA) Arrington Watkins Architects (Phoenix, AZ) Brooks + Scarpa Architects (Los Angeles, CA) Darden Architects (Fresno, CA) Klassen Corporation (Bakersfield, CA) WLC Architects (Rancho Cucamonga, CA) WMM Associates (Los Angeles, CA) PW /Design Engineering /NSG /P4K217 May 28, 2014, 8:43AM G: \GROUPDAT \ADMINRPT \2014 \06 -04 \Master Planning and Design Services for Firearms Range- P4K217- rev.doc BA E won,,reo�S ADMINISTRATIVE REPORT ..,.® IF 0 Based on a review of their proposals, the Selection Committee, which consisted of staff from the Public Works and the Police Department, invited the first three firms listed above to interview with the committee. The Selection Committee, after conducting those interviews, recommends award of the agreement to Smith Iwanaga Milhous Architects, Inc. based on their combination of qualifications and fee proposal being the most favorable to the City. Staff recommends approval of this agreement. Sufficient funds have been budgeted for award of this agreement. Seized asset forfeiture funds provide the funding source for the Firearms Range project, including the Master Planning and Design Services phase. PW /Design Engineering /NSG /P4K217 May 28, 2014, 8:43AM G: \GROUPDAT \ADMINRPT \2014 \06 -04 \Master Planning and Design Services for Firearms Range- P4K217- rev.doc A n V01t1Rs1� ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nick Fidler, Acting Public Works Director May 20, 2014 Cooperative Transportation Project. (TRIP) Agreement (Caltrans) for (Ward 3) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER with the State of California Department of construction of the State Route (SR) 178 Widening RECOMMENDATION: Staff recommends approval of Cooperative Agreement. BACKGROUND: The SR -178 Widening Project is part of the Thomas Roads Improvement Program (TRIP). Caltrans and the City have been working together on the Final Design and Right -of -way acquisition for this project for the past several years, pursuant to previous Cooperative Agreement No. 12 -036 approved by the City Council on February 15, 2012. Execution of this Cooperative Agreement is now required in order for the City to obtain, from Caltrans, the federal funds and encroachment permits necessary to move the project forward into construction. The Project includes the following elements: • Widening the existing conventional highway to 6 lanes between Canteria Drive/ Bedford Green Drive and Masterson Street • Widening the existing conventional highway to 4 lanes between Masterson Street and Miramonte Drive • Realigning existing SR -184 and adding a traffic signal at the SR -178 and SR -184 intersection As is typical for Cooperative Agreements with Caltrans, this Agreement outlines the responsibilities of both the City and Caltrans regarding the construction of the project. The City will fund the project, advertise for bids for construction of the project, award the construction contract to a contractor, and then oversee and administer the project construction. A Request for Qualifications (RFQ) for a construction manager (CM) who will assist TRIP staff in overseeing, inspecting, and testing the construction of the project is currently on- going; a CM will be selected and an agreement will be forth - coming to the City Council on a future agenda. Once the project is completed, Caltrans will accept the new project improvements on behalf of the State, and will then operate and maintain them. Advertising for bids for construction of the project should be occurring later this fall. Funding for the construction of the project is in the Proposed 2014 -15 Capital Improvement Program Budget. The project will be federally and locally funded. Kpb: G: \GROUPDAT\ADMINRPT\2014\06 -04\SR -178 Widening Construction Cooperative Agr_REV1.doc MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 20, 2014 APP_ "") DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 12 -120 ($251,000: $222,210.30 Federal, $28,789.70 Local TDF, for a revised total contract amount of $2,941,000) with TYLin International, for Engineering Design Services for the State Route (SR) 178 Widening Project (TRIP) (Ward 3) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City entered into Agreement No. 12 -120 on September 12, 2012 with TYLin International (TYLin) to provide engineering design services (final design) for the SR -178 Widening Project. The original scope of work was for these services were based on the Project Report prepared for the project. The Project Report is the preliminary engineering document prepared concurrently with the project's environmental document. During final design, Caltrans has identified several items that need modification or further evaluation above that which was originally anticipated. These items of work include: 1) Adding anew traffic signal at the new SR- 178 /SR -184 intersection: During design, Caltrans Traffic Operations staff asked for the City to consider installing a traffic signal with the current SR -178 Widening Project at the new re- aligned SR -184 intersection. This signal was not part of the project initially, and was to be built later by developers when development north of this intersection occurred. However, based on Caltrans' recent experiences with modifications to the existing SR178 /SR184 intersection along with considering the proposed widening of the highway at this location, Caltrans became concerned that there would be issues with traffic trying to illegally cross SR -178 at this location and that collisions would result. Caltrans came to believe that it was important to provide a traffic signal for northbound to westbound turning movements at this intersection now, and not wait for future development to install it. To accommodate this traffic signal, TYLin had to change the design, traffic operations report and right -of -way documents as well as prepare plans for the traffic signal Itself. 2) Redesign of the storm drain system in the vicinity of the Park Palisades residential development: KPB:G: \GROUPDAT\ADMINRPT \2014 \06- 04 \TYlin Amendment 1 - Admin.doc ADMINISTRATIVE REPORT The current condition for storm water flow, for the south side of SR -178 between Comanche Drive and Miramonte Drive, co- mingles Caltrans's run -off water with that of the adjacent residential development's run -off. This run -off water eventually flows to the Kern River by crossing through various existing natural drainage channels. Towards the latter part of the design of the project, Caltrans became concerned that in the event of an extreme storm event and flooding, they could be partially held liable for downstream flooding even if most of the excess run -off water was from the residential development, In order to prevent this run -off from co- mingling, a new storm drainage system and retention basin (that does not drain to the river) needed to be designed and incorporated into the project plans by TYLin. 3) Redesign of the storm drainage system near SR -178 and Old Kern Canyon Road: There is an area of vacant land along the south side of SR -178, near the existing intersection with SR -184, which has historically had run -off drain onto SR -178. Caltrans did not want this drainage condition to continue, and required the City to add a new drainage basin and storm drain system to collect this run -off. To accommodate this request, TYLin had to do additional studies to determine the size and location of the basin and the storm drain system, and then prepare plans to construct the system. 4) Additional bore holes to determine potential infiltration of basins: After providing 20 -foot deep soil borings at the various drainage basin sites, TYLin's geotechnicai sub - consultant informed Caltrans that based on their professional expert opinion, the basins along SR -178 would not drain water by soil infiltration as there was no permeable layer of sand detected in the area. Caltrans required that this conclusion be further verified by advancing one 50 -foot deep borehole at each of the eight basin sites. Though this requirement was protested by staff, Caltrans maintained that this work was needed. (At all eight locations, no permeable layer was found and the conclusion was upheld.) 5) Additional pavement cores to identify the depth of existing pavement: Originally, 37 pavement cores were taken from the existing pavement along the project length by TYLin. This amount of cores was consistent with what would normally be required for this size of project. However, after these initial cores were obtained and submitted to Caltrans, Caltrans concluded that due to the variability of the pavement thicknesses found (because of numerous repairs and overlays to SR -178 over the past 50 years), 13 additional pavement cores would be necessary. While these added cores are an added design expense, it is hoped they will better define the existing pavement conditions and identify deficient areas now that can be shown on the construction bid plans, and thus reduce potential change orders due to unexpected pavement conditions encountered by the contractor later. KPB:G: \GROUPDAT\ADMINRPT \2014 \06- 04 \TYlin Amendment 1 - Admin.doc ADMINISTRATIVE REPORT b) Evaluating all existing driveways along SR -178 and prepare permitting documents: During preparation of construction plans, Caltrans searched their records and found that none of the existing driveways that access SR -178 today (and have for many years) in the project area have documentation that allows them to have this access. As a result, Caltrans asked the City and Tylin to prepare exhibits and permit documents for all existing properties along SR -178 in the project area so that they could grant (permit) these accesses through their processes and correct this condition. This was not identified as an issue prior to beginning design, so the work was not in the original scope of work provided by TYLin. This Amendment is funded by federal and local funds, and adequate funds have been previously budgeted to pay for the Amendment. KPB:G: \GROUPDAT\ADMINRPT \2014 \06- 04 \TYlin Amendment 1 - Admin.doc BAK ADMINISTRATIVE REPORT U ru* MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD DATE: May 19, 2014 CITY ATTORNEY A* CITY MANAGER 41Y�Z SUBJECT: Amendment No. 1 to Agreement No. 12 -154 with Quad Knopf, Inc. (no change in compensation) to extend term of agreement for one year for on -call environmental services for non - federally funded Capital Improvement Projects (All wards). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On November 28, 2012, Council approved Agreement No. 12 -154 for $100,000 with Quad Knopf (Consultant) to provide on -call environmental services for non - federally funded Capital Improvement Projects (CIP) for Fiscal Years 2012/13 and 2013/14. Sufficient funds remain in the agreement to extend the term through Fiscal Year 2014/15 with no increase to compensation. The Consultant has provided exceptional service to the City, with less than 24 -hour notice in some cases. This prompt response time is important in completing CIP projects in a timely manner. Environmental services are necessary for several Capital Improvement Projects. Examples of these services include surveying to determine if endangered species inhabit a project site or conducting training sessions for a contractor's staff to ensure that staff follows certain procedures if a kit fox comes onto the project site. The funding source for this Agreement is through budgeted CIP projects. No additional appropriations are anticipated at this time. Staff recommends extending the Agreement's term to extend through Fiscal Year 2014/15 with no change in the compensation amount. PW / Design Engineering / NSG May 19, 2014, 4:53PM G:\GROUPDAT\ADMINRPT \2014 \06- 04Wdmendment #1 to On Call Envir Agreement - rev.docx A O�ycoa014 re S ADMINISTRATIVE REPORT r MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /�J! DATE: May 23, 2014 CITY ATTORNEY CITY SUBJECT: Amendment No. 2 to Agreement No. 12 -098 with Stay Green, Incorporated; extending the contact term to December 31, 2014, and adding $200,000 (for a total not to exceed amount of $800,000) to the Annual Contract for tree trimming. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On July 18, 2012, Council approved the annual contract for providing tree trimming to Stay Green, Inc., in the amount of $300,000; renewable annually thereafter for four (4) consecutive one -year periods. On June 5, 2013, Council approved Amendment No. 1 extending the contract term one year and adding $300,000. Currently there is $42,800 available on this contract. Extending the contract expiration date and increasing the contract $200,000 will allow the Parks Division to continue with the planned tree maintenance program through the end of the 2014. This contract is a non - prevailing wage agreement; extending the term will allow the City to maximize savings for the tree maintenance program. If approved, Amendment No. 1 will extend the contract term to December 31, 2014 and add $200,000 for a revised not to exceed amount of $800,000. Funds are budgeted in the Recreation and Parks Department operating accounts within the General Fund for the tree maintenance program. Purchasing Division /ch S:\Purchasing\PURCH\ADMINWdmin 13 -14WC for Tree Trimming Amendment #2 to Agreement 12- 098.docx May 23, 2014, 8:19AM O�BAKE �coneoe,r� Rs� ADMINISTRATIVE REPORT cq1��r MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: . V TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEA DATE: May 23, 2014 CITY ATTORNE CITY MANAGE SUBJECT: Amendment No.2 to Agreement #08 -015 with Redflex Traffic Systems, Inc. for photo red light enforcement program. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On February 1, 2008, the City of Bakersfield entered into its second 5 year agreement with Redflex Traffic Systems, Inc. for digital automated red light photo enforcement cameras. Under this agreement the City pays a monthly flat fee for the twelve existing approaches. The agreement contains a provision for cost neutrality, which provides the City a safeguard from ever being required to pay Redflex more than actual cash received. The agreement also provides for an annual CPI increase and upgrades to all cameras. On July 15, 2009, the City Council approved amendment No.l to agreement #08 -015. The amendment, initiated by Redlflex Traffic Systems, Inc., deferred the monthly amount owed by $250.00 per approach ($3,000 per month), for the purpose of assisting the City with operating costs related to processing photo enforced red light citations, given the slow rate of collection at the time. The amendment also restarted the initial 5 year term of the agreement. All other provisions of the agreement remained in effect. As stated above the agreement contains a provision for cost neutrality, which provides the City a safeguard from ever being required to pay Redflex more than actual cash received, and also provides for an annual CPI increase and upgrades to all cameras. As of April 30, 2014, the average annual net revenue to the City for this program, under agreement 08- 015(1), is approximately $78,684. This number represents about 14% of gross revenue received from photo enforced red light citations. However, net revenue as cited above does not take into account officer time reviewing and citing violations, nor does it include court time. A sworn officer spends approximately 40 hours per week reviewing each red light incident, issuing citations, and appearing in court. The cost of this activity to the City is approximately $55,211, or 70% of the annual net revenue received from this program. o� �cBA r. Cn � r *w,R I,® gLIFO ADMINISTRATIVE REPORT The Photo Red light Enforcement Program has proven to be a tremendous public safety tool to reduce injury- causing accidents. Since 2003, in photo enforced red light intersections, there has been an annual average reduction of 63.41% in broadside collisions, and a 32.48% annual average reduction in rear -end collisions. The table that follows outlines the history of rear -end and broadside collisions at each of the photo enforced intersections. BAKERSFIELD PHOTO ENFORCED INTERSECTIONS TOTAL INTERSECTION COLLISION AVERAGES BEFORE AND SINCE ACTIVITATION DATE INTERSECTION ACTIVE DATE BROADSIDE (per year averages) REAR -END (per year averages) * PRE * POST %A * PRE * POST %A CHESTER/BRUNDAGE 01/01/03 9.30 3.00 - 67.74% 5.10 3.60 - 29.41% BERNARD /OSWELL 01/01/03 6.40 3.40 - 46.88% 1.90 3.50 84.21% COFFEE/TRUXTUN 03/14/03 10.40 5.50 - 47.12% 10.30 11.90 15.53% MING/VALLEY PLAZA 03/29/04 10.80 4.70 - 56.48% 4.70 4.60 -2.13% MING /REAL 04/30/04 15.60 4.70 - 69.87% 21.10 12.60 - 40.28% CALIFORNIA /OAK 11/10/04 16.80 4.50 - 73.21% 19.20 10.70 - 44.27% CALIFORNIA /NEW STINE 04/28/05 12.20 4.20 - 65.57% 14.30 11.80 - 17.48% WHITE/WIBLE 07/18/05 15.80 5.20 - 67.09% 21.80 7.90 - 63.76% TOTALS 88.00 32.20 -63.41 % 93.30 63.00 - 32.48% * Pre - Redflex data average based on 7 years prior to active date. Post- Redflex data average based on actuals through 09/30/13. The proposed amendment, exercises the right to extend the term of the agreement for up to two (2) additional, consecutive two (2) year periods following the expiration of the term of the first amendment. All other provisions of the agreement shall remain in effect. No additional funds will be required, as this program is budgeted in the Traffic Safety Fund for the proposed FY2014 -15 Budget. .. C BA E O` �MCOMOR, R ADMINISTRATIVE REPORT 1 MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: C. W. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 23, 2014 APPROVED DEPARTMENT HEAD -//-7 CITY ATTORNEY /k� CITY MANAGER SUBJECT: Amendment # 1 to Agreement # 13 -008 with Fieldman, Rolap and Associates to extend the term of the agreement for two years and add $100,000 to the contract amount for a revised not to exceed total of $225,000 for Financial planning assistance for the Thomas Roads Improvement Program (TRIP). RECOMMENDATION: Staff recommends approval. BACKGROUND: In August 2012 the City entered into a departmental agreement for $32,500 with Fieldman, Rolapp and Asssociates to serve as financial advisors to the City with regard to future TRIP financing needs, including a potential financing mechanism known as the Transportation Infrastructure Finance and Innovation Act ( TIFIA) loan. Parsons and City staff searched for financial advisors who could assist us with the application process and selected Fieldman Rolap as they had a depth of experience within their company to provide support and also had some past success with the TIFIA loan process with another Parsons client. In January 2013 the City Council approved an amendment to the original departmental contact, adding $92,500 for a new total contract amount of $125,000 to assist City staff with development of a comprehensive financial plan for the overall TRIP program. The current agreement has a remaining balance of about $15,000 and is due to expire on June 30, 2014. The City has a continued need for expert financial advisor support as we move forward with the TRIP program and eventual short term or long term borrowing needs of the City. Having a financial advisor on call for assistance will allow the City to continue monitoring, evaluating and preparing for the future borrowing needs of the City as the TRIP projects progress through construction. Staff is recommending adding $100,000 to the Fieldman contract, bringing its new total amount up from $125,000 to $225,000 and extending the term of this agreement for two years, to expire on June 30, 2016. Funds are budgeted in the Local Roads Utility Surcharge Fund for this purpose. Nks - 5/23/14 SAAccounting \Admin \Admin Reports \Admin - trip bond financing contract amendment fieldmon.doc BAK Qrt ,perol,r S ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 23, 2014 SUBJECT: Amendment No. Incorporated to compensation by the security guard 2) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1 to Agreement No. 13 -034 with Kern Security Systems, extend agreement until June 2015 and increase the $50,000, for a revised not to exceed amount of $155,000 for services provided at 18th & Eye Street Parking Garage. (Ward RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: The City owns and operates a multi -story parking structure located at 18th and Eye Streets. In April 2012 staff solicited proposals for security guard services at the facility and in May 2012 the Finance Department entered into a departmental agreement with Kern Security to provide security guard services for an amount not to exceed $40,000. In March 2013 the department agreement was amended by the City Council, extending the term to June 30, 2014 and increasing the agreement to a not to exceed amount of $105,000; thereby converting the department agreement to a Council agreement. The contract is nearing the end of its current term and the City wishes to continue providing security guard services at the 181h and Eye Street parking structure. Staff is requesting to extend the agreement to June 2015 and add additional compensation of $50,000; thus amending the total contract amount from $105,000 to $155,000. Funds are budgeted in the Parking Fund for this service. Approval of this contract amendment will allow the City to continue providing security guard services at this location through the end of the 2014 -15 fiscal year. Finance Department / Accounts Receivable / Security Guard Contract S:WccountingWdmin\Admin Reports\Admin - Ammend Kern Security 18th and Eye.doc RM:ljm May 23, 2014, 1:43PM GG BA E1� o` ycoVO;yr�+rs ADMINISTRATIVE REPORT LIF MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD ALL- DATE: May 21, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 3 to Agreement No. 13 -202 with Loop Electric, Inc. ($22,950.00; revised not to exceed $541,074.99) for the project known as: 1) Traffic Signal & Lighting System Installations at the intersections of Old Farm Road at Hageman Road and Jewetta Avenue at Hageman Road and 2) Traffic Signal Interconnect Installation on Hageman Road from Old Farm Road to Verdugo Lane (Ward 4). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists of constructing street improvements, traffic signals, and interconnect on Hageman Road. During the course of the project, the curb and gutter and adjacent asphalt concrete on the southeast corner of Hageman Road and Jewetta Avenue was installed to drain surface water to the east along Hageman Road. After installation, it was discovered that the natural drainage of the adjacent undeveloped roadway shoulders and the design of a future Kern County road widening project requires that drainage be taken to the west along Hageman Road and then south along Jewetta Avenue. This requires that the curb and gutter and the adjacent asphalt concrete be removed and replaced at a profile that correctly integrates into the future Hageman Road widening design and the area's natural drainage. The contractor has agreed to do this work at a total cost of $22,950. This is the third Change Order to be submitted for this project. This Change Order will increase the project total by $22,950 (which results in a 6.3% increase of the original contract amount) as illustrated below: • Original Contract Amount = $508,890.00 • Amended Contract Agreement after Change Orders = $541,074.99 Net Increase to date = $ 32,184.99 Sufficient funds are budgeted to fund this Change Order. This project is funded with traffic impact fees. Therefore, there is no General Fund impact associated with this Change Order. RV (Construction) May 21, 2014, 4:15PM G:\ GROUPDAT \ADMINRPT\2014 \06- 04 \CCO 3 Traffic Signal Old Farm and Hageman- Jewetta and Hageman.doc MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Nelson K. Smith, Finance Director DEPARTMENT HEAD May 19, 2014 Accept bid hundred ty Departmeni CITY ATTORNEY CITY MANAGER from CDCE, Incorporated in the amount of $490,843.75 for one lanty five (125) Panasonic Toughbook Laptops for the Police (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited from computer suppliers for Panasonic Toughbook Laptops. Ten (10) bids were received in response to the solicitation. The one hundred twenty five (125) Panasonic Toughbooks are replacement units for Police officers who use this technology in their daily field work. These current units are past their replacement dates and are beyond the warranty coverage period. Funds are budgeted in the Equipment Replacement Fund for the purchase of 125 laptops for the Police Department. Staff finds the bid submitted by CDCE, Incorporated to be acceptable. The ten (10) bids received are as follows: BIDDER AMOUNT CDCE, Incorporated, Yorba Linda, CA $490,843.75 Lehr Auto Electric, Sacramento, CA $511,000.00 Southern Computer Warehouse, Inc., Marietta, GA $527,975.59 New Tech Solutions, Fremont, CA $533,575.00 TKK Electronics, Milwaukee, WI $537,455.75 Rugged Depot, Magnolia, TX $540,156.69 VisualPro 360, Inc., Tempe, AZ $546,609.38 Howard Technology Solutions, Ellisville, MS $553,059.38 En Pointe Technologies Soles, Inc., Gardena, CA $556,527.59 Northwest Tech., Newport Beach, CA $587,862.50 Purchasing Division /kb SAPurchasing\PURCHWDMINWdmin 13 -14 \Panasonic CF31 Laptops, 13- 14 -82, June 4, 2014.docx MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 19, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ,f 1 SUBJECT: Accept bid from Carney's, Bakersfield in the amount of $64,099.83 for nineteen (19) Hewlett Packard LaserJet multifunction printers. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited from computer suppliers for Hewlett Packard multifunction printers. Eighteen (18) bids were received in response to the solicitation. The nineteen (19) Hewlett Packard LaserJet multifunction printers are replacement units for various City departments. The current units are past their replacement dates and are beyond the warranty coverage period. Funds are budgeted in the Equipment Replacement Fund for the purchase of 19 printers. Staff finds the bid submitted by Carney's, Bakersfield to be acceptable. The eighteen (18) bids received are as follows: BIDDER AMOUNT Carney's, Bakersfield, CA $64,099.83 SEHI Computer Products, Inc., San Clemente, CA $70,383.13 Daisy IT Supplies, Rancho Cucamonga, CA $70,570.01 CDW Government LLC, Vernon Hills, IL $71,353.55 Cyber Computers, Inc., Irvine, CA $73,031.25 OM Office Supply, Inc., Mechanicsburg, PA $73,883.88 Insight Public Sector, Tempe, AZ $74,956.47 Southern Computer Warehouse, Inc., Marietta, GA $75,200.11 S C Enterprises Corporation, Commerce, CA $75,658.00 CCI Technologies, Inc., San Jose, CA $77,920.90 Aprisa Technology LLC, Roslyn, NY $78,144.15 Business Service, Longboat Key, FL $78,706.72 ATMAN, Inc., El Segundo, CA $79,042.18 Howard Technology Solution, Ellisville, MS $79,964.83 Central Valley Office Supply, Inc., Delano, CA $83,263.47 Scan Technology, Gainesville, FL $84,210.85 Northwest Tech., Newport Beach, CA $88,141.00 Santek Components, Clovis, CA $89,943.37 Purchasing Division/kb SAPurchasing\PURCH\ADMINWdmin 13 -14 \HP Laseryet MFP Printers, 13- 14-83, June 4, 2014.docx A ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council ;. FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 19, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from McCain, Incorporated in the amount of $121,577.66 for traffic signal equipment. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited from suppliers for traffic signal equipment. A complete bid was received from McCain, Incorporated and partial bids were received from JTB Supply Company, Incorporated and Econolite. The bid specifications include traffic signal equipment related to two (2) new traffic signal installations as well as controller equipment to stock for immediate replacement at any intersection in the case of damage from a traffic accident. 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. Staff explored the opportunity for a split award and concluded the lowest overall cost to be McCain, Incorporated for a total bid amount of $121,577.66. A spreadsheet showing all bids received is attached. Funding sources for this purchase are a combination of federal Congestion Mitigation (CMAQ) funds, transportation development funds and general fund. Staff recommends award of the bid to McCain, Incorporated, Vista, California in the amount of $121,577.66. Purchasing DivisioNkb SAPurchasing\PURCHWDMINWdmin 13 -14 \Traffic Signal Equipment, 13- 14 -87, June 4, 2014.docx May 19, 2014 Traffic Signal Equipment BID NO. 13 -14 -87 McCain, Inc vista, CA 760 -734 -5016 760 - 734 -5064 Fax JTB Supply Co., Inc. Orange, CA 714- 639 -9498 714 - 639 -9488 Fax Econolite Anaheim, CA 714- 630 -3700 714 - 630 -5120 Fax ITEM DESCRIPTION QTY UNIT PRICE EXTENDED PRICE• UNIT I PRICE EXTENDED PRICE* UNIT PRICE EXTENDED PRICE* ITYpe 170E Controllers 3 1,219.00 3,931. No Bid 1,231. 3,969.9 Z IModel 332 Cabinet 3 5, .00 17 240.85 No Bid 4,867.00 15 696. 3 GDI Ethernet 170 Modem 12 133.00 1.715.7 No Bid 293.00 3,779.7 4 Model 412C Module w /PROM 3 167.00 538.58 No Bid 147.00 474. 5 Model 242 Isolation Module 9 27.00 261.23 31.00 299.9 32.00 309. 6 Model 200 Switch ack 36 17.00 657.90 18.00 696.6 22.00 851. 7 O licom Model 764 4 3,037.00 13 059.1 No Bid No Bid 8 O ticom Model 711 8 470.00 4.042.001 No Bid No Bid 9 O ticom Model 722 2 707.00 1.520.051 No Bid No Bid 10 10oficorn Model 768 4 331.001 1.423.301 No Bid No Bid 11 lEncom BB900S 2 1.019.001 2,1 WWI No Bid No Bid 12 lCushcraft PC9013N antenna 2 130.00 1 279.5W No Bid No Bid 13 IYagl Antenna Mount 2 11.00 23."1 No Bid No Bid 14 lEncom Polyphoser Ughting Protector 2 55.00 118.25 No Bid No Bid 15 lEncom Am phenol Connector 2 7.00 15.05 No Bid No Bid 16 Encom 4' Interface Drop cable 2 28.00 60.2 No Bid No Bid 17 800 -2500 MHz 2 way power s Ntter 2 80.00 in.56 No Bid No Bid 18 Reno PGI Module 2 57.00 122.55 71.00 152.65 No Bid 19 Reno Model C- 1100 -B -SS 4 220.00 946.001 341.00 1,466.301 576.001 2,476. 20 Eberle LM222 Detector Card 48 65.00 3,354.001 102.00 5,263.201 78.001 4,024. 21 Type 29A -5-100 Pole E =55 FT 1 8,578.00 9.221.351 11 080.00 11,911.001 No Bid 22 IType 29 -5-100 Pole E =55 FT 3 7.900.00 Z5 477. 10 728.00 34,597.801 NO Bid 23 ITYpe 23.4 -100 Pole E =35 FT 1 5,104.5 5,487. 4,721.00 5,075.081 No Bid 24 a 26A -4-100 Pole E =40 FT 1 7,234. 7,776. 8,181. 8,794.5 No Bid 25 ITYPe 26 -4-100 Pole E =45 FT 2 6.787.0W 14 592.05 8,480. 18,232.M No Bid 26 Type 17 -3-100 Pole E =20 FT 1 3,878.001 4168.85 4,240. 4,558.pq No Bid 27 IType 1A Pole Standard 8 370.00 3182.00 680.00 5,8,&A-M No Bid -Extended price includes Sales Tax 121,577.66 MEETING DATE: June 4, 2014 AGEND SECTION: Consent Calendar ITEM: W. CC. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 21, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Kern Turf Supply, .Incorporated (not to exceed $250,000) for the annual contract for irrigation parts & supplies. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Bids were solicited for the Annual Contract for Irrigation Parts & Supplies. The contract award is for a one year period; renewable annually for four consecutive one -year periods at the City's option and upon mutually agreeable terms. One bid was received from Kern Turf Supply, Incorporated, Bakersfield. Staff contacted Ewing Irrigation, a local supplier for irrigation parts & supplies and found they were interested in bidding but due to staff changes they didn't receive the bid solicitation information. Other suppliers contacted didn't bid due to their inability to maintain stock on hand for immediate pick up as required by the bid specifications. This contract requires suppliers to stock common sprinkler parts locally for pick up by City staff for repairs to irrigation systems and for new installations on small projects. Kern Turf Supply has three locations in Bakersfield with stock on hand for most common repairs. Funds are budgeted in the Recreation and Parks Department operating budget within the General Fund for this contract. Staff finds the bid from Kern Turf Supply, Incorporated to be acceptable and recommends approval of contract in the amount of $250,000. Purchasing Division/M SAPurchasing\PURMADMINWdmin 13 -14WC Irrigation Parts & Supplies, 13- 14 -84, June 4, 2014.docx MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 28, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Cen -Cal Construction, Bakersfield (not to exceed $428,300) for the construction of HUD curb and gutter for E California Area. (Ward 1, 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited from contractors for the construction of curbs, gutters and sidewalks in the areas of the city receiving HUD funding. This contract will provide for curb, gutter and sidewalk construction for E California area. Three (3) bids were received in response to solicitation. The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit price. Funds are allocated in the Community Development Block Grant Entitlement for this contract. There is no General Fund impact associated with this contract. The three (3) bids received are as follows: 1117. •IiIiq Cen -Cal Construction, Bakersfield $428,300 DOD Construction, Bakersfield $485,500 Jim Alfter Cement Contractor, Bakersfield $496,500 Staff finds the low bid submitted by Cen -Cal Construction, Bakersfield, to be acceptable and recommends approval of contract in the amount of $428,300. Purchasing Divisiorift S:\Purchasing\PURCH\ADMIN\Admin 13 -14 \Contract for HUD - Funded Curb and Gutter E Califomis Area, 13- 14-81, June 4, 2014.docn May 28, 2014, 8:13AM BA ..,�Rs ADMINISTRATIVE REPORT c Lt otv MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: 9_ pa TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nick Fidler, Acting Public Works Director May 22, 2014 APP- DEPARTMENT HEAD 4-- CITY ATTORNEY CITY MANAGER Accept bid and approve contract to SAK Construction, LLC ($1,439,072.00) for the Sewer Rehabilitation, Gosford Road Trunk Sewer, Phase 2 (Ward 5 & 6). RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: The original Gosford Road Trunk Sewer was constructed in 1983. In 2007, the City hired Harris and Associates (Consultant) to perform a study of the condition of this trunkline and found that several sections were badly deteriorated due to the high amount of hydrogen sulfide gas in the pipeline. The Consultant recommended placing a Cured -In -Place -Pipe (CIPP) pipeliner and repairing or replacing the manholes as necessary. This pipeliner project went out to bid in 2008 in two components: 1) base bid from Panama Lane North to District Blvd. and 2) additive alternate bid from McCutchen Road to Panama Lane. Due to insufficient funding at the time of bid, only the base bid was awarded. This second phase of the project (from McCutchen Road to Panama Lane) will rehabilitate the sewer pipeline along this section using CCIPP pipeliner along with manhole rehabilitations. This project is funded entirely with Sewer Enterprise Funds. Since these are local funds, the provisions of Resolution 122 -12 apply to this project. The Contractor is exempt from prevailing wage rates. The Engineer's Estimate for this construction project was $2,420,000. Sufficient funds are available to award this contract. On May 20, 2014, a total of five bids were received; all of those bids are acceptable. Those acceptable bids are as follows: SAK Construction, LLC 864 Hoff Road O'Fallon, MO 63366 Insituform Technologies, LLC 17988 Edison Ave. Chesterfield, MO 63005 in the amount of in the amount of PW /Design Engineering/ M/EM03 G:\GROUPDAT\ADMINRPT\2014\Admin—E7KlO3—Gosford Road Trunk Sewer, Phase 2 5/20/2014 3:13 PM $1,439,072.00 $1,692,006.20 ADMINISTRATIVE REPORT Michels Corporation dba Michels Pipeline Construction 1715 16th St. SE Salem, OR 97302 in the amount of $1,814,814.00 Southwest Pipeline & Trenchless Corp. 22118 S. Vermont Ave. Torrance, CA 90502 in the amount of $2,240,236.00 Kenny Construction Company 2215 Sanders Road, Suite 400 Northbrook, IL 60062 in the amount of $2,588,299.00 Since the project is funded with Sewer Enterprise funds, there is no General Fund impact associated with this project. PW /Design Engineering /BWUK103 G:\ GROUPDATWDMINRPT\2014 Wdmin_E7K103_Gosford Road Trunk Sewer, Phase 2 5/20/2014 3:13 PM BAKE O� wvoe,re RS ADMINISTRATIVE REPORT L1F0 MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nick Fidler, Acting Public Works Director May 15, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Accept bid and approve contract to Crosstown Electrical and Data ($450,872.50) for the Install Traffic Signal Synchronization - Part 4 project. (Wards 2, 3, 4, & 5) RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project will install traffic signal interconnect conduit, wiring, and monitoring cameras along Gosford Road between White Lane and Stockdale Hwy, and along Coffee Road between Stockdale Hwy and Hageman Road. With this new interconnect installed, traffic signal timing along this segment can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This project is 88.53% federally funded through the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47% locally funded through gas tax funds. Because this project includes federal funding, this project is subject to prevailing wages. The Engineer's Estimate for this construction contract was $533,170. On April 15, 2014, a total of two bids were received; all of these bids are acceptable. The acceptable bids are as follows: Crosstown Electrical & Data 5463 Diaz Street Irvindale, CA 91706 in the amount of $450,872.50 A -C Electric Company 315 30th Street Bakersfield, CA 93301 (City) in the amount of $641,530.00 Sufficient funds are budgeted to award the contract. Since CMAQ and gas tax funds provide the funding sources for this project, there is no General Fund impact associated with this project. JU G: \GROUPDAT\ADM I N RPT\ 2014\ 06- 04\Admin_T2K210_SynchPart4.d0c May 15, 2014, 3:29PM MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: WW TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: May 23, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY-7� CITY MANAGER SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling $100,904.92 and forward non bankrupt accounts to a collection agency for additional collection efforts. RECOMMENDATION: Staff recommends approval. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive costs. Accounts not involving bankruptcy will be forwarded to a collections agency (H.P. Sears) for further action. Historically 5 -7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) $54,172.19 Residential Sewer Service & Solid Waste (Refuse) 1,176.45 Risk Management (Property Damage Claims) 19,757.58 Police (Alarm Violations & Misc. Activity) 15,431.74 Fire & Fire Safety (Environmental Services) 5,484.04 Other 4,882.92 $100,904.92 The recommended write off amount is about 0.0014% of total billing, approximately 1/10 of 1 %. The private sector uses 1 -2% as an acceptable write off benchmark. Bankruptcy proceedings make up 45.32% ($45,730.12) of the write off amount. In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 30 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority attention. 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Z 0 D C W w n Z r n 'p 0 I II i I I cn o o z 0-A r d cOn v O w O ON)Ul N 000 W�WWCOOW DDDDZDDp Z z z z z D z z W x 7 n 50 50 cccamcc n p 000 C7 C7 C7 00 z N I n n ---I m D I W r m O�BAKE �CO0.POF�T��S� ADMINISTRATIVE REPORT 9LIF0 MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar ITEM: S TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director May 22, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Receive and file successor agency payments from May 9, 2014 to May 22, 2014 in the amount of $2,896.65 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: APPROVED The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months for approval. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency. A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #591217 to Brown & Fowler Construction for $421.65 is a payment for work performed in completion of the Sister City Garden Phase B project. Payment approved as ROPS line item #29. Check #591263 to US Bank Trust NA for $2,475.00 is a payment for COP Series A & B administrative fees. Payment approved as ROPS line item #5. SAAccounting0awn TI Admin - Council\2014 \COUNCIL - ADMIN- SA- 2014WDMIN —SA 06- 04- 14.doc BA OF VOR� S ADMINISTRATIVE REPORT c 0 MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD DATE: May 19, 2014 CITY ATTORNEY CITY MANAGE SUBJECT: Consolidated Maintenance District (CMD) - All Wards: 1. Protest hearing as required by Resolution of Intention No. 1788 regarding the park landscaping assessments for the CMD. 2. Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2014 -2015 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1788 on May 7, 2014, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2014- 2015 park landscaping budget for the CMD. This Resolution also set the protest hearing date for June 4, 2014. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit including tier level; the amount of the park landscaping assessment on any parcel of property to be assessed; and the reservation by the City of right to elect whether to proceed to perform work by the City forces or by a private contractor. This Resolution confirms the 2014 -2015 CMD park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. All parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No. 019 -05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain at their current level of assessment. Resolution of Intention No. 1788 and its exhibits for the CMD including the Public Works Director's Report, the 2014 -2015 Budget, the Benefit Formula and the Assessment Roll are on file in the City Clerk's Office. Ps G: \GROUPDAT \ADMINRPT \2014 \06- 04 \Admin Res Est Park CMD 14- 15.docx � A+, 'S ADMINISTRATIVE REPORT c 1 MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: Q, b. TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD &:: DATE: May 19, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Consolidated Maintenance District (CMD) - All Wards: 1. Protest hearing as required by Resolution of Intention No. 1789 regarding the street and median landscaping assessments for the CMD. 2. Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2014 -2015 budget, confirming the street and median landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1789 on May 7, 2014, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2014- 2015 street landscaping budgets for the CMD. This Resolution also set the protest hearing date for June 4, 2014. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit including tier level; the amount of the street landscaping assessment on any parcel of property to be assessed; and the reservation by the City of right to elect whether to proceed to perform work by the City forces or by a private contractor. This Resolution confirms the 2014 -2015 CMD street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. All parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No. 019 -05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain at their current level of assessment. Resolution of Intention No. 1789 and its exhibits for the CMD including the Public Works Director's Report, the 2014 -2015 Budget, the Benefit Formula and the Assessment Roll are on file in the City Clerk's Office. Ps G: \GROUPDAT \ADMINRPT \2014 \06- 04 \Admin Res Est Street CMD 14- 15.docx MEETING DATE: June 4,. 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: q . C. TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 19, 2014 SUBJECT: Traffic Signal Maintenance Districts - All Wards: APPROVED DEPARTMENT HEAD �( CITY ATTORNEY T\`� CITY MANAGER 1. Protest hearing as required by Resolution of Intention No. 1790 regarding the assessments for 19 Traffic Signal Maintenance Districts. 2. Resolution approving and adopting the Public Works Director's Report for the Traffic Signal Maintenance Districts and the 2014 -2015 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1790 on May 7, 2014, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2014 -2015 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for June 4, 2014. Traffic signal assessment rates were increased for the 2014 -2015 fiscal year. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. This hearing is to hear protests only on the following: the fairness of the benefit formula; the amount of the assessment on any parcel of property to be assessed; and the reservation by the City of right to elect whether to proceed to perform work by the City forces or by a private contractor. This Resolution confirms the 2014 -2015 Traffic Signal Maintenance Districts' assessments and authorizes collection of the assessments by the Kern County Tax Collector. On September 28, 1994, the City Council passed Resolution No. 161 -94 adopting Council Policy on Traffic Signal Maintenance Assessments which enables the City to collect additional revenue for the maintenance and operation of traffic signals within a TSMD. Resolution of Intention No. 1790 and its exhibits for the Traffic Signal Maintenance Districts including the Public Works Director's Report, the 2014 -2015 Budgets, the Benefit Formula and the Assessment Roll are on file in the City Clerk's Office. Ps G: \GROUPDAT \ADMINRPT \2014 \06- 04 \Admin Res Est TS MD 14- 15.docx 0�BAKER OPPU9AJ D 'S ADMINISTRATIVE REPORT IF'O MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar Hearing ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD_ DATE: May 22, 2014 CITY ATTORNEY 1 CITY MANAGER SUBJECT: A public hearing to consider the Resolution of Intention ordering the vacation of a strip of right -of -way 6 1/2 feet wide along south side of the alley west of V Street between 20th Street and 215' Street within Block 216 and 217 of Godey Tract (Ward 2). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The property owner, Golden Empire Affordable Housing, is developing a housing project at 400 20th Street, south of the alley west of V Street between 20th Street and 21 st Street. They have requested that 61/2 feet of the alley be vacated so that they may use it as part of their parking lot. Staff has determined that the reduction of the existing 33' wide alley to a 26.5' wide alley is adequate for public right -of -way purposes. The alley currently is not a through alley and only serves the adjacent property owners. The City Fire, Police, Public Works, and Community Development departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is City sewer but no storm drain facilities in this area. The utility companies serving the area have been notified by mail. Utilities are located in the alley to be vacated; therefore, a Public Utility Easement will be reserved. Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. On March 7, 2014, the Planning Department found the proposed vacation of a strip of right -of- way 6 1/2 feet wide along south side of the alley west of V Street between 20th Street and 21st Street within Block 216 and 217 of Godey Tract to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1780 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of May 7, 2014. Notice of this public hearing has been duly advertised and posted as required by law. Tc G: \GROUPDAT \ADMINRPT \2014 \06 -04 \20th and 21st Alley - R011780 Final -Ad min Report.doc A ADMINISTRATIVE REPORT U t7 MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Art Chianello, Water Resources Manager May 22, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Public hearing to consider an adjustment to the Water Availability Fee for the City of Bakersfield Domestic Water system. (Portions of Wards No. 4, 5, 6 & 7) 1. Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven, and Riverlakes Ranch service areas of City of Bakersfield Water System. RECOMMENDATION: Water Board recommends adoption of resolution. BACKGROUND: California Government Code Section 66016 requires that increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. It also requires a local agency to hold at least one open and public meeting regarding the increase. A public hearing to accept testimony regarding the fee increase is scheduled to be held before the Council of the City of Bakersfield on Wednesday, June 4, 2014. A notice of public hearing on the proposed increase in the domestic Water Availability Fee on the City of Bakersfield Domestic Water System was published twice in the local general circulation newspaper on May 20th and May 25th. As of May 22, 2014, the City Clerk and or Water Resources Department have not received any letters protesting or commenting on the fee increase. Per Bakersfield Municipal Code Section 14.04.120 (B), each fiscal year the Water Availability shall be adjusted by the Construction Cost Index defined in the Bakersfield Municipal Code Section 15.84.030. The fee shall be adopted by resolution of the City Council following a noticed public hearing. The current Water Availability Fee charged to ensure water will be available for new development (cost of funding water well construction, water mainline extensions etc.) is $5,824 per acre. The per acre fee is equivalent to an increase in the one -time charge of $32.50 on a single family dwelling. The new Water Availability Fee is to be set at $5,938 per acre to offset increased cost over last year. The new fee will increase 1.96% and is proposed to be effective July 1, 2014. The fee has not been adjusted since June 1, 2013. The proposed increase in the water availability fee was presented by Water Resources staff to the Water Board at its April 23, 2014 public meeting. The Water Board unanimously approved the fee increase and recommended that the resolution be forwarded to the City Council for adoption. S: \2014 ADMIN REPORTS\2014 5 22 June 4 Avail Fee.doc \MR c� - (�..'�11iNglo- � c ADMINISTRATIVE REPORT MEETING DATE: June 4, 2014 AGENDA SECTION: Consent Calendar Hearing ITEM: TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 22, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Resolution determining that the Hosking Avenue and State Route (SR) -99 Interchange Project be classified as substantially complex for purposes of Public Contract Code Section 7201, and authorizing the increase of the retention from five percent to ten percent. (TRIP) (Ward 7) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A retention is a contractual withholding of money by the City to cover any unexpected expenses, such as liens or poor workmanship, that may occur before the project is completed and accepted. The standard procedure is to pay the retention to the contractor once the following occurs: work is completed, the contractor provides the maintenance bond, the City accepts the project, and the lien period expires. Section 7201(b) of the Public Contract Code provides that retention proceeds withheld from any payment by a public entity from the original contractor of a project shall not exceed five percent of the payment. This section further states that in no event shall the total retention proceeds withheld exceed five percent of the contract price. However, Section 7201(b)(4) of this Code also provides that an awarding agency may withhold in excess of five percent on specific projects where the governing body has approved a finding during a properly noticed and normally scheduled public hearing, held prior to bidding the project, that the project is substantially complex and therefore requires a higher retention amount than five percent. The awarding entity must include both this finding and the actual retention amount in the bid documents. The finding of a substantially complex project is based on the number of the various disciplines and trades involved in the construction of the project. For this project, staff is recommending a retention of ten percent based upon the City's past practices. Therefore, staff recommends the Hosking Avenue and SR -99 Interchange Project, a TRIP Project, be classified as a complex project, and the retention be increased from five percent to ten percent. There is no fiscal impact to the City for increasing the retention from five percent to ten percent for substantially complex projects. TDW: G: \GROUPDAT\ADMINRPT \2014 \06- 04 \Hosking Substantially Complex - Admin.docx BAKE ADMINISTRATIVE REPORT mY, +� F MEETING DATE: June 4, 2014 AGENDA SECTION: Public Hearings ITEM: TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 29, 2014 SUBJECT: DEPARTMENT HEAD CITY CITY APPROVED Public Hearing for the Fiscal Year 2014 -2015 Operating and Capital I Program Budgets RECOMMENDATION: Staff recommends Council hear public testimony. BACKGROUND: ment Each year, a public hearing is required to receive public comment prior to adoption of the budget. The FY 2014 -15 Budget is proposed at $621,609,682 which is comprised of a $438,647,000 Operating Budget and an $182,962,682 Capital Improvement Budget. Final adoption of the budget is scheduled for June 25, 2014. AT:ch:al S: \14 -15 BUDPRO \Budget Admins, Resos \Budget Hearing 06.05.13 - Operating, CIP,docx BA 4 ADMINISTRATIVE REPORT 0 MEETING DATE: June 4, 2014 AGENDA SECTION: Hearing ITEM: 0 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council r_ Nick Fidler, Acting Public Works Director DEPARTMENT HEADC k May 29, 2014 CITY ATTORNEY CITY MANAGER APPROVED Residential and Commercial Sewer Fees (All Wards): 1. Resolution adopting the Wastewater Revenue Program Update and change in methodology of sewer surcharge calculations and rates. 2. Resolution providing for the collection of residential and commercial sewer and storm sewer service user charges by the Kern County Auditor - Controller's Office. RECOMMENDATION: Staff recommends adoption of Resolutions. BACKGROUND: SUMMARY: Sewer user fees include a flat rate that is billed to all residential and commercial customers. Flat rates are collected on the property tax roll. Commercial customers are also assessed surcharge fees when actual water flow exceeds their flat rate base. Tonight's agenda item has no impact on residential and commercial sewer user flat rates for Fiscal Year 2014/15. The first Resolution for this agenda item includes a recommendation to adopt the Wastewater Revenue Program Update (Update). This Update includes a proposal to simplify surcharge calculations for commercial customers subject to surcharges. Of the approximately 4,400 commercial customers, about 1,700 are subject to surcharges. The second resolution on this agenda item allows the Kern Auditor - Controller's Office to collect residential and commercial sewer flat rate charges on the property tax bill. ITEM 1: At the March 5, 2014 meeting, Council approved the mailing of Proposition 218 notices to commercial customers notifying them of the proposed change in sewer surcharge calculations. In addition, the Proposition 218 mailing provided notice that a public hearing accepting testimony on this item was scheduled for the June 4, 2014 Council meeting. Staff has included a copy of the March 5, 2014, Administrative Report as additional information for tonight's Agenda Item. As of the date of this Administrative Report, the Clerks' Office has received no written protests. In addition, staff has received 17 calls - all of which were general inquiries. No calls received as of the date of this Administrative Report were against the proposed change in methodology for calculating surcharges. Notices were mailed to 4,382 sewer commercial customers. Rp G:\ GROUPDAT \ADMINRPT\2014 \06- 04 \Admin Rpt WW Rev Program - revised 2 REB +RP.docx The Wastewater Revenue Program must be updated periodically to ensure continued compliance with state requirements. The purpose of a Revenue Program is to ensure sufficient revenue is collected to fund operations, debt service, reserve requirements, and capital improvements of the City's wastewater treatment and collection system. In addition, a Revenue Program also ensures sewer fees do not exceed a user's proportionate share of costs to treat wastewater at the City's two plants. Council adopted the last Wastewater Revenue Program Update on May 16, 2001. Because the current Revenue Program is over 13 years old, staff has submitted a proposed update to the Revenue Program for Council consideration. The table of contents of the Revenue Program Update provides a summary of the information included in the report. If approved, the attached Resolution adopts the proposed Wastewater Revenue Program Update. This Update includes the following recommendations: • Simplify sewer surcharge calculation - Change in methodology for calculating sewer surcharges for those commercial users subject to surcharges; • Assign surcharge rate to hospitals - Inclusion of hospitals in surcharge calculations (only hospitals with flow exceeding baseline allowances will be subject to surcharge); • Establish new rate codes - Addition of two new rate codes for "Shopping Center with Restaurants or Market" and "Hotel, Motel, RV Park with Restaurant;" • Adjust wastewater characteristics assigned to a single - family residence - no rate increases proposed for residential users for Fiscal Year 2014/15. Simplify sewer surcharge calculation - The current method of calculating sewer surcharge for commercial users is complicated and difficult to explain to users. The current method uses three separate rates (flow, biological oxygen demand, and total suspended solids) and complicated wastewater conversions to calculate annual surcharges. This Update recommends simplifying the methodology of calculating surcharges by using a single rate for commercial user groups based upon the strength of the wastewater treated at the plants. Of the approximately 4,400 commercial customers, about 1,700 annually exceed their baseline flow and will be subject to surcharge. Changes in annual water use is the predominant reason surcharges vary from year to year for any customer. As previously noted, of the 1,700 commercial customers subject to surcharge, most customers experience swings from year to year because water consumption may dramatically change from year to year. Staff projects of the 1,700 customers (89 %) will see an increase or decrease of less than 5% or less than $100 in the first year of implementation. The remaining 1 1 % of customers (approximately 190 customers) will experience an increase or decrease of more than 5% and more than $100. For the customers that see a significant increase (approximately 50 customers), staff recommends a five -year implementation period to minimize disruption to these ratepayers. Assign surcharge rate to hospitals - Hospitals are currently assessed sewer flat rate charges based on number of beds. Hospital water use varies significantly. Therefore, to ensure this user group pays their proportionate share of fees, staff proposes to calculate fees for this group based on water consumption. This will make all hospitals subject to surcharge fees. Wastewater Rp G: \GROUPDAT \ADMINRPT \2014 \06- 04 \Admin Rpt WW Rev Program - revised 2 REB +RP.docx staff contacted representatives from each of the impacted hospitals to discuss the proposed changes. Establish new rate codes for surcharge fees to "Hotels, Motels, Recreational Vehicles Parks with Restaurants" and "Shopping Centers with Restaurants" - Sewer surcharge for "shopping centers with restaurants or markets" and "hotels, motels, RV parks with restaurants" are currently calculated using restaurant strength characteristics. Sampling data of hotels with restaurants and shopping centers with restaurants or markets indicates that wastewater strength for these users is lower than a restaurant. Staff recommends creating new rate codes for these user groups. The new rate codes are required in order to adopt the simplified surcharge methodology. Adjust wastewater characteristics assigned to a single - family residence - Sewer user fees are based on three unique characteristics. The three characteristics are: • Water Flow - wastewater treated at the Plants • Biological Oxygen Demand (BOD) - measures strength (concentration) of wastewater • Total Suspended Solids (TSS)- represents amount of particulate matter in wastewater The current average residential discharge characteristics adopted as part of the 2001 Revenue Program are 300 gallons per day flow, 225 mg /L BOD and 180 mg /L TSS. These residential characteristics should be adjusted to reflect lower flow because of the prevalence of low -flow devices. However, the strength (measured as BOD and TSS) of the wastewater has increased because the wastewater is less diluted. Residential wastewater characteristics should be adjusted to 250 gallons per day flow, 250 mg /L BOD and 250 mg /L TSS. Staff recommends a five -year implementation period for single - family characteristics to minimize spikes to users. As previously indicated, no residential flat rate adjustment is proposed for Fiscal Year 2014/15. ITEM 2: This Resolution authorizes the Kern County Auditor - Controller's Office to collect residential and commercial sewer flat rate charges on the property tax bill. This Resolution is an annual requirement to allow for the collection of flat rate charges on the property tax bill. Surcharges are billed by City staff; therefore, surcharges are not a part of this Resolution. Rp G: \GROUPDAT \ADMINRPT \2014 \06- 04 \Admin Rpt WW Rev Program - revised 2 REB +RP.docx MEETING DATE: June 4, 2014 AGENDA SECTION: Reports ITEM: I jL, TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 19, 2014 SUBJECT: Department Budget Presentations 1. Community Development 2. Water Resources Department DEPARTMENT HEAD CITY ATTORNEY, CITY MANAGER BACKGROUND: Staff from the Community Development and Water Resources Departments, will provide a detailed overview of their FY 2014 -15 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. AT :ch:al 5/29/14 S:\14 -15 BUDPRO \Budget Admins, Resos \Budget Presentation 06,04.14- CD, WR.docx BAKE d ADMINISTRATIVE REPORT Lv� L� MEETING DATE: June 4, 2014 AGENDA SECTION: Reports ITEM: I , b TO: Honorable Mayor and City Council APPROVED r FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD _ DATE: May 29, 2014 CITY ATTORNEY V4- CITY MANAGER SUBJECT: Update on City Water Supply and Conservation Efforts. (All Wards) RECOMMENDATION: Staff recommends the report be received and filed. BACKGROUND: At the May 21, 2014 City Council Meeting, Councilmembers Johnson, Maxwell, and Rivera requested that staff return to the next Council meeting with a presentation regarding City water supply, triggers for water conservation, status of City's conservation efforts and what other cities are doing regarding water conservation. A PowerPoint presentation has been prepared that discusses these requests. AC sA2014 admin reports \maxwell, johnson and rivera referral id 490.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 21, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting - 2:00 p.m., and Regular Meeting - 5:15 p.m. SPECIAL MEETING - 2:00 p.m. 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent: Mayor Hall 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (1) for the following: City v. Kern County, et al., Kings County Superior Court Case No. 13 C 0180. 2. Citizens Against The 24th Street Widening Project v. City, et al., Kern County Superior Court Case No. S- 1500 -CV- 281556, KCT. 3. City v. All Persons Interested in the Matter, etc., Kern County Superior Court Case No. S- 1500 -CV- 280593, DRL. 4. Gary Willis v. City, et al., USDC Case No. CV -04 -06542 AWI LJO. 5. Truxtun Court Partners, et al. v. City, et al., Kern County Superior Court Case No. S- 1500 -CV- 278941, SPC. ACTION TAKEN Bakersfield, California, May 21, 2014 - Page 2 3. CLOSED SESSION continued ACTION TAKEN b. Conference with Legal Counsel - Initiation of Litigation; Close Session pursuant to Government Code Section 54956.9 (d) (4) (two potential issues). C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 2:02 p.m. AB HALL Motion by Vice -Mayor Weir, at 5:08 p.m., to continue APPROVED the meeting until after the conclusion of the 5:15 p.m. AB HALL Regular Meeting. The meeting was reconvened at 8:47 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (1) for the following: 1. City v. Kern County, et al., Kings County NO REPORTABLE Superior Court Case No. 13 C 0180. ACTION 2. Citizens Against The 24th Street Widening NO REPORTABLE Project v. City, et al., Kern County ACTION Superior Court Case No. S- 1500 -CV- 281556, KCT. 3. City v. All Persons Interested in the NO REPORTABLE Matter, etc., Kern County Superior Court ACTION Case No. S- 1500 -CV- 280593, DRL. 4. Gary Willis v. City, et al., USDC Case NO REPORTABLE No. CV -04 -06542 AWI LJO. ACTION 5. Truxtun Court Partners, et al. v. City, et STAFF WAS GIVEN al., Kern County Superior Court Case DIRECTION No. S- 1500 -CV- 278941, SPC. Bakersfield, California, May 21, 2014 - Page 3 4. CLOSED SESSION ACTION continued ACTION TAKEN b. Conference with Legal Counsel - Initiation of Litigation; Close Session pursuant to Government Code Section 54956.9 (d) (4) (two potential issues). City Attorney Gennaro announced that, APPROVED regarding the High Speed Rail matter, the City NOES RIVERA Council reaffirmed its direction of October 2012 AB HALL and authorized the City Attorney to file a CEQA lawsuit in connection with the EIR /EIS on the Fresno to Bakersfield alignment certified recently by the High Speed Rail Authority. City Attorney Gennaro announced that, APPROVED regarding the Medical Marijuana matter, the AB HALL City Attorney was authorized to file appropriate legal action against five medical marijuana dispensaries if they fail to abide by the cease and desist letters. C. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code Section 54957.6. DIRECTION 6. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 9:30 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 -5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None Bakersfield, California, May 21, 2014 — Page 4 2. INVOCATION by Minister Cathy Shelton, Cornerstone ACTION TAKEN Church. 3. PLEDGE OF ALLEGIANCE by Jasmine Balboa, 5th grade student at McAuliffe Elementary School. Mayor Hall acknowledged the students from the Ridgeview High School Government class and the California State University, Bakersfield, Communications class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to David K. Cohn, Managing Partner, and Matthew C. Clark, Partner, representing the law firm of Chain /Cohn /Stiles, for providing sponsorship funding to support the cooperative effort by the City, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages. Messrs. Cohn and Clark accepted the Certificate and made comments. b. Presentation by Mayor Hall of a Proclamation to On Man Lau, President of the American Public Works Association, Central California Chapter, Kern Branch, declaring May 18 -24, 2014, as National Public Works Week. Mr. Lau accepted the Proclamation and made comments. C. Presentation by Mayor Hall of an Award of Merit conferred by the California Association for Local Economic Development Awards of Excellence Program to the Greater Bakersfield Convention and Visitors Bureau for outstanding efforts and achievements in economic development advertising, marketing and promotion during 2013. Convention and Visitors Bureau Manager Lyman and Marketing & Events Specialist Glasco accepted the Award and made comments. Bakersfield, California, May 21, 2014 — Page 5 5. PUBLIC STATEMENTS ACTION TAKEN a. Curtis James Bingham, Sr., spoke regarding increasing law enforcement and new fire trucks for the Fire Department. b. The following individuals spoke regarding the Westside Parkway: Pam Binns, expressed her concerns about the absence of a sound wall from Allen Road to Jenkins Road (submitted written material); Kristen Cimental, supports a sound wall along the edge of the freeway from Allen Road to Renfro; and John Mudryk, requested a sound wall at San Simeon. Councilmember Smith advised that he is meeting with staff and Supervisor Couch to try and determine if any additional mitigation is necessary with regard to noise, contours, and the Federal requirements along the Parkway, and will treat everyone equally. C. Marc Caputo spoke regarding the Centennial Corridor Project Validation Action, and suggested putting the funding of the Centennial Corridor Project to the voters. 6. WORKSHOPS a. Department Budget Presentations: 1. Fire Department Chief Greener made staff comments and provided a PowerPoint presentation. 2. Police Department Chief Williamson made staff comments and provided a PowerPoint presentation. Vice -Mayor Weir asked that staff provide a report of the adoption percentages which compares the rates of adoptions from the old shelter with those of the new Animal Care Center. 7. APPOINTMENTS None. 8. Bakersfield, California, May 21, 2014 - Page 6 CONSENT CALENDAR Minutes: a. Approval of minutes of the May 7, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from April 25, 2014, to May 8, 2014, in the amount of $8,977,693.11 and self- insurance payments from April 25, 2014, to May 8, 2014, in the amount of $279,709.31, totaling, $9,257,402.42. Ordinances: C. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Amending Chapter 5.45 relating to Sidewalk Pushcart Food Vendors. 2. Amending Section 5.26.040 relating to Regulations for Hotels and Lodginghouses. 3. Amending Chapter 5.56 relating to Transient Outdoor Business Licenses. 4. Amending Section 10.69.040 relating to Special Events in Residential Zones. 5. Amending Section 12.20.035 relating to Encroachment Permits. 6. Amending Section 14.12.390 relating to Sewer Connection Fees. 7. Amending Section 14.20.020 relating to Health Officer Approval of Sewer Systems. 8. Amending Section 16.32.040 relating to Amount of Security for Subdivision Improvements. 9. Amending Section 16.32.100, Subsection B relating to Survey Requirements - Monuments. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION S. Bakersfield, California, May 21, 2014 — Page 7 CONSENT CALENDAR continued Item 8.c. continued 10. Amending Section 17.08.180 relating to Fence, Walls and Hedges. 11. Amending Section 17.59.030, Subsection C relating to Fencing for Wireless Telecommunications Facilities. 12. Amending Section 17.66.030 relating to Maximum Grade of Streets and Other Easements. d. Adoption of Ordinance updating previously adopted Ordinance No. 4511 that changed the zone district from C -2 to C -2 /PCD (ZC 07 -2098) on approximately 47.65 acres for the Riverwalk Commercial Center located along the north side of Stockdale Highway between Calloway Drive and Buena Vista Road. (ZC No. 14 -0061 McIntosh & Associates, representing Castle & Cooke Commercial -CA). (FR 041 16/ 14) Resolutions: e. Resolution adopting the Investment Policy of the City. f. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 2014 -15 ($221,356) for the maintenance of the Bakersfield Amtrak Station during said fiscal year. g. Resolution approving the application for $127,000 in grant funds from the Remove II Program administered by the San Joaquin Valley Air Pollution Control District for installation of five miles of signing and marking on both sides of Harris Road from Wible Road to Gosford Road and from Gosford Road to Buena Vista Road. ACTION TAKEN ORD 4769 RES 065 -14 RES 066 -14 RES 067 -14 8. Bakersfield, California, May 21, 2014 - Page 8 CONSENT CALENDAR continued ACTION TAKEN h. Resolution approving the application (not to RES 068 -14 exceed $150,000) in grant funds from the Title XVI Water Reclamation and Reuse Program administered by the United States Bureau of Reclamation to conduct feasibility studies for water reclamation and reuse programs at Wastewater Treatment Plant No. 3. i. Sewer connection and construction fees assessment for 112 Candy Street: 1. Resolution confirming assessments for RES 069 -14 sewer connection and construction and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with David Preston Heisler, to AGR 14 -074 pay sewer connection and construction fees through the Kern County Tax Collector. j. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report for each: 1. Area 1 -100 (Tentative Tract 7218 - RES 070 -14 southeast corner of Olive Drive and Rudd Avenue) 2. Area 1 -101 (northeast corner of Reina RES 071 -14 Road and Santa Fe Way) 3. Area 1 -102 (2620 Mosasco Avenue) RES 072 -14 4. Area 2 -57 (southwest corner of Ming RES 073 -14 Avenue and Renfro Road) 5. Area 2 -58 (McNair Lane and Ride Street) RES 074 -14 6. Area 3-91 (Compagnoni Street and Taft RES 075 -14 Highway) 7. Area 4-119 (5645 Auburn Street) RES 076 -14 8. Bakersfield, California, May 21, 2014 - Page 9 CONSENT CALENDAR continued ACTION TAKEN k. Resolutions of Intention 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. 1791 adding Area 1 -96 ROI 1791 (Birchhaven Avenue and Jewetta Avenue) 2. ROI No. 1794 adding Area 3 -92 ROI 1794 (Tentative Tract 7243 on the eastside of Old River Road, south of Berkshire Road) 3. ROI No. 1795 adding Area 4 -120 (900 H ROI 1795 Street) 4. ROI No. 1796 adding Area 4 -121 (3728 ROI 1796 Arrow Street) Agreements: Agreement with GRC Associates, Inc. ($76,000), REMOVED FOR for assistance in the preparation of the SEPARATE 2010 -2015 Consolidated Plan, the Annual CONSIDERATION Action Plan, the Citizen Participation Plan, and the Analysis of Impediments to Fair Housing Choices for the U.S. Department of Housing and Urban Development. M. Agreement with William Avery and AGR 14 -076 Associates, Inc., Fiscal Years 2014/2015 ($49,800) and Fiscal Years 2015/2016 ($49,800), for labor negotiation and consulting services. n. Agreement with Hanna, Brophy, MacLean, AGR 14 -077 McAleer & Jensen (not to exceed $320,000 for a two year period with an additional option year) for Worker's Compensation Legal Defense Services to be utilized at the City's discretion. o. Agreement with Duane Morris, LLP, for Fiscal REMOVED FOR Years 2014/2015 ($1,000,000), 2015/2016 SEPARATE ($1,125,000), 2016/2017 ($1,500,000) for legal CONSIDERATION services regarding water related matters. P. Design Consultant Agreement with RRM Design AGR 14 -078 Group ($515,030) for engineering design services for the Sports Village Phase 3 Project. Bakersfield, California, May 21, 2014 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN q. Utility Agreement with AT &T ($282,199.14; Roads Program Utility /Surcharge Fund) for the relocation of overhead telecommunications facilities in advance of the State Route 178 Widening Project. (TRIP) Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the Beltway Operational Improvements Project. (TRIP) S. Agreement between City and Kern County Water Agency Improvement District No. 4 (not to exceed $385,000) for a supplemental dry year water supply. State Route 99 at Hosking Avenue Interchange Project: (TRIP) 1. Amendment No. 3 to Agreement No. 07 -132 with Parsons Transportation Group, Inc. ($251,838.70; revised not to exceed $3,546,316.46), for additional engineering services for Final Plans, Specifications and Estimate (PS &E). 2. Appropriate $252,000 additional traffic impact fee revenue to the Public Works Capital Improvement budget within the Transportation Development Fund. U. Contract Change Order Nos. 3, 6, 12, 15 and 16 to Agreement No. 13 -118 with Granite Construction, Inc. ($242,502.20; revised not to exceed $25,775,979.29; change order funded with Federal Earmark Funds - 88.53 %, and Capital Outlay Utility /Roads Fund - 11.47%), for the State Route 178 and Morning Drive Interchange Project. (TRIP) Bids: V. Accept bid from Berchtold Equipment Company ($210,006.94) for three replacement backhoe loaders with industrial flat decks for use by the Public Works Department, Streets Division. REMOVED FOR SEPARATE CONSIDERATION AGR 14 -080 REMOVED FOR SEPARATE CONSIDERATION AGR 07- 132(3) AGR 13 -118 CC03, CC06, CCO12, CCO15, CCO16 Bakersfield, California, May 21, 2014- Page 11 8. CONSENT CALENDAR continued ACTION TAKEN W. Accept bid and approve contract with Pacific AGR 14 -082 West Sound ($73,950.51) for an audio system upgrade at Rabobank Theater. X. Accept bid and approve contract with AGR 14 -083 Sterndahl Enterprises, Inc. ($60,744.30), for Bike Lane Improvements on Akers Road from McKee Road to Wilson Road - Phase 1. Y. Accept bid and approve contract with Loop AGR 14 -084 Electric, Inc. ($172,723.35), for Traffic Signal and Lighting Installation at the intersection of Old Farm Road and Olive Drive. Miscellaneous: Z. Dedication of freeway right of way to Caltrans DEED 7910 on the north side of Taft Highway from Gosford Road to Ashe Road. aa. Repeal of City Council approval for Staff Support and Technology Funding. bb. Settlement approval in the matter of the City v. Anthony C. Evans and Carol Ross Evans, etc., et al., ($85,000) related to the acquisition of property for the State Route 178 and Morning Drive Interchange Project. CC. 2014 City Council Goals Update Phase 2: REMOVED FOR Additional Proposed Revisions requested by SEPARATE City Councilmembers. CONSIDERATION Successor Agency Business: dd. Receive and file successor agency payments from April 25, 2014, to May 8, 2014, in the amount of $7,217.36. City Clerk Gafford announced that a staff memorandum was submitted regarding item 8.a., correcting the roll call in the Minutes. Vice -Mayor Weir requested that item 8.o. be removed for separate consideration. Councilmember Rivera requested that item 8.1. be removed for separate consideration. Councilmember Maxwell requested that items 8.q., 8.s., and 8.cc. be removed for separate consideration. 8. Bakersfield, California, May 21, 2014 - Page 12 CONSENT CALENDAR continued ACTION TAKEN Councilmember Smith requested that item 8.c. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.dd., with the removal of Items 8.c., 8.1., 8.o., 8.q., 8.s., and 8.cc. for separate consideration, and with the correction to item 8.a. C. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Amending Chapter 5.45 relating to FR Sidewalk Pushcart Food Vendors. 2. Amending Section 5.26.040 relating to FR Regulations for Hotels and Lodginghouses. 3. Amending Chapter 5.56 relating to FR Transient Outdoor Business Licenses. 4. Amending Section 10.69.040 relating to FR Special Events in Residential Zones. 5. Amending Section 12.20.035 relating to FR Encroachment Permits. 6. Amending Section 14.12.390 relating to FR Sewer Connection Fees. 7. Amending Section 14.20.020 relating to FR Health Officer Approval of Sewer Systems. 8. Amending Section 16.32.040 relating to FR Amount of Security for Subdivision Improvements. 9. Amending Section 16.32.100, Subsection FR B relating to Survey Requirements - Monuments. 10. Amending Section 17.08.180 relating to FR Fence, Walls and Hedges. 11. Amending Section 17.59.030, Subsection FR C relating to Fencing for Wireless Telecommunications Facilities. 8. Bakersfield, California, May 21, 2014- Page 13 CONSENT CALENDAR continued ACTION TAKEN Item 8.c. continued 12. Amending Section 17.66.030 relating to FR Maximum Grade of Streets and Other Easements. Councilmember Smith requested that staff look at adding the NACTO guidelines to the City's street ordinances. Motion by Councilmember Smith to adopt APPROVED Consent Calendar Item 8.c. Agreement with GRC Associates, Inc. ($76,000), AGR 14 -075 for assistance in the preparation of the 2010 -2015 Consolidated Plan, the Annual Action Plan, the Citizen Participation Plan, and the Analysis of Impediments to Fair Housing Choices for the U.S. Department of Housing and Urban Development. Motion by Councilmember Rivera to adopt APPROVED Consent Calendar item 8.1., with the understanding that a presentation by GRC Associates be made in August at a Budget and Finance Committee meeting. o. Agreement with Duane Morris, LLP, for Fiscal Years 2014/2015 ($1,000,000), 2015/2016 ($1,125,000), 2016/2017 ($1,500,000) for legal services regarding water related matters. Motion by Vice -Mayor Weir to table Consent APPROVED Calendar item 8.o. until the next Council meeting. q. Utility Agreement with AT&T ($282,199.14; Roads AGR 14 -079 Program Utility /Surcharge Fund) for the relocation of overhead telecommunications facilities in advance of the State Route 178 Widening Project. (TRIP) Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar Item 8.q. Bakersfield, California, May 21, 2014 - Page 14 8. CONSENT CALENDAR continued ACTION TAKEN S. Agreement between City and Kern County AGR 14 -081 Water Agency Improvement District No. 4 (not to exceed $385,000) for a supplemental dry year water supply. Councilmember Maxwell requested that a presentation be made at the next meeting about where we really are with water and to Invite Eric Everett, General Manager of the Rosedale /Rio Bravo Wafer Storage District to attend and provide some information that we should consider; and he directed the City Attorney to come back with some verbiage for an ordinance that we can pass to let the public know that we are serious about this drought. Councilmember Johnson advised that he would like to focus Councilmember Maxwell's referral of the presentation to really pinpoint exactly what the water management plan Is and what the triggers are, and N the Council needs to elevate that trigger and do a better job of explaining that to the public; and he made a motion to adopt Consent Calendar Item 8.s. Councilmember Rivera advised that he would like to have included in the presentation what the City is actually doing to save water and talk about more creative things; explore starting an Incentive program to water your lawn less; get some potential proposals from cities of our scope and size to see what they are doing; and have a dialog of tangible things we can actually do. Councilmember Smith stated that he feels the City of Bakersfield has shown great foresight, and we have water rights for much greater than what we use and a water bank for five years. Motion by Councilmember Johnson to adopt APPROVED Consent Calendar Item 8.s. Bakersfield, California, May 21, 2014 - Page 15 8. CONSENT CALENDAR continued ACTION TAKEN CC. 2014 City Council Goals Update Phase 2: Additional Proposed Revisions requested by City Councilmembers. Councilmember Maxwell advised that he would not be voting against this item or for it; and he suggested that during the budget process this coming year and the goal setting, that there could possibly be some sort of a retreat, or at least some presentations to help the Council, when the new Council comes in, to do some goal setting that kind of follows the criteria with the following four characteristics: attainable, describable in a relatively short period of time, measurable, and have a time limit. Councilmember Johnson advised that he will make a motion to adopt the goals, and thanked staff for including the items that he requested be added relating to filling the vacancies on the Bakersfield Police Department and the promotion of water conservation. Councilmember Johnson requested that Goal 3.3 under Item No. 4.b., Creekview Villas, be referred to the appropriate committee to come up with a new plan to get this goal completed. Councilmember Smith thanked staff for adding his comments to the goals and advised that he would not be interested in changing the format. Motion by Councilmember Johnson to adopt APPROVED Consent Calendar item 8.cc., with the referral ABS MAXWELL regarding Creekview Villas. Mayor Hall recessed the meeting at 7:04 p.m. and reconvened the meeting at 7:15 p.m. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS None. Bakersfield, California, May 21, 2014 - Page 16 11. REPORTS ACTION TAKEN a. Department Budget Presentations: Public Works Department Acting Public Works Director Fidler made staff comments and provided a PowerPoint presentation. TRIP Manager Wright made staff comments and provided a PowerPoint presentation regarding the TRIP budget. Councilmember Johnson requested that staff meet with GET as soon as possible about making improvements along East Truxtun to improve GET service to the Homeless Center. Councilmember Smith requested that staff fit in the Quail Ridge undercrossing at Truxfun, and to also include the bike lanes to the Hosking Road to Union Avenue Improvements. Councilmember Maxwell requested that staff work with Caltrans regarding improving the signal coordination in front of Costco on Rosedale. Councilmember Sullivan requested that staff evaluate the feasibility of equipping code enforcement officers with lasers for their safety, and provide a cost estimate, taking Into consideration the training that would be necessary. b. Freeway Litter Program: Report on freeway litter program. 2. Memorandum of Agreement with Kern AGR 14 -085 Council of Governments ($150,000) to provide continuation of funding for the program for Fiscal Year 2014/15. 3. Amendment No. 2 to Agreement AGR 13- 072(2) No. 13 -072 with the Bakersfield Homeless Center ($150,000; revised not to exceed $840,640) for litter removal services. 11. 12. Bakersfield, California, May 21, 2014 — Page 17 REPORTS ACTION TAKEN Item l l .b. continued 4. Appropriate $150,000 Other Agency Share of Project Costs to the Public Works Department's Operating Budget within the Refuse Fund to provide funding for the program. Staff recommends approval of Agreements and appropriation of funds. Solid Waste Superintendent Moretti made staff comments and provided a PowerPoint presentation. Councilmember Hanson advised that he wanted to publicly thank the 10 other cities, who make up KernCog, for their permission to use KernCog money for this program, as well as the County of Kern and the citizens of Bakersfield. Motion by Vice -Mayor Weir to adopt the APPROVED Agreements and appropriate funds, as recommended by staff. DEFERRED BUSINESS a. Adoption of Ordinances amending the text of ORD 4770 the Municipal Code, specifically Chapter 17.10 ORD 4771 (One Family Dwelling Zone) and Section 16.28.170 (Subdivision Lot Design Standards) creating a new R -1 -4.5 zone district (Small Lot One - Family Dwelling 4,500- square foot lot minimum) with related changes to the front and rear building setback requirements and subdivision lot design standards. (FR 03119114) Community Development Director Mclsaac made staff comments, provided a PowerPoint presentation, and recommended adoption of the Ordinances. Motion by Councilmember Smith to adopt the APPROVED Ordinances. 13. NEW BUSINESS None. Bakersfield, California, May 21, 2014 — Page 18 14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Smith advised that Riverwalk is a great project, and he is happy it is moving forward in Ward 4. Councilmember Smith asked staff to clean up the tumbleweeds on Westside Parkway. Councilmember Sullivan expressed her concern about the Irrigation repairs and the dead vegetation along Freeway 99, and requested that Acting Public Works Director Fidler attend the next Caltrans meeting on Tuesday, May 27th, to help come up with both short term and long term solutions to this ongoing problem. Councilmember Maxwell asked that staff provide Information regarding the costs, Including legal fees and other costs Incurred to this point, for the cul -de -sacs. Councilmember Maxwell asked that staff explore the possibility of purchasing solar powered speed limit signs that display and calculate the speed and the number of cars traveling In each direction, which can provide data, for a longer period of time, on exactly what the traffic patterns are for any of the City's streets. Councilmember Maxwell asked the City Attorney to bring back to the Legislative and Litigation Committee the issue of what the legal precedent that has been set for lowering a speed limit on a local, neighborhood street, such as 21St Street. Councilmember Smith advised that there are traffic calming techniques that can be implemented such as roundabouts and other design measures. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:46 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield