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HomeMy WebLinkAbout12/15/10_ CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL fl AGENDA .•qf DECEMBER 15, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 P.M. 1. ROLL CALL (current Council seated) 2. INSTALLATION CEREMONY (see program) a. Certification of Election Results: 1. Resolution No. 136-10 declaring the results of the General Municipal Election for election of Councilmember for Wards 1, 3, 4 & 7 held in the City of Bakersfield on November 2, 2010. 2. Resolution declaring the results of the General Municipal Election for submission of a Measure relating to Pension Benefits, Measure D, held in the City of Bakersfield on November 2, 2010. 3. Adoption of Ordinance adding Chapter 2.85 to the Municipal Code relating to pension benefits. Staff recommends adoption of resolutions and ordinance. b. Administration of Oath of Office. (new Council seated) 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Erica Morataya v. City - KCSC Case No. S-1500-CV-267729 WDP. RECESS TO RECEPTION AND CLOSED SESSION RECONVENED MEETING 4. ROLL CALL 5. CLOSED SESSION ACTION 6. PRESENTATIONS 7. PUBLIC STATEMENTS 8. APPOINTMENTS a. One appointment to the Fire Civil Service Board, due to the expiration of term of Thomas Edmonds, whose term expires December 31, 2010. Staff recommends Council determination. 8. APPOINTMENTS continued b. Two appointments to the Miscellaneous Civil Service Board due to the expiration of terms of Gonzalo E. Ramirez and Percy A, Robinson, whose terms expire December 31, 2010, Staff recommends Council determination. C. One appointment to the Police Civil Service Board due to the expiration of term of William R. Perry, whose term expires December 31, 2010. Staff recommends Council determination. d. One appointment to the Golden Empire Transit District Board due to the expiration of term of Norris Ledbetter, whose term expires January 6, 2011. Staff recommends Council determination. 9. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 17, 2010, Regular Council Meeting and the December 3, 2010 Special Council Meeting. Payments: b. Approval of department payments from November 5, 2010 to December 2, 2010 in the amount of $19,015,660.97 and self-Insurance payments from November 5, 2010 to December 2, 2010 in the amount of $344,043.63. Ordinances: (Ward 6) c. Adoption of Ordinance approving a zone change from P.C.D. (Planned Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned Commercial Development) on approximately 5.14 acres located at 5001 Ming Avenue, (ZC No. 10-0395) (G.C. Corporation) (FR 11/17/10) Resolutions: d. Resolution adopting the Investment Policy for the City, (Ward 1,2) e. Resolution approving request to file extension of time with the State of California, Department of Transportation, for the Transportation Equity Act for the 21 sr Century (TEA-21) funds for the Centennial Corridor Project. (TRIP) f. Resolution determining that a DUI checkpoint vehicle for the Police Department cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof not to exceed the budgeted amount of $52,000. (Ward 7) g. Resolution of Intention No. 1683 to add territory, Area 5-61 (4505 Hughes Lane) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. 2 City Council Meeting of 12/15/2010 9. CONSENT CALENDAR continued Agreements: (Ward 5) h. Final Tract Map and Improvement Agreements for Mira Lago, L.P. for Tract 6167 Phase 1 located east of Old River Road and north of Harris Road. I. Agreement with Acclamation Insurance Management Services ($353,165 - 1 st year; $365,526 - 2nd year, $378,319 - optional 3rd year) for workers' compensation claims management services. (Ward 6) j. Transportation Impact Fee Agreement with Buena Vista Land Co. (not to exceed $405,051) for improvements constructed on Panama Lane and Buena Vista Road. k. Agreement with Muxlow Construction ($50,000 CDBG funds) to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. a. Appropriate $50,000 Community Development Block Grant (CDBG) Fund balance to the Operating Budget for the Home Access Grant Project within the CDBG Fund. 1. Memorandum of Understanding with Integrated Law & Justice Agency for Orange County (ILJAOC) regarding the connectivity of COPLINK between Bakersfield Police Department (KC Re-Dex) and Orange County. (Ward 5) M. Agreement with Bolthouse Properties, LLC ($50,000) to purchase real property within Parcel Map 11593 located west of Windermere Drive and south of White Lane for a domestic water well site. (Ward 2) n. Agreement with Jeff Wanamaker; James L. Leonhard & Robin C. Leonhard; Masonic Homes of California; John R. Mathie; Marshall Plan, Ltd.; Edwin Leroy Tolles; Mary Anne Garner Frisone; James E. Munson & Cherron G. Munson; Gayle Garner Roski; Patricia Burns Gebhordt, Charles B. Randall; Judy Shultis Steffens; Clarita J. Schultis; James A. Shultis; Kerminette S. Bonney; Annetta S. Lee; Annetta Lee; Kerminette S. Bonney & George W. Bonney, II; Tucker Garner; Janette R. Garner; Charles W. Bozarth; Anne Lane Bozarth; Toni Bloemer; Optomists Boys Home & Ranch; Ralph B. Tippet, Cornelia M. Bell; Laurie Link Wallace; and, Robert James Rudolph ($2,217,440) to purchase real property located on the east side of Mohawk Street south of Rosedale Highway for the Westside Parkway. (TRIP) (Ward 2) o. Amendment No. 4 to Agreement No. 06-208 with Dokken Engineering ($280,000; revised not to exceed $7,367,674) for engineering design services for Phases 1 & 4 of the Westside Parkway Project. (TRIP) (Ward 3) p. Amendment No. 1 to Agreement No. 07-339 with AECOM Technical Services, Inc., formerly Lim and Nascimento Engineering Corp., (reduction of $546,832.43; revised not to exceed $2,081,745.78) for engineering and environmental services for the Hageman Flyover Project. (TRIP) (Ward 3) q. Amendment No. 1 to Agreement No. 07-338 with PB Americas, Inc. ($472,615; revised not to exceed $2,945,529) for engineering and environmental services for the SR-178 Widening Project. (TRIP) 3 City Council Meeting of 12/15/2010 9. CONSENT CALENDAR continued (Ward 6) r. Amendment No. 2 to Agreement No. 09-137 with the Housing Authority of the County of Kern ($63,904; revised not to exceed $4,878,904) for the purchase and rehabilitation of a foreclosed 99 unit independent living facility at 2221 S. Real Road. (Ward 3) s. Amendment No. 1 to Agreement No. 10-075 with GC Environmental, Inc. ($500,000; revised not to exceed $1,00,000) for landfill gas system services for the Bakersfield Sanitary Landfill Closure Project due to new state regulations. (Ward 1) t. Amendment No. 1 to Agreement No. 09-162 with Bakersfield Homeless Center ($159,744 and extend term for one year) for sorting of green waste material at the Mt. Vernon Green Waste Facility. (Ward 2) U. Amendment No. 4 to Agreement No. 02-061 with CC Plaza, LLC (extend lease for additional three years with two one year options to extend) for office space at 900 Truxtun Avenue. (Ward 3) v. Contract Change Order No. 3 to Agreement No. 09-113 with Kern Pacific Construction ($10,146.33; revised not to exceed $3,239,874.92) for the Mesa Marin Sports Complex Project. (Ward 1) w. Contract Change Order No. 1 to Agreement No. 10-015 with Sandoval Construction and Excavation ($34,260,15; revised not to exceed $177,426.39) for the Sewer and Water Improvements: Southwest Hanger Area Project at the Bakersfield Municipal Airport. Bids: (Ward 6) X. Reject all bids for the annual contract for the supply of dewatering polymers. (Ward 6) Y. Accept bid and approve annual contract with Polydyne, Inc. ($50,173.88) for the supply of DAF polymers for Wastewater Treatment Plant No. 3. Z. Accept bid and approve annual contract with Stay Green, Inc. ($100,000) for tree trimming. (Ward 3) aa. Accept bid from Piranha Pipe and Precast ($64,742.16) for reinforced concrete storm drain pipe for installation by City staff at Mesa Marin Sports Complex. Miscellaneous: bb. Audit Reports for FY ended June 30, 2010 (refer to Budget & Finance Committee): 1. Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. 4 City Council Meeting of 12/15/2010 9. CONSENT CALENDAR continued (Wardl,3-5,7) cc. Fiscal Year 2009-2010 Annual Compliance Report for planned drainage area fees prepared in accordance with Government Code §66006. dd. Fiscal Year 2009-2010 Annual Compliance Report for planned sewer area fees prepared in accordance with Government Code §66006. (Ward 3,6) ee. Fiscal Year 2009-2010 Annual Compliance Report for bridge crossings and major thoroughfare fees prepared in accordance with Government Code §66006. ff. Fiscal Year 2009-2010 Annual Compliance Report for park impact fees prepared in accordance with Government Code §66006. gg. Fiscal Year 2009-2010 Annual Compliance Report for transportation Impact fees prepared in accordance with Government Code §66006. hh. Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG) Action Plan Amendment No. 3 (FY 10/11) and Amendment No. 13 (FY 08/09). ii. Transfer $171,115 Community Development Block Grant (CDBG) Contingency Funds within the CDBG Fund Operating Budget for the South Mill Creek Park and Parking Project. jj. Appropriate $13,520 Federal Grant Revenues (FY 10/11 Next Generation - Click It or Ticket Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for seatbelt enforcement mobilizations in the Traffic Division. kk. Appropriate $57,462 Federal Grant Revenues (FY 10/11 Sobriety Checkpoint Mink Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division. Staff recommends adoption of Consent Calendar Items 8.a. through 8.kk. 10. CONSENT CALENDAR HEARINGS 11. HEARINGS (Ward 2) a. Public Hearing to consider Resolution ordering the vacation of Hopper Court between Union Avenue Loop West to the north right-of-way of the Southern Pacific Railroad tracks, adjacent to 2501 Union Avenue Loop West. Staff recommends adoption of resolution. 12. REPORTS a. Status of Thomas Roads Improvement Program (TRIP). 13. DEFERRED BUSINESS City Council Meeting of 12/15/2010 14. NEW BUSINESS a, Election of Vice-Mayor, To be determined by Council. 15. COUNCIL AND MAYOR STATEMENTS 16. ADJOURNMENT Respectfully submitted, qAcw~ r>:~ "K~ /OLI Alan Tandy City Manager 12/8/10 3:45pm 6 City Council Meeting of 12/15/2010 AGENDA HIGHLIGHTS December 15, 2010 COUNCIL MEETING REGULAR MEETING - 5:15 p.m. INSTALLATION CEREMONY The results of the November 2, 2010 General Municipal Election will be certified: 1. Declaring Rudy Salas (Ward 1), Ken Weir (Ward 3), David Couch (Ward 4), and Russell Johnson (Ward 7) elected to the Office of Councilmember, for a full four-year term; 2. Passage of Measure D, whereby new sworn public safety employees, as of January 1, 2011, will pay 100% of their employee pension contribution and be eligible for a PERS maximum retirement allowance at a 2% age 50 formula, based on their average salary calculated over 36 highest paid consecutive months, and 3. Adoption of an Ordinance to add the Implementation of Measure D to the Municipal Code. The ordinance will become effective on December 25, 2010. Following the Certification of Election Results, the Oath of Office will be administered and a brief reception will follow In the lobby of the Council Chambers, prior to the Closed Session. CLOSED SESSION There will be a conference with Legal Counsel to discuss one item of existing litigation. APPOINTMENTS There will be one appointment to each of the following: Fire Civil Service Board, Police Civil Service Board, and Golden Empire Transit District Board; there will be two appointments to the Miscellaneous Civil Service Board. CONSENT CALENDAR Resolutions Item 9d. Resolution adopting the annual Investment Policy for the City. in accordance with State law, the Finance Director annually presents the City's Investment Policy for adoption by the City Council. The Investment Policy is reviewed annually to ensure it is in conformance with the California Government Code and that the City's funds are invested prudently to generate at least a market rate of return, while maintaining safety and liquidity of the City's financial assets. Item 9e. Resolution opprovina o request for a time extension of Transportation Eauity Act funds for the Centennial Corridor Protect. The Federal Transportation Bill approved in 1998 (TEA-21), Included $15.75 million for the Centennial Corridor Project. In 2001-02, a portion of those funds were used for the Bakersfield Systems Study. In 2008, the City entered into an agreement with HNTB for engineering and environmental services related to the environmental document for the project, using the TEA-21 funding. There is a current balance of $6,927.515.13 In funding available. CalTrans recently notified the City that those funds will lapse on June 30, 2011, unless a time extension request is submitted to them. This action is to acquire City Council approval to submit the request to CaiTrans. Item 9f. Resolution to dispense with bidding and purchase a DUI checkpoint vehicle with Federal Grant Revenues. The Bakersfield Police Department was awarded a Federal grant through the State Office of Traffic Safety for the Selective Traffic Enforcement Program. A portion of the grant was earmarked for a DUI checkpoint vehicle. Invitations to bid were sent to 200+ suppliers, but no bids were received In response. In accordance with the Municipal Code, if no bids are received, a resolution may be adopted to authorize purchase on the open market. Staff has identified a suitable vehicle at Camping World RV Sales. The Council is requested to approve a resolution allowing the purchase of the identified vehicle in an amount not to exceed $52,000. Agreements Item 9n. Settlement agreement with multiple parties for acauisition of properties for the Westside Parkway. The City has been acquiring properties for the Westside Parkway project for over 15 years. This acquisition consists of several parcels totaling approximately 55 acres, located on the east side of Mohawk Street, south of Rosedale Highway. As listed In the administrative report, there are multiple parties involved, each having a fractional interest ranging from approximately 35% to less than 1 The total negotiated purchase price is $2,217,440, and represents the fair market value of the property. Funding is derived from State and local transportation funding. There are three contract amendments for TRIP Projects, as follows: Item 90. Westside Parkway. Phase 1 (Mohawk Extension) and Phase 4 (Truxtun Tie-In): Amendment No. 4 to Agreement 06-208 with Dokken Engineering for $280,000.00 (not to exceed total of $7,367,674.00. The City originally contracted with Dokken in 2006 for Phase 1 engineering design services. At that time, it was not expected that the Truxtun Tle-In could be constructed until the final alignment for the Centennial Corridor was selected. However, staff was able to develop a project to accommodate any of the alternatives being considered, which has resulted in the need for Dokken to perform additional work in support of various design changes and property acquisitions. Item 9p. Hageman Flyover: Amendment No. 1 to Aareement 07-339 with AECOM Technical Services for a $546,832.43 reduction (not to exceed total of $2,081,745.78). Due to a simplification to the alternatives originally anticipated for this project and because Parson's Agenda Highlights - December 15, 2010 Council Meeting Page 2 TRIP staff did the traffic analysis for this project as part of their program management work, there has been a reduction in the scope of work AECOM was originally to perform. Item 9q. 178 Widening Project: Amendment No 1 to Agreement 07-338 with PB Americas, Inc. for $472,615.00 (total not to exceed $2,945,529.00): As this project has progressed, CalTrans is requiring additional work, beyond that originally identified in this contract. The extra work is related to issues associated with how future improvements to the highway would be handled, beyond the improvements that would be TRIP funded, such as expansion of the project limits, additional soil and drainage studies, new requirements for green house gases, and additional biological studies and surveys. Adequate funds have been budgeted for each of the three change orders. Item 9bb. Annual Audit Reports (to be referred to the Budget and Finance Committee). Six audit reports, including the City's Comprehensive Annual Financial Report for FY ending June 30, 2010, will be provided to the City Council. The reports are recommended for referral to the Budget and Finance Committee. Items 9cc. - gg. Annual Combliance Reports for FY 2009-10. Five compliance reports are being presented to the City Council and the public for review, including: Planned Drainage Area Fees, Planned Sewer Area Fees, Bridge Crossings and Major Thoroughfare Fees, Park Impact Fees, and Transportation Impact Fees. Public Works and TRIP staff will present a status report on the Thomas Roads Improvement Program. New Business The City Council will elect one of Its members as Vice-Mayor. At the next regular Council meeting on January 12, 2011, the Vice-Mayor will submit the appointments to all Council Committees and Special Boards. Approved: / Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - December 15, 2010 Council Meeting Page 3 MEETING DATE: December 15, 2010 AGENDA SECTION: Installation Ceremony ITEM: 2.a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: December 1, 2010 SUBJECT: Certification of Election Results APPROVED DEPARTMENT HEAD CITY ATTORNEY 1/G- CITY MANAGER 415 1. Resolution declaring the results of the General Municipal Election for the election of Councilmember for Wards 1, 3, 4 and 7 held in the City of Bakersfield on November 2, 2010. 2. Resolution declaring the results of the General Municipal Election for submission of a Measure relating to Pension Benefits, Measure D, held in the City of Bakersfield on November 2, 2010. 3. Ordinance of the City of Bakersfield adding Chapter 2.85 to the Bakersfield Municipal Code relating to Pension Benefits. RECOMMENDATION: Staff recommends adoption of the Resolutions and Ordinance. BACKGROUND: Pursuant to State law, the City Council, after a General Municipal Election, must adopt the appropriate Resolution(s) accepting the City Clerk's Certification of the Canvass of Results of the General Municipal Election held November 2, 2010. These Resolutions declare the election results for Councilmembers as follows: Ward 1: Rudy Salas, Jr. Ward 3: Ken Weir Ward 4: David Couch Ward 7: Russell Johnson In addition, the attached resolutions declare the election results for the passage of Measure D (40,305 Yes, and 32,693 No). The Ordinance, which is the implementation of Measure D, becomes effective ten (10) days after certification of the election results by the City Council. rg December 2, 2010, 11:23AM S:ElectionWdmin Rpts\2010WDMIN REPORT CLERK'S CERTIFICATION 2010 A U ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Closed Session ITEM: 3. a„ TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: November 16, 2010 CITY ATTORNEY ✓G CITY MANAGER SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Erica Morataya v. City of Bakersfield KCSC Case No. S-1500-CV-267729 WDP VGAsc &WOUNCIL\CI Sess\Admins\10-11\12-15-10EAskit.doc MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments ITEM: 5. a TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 1, 2010 One appointment to the Fire Civil Service Board, due to the expiration of term of Thomas Edmonds, whose term expires December 31, 2010. APPROVED DEPARTMENT HEAD T CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Fire Civil Service Board due to the expiration of term of Thomas Edmonds, whose term expires December 31, 2010. The news release for this recruitment was posted on October 21, 2010. Two applications have been received: • Incumbent, Thomas Edmonds • Ray Chopra The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield. 2-Dec-10 8:21 AM RG:al V:\BdsBComm\FIRE\2010Wdmin Dec 2010.docx MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments ITEM: Sib, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 1, 2010 Two appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Gonzalo E. Ramirez and Percy A. Robinson, whose terms expire December 31, 2010. APPROVED DEPARTMENT HEAD AT CITY ATTORNEY p Ve- CITY MANAGER tiJ RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two appointments to the Miscellaneous Civil Service Board due to the expiration of terms of Gonzalo E. Ramirez and Percy A. Robinson, whose terms expire December 31, 2010. The news release for this recruitment was posted on October 21, 2010. Two applications have been received: • Incumbent, Gonzalo E. Ramirez • Incumbent, Percy A. Robinson The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 2:00 p.m. at City Hall North, 1600 Truxtun Avenue, Bakersfield. 2-Dec-10 8:34 AM RG:al V:\Bds&Comm\MISCCS\2010Wdmin Dec 2010.docx MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments ITEM: $ . 0 , TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Roberta Gafford, City Clerk December 1, 2010 One appointment to the Police Civil Service Board, due to the expiration of term of William R. Perry, whose term expires December 31, 2010. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Police Civil Service Board due to the expiration of term of William R. Perry, whose term expires December 31, 2010. The news release for this recruitment was posted on October 21, 2010. Three applications have been received: • Incumbent, William R. Perry • Ray Chopra • Nicholas Hernandez The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3) members appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connectidn with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Police Department. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53,1601 Truxtun Avenue, Bakersfield. December 2, 2010, 8:37AM V:\Bds&Comm\P0LICE\2010\Admin Dec 2010.docx MEETING DATE: December 15, 2010 AGENDA SECTION: Appointments ITEM: ,d, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 1, 2010 One appointment to the Golden Empire Transit District Board due to the expiration of term of Norris Ledbetter, whose term expires January 6, 2011. APPROVED DEPARTMENT HEAD A 1" CITY ATTORNEY kll~- CITY MANAGER & RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Golden Empire Transit District Board due to the expiration of term of Norris Ledbetter, whose term expires January 6, 2011. The news release for this recruitment was posted on November 5, 2010. One application to fill the expired term has been received from the incumbent, Norris Ledbetter. The Golden Empire Transit District Board supervises and regulates transit facilities owned, operated or controlled by the district, including establishment of rates, rentals, charges and classifications, enforcement of regulations, contracts, practices and schedules. City representatives are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their 4-year term. Meetings are held the first and third Tuesdays of each month at 5:30 p.m. in the District Board Room at 1830 Golden State Avenue. December 2, 2010, 8:14AM RG:al V:\Bds&Comm\GETD\2010\Admin Dec 15.docx MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q,o~. TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 197- DATE: December 3, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the November 17, 2010 Regular Council Meeting and the December 3, 2010 Special Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: row A ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: Q , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 3, 2010 APPROVED DEPARTMENT HEAD /1/f7 CITY ATTORNEY D~ CITY MANAGER SUBJECT: Approval of department payments from November 5, 2010 to December 2, 2010 in the amount of $19,015,660.97 and Self Insurance payments from November 5, 2010 to December 2, 2010 in the amount of $344,043.63. RECOMMENDATION: Staff recommends approval of payments totaling $19,359,704.60 BACKGROUND: KLG December 3, 2010, 10:10AM S:\Kim GWDMIN\COUNCIL-ADMIN-AP-2011\ADMIN-AP 121510.doc ADMINISTRATIVE REPORT 0 0A 0 MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: November 19, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from P.C.D. (Planned Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned Commercial Development) on approximately 5.14-acres located at 5001 Ming Avenue. (Zone Change No. 10-0395, G.C. Corporation). (Ward 6) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the ordinance was given on November 17, 2010. The proposed zone change is from P.C.D. (Planned Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned Commercial Development) on 5.14 acres to accommodate a retail commercial center. There is no need or request to change the current land use designation, which is GC (General Commercial) as the C-2/P.C.D. zone is consistent with the present land use designation. Under the P.C.D. overlay zone all phases of development will require Planning Commission approval at a public hearing to ensure the development maintains compatibility with adjacent developments and with existing and approved on-site development. On October 21, 2010, the Planning Commission conducted a public hearing on the proposed zone change and recommended approval to the City Council. The Planning Commission also approved Planned Development Review No. 10-0461 to construct a 14,000 square-foot restaurant as Phase 1 of the site development. No one appealed the decisions by the Planning Commission. Staff determined that the project is an in-fill development and thus exempt from CEQA under Section 15332 of the State CEQA Guidelines. A Notice of Exemption was prepared on October 21, 2010 in accordance with CEQA. HC\S:\ZoneChange\yr 2010\10-0395\Admin Report ZC 10-0395 12.15. 10 A ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson Smith, Finance Director November 17, 2010 Resolution Adopting the Investment Policy of the City. APPROVED DEPARTMENT HEAD CITY ATTORNEY f ~ CITY MANAGER ~ RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution places the City in conformance with Section 53646 of the California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. There have been no changes to the California Government Code regarding municipal investment guidelines in the last twelve months. November 15, 2010 PAINVESTMENT POLICY/ADMIN ADMINISTRATIVE REPORT L1F0 MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: Ci, e,. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 8, 2010 A resolution approving request to file extension of time with the State of California, Department of Transportation, for the Transportation Equity Act for the 21s' Century (TEA-21) funds for the Centennial Corridor Project. (TRIP) (\NO*-ds IF2) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of resolution. BACKGROUND: The Federal Transportation Bill approved in 1998 (Transportation Equity Act for the 21St Century, or TEA-21) included $15.75 million for the Centennial Corridor Project. A portion of these funds were initially used in 2001-02 for the Bakersfield Systems Study. The City received authorization to utilize the remaining $12,966,598 of these TEA-21 funds from the State Department of Transportation (Caltrans) on September 12, 2005. On January 30, 2008 the City entered into an agreement with HNTB Corporation to provide Engineering and Environmental Services for the environmental document for the Centennial Corridor Project. Since that time, the City has utilized $6,039,080.87 of these TEA-21 funds to cover the costs incurred on this project so that there still remains $6,927,517.13 available to be used. Caltrans notified the City last month that these remaining funds will lapse on June 30, 2011 unless a request for a time extension is submitted to them. This request for a time extension must have the approval of the City Council per the attached resolution. December 8, 2010, 10:05AM Kpb:C:\DOCUME-1\Iskinner\LOCALS-1\Temp\XPgrpwise\Centennial CWA Admin REVI.DOCX ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 29, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution determining that a DUI checkpoint vehicle for the Police Department cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof not to exceed the budgeted amount of $52,000. (City Wide) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Police Dept. was awarded a grant from the Office of Traffic Safety for the Selective Traffic Enforcement Program (STEP). This item was originally brought before Council on September 8, 2010. A portion of the grant was earmarked to acquire a DUI Checkpoint Vehicle. Invitations to bid were sent to over two hundred (200) suppliers for providing vehicles suitable for use by the Police Department at DUI checkpoints. No bids were received in response to solicitation. In accordance with Municipal Code section 3.20.060 D.3; if no bids are received, by adoption of a resolution, equipment or materials may be purchased on the open market. Staff has located a suitable used vehicle at Camping World RV Sales in Bakersfield. Staff is recommending adoption of the Resolution to dispense with bidding and purchase a DUI checkpoint vehicle using an open market procedure from Camping World RV Sales. This vehicle will be funded with Federal Grant Revenues (AVOID THE 18 DUI CAMPAIGN - KERN COUNTY) Grant from the State Office of Traffic Safety for an amount not to exceed $52,000. Purchasing Division/kb SAPURMADMINWdmin 10-11\Purchase of DUI checkpoint vehicle, December 15, 2010.docx 13A O~ycovox,r~ RS t~ to ADMINISTRATIVE REPORT IF O MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q , TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEADS u DATE: December 1, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1683 to add territory, Area 5-61 (4505 Hughes Lane) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report, (Ward 7) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04,021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting, The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District, This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. ps G:\GROUPDAT\ADMINRPT\2010\12-15\CMD 5-61 ROI 1683 admin.docx MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: A h TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 30, 2010 Approval of Tract Map and Improvement Agreements Final Map, Improvement and Landscape Agreements with Mira Lago, L.P., a California Limited Partnership, for Tract 6167 Phase 1 located east of Old River Road and north of Harris Road. (Ward 5) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of map and agreements. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha November 30, 2010, 11:23AM G:\GROUPDAT\ADMINRPT\2010\12-15\T6167-1 Map and IM AGR.doc A OFd , ADMINISTRATIVE REPORT TO MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q j , TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: October 28, 2010 CITY ATTORNEY CITY MANAGE SUBJECT: Agreement with Acclamation Insurance Management Services (AIMS) fdr workers' compensation claims management services in the amount of $353,165 for contract year one, and $365,526 for contract year two. The Agreement provides for an optional third year, at the City's discretion, with a third year fee of $ 378,319. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City's contract with Acclamation Insurance Management Services (AIMS) for workers' compensation claims management services expires on January 31, 2011. On May 4, 2010, a Request for Proposal was sent to eight (8) claim management companies to solicit bids to provide claim management services to the City of Bakersfield. The City received responses from five companies. After a thorough review of the proposals submitted, the following firms were selected to participate in the oral review process: Acclamation Insurance Management Services, and American All-Risk Loss Administrators (AARLA). The City's oral board consisted of the following: Ralph Korn, Risk Manager, Jena Covey, Administrative Analyst, Risk Management, and Kathy McLean, Workers Compensation Claim Manager, California State Association of Counties-Excess Insurance Authority. The potential providers were assessed on their knowledge and experience in claims adjusting, with special focus on claim handling for municipalities. Other pertinent factors were considered such as the location of their office that would handle City claims, the personnel that would be assigned to handle City claims, their knowledge and understanding of the workers' compensation system and how the recently enacted changes to State Workers' Compensation laws impact the City of Bakersfield, the cost of the proposals and their ability to work harmoniously with the various City Departments. Major Departments including Public Works, Fire, and Police are pleased and satisfied with the services that we have received from AIMS and had no objections to renewing the contract. October 28, 2010, 7:58AM S:\Ralph\Contracts\AIMS Admin. Report--WC, 2010.doc ADMINISTRATIVE REPORT The three year cost under the expiring contract with AIMS was $930,976. The three year not-to-exceed cost for the proposed contract is $1,097,010. This represents an increase over three years of $166,034. The proposals from AIMS and AARLA were comparable in both pricing and level of service. AARLA proposed a three year fee of $1,095,000 compared to the AIMS proposed cost of $1,097,010. Two of the other proposers' pricing were significantly higher than the pricing proposed by AIMS and AARLA, and were not considered based upon that fact. The remaining other proposer's pricing was significantly lower than the pricing from AIMS and AARLA, but their proposal was inadequate in several other respects including location of servicing office and inability to identify staff that would handle the City's account. Changing Workers' Compensation claim administrators is a costly and time-consuming process. The difference in pricing and service levels between AIMS and AARLA is not significant enough to justify making a change at this time. Staff recommends that the City enter into a contract with AIMS for Workers' Compensation claim adjusting services for the next two (2) years with an optional third year. RAK October 28, 2010, 7:58AM S:\Ralph\ContractsWlMS Admin. Report--WC, 2010.doc MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DATE: December 2, 2010 SUBJECT: Transportation Impact Fee Agreement improvements constructed on Panama exceed $405,051.00). (Ward 6) DEPARTMENT HEAD I U CITY ATTORNEY D/ CITY MANAGER F~ with Buena Vista Land Company for Lane and Buena Vista Road (not to RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: Buena Vista Land Company, LLC is developing property located at the southeast corner of Panama Lane and Buena Vista Road. Buena Vista Land Company purchased said property from Lennar Homebuilders (formerly Tentative Tract 6652). Development of said land required the construction of improvements on Panama Lane and Buena Vista Road that are eligible for Transportation Impact Fee credits. A condition of the purchase of said property was that the public improvements on Panama Lane and Buena Vista Road were to be constructed by Lennar Homebuilders but paid for by Buena Vista Land Company. Therefore, the impact fee credit is due to Buena Vista Land Company. The total amount of credit from the Transportation Impact Fee Facilities List (Facilities List) apportioned to these projects is $405,051.00. This amount was based upon the value of improvements as listed on the Facilities List. The developer has requested that the transportation impact fee credit available from these improvements be applied to impact fees due on the development of its property at the southeast corner of Panama Lane and Buena Vista Road. /Ps G:\GROUPDAT\ADMINRPT\2010\12-15\TIF credit agr BV Land Co - T6652 - Edible Garden.docx C R OR.lf~ ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q . k . TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA LAC DATE: December 2, 2010 CITY ATTORNEY CITY MANAGER AGS SUBJECT: Agreement with Muxlow Construction for $50,000 of Community Development Block Grant funds to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. (All Wards) 1) Appropriate $50,000 Community Development Block Grant (CDBG) Fund Balance to the Operating Budget for the Home Access Grant Project within the CDBG Fund. RECOMMENDATION: Staff recommends approval. BACKGROUND: This appropriation of CDBG fund balance is required to provide funding up to $50,000 for this successful program. The agreement for this program will expire soon, and the current fiscal year agreement will be forwarded to the City Council for consideration and approval in December 2010. The City of Bakersfield's Consolidated Plan 2015 has identified accessibility improvements as a high priority with 78% of the disabled population falling under the 80% of the City's median income level. Each year the City's Community Development Block Grant Program reserves funding for the Home Accessibility (HA) Grant Program. The Program provides grants of up to $3,500 per household for constructing accessibility improvements/modifications. Up to $1,000 of additional funds under the agreement are used to address the costs of complying with Federal and State lead-based paint regulations for low income physically challenged residents who live in privately owned residential structures. Approximately 36 residential dwelling units are retrofitted each year under the HA Grant Program. Types of improvements include exterior ramps, handrails, grab bars, handicap toilets, and door widening. The previous contract for this much needed community service for the aging low income population expires on December 31, 2010. S:\Admins\City Council\City Council Admins 2010\Muxlow HA 2010 Admin.Doc 12/2/2010 3:25 PM TP ADMINISTRATIVE REPORT Page 2 A Request for Proposal (RFP) for HA annual contract services was issued to four contractors in November 2010 which produced one bid. In review of the bid, Muxlow Construction was deemed the most qualified and only responsible bidder. Muxlow Construction holds a Lead- Based Paint Supervisor Certification which is a regulatory requirement for work on homes which were built prior to January 1, 1979. This Agreement will allow the City's residents to continue receiving the much needed handicap accessibility improvements through an annual services contract with an experienced and licensed contractor. By taking this action, staff can offer assistance to the HA applicants currently on the waiting list. S:\Hdmins\City Council\City Council Admins 2010\Muxlow HA 2010 admin.doc 12/2/2010 3:25 PM TP A v U rs ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q ,1. TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: December 15, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY V4 CITY MANAGER & SUBJECT: A Memorandum of Understanding between the Bakersfield Police Department and the Integrated Law & Justice Agency for Orange County, California regarding the connectivity between Bakersfield PD (KC Re-Dex) and Orange County (ILJAOC). RECOMMENDATION: Staff recommends the approval of the Memorandum of Understanding. BACKGROUND: The Bakersfield Police Department (BPD) has taken the lead role (among eleven participating agencies in Kern County) in developing and hosting the Kern Law Enforcement Regional Data Exchange (KC Re-Dex) Node. The goal of this project is to create a system of interoperability that will allow Kern County law enforcement agencies access to criminal background, prior criminal offenses and other investigative leads relating to suspects they contact who reside in other jurisdictions. The KC Re-Dex Node will connect with other COPLINK Nodes, throughout the United States allowing agencies to exchange data from their Records Management System (RMS). The ILJAOC is one of those nodes, The KC Re-Dex system will receive RMS data from the participating agencies in Kern County, warehouse the data in a shared server, then allow the sharing of information (consensual contacts, vehicle descriptions, suspicious circumstance incidents, associate identification and other important information relating to suspects they contact who reside in other jurisdictions) within the Kern County Criminal Justice System. The COPLINK System is the national model for law enforcement information sharing and analysis. The COPLINK System allows BPD an instantaneous way to collect and analyze crime- related data from widely differing sources, agencies and jurisdictions. Connectivity between these diverse sources is critical for the BPD to share criminal history information and develop investigative leads with other jurisdictions. RCB Pagel of 2 A ADMINISTRATIVE REPORT ILJAOC was created to develop and implement a regional justice information sharing system utilizing the COPLINK system that would allow law enforcement agencies throughout Orange County to share information in their case and records management systems. The ILJAOC has completed nine Memorandums of Understanding with other jurisdictions allowing access to nearly a quarter billion documents. The ILJAOC has requested the BPD (KC Re-Dex) to enter into an MOU with them to allow for the exchange of data. This MOU has language in two main areas (indemnification and liability), which are different from boiler plate contract language that the City is accustomed. The significant differences are under the language proposed, the City of Bakersfield is agreeing to indemnify Orange County and there are areas where the City of Bakersfield is agreeing that certain actions may create a claim for liability. Therefore, the City Attorney recommends that City Council review and approve this contract on the basis that the benefits of entering into this MOU outweigh any risk that may be associated with not having boiler plate contractual provisions. RCB Page 2 of 2 A d U p ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q, rn TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 2, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY VACC CITY MANAGER SUBJECT: Agreement with Bolthouse Properties, LLC to purchase real property within Parcel Map 11593 located west of Windermere Drive and south of White Lane for $50,000 for a domestic water well site. (Ward 5) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City of Bakersfield is acquiring land to construct a domestic water well site for the purpose of providing drinking water. The water well site contains approximately 13,027 square feet. The owner, Bolthouse Properties LLC will be responsible for all off site improvements as set out in the purchase agreement. The purchase price of $50,000 is the fair market value based on an appriasal prepared by Michael Burger and Associates, an independent appraisal company. A Phase I Environmental Site Assessment report has been provided by the Seller. On February 18, 2010, the Planning Department found the acquisition consistent with the Metropolitan Bakersfield General Plan. MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q n TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 2, 2010 CITY ATTORNEY 61- CITY MANAGER & SUBJECT: Agreement with JEFF WANAMAKER, individually and as Administrator of the ESTATE OF ROBERT WANAMAKER, deceased, JAMES L. LEONHARD and ROBIN C. LEONHARD as Trustees of the James and Robin Leonhard Trust dated January 9, 1990, MASONIC HOMES OF CALIFORNIA a California Corporation, JOHN R. MATHIE as Trustee of the Mathie Family 1990 Trust dated January 31, 1990, MARSHALL PLAN, LTD., a California Limited Partnership, EDWIN LEROY TOLLES as Trustee, MARY ANNE GARNER FRISONE as Trustee of the Mary Anne Garner Frisone Revocable Trust U/A dated September 17, 1993, JAMES E. MUNSON and CHERRON G. MUNSON individually and as Trustees of the James E. And Cherron G. Munson Revocable Trust U/A dated November 16, 1993, GAYLE GARNER ROSKI individually and as Trustee of the Gayle Garner Roski Revocable Trust U/A dated November 16, 1993, PATRICIA BURNS GEBHARDT, CHARLES B. RANDALL, JUDY SHULTIS STEFFENS, CLARITA J. SCHULTIS, JAMES A. SHULTIS, KERMINETTE S. BONNEY individually, ANNETTA S. LEE, ANNETTA LEE, KERMINETTE S. BONNEY and GEORGE W. BONNEY, II, husband and wife, TUCKER GARNER, JANETTE R. GARNER, CHARLES W. BOZARTH and ANNE LANE BOZARTH as Trustees of the Charles W. Bozarth and Anne Lane Bozarth 1976 Trusts, TONI BLOEMER as Executrix of the Bloemer Estate, LP, a limited partnership, OPTOMISTS BOYS HOME AND RANCH a California Corporation, NORTHERN TRUST, RRR CUSTODY, RALPH B. TIPPET, CORNELIA M. BELL, LAURIE LINK WALLACE, ROBERT JAMES RUDOLPH, Trustee and/or Executrix under Will of William Rudolph, deceased, to purchase real property located on the east side of Mohawk Street south of Rosedale Highway for $2,217,440.00 for the Westside Parkway. TRIP (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield has been acquiring properties for the Westside Parkway for over 15 years. The property currently being acquired consists of several parcels that comprise approximately 55 acres in total. It is located at the northeast quadrant of the Westside Parkway and Mohawk Street. The property is owned by multiple parties each with a fractional interest ranging from approximately 35% to less than 1%. The purchase price of $2,217,440.00 is a product of negotiations based on appraisals prepared by Randy K. Merriman, MAI and Michael C. Burger, MAI and represents the fair market value of the property being acquired. December 2, 2010, 4:08PM P:\MyFiles\Admin Reports\Wanamaker East.doc DMA/s A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. Funding for the purchase will be a combination of State and local road funds. No General Fund dollars will be used regarding this purchase. December 2, 2010, 4:08PM P:\MyFiles\Admin Reports\Wanamaker East.doc DMA/s MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: G , 0. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 22, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 4 to Agreement 06-208 with Dokken Engineering, ($280,000.00; for a revised not to exceed total of ($7,367,674.00) for Engineering Design Services for Phases 1 and 4 of the Westside Parkway Project (TRIP). (Ward 2) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The City entered into Agreement 06-028 on July 19, 2006 with Dokken Engineering to provide Engineering Design Services for Phase 1 (Mohawk Street Extension) of the Westside Parkway Project. Amendments 2 and 3 were subsequently entered into to provide these services for Phase 4 (Truxtun Tie-in) of this project. Phase 1 includes the construction of Mohawk Street from Rosedale Highway (SR-99) to Truxtun Avenue. Phase 4 consists of constructing 4 lanes of freeway between Truxtun Avenue and the Mohawk St. Interchange currently under construction. Dokken performed additional work which was outside of their original scope of services, but which was needed in order to complete the final design for these projects. They provided additional support to City staff regarding property acquisitions for the projects, and there were revisions to the construction plans required after the plans had already been completed. When Phase 1 was initially designed, it was not anticipated that the Truxtun Tie-In (Phase 4) would be able to be constructed until a final alignment for the SR-58 Connector (Centennial Corridor), that will connect the east end of the Westside Parkway to SR-58 east of SR-99, was selected. But TRIP staff, while working with Dokken and Caltrans, was able to develop a Truxtun Tie-In project that would accommodate any of the Centennial Corridor Alternatives under consideration. This Phase 4 project required changes to the Phase 1 plans that had been already completed and bid. Much of the Phase 1 project (Mohawk Street) is elevated as the road passes over both the Westside Parkway and the Burlington Northern and Santa Fe Railroad. And though access is provided to properties on either side of Mohawk, these properties were owned by the same owner who saw this project as bisecting his properties. Dealing with this owner required extensive time and negotiation and involved many different engineering related scenarios including tunnels, bridges, additional access points, and other engineering work that Dokken provided to the City for these discussions. Finally, there were some changes required at both the north end and south ends of the Phase 1 project (at the Rosedale Highway and at the Truxtun Avenue intersections) required after the project had already been designed. The changes at the south end were to accommodate additional access to businesses in this area as well as changes to the water line installation in order to minimize service disruption during construction. The changes at the north end of the project were to G:\GR0UPDAT\ADMINRPT\2010\12-150okken Amendment 4- Admin.doc ADMINISTRATIVE REPORT accommodate some requests by Caltrans for SR-58 (Rosedale Highway) that were not originally anticipated, but that were needed in order to obtain a permit from Caltrans for work in this area. Staff recommends approval of this amendment. Adequate funds have previously been budgeted to pay for this Amendment. tdw G:\GROUPDArADMINRPT\2010\12-15\Dokken Amendment 4- Admin.doc MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: C1, . TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 22, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement 07-339 with AECOM Technical Services Inc., (formerly Lim and Nascimento Engineering Corporation), (reduction of $546,832.43); for a revised not to exceed total of $2,081,745.78) for Engineering and Environmental Services for the Hageman Flyover. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City entered into Agreement 07-339 on September 26, 2007 with AECOM Technical Services Inc., (formerly Lim and Nascimento Engineering Corporation) to provide Engineering and Environmental Services for the Hageman Flyover Project. This project connects Hageman Road west of SR-99 to Golden State Avenue/SR-204 east of SR-99. This Amendment is a reduction to this contract. This reduction is due to a simplification to the alternatives that had originally been anticipated for the project. In addition, Parson's TRIP staff undertook and completed the traffic analysis for this project as part of their Program Management work. These items resulted in a reduction in the scope of work AECOM was originally tasked to perform. Staff recommends approval of this deductive amendment. Due to the voluminous nature of the exhibits to this agreement, they are on Me in the City Clerk's Office for review. tdw Rev.: December 3, 2010, 11:37AM G:\GR0UPDATXADMINRPT\2010\12-15WECOM (LAN) Amendment 1- Admin.doc MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: , , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 22, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement 07-338 with PB Americas, Inc., ($472,615.00; for a revised not to exceed total of $2,945,529.00) for Engineering and Environmental Services for the SR-178 Widening. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City entered into Agreement 07-338 on September 26, 2007 with PB Americas, Inc. to provide Engineering and Environmental Services for the SR-178 Widening Project. This project includes the widening of SR-178 to six lanes between Vineland Road and Masterson and four lanes between Masterson and Miramonte Drive. As development of the project progressed, extra work is being required by Caltrans beyond that originally identified in this contract. This extra work is to treat issues associated with how future improvements to the highway would be dealt with beyond those improvements that would be TRIP funded. These included items such as an expansion of the project limits, additional soil and drainage studies, new requirements for green house gases, and some additional biological studies and surveys. Adequate funds have already been budgeted to pay for this Amendment. Due to the voluminous nature of the exhibits to this agreement, they are on rile in the City Clerk's Office for review. tdw Rev.: December 3, 2010, 12:09PM G:\GROUPDAT\ADMINRPT\2010\12-15\PB Amendment 1- Admin.doc f.~~ ~F3 ~:J 1^ni C7~ .ADMINISTRATIVE REPORT F MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: Q. Y. TO; Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: December 2, 2010 CITY ATTORNEY CITY MANAGER SUBJECT; Amendment No. 2 to Agreement No. 09-137 with the Housing Authority of the County of Kern ($63,904, total not to exceed $4,878,904) for the purchase and rehabilitation of a foreclosed 99-unit independent living facility at 2221 South Real Road, (WARD 6) RECOMMENDATION: Staff recommends approval. BACKGROUND: On November 4, 2009, City Council approved Agreement 09-137 with the Housing Authority of the County of Kern for the purchase and rehabilitation of a foreclosed 99-unit independent living facility at 2221 South Real Road utilizing Neighborhood Stabilization Program (NSP) funds. Likewise, on February 17, 2010, City Council approved Amendment 1 to Agreement 09-137 to cover unanticipated costs associated with asbestos abatement and an upgrade to the fire alarm system at the facility. Staff is now proposing Amendment 2 to the agreement to amend the project timeline by approximately seventeen weeks, and increase the project budget by $63,904, and include additional language to comply with NSP requirements. As the Pinewood Glen Retirement Community project is nearing completion, the Housing Authority has experienced unanticipated rehabilitation costs associated with plumbing, electrical, painting, and site landscaping. The Housing Authority is proposing that the additional funding come from surplus NSP funding from another NSP activity, the rehabilitation of single-family residences by the Housing Authority. The revised total cost for purchase and rehabilitation of the property is $4,878,904, and execution of this amendment will extend the project timeline by approximately seventeen weeks. Project completion is expected by the end of the 2010 calendar year. Only NSP funding is being used for this project. The use of NSP funding also requires the lease of at least fourteen units to residents earning equal to or less than 50-percent of Area Median Income. The remainder of the units must be occupied by residents earning equal to or less than 120-percent of Area Median Income. The proposed amendment requires compliance with these requirements. S:\Admins\City Council\City Council Admins 2010\Pinewood Glen Amend 2_Admin.Docx 12/2/2010 2:49 PM RB 44 ADMINISTRATIVE REPORT LIFO MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q.5. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 18, 2010 PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Amendment No. 1 to Agreement No. 10-075 with GC Environmental, Inc. ($500,000; revised not to exceed $1,000,000) to amend original Agreement for Landfill Gas System Services for the Bakersfield Sanitary Landfill Closure Project due to new state regulations (Ward 3). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On June 9, 2010, Agreement No. 10-075 was approved with GC Environmental, Inc. to provide monitoring, reporting, adjusting, repairing, planning, design and addition to the City's landfill gas system. This Agreement had a not to exceed amount of $500,000 and provided services for a five year term ending on June 30, 2015. Approximately half of the compensation amount is needed for routine monitoring and maintenance, with the remainder needed for pipeline relocation and well elevation changes to be during the upcoming closure project. After the original Agreement was approved by the City Council, new state regulations were enacted, requiring the City to further modify the system. The new regulations require removal of gas from greater depths than before. Staff estimates that an additional $500,000 must be added to the original Agreement to comply with the changes mandated by the new state regulations. Therefore, staff recommends that the not to exceed compensation amount be increased to $1,000,000. A separate funding source entitled "the Landfill Closure Reserve Fund" was established to fund the Landfill Closure Project. Therefore, sufficient funds remain in the Project's budget to fund this Amendment. Staff recommends approval of Amendment No. 1 to Agreement No. 10-075 with GC Environmental, Inc. This Amendment increases the not to exceed compensation amount from $500,000 to $1,000,000. There is no General Fund impact associated with this Amendment. mh November 19, 2010 S:\FILING\400 CONTS & AWNTS\FY_1011\Admin Rpt - Amend Agmt GCE 10-075.doc MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: C4, t, TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 12VL DATE: November 16, 2010 CITY ATTORNEY CITY MANAGER W SUBJECT: Amendment No. 1 to Agreement No. 09-162 with Bakersfield Homeless Center (annual cost of $159,744) to extend term of Agreement by one year for the sorting of green waste material at the Mt. Vernon Green Waste Facility (Ward 1). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On December 16, 2009, Agreement No. 09-162 was approved with the Bakersfield Homeless Center for the sorting of green waste material at the Mt Vernon Green Waste Facility. The annual compensation amount for this Agreement was $153,504. In addition, the Agreement's term was for one year and could be renewed annually for four consecutive one-year periods. The current Agreement ends in December 2010. Therefore, an amendment is needed to extend the term for an additional year. This amendment provides for an annual compensation amount of $159,744 for the next one year term. This program has proven to be a tremendous success for both the City and the Homeless Center. The City has received excellent service in the sorting of green waste material. The Bakersfield Homeless Center has been able to launch an employment program that is empowering homeless individuals to find housing, employment opportunities, and job training skills. Due to this mutually beneficial relationship over the past year, both parties desire to extend the Agreement for an additional year. Staff recommends approval of this Amendment with Bakersfield Homeless Center. Sufficient funds are budgeted to fund this Amendment. There is no General Fund impact associated with this Amendment. mh November 17, 2010 SAFILINGV100 CONTS & AGMNTSIFY 1011\Admin Rpt -Bakersfield Homeless Center Agmt No. 09-162 MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: Ci, Lt. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 30, 2010 DEPARTMENT HEAD /✓S CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 4 to Agreement No. 02-061 with CC Plaza, LLC for office space at 900 Truxtun Avenue to extend lease for additional three years with two one year options to extend. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On March 6, 2002, the City of Bakersfield entered into Agreement No. 02-061 to lease administrative office space at 900 Truxtun Avenue for the Recreation & Parks and the Economic & Community Development Departments. On November 19, 2003, the lease was first amended to delete a portion of the first floor lease space. Then in December of 2006, the City purchased the Borton Petrini Building. In January of 2007, the Economic & Community Development Department and the Fire Prevention Division were relocated from the second floor of 900 Truxtun to the third and fourth floors of the Borton Petrini Building, and the Thomas Road Improvement Program (TRIP) and Parsons were relocated from the third and fourth floors of the Borton Petrini Building to the second floor of 900 Truxtun Avenue. This was done to consolidate the TRIP personnel onto one floor to achieve operational efficiencies. The lease was amended for the second time on January 30, 2008, to extend the lease term for an additional three years. Also the lease was amended to delete all but 56 square feet of the first floor since Recreation & Parks has been relocated into the Borton Petrini Building in February of 2008. The rent was increased from $1.55 a square foot to $1.70 a square foot or $18,455 per month on a modified full service basis, meaning the City will pay for rent and janitorial services and the landlord will pay all other costs. On August 19, 2009, the lease was amended for a third time to incorporate space previously subleased from Quad Knoff to provide for the additional staff that was hired as TRIP's workload increased. However, to reduce costs the City relocated this space into another office suite within the same building which resulted in a savings of approximately $1,000 a month in rent plus the cost of utilities. It has been determined that the building continues to meet the needs of the TRIP program and the rent is consistent with comparable buildings suitable for our purposes. So the City is proposing to extend the lease for an additional three years with two one year options to extend. The current rental rate and all other terms and conditions of Agreement 02-061 will remain the same. November 30, 2010, 8:43AM PAMyFiles%dmin Reports\900 Truxtun Fourth Amend.doc DMAls A ~ J ADMINISTRATIVE REPORT 1 0 MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: G(, q. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD il, DATE: November 30, 2010 CITY ATTORNEY Q~ CITY MANAGER SUBJECT: Contract Change Order No. 3 to Agreement No. 09-113 with Kern Pacific Construction ($10,146.33; revised not to exceed $3,239,874.92) for the Mesa Marin Sports Complex Project (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for construction of four softball fields, restroom, concession stand, irrigation system, walkways and all infrastructure for the Mesa Marin Sports Complex. During construction of the storm drain line, it was discovered that 70 lineal feet of this line will need to be lowered in order to go under the drainage channel at the west end of the project. As part of this work, an additional manhole will also have to be installed. The contractor has agreed to accept a lump sum payment of $9,137.43 for this additional work. During the installation of the backstops, two wells which were part of the an old leaching system were discovered. The contractor has agreed to abandon these leach wells for the lump sum price of $523.88. During construction of the building pad, it was discovered that the elevation of one of the existing PVC sewer lines going to the site was too high to be used for this project. The contractor has agreed to accept a lump sum price of $485.02 to excavate, cap, and abandon this sewer line. It should be noted that another existing sewer line will be used for the building plumbing. The net cost increase of Change Order No. 2 is $10,146.33. The sum of all change orders to date on this project reflects a total cost increase of $112,374.92 (which is an increase of 3.6% of the original contract amount) as illustrated below: • Original Contract Amount = $3,127,500.00 • Amended Contract Agreement after Change Orders = $3,239,874.92 Net increase to date = $ 112,374.92 Sufficient funds are budgeted to fund this Change Order. Funding sources for this Change Order include Capital Outlay Funds and park development fees. RM (Construction) November 30, 2010, 4:08PM G:\GROUPDAT ADMINRPT\2010\12-15\CCO 3 Mesa Marin Sports Complex.doc BA T~~pp14 E Sl U ADMINISTRATIVE REPORT LIFO MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q . W. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 30, 2010 APPF- ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 1 to Agreement No. 10-015 with Sandoval Construction and Excavation ($34,260.15; revised not to exceed $177,426.39) for the project known as Sewer and Water Improvements: Southwest Hanger Area at the Bakersfield Municipal Airport (Ward 1). RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project provides for the construction of sewer and water facilities which will serve the future hangers in the southwest portion of the Bakersfield Municipal Airport. During construction it was discovered that a previously undetected 24 inch irrigation line was running under an area of the new building pad for one of the future hangers. This irrigation line needs to be relocated in order that this building pad can be properly constructed. The contractor has agreed to do relocate the irrigation line for the lump sum price of $42,710. Several contract item quantities had to be decreased in order to construct this project per the plans and specifications. These quantity reductions will result in a total credit of ($8,449.85) This is the first change order to be submitted for this project. This change order will increase the project total by $34,260.15 (which results in an 23.9% increase of the original contract amount) as illustrated below: Original Contract Amount = $143,166.24 Amended Contract Agreement after Change Orders = $177,426.39 Net Increase to date = $ 34,260.15 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) November 30, 2010, 3:50PM G:\GROUPDAT\ADMINRPT\2010\12-15\CCO 1 Bakersfield Airport SW Hanger Area Sewer & Water.doc 1)A ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: ~ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 29, 2010 Reject all bids for the annual contract for the supply of dewatering polymers. (Ward 6) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: This item was originally on the November 17, 2010 Council agenda for consideration. A letter of protest was filed by one of the vendors who participated in the bid process and City staff requested the item be removed from the agenda to allow time to review the claims made in the letter. Staff has verified that the equipment settings were the same on all test dates, but the test results on one particular date do reflect anomalies when compared to tests run on other dates. Therefore, out of an abundance of caution, staff is recommending that the bid results be rejected. Staff will re-evaluate the product testing procedures and re-bid this item in the near future. Purchasing Division kb SAPURCKADMINWdmin 10-11\Reject Bids -AC Supply Dewatering Polymers, 10-11-15, December 15, 2010.docx ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: G . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 1, 2010 CITY ATTORNEY D~ CITY MANAGER ~-J SUBJECT: Accept bid and approve annual contract for the supply of DAF polymers to Polydyne, Incorporated in the amount of $50,173.88 for the Public Works Department, Wastewater Division Plant #3. (Ward 6) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Dissolved Air Flotation (DAF) thickeners were constructed as part of the Wastewater Treatment Plant #3 expansion project, and currently the DAF units are in service. The objective of flotation thickening is to separate solids from the liquid phase of the sludge. To achieve this separation and to properly operate the DAF unit, the use of polymer is necessary to condition the sludge. The use of polymer will promote coagulation of the sludge solids and help thicken the sludge for DAF treatment. This contract is for the estimated annual supply of polymers at Wastewater Treatment Plant #3. Invitations to Bid were sent to over four hundred (400) suppliers for the Annual Contract for the supply of DAF polymers. Three (3) bids were received in response to solicitation and are as follows. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Sufficient funds are available in the Sewer Enterprise Fund for this contract. BIDDER AMOUNT Polydyne, Inc. $ 50,173.88 Riceboro, GA Ashland Hercules Water Technologies $ 61,377.75 Wilmington, DE Calpi, Inc. $196,311.38 Bakersfield, CA Purchasing Division/kb SAPURCHIADMIMAdmin 10-11 WC for Supply of DAF Polymers, 10-11-37, December 15, 2010.docx December 1, 2010, 4:35PM ADMINISTRATIVE. REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: , 2 . TO: Honorable Mayor and City Council APPROVED FROM DATE: Nelson K. Smith, Finance Director December 1, 2010 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bids and approve contract to Stay Green, Inc. ($100,000) for the annual contract for tree trimming. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to bid were sent to all registered bidders for tree trimming and related services. Six (6) bids were received in response to the solicitation. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. The bids solicited were based on a list of tree pruning, removal and other related service descriptions with estimated quantities. A spreadsheet analysis is attached identifying Stay Green, Inc. as the lowest overall cost to the City for the annual contract for tree trimming. Staff finds the bid submitted, from Stay Green, Inc. to be acceptable and recommends approval of the contract in the amount of $100,000. Funds are budgeted in the General Funds for this contract. Purchasing Division/kb SAPURCHWDMINAdmin 10-MAC for Tree Trimming, 10-11-39, December 15, 2010.docx Innovative Annual Contract for Quest Tree United PacMc West Coast Landscape rL Tree Trimming Stay Green, Inc Management, Inc. Singh Group Services, inc. Arborists, Inc. Services BID NO. 10-11-39 Santa Clarita, CA Bakersfield. CA Carslbad, CA La Habra. CA Anaheim, CA Fresno, CA 661-291-28M 661-837-8733 760-450-0534 562-6914600 714-991-1900 559-86D-9071 661-705-2089 (Fax) 661-588-5405 (Fax) 562-691-8839 (Fax) 714-956-3745 (Fax) 559-292-1776 (Fax) UNIT EXTENDED UNIT EXTENDED EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION PRICE PRICE PRICE PRICE UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE Tree Pruning 1 0" dbh to 7" dbh 41 21.00 1161.00 24.50 1,004.50 .45.00 11845. 25.00 1,025.00 35.00 1,435.00 75.00 3,075.00 040 00 40 2 Greater than 7" dbh to 17' dbh 308 50.00 15,400. 78.50 24,178.00 85.00 26.180.001 110.00 33,880.00 85.00 26,180.00 130.00 . , 3 Greater than 17" dbh to 25" dbh 144 115.00 16,540. 129.00 18,576.00 122.00 17,568. rnI 115.00 16,560.00 175.00 25,200.00 200.00 28.800.00 10 325 00 4 Greater than 25" dbh to 36" dbh 35 133.00 4,655.00 168.00 5,880.00 145.00 5,075.00 140.00 4,900. 175.00 6,125.00 295.00 . . 5 Greater than 36" dbh 12 170.00 2,040.00 224.00 2,688.00 178.00 2.136.00 170.00 2.040.001 175.00 2.100.00 395.00 4,740.00 ►atm Does 6 Palm Tree - so' Qr less 8 50.00 400.00 34.00 272.00 55.00 440.00 35.00 280.00 50.00 400.00 225.00 1,800. 7 Palm Tree - Greater than so' i2 55.00 660.00 65.00 780.00 96.00 1,152.001 55.00 660.00 85.00 1,020.00 300.00 3,600.00 TOTAL TREE PRINING/PALMIEEES ,576.00 3,378.50 ,396.00 9,345.00 1,440.00 92.380.00 Ttee Removal -/Stump Oxong ' ' 00 75 00 110.00 100.00 100.00 115.00 45 dbh dbh to 7 11 a 9 Greater than r dbh to 17- dbh 1 . 250.00 250.00 . 94.00 94.00 330.00 330.00 265.00 265.00 300.00 300.00 205.00 20.5'00 10 Greater than 17" dbh to 25' dbh 4 425.00 1,700.00 145.00 580.00 505.00 2,020.00 475.00 1,900.00 450.00 1,800.00 355.00 1,420.00 11 Greater than 2s dbh to 36" dbh 2 600.00 1,100. 224.00 448.00 700.00 1,400.00 675.00 1,350.00 625.00 1,250.00 465.00 930.00 12 Greater than 36" dbh 900.00 324.00 945.00 885.00 850.00 690.00 TOTAL TREE REMOVAL W/iTUMPGRNDINC $3,150-01 $1,122.00 $3.750.00 53,515.00 $3.350.00 $2.555.00 Hourly Rote 13 Monday-Frid 7:00 a.m.-5:00 p.m. 150.00 84.00 190.00 165.00 150.00 150.00 00 14 Monday-Friday 5:01 .m: 6:59 a.m. 200.00 124.00 230.00 250.00 210.00 180. 15 Weekends 200.00 124.00 230.00 275.00 210.00 180.00 16 Holidays 230.00 1 1 144.00 250.00 325.00 210.00 200.00 MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: Gl . Q(.r,. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 1, 2010 CITY ATTORNEY 13, CITY MANAGER SUBJECT: Accept bid from Piranha Pipe and Precast in the amount of $64,742.16 for reinforced concrete storm drain pipe for installation by City staff at the Mesa Marin Sports Complex. (Ward 3) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: The reinforced concrete storm drain pipe will be used to construct a portion of a storm drain system at Mesa Marin Sports Complex. This storm drain is necessary to construct the drop-off area of the parking lot, the remaining portion of the parking lot is currently planned to be constructed by a developer. The storm drain is part of the Breckinridge Planned Drainage Area. Based on the anticipated peak water flow, the hydraulic design of the system requires a 66" pipe size for the portion the City will be building. The pressures inside the pipe during peak water flow dictate the need for double rubber gasket joints. Invitations to Bid were sent to over five hundred (500) suppliers for storm drain pipe. One bid in the amount of $64,742.16 was received from Piranha Pipe and Precast. Staff contacted more than one prospective bidder and found they either could not supply the double gasket pipe as required or they could not supply the 66 diameter material. Staff finds the bid from Piranha Pipe & Precast to be acceptable and recommends the purchase of the reinforced concrete storm drain pipe. Park Development Funds will be used to purchase the pipe, which will be installed by City staff. Purchasing Division/kb & PURCHMMIMAdmin 10-1 Mupply of Reinforced Concrete Storm Drain Pipe, 10-11-40, December 15, 2010.docx A OFyw 144re ADMINISTRATIVE REPORT 10 MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: G . bb - TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 24, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY D' CITY MANAGER ~W SUBJECT: Audit Reports to be Referred to Budget and Finance Committee: 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2010. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2010. 3. Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2010. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2010. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2010. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2010. RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee. BACKGROUND: The City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the Annual Audit Report, for the fiscal year ended June 30, 2010 will be provided to the City Council at the Council meeting. A copy of the report will also be on file in the City Clerk's office for review. The CAFR represents the City's financial statements as of June 30, 2010, which are audited by the accounting firm of Brown Armstrong Accountancy Corporation. The current compliance report issued by the outside auditors indicates that the City complied, in all material respects, with accounting principals generally accepted in the United States of America. 2. Attached is the Agreed Upon Conditions Report designed to increase efficiency, internal controls and/or financial reporting. The current report identified several control conditions and recommendations for improvement. 1 of 2 S.AdminAdmin Reports12010 CAFR refer to bud.doc November 24, 2010, 4.25PM 3. Attached is a draft of the City's Single Audit Report for the fiscal year ended June 30, 2010. The Single Audit Report pertains to federal program monies expended by the City during the specified fiscal year. An Independent Audit is performed annually to review internal control procedures and compliance with federal guidelines in accordance with Office of Management & Budget (OMB) Circular A-133. This annual audit was performed by Brown Armstrong Accountancy Corporation as part of their contract to provide auditing services to the City of Bakersfield. The current compliance report issued by the outside auditors indicates that the City complied, in all material respects, with federal program guidelines. We expect the final report to be available for the Budget and Finance Committee meeting. 4. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the Bakersfield Subregional Wastewater management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, indicates that there were no audit findings. 5. Attached is a letter from the City's independent auditors Brown Armstrong Accountancy Corporation indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. 6. Attached is the independent audit report for the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal year ended June 30, 2010. This audit report presents the financial statements for this operational unit as of June 30, 2010. The City is under contract with SMG to manage the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an independent audit report to the City after the end of each fiscal year. This audit report was prepared by the accounting firm of Barbich, Longcrier, Hooper & King. 2 of 2 S 1AdmMAdmin Reports12010 CAFR refer to bud.doc November 24, 2010, 4:25PM O~ ac vo9K ~S ADMINISTRATIVE REPORT . M gLIFO MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q. (,C. TO: Honorable Mayor and City Council ROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD -4( DATE: November 29, 2010 CITY ATTORNEY D~- CITY MANAGER ~W SUBJECT: Fiscal Year 2009-2010 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006 (Wards 1, 3, 4, 5, and 7). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-2010 Annual Compliance Report for Planned Drainage Area Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees for the fiscal year ended June 30, 2010 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas. (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps GAGR0UPDAT\ADMINRPT\2010\ 12-15\PDA annual compliance report admin,doc F,11A ADMINISTRATIVE REPORT LIF MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: C~, d , TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 29, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Fiscal Year 2009-2010 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006 (All Wards). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009- 2010 Annual Compliance Report for Planned Sewer Area Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for the fiscal year ended June 30, 2010 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G:\GROUPDAT\ADMINRPT\2010\12-15\PSA annual compliance report admin.doc A ycovu„ U ADMINISTRATIVE REPORT IL• c IF, MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: , et. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 29, 2010 CITY ATTORNEY o~ CITY MANAGER .W SUBJECT: Fiscal Year 2009-2010 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees prepared in accordance with California Government Code §66006 (Wards 3 and 6). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-2010 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Bridge Crossings and Major Thoroughfare Fees for the fiscal year ended June 30, 2010 prepared in accordance with California Government Code §66006. A local ordinance may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares (GC §66484). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G:\GROUPDAT\ADMINRPT\2010\12-15\MBTA annual compliance report admin.doc BAK Q~ ~fAIPOM.Il~(CS1 ADMINISTRATIVE REPORT 8gL1 0 MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: C~ .9. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Recreation and Parks Director November 30, 2010 Fiscal Year 2009-2010 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. (All wards) APPROVED DEPARTMENT HEAD DL !4 CITY ATTORNEY :AZ CITY MANAGER RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-2010 Annual Compliance Report for Park Impact Fees (Report will be made available at the Recreation and Parks Department). BACKGROUND: Attached is the City of Bakersfield's Annual Compliance Report for Park Impact Fees for the fiscal year ended June 30, 2010 prepared in compliance with California Government Code Section 66006. On November 7, 1990, City Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. On April 19, 1995, City Council established an orderly process for the dedication, reservation and acquisition of park land within the City of Bakersfield for the purpose of supplying public parks and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no City Council action is required at today's meeting other than to make the information available to the public. jin SAADMINISTRATION DIVISIOMAdmin Rpts\2010 Admins\AB 1600 - make available.doc 0~ CA AR~r U ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 29, 2010 Fiscal Year 2009-2010 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006 (All wards). A OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2009-2010 Annual Compliance Report for Transportation Impact Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees for the fiscal year ended June 30, 2010 prepared in accordance with California Government Code §66006. In April 1992, Council adopted a transportation impact fee program to fund improvements to the Metropolitan Bakersfield transportation system necessary to accommodate future growth. In January 1997, Council adopted Phase II of this program, which was designed to fund more projects and eliminate the need for developers to provide transportation impact studies for most projects. In September 2003, Council adopted Phase III of this program with the intent of updating the program and encouraging in-fill development by creating a Core and Non-Core area within the Metropolitan Bakersfield General Plan limits including individual fee structures for the respective areas. In July 2009, Council approved Phase IV of this program which adopted a regional program and projects development through 2035. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 12, 2011 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G:\GROUPDAT\ADMINRPT\2010\12-15\TIF annual compliance report admin.doc A ADMINISTRATIVE REPORT 1F0 Fkfiffi-N-G DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: , h TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD (:&C~L DATE: December 2, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG) Action Plan Amendment No. 3 (FY 10/11) and Amendment No. 13 (FY08/09). (Wards All) RECOMMENDATION: Staff recommends approval. BACKGROUND: Economic and Community Development staff is proposing to transfer $241,249 in program changes and $158,751 of McDonald/Stockdale Area Sewer Assessment Project to create South Mill Creek Park and Parking Project ($350,000). Staff is also proposing an appropriation of $50,000 in CDBG Fund Balance for the Home Access Grant Program ($50,000). In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME annual plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed change for a period of 30 days. A notice was published on November 14, 2010 requesting comments and to date no comments have been received. Staff is proposing the following amendments to CDBG: 1) Create South Mill Creek Park and Parking Project in the amount of $350,000 to create a small park and parking on 12,546 square feet of land, adjacent to the South end of Mill Creek Linear Park at 1231 R Street and 700 California Avenue. 2) Create Home Access Grant Program in the amount of $50,000 to provide grants up to $3,500 for handicap accessibility in privately or publicly owned residential structures in neighborhoods. 3) Reduce McDonald/Stockdale Area Sewer Assessment Project in the amount of $158,751 in project savings. This project is complete. S:\Admins\City Council\City Council Admins 2010\action plan amendment 12-15-10.doc 12/2/2010 4:06 PM ds ADMINISTRATIVE REPORT Page 2 4) Transfer Unprogrammed Project Savings which are to be utilized and adjusted accordingly for cost overruns, tied to specific projects/programs or reprogrammed for a new activity(s) at a later date in the amount of $241,249. S: \ Admins\ City Council \City Council Admins 2010\action plan amendment 12-15-10.doc 12/2/2010 4:06 PM ds A ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: q, i j, TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: December 2, 2010 CITY ATTORNEY CITY MANAGER ~eS SUBJECT: Transfer $171,115 Community Development Block Grant (CDBG) Contingency Funds within the CDBG Fund Operating budget for the South Mill Creek Park and Parking Project, RECOMMENDATION: Staff recommends approval, BACKGROUND: Economic and Community Development staff is proposing to transfer $171,115 in Community Development Block Grant Contingency Funds and $178,885 in program savings from McDonald/Stockdale Area Sewer Assessment Project ($158,751) and various other projects ($20,134) to create the South Mill Creek Park and Parking Project ($350,000), The South Mill Creek Park and Parking Project will create a small park and parking which will be located adjacent to the southern end of the 1,5 Mill Creek Linear Park, This small park will provide additional green space for the new residents of the Creekview Villa Townhomes (36 units for- sale), City Place (70 units affordable multi-family units), and the future Millcreek Courtyard (57 market-rate multi-family rental units). December 2, 2010, 3:28PM S: \Admins\ City Council \City Council Admins 2010\South Millcreek Park Budget Transfer.docx ds 9~ fiAh OS ~cnn,ox„~~~ ADMINISTRATIVE REPORT MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: GI , ' TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: December 3, 2010 APPROVED DEPARTMENT HEAD ` CITY ATTORNEY _ CITY MANAGER F~ SUBJECT: Appropriate $13,520.80 Federal Grant Revenues (FY2010-1 1 Next Generation - Click It or Ticket Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for seatbelt enforcement mobilizations in the Traffic Division. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On November 10, 2010 the Bakersfield Police Department was awarded $13,520.80 from the State Office of Traffic Safety (O.T.S.) for the FY2010-1 1 Next Generation - Click It or Ticket Mini- Grant Program. The purpose of the "Next Generation Click-It or Ticket" program is to promote sustained seatbelt enforcement. This will be accomplished through a highly publicized seat belt enforcement mobilization in November of 2010 and May of 2011, in which the Bakersfield Police Department will be aggressively enforcing the State's occupant protection laws. In addition, the Click It or Ticket campaign will promote sustained seat belt enforcement conducting intensified monthly enforcement efforts. The campaign relies on heavy enforcement and public education as a means to help California achieve the highest seat belt use rate in the nation. The goal of this campaign is to increase seatbelt use, statewide to 96 percent. DB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (12-15-10) 2010 CLICK-IT-OR-TICKET GRANT (CT11027).docx 12/1/2010 4:43 PM Page 1 of 1 t ~JO~,Y ADMINISTRATIVE REPORT ~C~'+4xrn~' MEETING DATE: December 15, 2010 AGENDA SECTION: Consent Calendar ITEM: (I .kV_. TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: December 3, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY a k~ CITY MANAGER SUBJECT: Appropriate $57,462.00 Fed eral Grant Revenues ( FY2010-11 So briety Checkpoint Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On November 22, 2010 the Bakersfield Police Department was awarded $57,462.00 from the State Office of Traffic Safety (O.T.S.) for the FY2010-1 1 Sobriety Checkpoint Mini-Grant Award. The goal of the Sobriety Checkpoint Mini-Grant Program for FY2010-11 is to reduce the number of victims killed and injured in alcohol-impaired crashes in participating cities. The Bakersfield Police Department will conduct a total of six (6) sobriety checkpoints between the two mobilization periods (Winter Holiday Mobilization - 12/17/10 through 01/02/1 1, and the Labor Day Mobilization - 08/19/11 through 09/05/11). DB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11 \ADMIN RPT - (12-15-10) 2010 OTS SOBRIETY CHKPT MINI-GRANT (SC11027).docx 12/1/2010 4:41 PM Page 1 of 1 A 14 S ADMINISTRATIVE REPORT LIF MEETING DATE: December 15, 2010 AGENDA SECTION: Hearings ITEM: 11, (k. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 30, 2010 CITY ATTORNEY Q~ CITY MANAGER SUBJECT: Public Hearing to consider a Resolution ordering the vacation of Hopper Court between Union Avenue Loop West to the north right-of-way of the Southern Pacific Railroad tracks, adjacent to 2501 Union Avenue Loop West. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request to vacate Hopper Court between Union Avenue Loop West to the north right-of-way of the Southern Pacific Railroad tracks, adjacent to 2501 Union Avenue Loop West. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are City sewer and storm drain facilities in this area, along with street light electrical conduits. The City will reserve a Public Utility Easement (PUE) over the vacated area. The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. On October 5, 2010, the Planning Department found the proposed vacation of Hopper Court, between Union Avenue Loop West to the north right-of-way of the Southern Pacific Railroad tracks, adjacent to 2501 Union Avenue Loop West 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. 1678 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of November 3, 2010. Notice of this public hearing has been duly advertised and posted as required by law. /mm G:\GROUPDAT\ADMINRPT\2010\12-15\Hopper Street Vacation.doc ADMINISTRATIVE REPORT IF MEETING DATE: December 15, 2010 AGENDA SECTION: Report ITEM: , 0. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 2, 2010 APPROVED DEPARTMENT HEAD YZ LA CITY ATTORNEY CITY MANAGER SUBJECT: Status of Thomas Roads Improvement Program (Various Wards) Staff will provide a brief update on TRIP. kpb G:\GROUPDAT\ADMINRPT\2010\12-15\TRIP Update.docx MEETING DATE: December 15, 2010 AGENDA SECTION: New Business ITEM: , a,. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: December 2, 2010 SUBJECT: Election of Vice-Mayor. APPROVED DEPARTMENT HEAD k1 CITY ATTORNEY CITY MANAGER /w RECOMMENDATION: To be determined by Council. BACKGROUND: Following a Council election, and in accordance with City Charter, Council shall elect one of its members Vice-Mayor. At the next regularly scheduled City Council meeting on January 12, 2011, and in accordance with Section 2.02.020 of the Municipal Code, the newly elected Vice-Mayor makes appointments to all committees. The following is a list of current standing, ad hoc committees and other Special Board appointees, to be filled on that date: Standing Committees: Budget and Finance Community Services Legislative and Litigation Personnel Other Vice-Mayor Appointments: Planning and Development Safe Neighborhoods and Community Relations Water Resources Kern Council of Governments San Joaquin Valley Air Pollution Control District Kern Economic Development Solid Waste Management Advisory Kern County Museum Authority Planning Commission Liaison pl December 3, 2010, 9:23AM Selections\admin rpt\2006\vice-mayorelection BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 17, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. City Clerk Gafford announced that, at the request of the City Attorney, Closed Session Item 15.a. is being pulled from tonight's agenda. In addition, staff has requested Consent Calendar Item 8.v. be removed from the agenda. 2. INVOCATION by Rabbi Cheryl Rosenstein, Temple Beth El. 3. PLEDGE OF ALLEGIANCE by Jocelyn and Jacqueline Sala, Pre-K and 2nd grade students at St. Francis School. Mayor Hall acknowledged the political science class from Bakersfield College in attendance at the meeting to learn about City government. 4. WORKSHOPS ACTION TAKEN None. Bakersfield, California, November 17, 2010 - Page 2 5. PRESENTATIONS a. Presentation by Caryn Claiborne, Human Resources Analyst II, to department winners of the 2010 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City. Jena Covey, City Manager's Office; Pete Jackson, Development Services; Wendy Zielsdorf, Economic and Community Development; Cyndee Hluza, Finance; Bonnie Bradshaw and Kevin Mullins, Fire; Angelica Mendoza and Jeff Saso, Police; Jaime Flores and John Williams, Public Works; Abel Aguilar and Lisa Moton, Recreation and Parks; and Carlos Tijerina, Water Resources. The recipient of the Extra Mile Award for 2010 was Wiladene Sawyer, Webmaster, Information Technology Division of the City Manager's Office. b. Presentation by Mayor Hall of Proclamation to Matthew Constantine, Kern County Public Health Director, declaring November 17, 2010, Smokeout Day. Mr. Constantine received the Proclamation, made comments, and submitted written material. C. Presentation by Mayor Hall of keys to the City to Councilmembers Irma Carson and Zack Scrivner. Councilmember Carson received the key to the City and made comments. Vice-Mayor Scrivner received the key to the City and made comments. 6. PUBLIC STATEMENTS a. John Decker spoke regarding unregistered vehicles parked on the street and painting the curb red at the pedestrian island by Mexicali so vehicles won't park there. ACTION TAKEN Councilmember Benham asked staff to follow up on Mr. Decker's Issues to determine if some of his suggestions might be implemented. Bakersfield, California, November 17, 2010 - Page 3 6. 7. 8. PUBLIC STATEMENTS continued ACTION TAKEN b. Jeff Wer introduced himself and his new restaurant, at 3825 Ming Avenue, Suite B, and expressed his interest in serving the community. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 3, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR, COUCH October 22, 2010 to November 4, 2010 in the amount of $10,280,796.06 and self-insurance payments from October 22, 2010 to November 4, 2010 in the amount of $190,659.44. Ordinances: C. First Reading of Ordinance approving a zone FR change from P.C.D. (Planned Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned Commercial Development) on approximately 5.14 acres located at 5001 Ming Avenue. (ZC No. 10-0395) (G.C. Corporation) d. Adoption of the following Ordinances (FR 11/03/10): 1. Amending Section 2.84.570 relating ORD 4629 employee sick leave payment. ORD 4630 2. Amending Section 8.32.060 relating to solid waste billing. ORD 4631 3. Amending Section 12.16.150 relating to construction work in streets. 4. Amending Section 14.04.240 relating to ORD 4632 water service connections. 5. Amending Sections 16.16.050 and ORD 4633 16.16.060 relating to tentative maps. 6. Amending Section 16.32.060 relating to ORD 4634 tract map improvements. ORD 4635 7. Amending Section 17.71.020 relating to outdoor lighting. Bakersfield, California, November 17, 2010 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN e. Adoption of Ordinance amending Chapter ORD 4636 15.65 of the Municipal Code relating to the Fire Code. (FR 11103110) Adoption of Ordinance amending Sections ORD 4637 15.04, 15.05, 15.07, 15.09, 15.1 1, 15.13, 15.15 and adding Sections 15.17 and 15.19 of the Building and Construction Codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code and California Green Building Code. (FR 11103110) Resolutions: g. Resolution amending the official list of RES 132-10 designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. h. Resolution confirming approval by the City RES 133-10 Manager designee of the Chief Code Enforcement Officer's Report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution approving application proposing RES 134-10 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 623 consisting of 1,597.73 acres generally located on the west side of Santa Fe Way between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road (future alignment). RES 135-10 Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 625 consisting of 793.26 acres located west of Renfro Road between Kratzmeyer Road and Reina Road, east of Nord Avenue. Bakersfield, California, November 17, 2010 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN k. Amendment No. 1 to Resolution No. 088-10 RES 088-10(1) approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090, et. seq. (Public Works Department) Resolution of Intention No. 1680 to add territory, ROI 1680 Area 5-60 (2213 & 2217 Coy Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public works Director's Report. Agreements: M. Final Tract Map and Improvement Agreement AGR 10-161 with Symbolic Investment & Operating Co., LLC for Tract 6364 Phase 1 located east of Renfro Road and south of Kratzmeyer Road. n. Memorandum of Understanding with Kern Council of Governments for conceptual AGR 10-162 planning and visualization activities for areas surrounding the proposed location(s) of the Bakersfield High Speed Rail terminal. o. Amendment No. 2 to Agreement No. 05-429 AGR 05-429(2) with Bright House Networks ($500,000) extending the license and naming rights for the Amphitheatre at The Park at River Walk. P. Amendment No. 1 to Agreement No. 09-016 AGR 10-163 with Littler Mendelson ($25,000; revised not to exceed $65,000) to provide outside legal services in the matter of Bakersfield Police Officers' Association v. City. q. Amendment No. 2 to Agreement No. 08-208 with Precision Fertilizer Spreading (no AGR 08-208(2) increase and extend term one year) for hauling and spreading biosolids. Bids: r. Reject all bids for Install Traffic Signal Interconnect - Part 8 Project. S. Reject all bids for piping materials and butterfly valves for the Stine Road Finished Water Pipeline Project. Bakersfield, California, November 17, 2010 - Page 6 8. CONSENT CALENDAR continued Accept bid and approve contract with West Coast Structures, Inc. ($282,712.97) for bridge rehabilitation projects: Manor Street at Carrier Canal and Union Avenue Overhead at UPRR. U. City in the Hills Park Project: Accept Base Bid only and approve contract with Elite Landscaping, Inc. ($1,598,000) for the project. 2. Appropriate $597,200 Park Development Fees to the Recreation and Parks Department Capital Improvement budget within the Park Improvement Fund (Zone 3). V. Accept bid and approve contract with Hercules, Inc. (Ashland) ($540,276.83) to supply dewatering polymers for Wastewater Treatment Plant No. 3. W. Accept bids and approve annual contracts with Falcon Fuels, Inc. ($1,824,000) and Valley Pacific Petroleum Services, Inc. ($1,976,000) for fuel. Miscellaneous: X. Appropriate $15,000 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Operating Budget, to fund overtime for Crime Scene Unit employees to process latent fingerprints into the AFIS database and clear the backlog of latent print comparisons. Y. California Emergency Management Agency (Cal EMA) Grant: 1. Accept Federal grant ($811,936) for mobile command unit, training and consultant. 2. Appropriate $811,936 Federal Grant Revenue to the Fire Department Urban Area Security Initiative (UASI) Fund Capital Improvement and Operating Budgets. ACTION TAKEN AGR 10-164 AGR 10-165 REMOVED AGR 10-166 AGR 10-167 Bakersfield, California, November 17, 2010 - Page 7 8. 10. CONSENT CALENDAR continued ACTION TAKEN City Clerk Gafford announced that a bid protest was received regarding item 8.v.; therefore, staff is requesting item 8.v. be removed from the agenda. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on Item 8.b. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.y., with the removal of item 8.v. CONSENT CALENDAR PUBLIC HEARINGS None. HEARINGS a. Public Hearing to consider Resolution adopting RES 083-07(1) the Amended Panama and Union Planned Sewer Area fee schedule and boundary. City Clerk Gafford announced correspondence has been received from Humberto Figueroa in opposition to this item. Public Works Director Rojas made staff comments and recommended adoption of the Resolution. Hearing opened at 5:53 p.m. No one spoke. Hearing closed at 5:53 p.m. Motion by Councilmember Carson to adopt the APPROVED Resolution. 11. REPORTS None. Bakersfield, California, November 17, 2010 - Page 8 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Weir asked staff to research the the issue of the Impact of price Increases and decreases on houses, and how many people are excluded from the market and how many people would enter the market, and the feasibility of adopting a pilot program (which would run for a certain period of time and phase out once certain conditions are met, and would stimulate the market, perhaps create jobs and produce revenue) where the City can offer fee credits for houses built on established and ready-to- build lots. Councilmember Benham announced she received a thank-you note from Luigi's for the Proclamation. Councilmember Benham expressed her appreciation to Vice-Mayor Scrivner and Councilmember Carson for their service to the City on the Council. Councilmember Sullivan thanked Councilmember Carson and Vice-Mayor Scrivner, and wished them well in their future endeavors. Councilmember Carson thanked Councilmembers Benham and Sullivan for their kind words, and expressed her appreciation to her colleagues on the Council and staff. Mayor Hall announced he had the honor of participating today in a groundbreaking for a 70-unit affordable housing project and a grand opening of an affordable living center. Mayor Hall advised he appreciated the proactive opportunities that Councilmembers Benham and Sullivan have done in their wards with various projects (the Oak Street undercrossing cleanup in Ward 2 and the adoption of a neighborhood for cleanup and graffiti removal in Ward 6). ACTION TAKEN Bakersfield, California, November 17, 2010 - Page 9 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall announced he participated in a ribbon cutting for Abate-A-Weed, a long-term business in Bakersfield, which celebrated its 45th Anniversary, and whose owner expressed his appreciation to Councilmember Couch and staff for their efforts in alleviating his left-turn pocket area when they made a change in their building several years ago. Mayor Hall wished everyone a Happy Thanksgiving. 15. CLOSED SESSION a. Public employee performance evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. 16. CLOSED SESSION ACTION None. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 6:09p.m. MAYOR of the City of Bakersfield, CA ATTEST: REMOVED CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 3, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting 2:00 p.m. SPECIAL MEETING - 2:00 P.M. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Hanson, Sullivan Absent: Councilmember Couch 2. PUBLIC STATEMENTS None. 3. NEW BUSINESS a. Accept low bid and approve contract with Security Paving Company, Inc. ($22,167,156.45) to construct the Westside Parkway Phase 4 (Truxtun Avenue Tie-in) Project. (TRIP) City Manager Tandy made staff comments regarding the Truxtun Tie-in and the STIP allocation. Public Works Director Rojas explained the project and the bids received; and recommended approval of the low bid. In response to a question from Councilmember Benham, City Manager Tandy explained the reason for the urgency of acting on this item today. ACTION TAKEN AGR 10-168 Motion by Councilmember Benham to accept the low APPROVED bid and award the contract. AB COUCH Bakersfield, California, December 3, 2010 - Page 2 4. ADJOURNMENT Mayor Hall adjourned the meeting at 2:23 p.m. MAYOR of the City of Bakersfield, CA ATTEST: ACTION TAKEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield