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HomeMy WebLinkAbout09/14/11_CC_AGENDA_PACKET16A BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 14, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Pastor Roger Norwood, Bakersfield First Assembly of God Church. 3. PLEDGE OF ALLEGIANCE by Carlos Garcia, 4th grade student at Del Rio Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Links for Life Board of Directors, President Stephanie Lynch, declaring October, 2011, Paint the Town Pink Month. b. Presentation by Mayor Hall of a Proclamation to KC the Bull and Kern County Fair CEO Bill Blair, declaring September 21 - October 2, 2011, as Kern County Fair Days. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Update on the Review of the Draft Environmental Impact Report for the High Speed Rail Project. Staff recommends acceptance of report. 7. APPOINTMENTS a. Application for Appointment of the Large City Member from Kern County to the San Joaquin Valley Air Pollution Control District Governing Board. Staff recommends Councll determination. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 17, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from August 4, 2011 to September 1, 2011 in the amount of $34,375,769.22 and self-insurance payments from August 4, 2011 to September 1, 2011 in the amount of $1,156,668.86, totaling $35,532,438.08. Ordinances: (ward 7) c. First Reading of Ordinance amending Municipal Code Section §1.12.070 by adding Annexation No. 604 consisting of 26.40 acres located along the north and south side of Taft Highway, east of S. H Street to Ward 7. d. Adoption of Ordinance determining to permit the continued existence and operation of the Bakersfield Redevelopment Agency. (FR 8117111) 8. CONSENT CALENDAR continued Resolutions: (Ward 1,2) e. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($185,624) from the U.S. Department of Justice to expand the downtown surveillance system, by adding cameras to cover the Police Headquarters building and areas on Union Avenue identified by high crime rates. f. Cry Wolf Alarm Permit and False Alarm Management Services: 1. Resolution determining that Cry Wolf False Alarm Management Software, Billing and Collection services cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor and establish Cry Wolf False Alarm Management Software, Billing and Collection services with Public Safety Corporation. 2. Agreement with Public Safety Corporation to integrate the Cry Wolf Alarm Management system with the Police Records Management System to facilitate the administration of false alarm charges and collections. g. Resolution in support of the ACR 42 regarding "Eat Local, Buy California Grown Day". (ward 7) h. Resolution to add territory, Area 3-82 (2739 Panama Lane) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (ward 2) i. Resolution to add territory, Area 4-102 (2408 & 2420 Eye Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (ward 7) J. Resolution of Intention No. 1697 to add territory, Area 5-63 (6801 Colony Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Ward 4) k. Resolution of Intention No. 1698 to add territory, Area 1-88 (2700 Calloway Drive) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Agreements: (Ward 1) I. Agreement with Covanta Delano, Inc. (anticipated annual revenue to the City is estimated at $750,000) for the sale of wood chips from the Mt. Vernon Recycling Facility. (ward 2) M. Agreement with SMG (not to exceed $60,000) for reimbursement of costs associated with renting Rabobank Area for the Christian Congregation of Jehovah's Witnesses 2012 conventions. n. Amendment No. 4 to Agreement No. 08-179 with Sungard Public Sector, Inc. ($168,853.33) for service support of licensed software. City Council Meeting of 09/14/2011 8. CONSENT CALENDAR continued o. Amendment No. 2 to Agreement No. 10-151 with Jim Alfter Cement Contractor ($150,000; revised not to exceed $463,352.50 and extend term one year) for canal liner repair. (Ward 2,4,5) p. Amendment No. 2 to Agreement No. 09-058 with Nolte Associates, Inc. ($446,159.98; revised not to exceed $6,532,920.93) for Construction Management Services for the Westside Parkway Project Phase 2. Bids: (Ward 2) q, Reject all bids for Street Improvements, Padre Hotel Block Project and Street Improvements, 19th and H Street Staging Area Project. (Ward 2) r. Reject all bids for the Development Services HVAC Replacement Project. S. Reject all bids for four-axle refuse trucks with roll-off bins. (ward 1) t. Accept bid and approve contract with Rock Bottom, Inc, ($140,725.01) for Landscape Improvements, Municipal Airport Project. U. Accept bid from Central California Power ($299,910) for the engine replacement on six Elliot trailer-mounted generators used by the Streets and Wastewater Divisions. V. Accept bid from Quinn Co. ($76,697.40) for one replacement pneumatic rubber tired roller for the Streets Division. W. Accept bid from Cyber Computers, Inc, ($131,592.66) for 33 replacement Panasonic Toughbook laptops for Information Technology Division. X. Accept bid from Cyber Computers, Inc. ($92,704.68) for 84 replacement Lenovo office laptops for the Information Technology Division. Y. Accept bid from Dell Marketing L.P. ($49,026.75) for one additional Dell Equal Logic Storage Area Network for the Information Technology Division. Z. Accept bid from Impex Technologies, Inc. ($63,014.74) for three replacement Dell 8810 servers for the Information Technology Division. aa. Accept bid and approve contract with Vulcan Materials Co. (not to exceed $6,000,000) for the supply of street materials. Miscellaneous: bb, Budget and Finance Committee Report regarding Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Amendment No. 1 (FY11-12). 1. Reduce CDBG, HOME and ESG Operating and Capital Budgets by $799,422 in accordance with HUD FY 2011-12 Action Plan Amendment No. 1. 3 City Council Meeting of 09/14/2011 8. CONSENT CALENDAR continued cc. Appropriate $50,000 State Grant Revenues (FY 2011-12 Grant Assistance Program from the State Office of Alcoholic Beverage Control) to the General Fund Police Operating Budget, to fund overtime for the BPD Vice division to conduct minor decoy, shoulder tap operations, and provide ABC training. dd. City position on 2011 League of California Cities resolutions. ee. City Event Promotion during Council Meetings. Staff recommends adoption of Consent Calendar items 8.a. through 8.ee. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following: Youngblood, Harold v, City, KCSC Case No. S- 1 500-CV-271785-DRL, 2. Halley, Darren v. City; KCSC Case No. S-1500-CV-264464-DRL. 3. Torres, James Arthur v. Bakersfield Police Department; KCSC Case No. S-1500- CV-269344-WDP. 4. Anderson, Leon, Sr., et al v. City, et al; KCSC Case No. S-1500-CV-267009-DRL. RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. REPORTS (Ward 1,4,6,0 a. Report regarding proposed budget amendments to add specific median island improvements to the FY 2011/12 budget. 1. Appropriate $936,000 Developer Share Project Cost to the Public Works Department Capital Improvement budget within the Capital Outlay Fund to fund median island landscape improvements. Staff recommends acceptance of report and approval of appropriation. b. Thomas Roads Improvement Program (TRIP): Program Update. 2. Agreement with Parsons Transportation Group Corp. ($27,665,816) for program delivery/engineering and environmental support services for TRIP; and, preliminary engineering and coordinating/managing completion of the environmental document for the Centennial Corridor Loop (SR-58 Connector) Project. Staff recommends acceptance of report and approval of agreement. 4 City Council Meeting of 09/14/2011 13. HEARINGS 14. DEFERRED BUSINESS (Ward 1,2) a. Traffic Signal, Lighting System and Median Modification on California Avenue and Chester Avenue Project; 1. Accept bid and approve contract with PTM General Engineering Services, Inc, ($237,037) for project. 2. Appropriate $30,000 Gas Tax fund balance to the Public Works Deparment Capital Improvement Budget. Staff recommends acceptance of low bid and approval of contract and appropriation. b. Proposal to Create a Housing Incentive Task Force. Staff recommend Council determination. 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, q1 Alan Tandy City Manager 9/8/1) 2:36pm 5 City Council Meeting of 09/14/2011 AGENDA HIGHLIGHTS September 14, 2011 COUNCIL MEETING Staff will present an update on the review of the Draft Environmental Impact Report for the High Speed Rail project. The document is challenging to review, as it is very lengthy, complex and poorly constructed. It fails to adequately address mitigation for a multitude of impacts related to City projects and facilities, TRIP, redevelopment projects, traffic circulation, and many other highly significant impacts that may cause extreme hardship and financial damage to the City and the community. The typical length of an Administrative Report for a Workshop presentation is very brief. In this case, staff is providing a lengthy and detailed written report for the Council's information that describes the numerous concerns staff has identified thus far - and we are only in the initial stages of reviewing the document. Item dd. Adoption of an Ordinance to permit the continued existence and operation of the Bakersfield Redevelopment Agency. The first reading for this item was on August 17, 2011. On August 11 and 17, 2011, the State Court issued a Partial Stay to the portion of the State budget bills, AB 26 and AB 27, that would require suspension of all activates of the Agency, unless the City adopts an "opt-in" ordinance to participate in the "Alternative Voluntary Redevelopment Program and make required payments to the State. As the final outcome of the litigation challenging the State legislation remains uncertain, the California Redevelopment Association and the Redevelopment Agency legal counsel have advised that the most appropriate action at this time is to move forward with adoption of the ordinance. The ordinance includes a provision that makes it conditional and operative only if the State law is ultimately upheld or if the Partial Stay is lifted. Staff surveyed 16 cities and found that 15 of them have either adopted their opt-in ordinance or are moving forward with the second reading. Staff recommends adoption of this ordinance as a protective measure to allow for the Agency to meet its obligations and continue its programs with the least amount of disruption, should AB 26 and AB 27 be upheld. Item BE Resolution and Agreement with Public Safety Corporation forte Crv Wolf Alarm Permit and False Alarm Management Services. On August 17, 2011, the City Council approved ordinance changes to more clearly address the duties of false alarm users and Installation/monitoring companies, false alarm allowances and the fee system. As the next step, staff recommends that the City's alarm management system be outsourced, which will be the best method for thorough oversight and application of the new regulations. After comprehensive research on this issue, staff further recommends entering into an agreement with Public Safety Corporation (PSC), which provides the "Cry Wolf" false alarm administration system. The Cry Wolf system is the only known specialty software available that is compatible with the Bakersfield Police Department's computer aided dispatch system, Versaterm. PSC's fee is to be 23% of the total revenue they collect from the alarm related fees, and there will be no start-up costs to the City to implement the service. This action requests approval of a resolution to dispense with bidding and to enter into an agreement with PSC for false alarm tracking and billing services for a two year period, to be renewed annually at the City's option. Item 8p. Amendment to Agreement with Nolte Associates for Construction Management Services on the Westside Parkway Project - Phase 2. The west end of Phase 2 of the Westside Parkway project (also referred to as Phase 6a, as it Includes preparatory work for the future Alien Road Interchange, which will be Phase 6b) has been revised to save costs, eliminate the need to install and then remove some of the improvements originally planned, and minimize traffic disruption when the freeway is extended to the west. To date, Nolte Associates has been doing the construction services for this segment by utilizing savings in their current contract. This amendment is to add $446,159.98 to the current agreement, not to exceed $6,532,920.93, for the additional construction management needed for the modified project. M Item 8aa. Annual Contract to Supply Street Materials. Invitations to bid on this contract were sent to over 400 suppliers. Three bids were received, all acceptable. The bidders were required to provide pricing for various types and quantities of asphalt to be used for street maintenance, and the total cost was based on the unit price bid, plus the City's hauling cost added to bids from vendors for items picked up at the vendor's plant. Staff recommends award to the low bidder, a local firm, Vulcan Materials Company, for $6,000,000. Funding in that amount has been budgeted in the Gas Fax Fund and Capital Outlay Fund. (Although the bid calculations exceed the budgeted amount, the bidders are aware that they bid on per unit prices, and not an overall dollar award.) The contract will be for one year, renewable for four one-year periods. Item 8bb. Amendment No. 1 to the FY 2011 /12 HUD Action Plan. Due to Federal budget cuts, the City's funding for CDBG, HOME, and ESG programs will be less than anticipated for FY 2011/12. Administration, programs, and projects will be reduced by 14.6%, totaling $799,422. The Budget and Finance Committee reviewed and approved the proposed amendment to the Action Plan; this action requests the approval of the full Council. There will be a conference with legal counsel regarding one matter of potential litigation and four matters of existing litigation. Item 12a. Proposed Medan Island Improvements. Staff is proposing to construct some median island improvements at various locations throughout the city where hadscape improvements are already in place, but the landscaping has never been completed. These are areas that have specific and unique circumstances, such as when a canal is located on one side of the street, or in older developments. Staff has identified eight locations where the installation of median landscape improvements is needed and is requesting an appropriation of $936,000 from the Developer Share Project Cost to the Public Works Capital Improvement budget to fund those improvements. The future maintenance costs will be paid from the Consolidated Maintenance District. Agenda Highlights - September 14, 2011 Council Meeting Page 2 Item 12b. Thomas Roads Improvement Program (TRIP) - Update and Agreement with Parsons Transportation Groff, Corl2ortion. Staff will provide a progress report on the various TRIP projects in conjunction with a request to approve a new agreement for Parsons to continue to perform comprehensive program management services. Parsons was originally selected to perform the TRIP management services in 2006 for a five year term, with a termination date of June 30, 2011. The original agreement was subsequently amended to terminate on December 31, 2011. An RFQ as issued in July, 2011 for Program Delivery/Engineering and Environmental Support Services for TRIP, as well as for Preliminary Engineering and Coordinating/Managing Completion of the Environmental Document for the Centennial Corridor Loop (SR-58) Project. Two submittals were received, but one did not contain all the required RFQ items and information, so only the Parsons RFQ was found to be acceptable. In accordance with Federal procurement procedures, the cost for Parsons services was negotiated by City staff after Parsons was selected. The proposed agreement, in the amount of $27,665,816.00, is for a five year period, through June 30, 2016, and can be terminated by the City at anytime. Funding will be from the Federal transpiration funds that were specifically allocated for the TRIP program, with an estimated 12% to be paid from local matching funds. TRIP is an extremely complicated program to administer; it would be most beneficial to have Parsons continue the program management services, as they are familiar and experienced with the TRIP projects and have established relationships in place with the various agencies involved in the program. Approved: cc: Department Heads Alan Tandy, City Manager City Manager's File ft f City Clerk's File News Media File Agenda Highlights - September 14, 2011 Council Meeting Page 3 A ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Presentations ITEM: 14,o-, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall September 1, 2011 Presentation by Mayor Hall of Proclamation to Links for Life Board of Directors President, Stephanie Lynch, declaring October, 2011 Paint the Town Pink Month in Bakersfield. APPROVED DEPARTMENT HEA I~ CITY ATTORNEY CITY MANAGER ts RECOMMENDATION: BACKGROUND: krt A ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Presentations ITEM: , b, TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: September 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Bill Blair, declaring September 21 It through October 2nd as Kern County Fair Days in Bakersfield. RECOMMENDATION: BACKGROUND: krt BA E O~y R4 U ADMINISTRATIVE REPORT C9'wwEr,,.I 1 MEETING DATE: September 14, 2011 AGENDA SECTION: Workshop ITEM NO: 6. 0. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD FROM: Jim Eggert, Planning Director CITY ATTORNEY DATE: September 8, 2011 CITY MANAGER SUBJECT: Update on the review of the Draft Environmental Impact Report for the High Speed Rail Project RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: On August 9, 2011 the California High Speed Rail Authority (Authority) released the Draft Environmental Impact Statement/Report (DEIS/EIR) for the Fresno-Bakersfield High Speed Rail segment. Public comments were initially due September 28, 2011, but were extended by the Authority 15 days to October 13, 2011, due to technical issues concerning availability of information. The DEIS/EIR includes over 3,300 pages spread over three volumes and is challenging to review, even for professionals who have experience with these types of documents. Due to the length and complexity of the document a team of staff members from Planning, Public Works, TRIP, EDCD, and Property Management have been tasked to review various components of the document. Upon initial review, staff has found the DEIS/EIR to be poorly constructed and it fails to adequately address mitigation measures for a whole host of impacts in the Metro Bakersfield area. This is disturbing given the significant time and effort that has been expended by City staff over the past couple years articulating impacts, conflicts and potential mitigation options to Authority staff. In addition to reviewing the DEIS/EIR, we have recently requested an additional 30-day extension to the comment period in order to provide our staff, and the public as a whole, more time to adequately review this complex document and provide appropriate responses. We believe that the County of Kern, Kern COG, representatives from Bakersfield High School, and others may join us in asking for more time as well. However, we will continue to prepare comments for submittal by the current October deadline in case the extension is not granted. September 8, 2011, 3:36PM JGE: P:\HighSpeedRail\EIS-EIR\Administrative Report DEIR comments.docx ADMINISTRATIVE REPORT page 2 Adoption of the final environmental document, after circulation of the draft and public comment, is a significant action in and of itself. This will allow for the selection of one of the alternate alignments, which would then permit right of way acquisition and construction to move forward at some point in the future, currently unknown at this time. This action will cast a cloud over the various properties on the selected alignments, in terms of their value. For this reason, mitigation must be incorporated into the final EIR, or protection of assets is at risk. This workshop is intended to cover the major points thus far accumulated by staff; some comments are more detailed than others. However, we will be continuing to add comments as the team reads through the document. As is presented below, the DEIS/EIR places at risk millions of dollars in City assets, with little or no mitigation being offered at this time. General Overview Comments: • The Authority is analyzing two rail alternatives through the metropolitan area. Before the EIR was published, these were identified as the "Blue" line and "Red" line. If you recall, the Blue line generally followed the BSNF rail from the north, then through downtown following the southern side of the BSNF yard impacting Bakersfield High, then continuing east along the BNSF track. The Blue Station was proposed directly across from the Amtrak Station. The Red line split off south of Rosedale Hwy paralleling the Blue line to the north, then through downtown along the north side of the BSNF yard impacting Mercy Hospital, then crossed the Blue line near the convention center impacting the new Mill Creek apartments. It continued east along the north side of California Avenue, rejoining the Blue line near Oswell Street. The Red Station would be closer to California Avenue. The EIR now identifies the Blue line as the "BSNF Alternate" and the Red line as the "Bakersfield South Alternate". However, if you happen to be looking at the volumes containing the rail profile maps, these routes are shown as B1 and B2 (BSNF/Blue and Bakersfield South/Red, respectively). Also note that on the maps showing impacted parcels, neither route is identified. • The lead agency for the project is the California High Speed Rail Authority, which was established in 1996 as a State entity (as defined on their web site). As such, we question why the draft document is not following more detailed and higher standards of the California Environmental Quality Act (CEQA) and related CEQA Guidelines. • The main EIR (Volume 1) is over 1,500 pages. Overall, there are over 3,300 pages covering three volumes. For the entire metropolitan Bakersfield area (population approximately 500,000 people), only one hard copy of all of the volumes and sections was provided for public review. This is insufficient and does not provide the public with adequate means to review the document. This is a lengthy and complicated report that is extremely difficult to review on a computer screen. • Both NEPA and CEQA state that an EIS and/or EIR shall be written in plain language and use appropriate maps and graphics so decision-makers and the public can rapidly understand the documents. Additionally, the draft document should normally be less than 105 pages, and for proposals of unusual scope or complexity, may be up to 300 pages. This draft document is five times the recommended maximum. Its size and inclusion of technical discussions, and the inclusion of technical engineering drawings are undecipherable to the majority of the general public. September 8, 2011, 3:25PM P.,\HighSpeedRail\EIS-EIR\Administrative Report DEIR comments.docx ADMINISTRATIVE REPORT page 3 The City received public notice based on their ownership of impacted properties, which was identified by an Assessor's parcel number at the upper right-hand corner of the notice (note: some of these numbers were incomplete for proper identification). We presume that other individuals with impacted properties may have also received this notice and that these notices were sent only to those property owners impacted as identified in "Volume II - Parcels Within the HSR Footprint". However, there is no indication to the property owner why they are receiving the notice. The notice only states that the property owner, resident, or business owner is "in the project area" but this area is not defined. The map included in the notice provides no guidance since it shows the entire rail route between Fresno and Bakersfield at a scale that does not help the property owner determine if their property is truly impacted. There is nothing in the notice that states these properties are within the footprint of the HSR, or does it give any indication that the HSR directly affects their property or business. This is very misleading to those owners. In all early meetings with Authority staff, the City and public were provided maps showing the rail through the populated area from 7th Standard Road to Oswell Street. These maps also included the two alternatives beginning from where they split near Rosedale Highway. to where the joined back together at Oswell Street. However, the EIR only shows the alternates ending near Baker Street. The document states that the remainder of East Bakersfield is to be analyzed in a subsequent EIR that may be available within the next year or so. Furthermore, some maps in Volume III and the portions of the EIR (Socioeconomics) generally discuss impacts to East Bakersfield but no defined rail line maps or parcel information is available to fully evaluate potential impacts. II. Major Impacts by Topic/Area: A. TRIP Projects: Significant impacts to the Westside Parkway and Centennial Corridor project. There are conflicts with our TRIP projects currently under construction, as well as the future Centennial Corridor. Furthermore, if High Speed Rail adopts their EIR or plan alignments with such conflicts, it may create environmental document conflicts that could significantly impact the Centennial Corridor project, a $400 million centerpiece of the TRIP Program, and which is to be the extension of Highway 58. Caltrans in cooperation with the City of Bakersfield is currently preparing a Caltrans Project Study Report (PSR), and a Project Report (PR) and Environmental Document (EIR/EIS) for the Centennial Corridor Loop Project. This project, which will be adopted as State Route (SR) 58 immediately after construction, provides a continuous route along SR-58 from Interstate 5 (1-5) to Cottonwood Road on existing SR-58, east of SR-99. The proposed continuous route has been divided into three distinct segments. Segment 1 is the furthest eastern segment that would connect the eastern terminus of the Westside Parkway to the existing SR-58 (East) freeway. Segment 2 is composed of what is locally known as the Westside Parkway (WSP) and extends from Heath Road to Mohawk Street, and is currently under construction. Segment 3 extends from 1-5 to Heath Road. • Three build alternatives (A, B, & C) are under consideration within Segment 1 of the Centennial Corridor. The proposed high speed train (HST) alignments are in direct conflict with Alternative C. This segment includes future direct connectors from September 8, 2011, 3:25PM P.,\HighSpeedRoil\EIS-EIR\Administrotive Report DEIR comments.docx ADMINISTRATIVE REPORT page 4 Southbound SR-99 to westbound SR-58 and from eastbound SR 58 to northbound SR 99. The future direct connectors would be located east of the Mohawk Street Interchange, skewing across the BNSF rail yard, and tying into SR-99 near the Rosedale Highway Interchange. Estimated at $275 million, the direct connectors are not included in the build alternatives at this time; however, the project cannot preclude the construction of these connectors in the future. B. Redevelopment Project Impacts: Impacts the new South Mill Creek apartment project currently under construction (approximately $17 million). Although both alignments affect the project, the Bakersfield South (Red) alignment would remove the entire project. The Draft EIR/EIS does not adequately discuss nor address impacts to the City's South Mill Creek Redevelopment Project. South Mill Creek, generally bounded by 'N' Street, California Avenue, 'S' Street and the BNSF railway, and adjacent to the described Bakersfield HSR station, is an approximate 20-acre mixed-use development which includes over 160 affordable housing units, and approximately 100,00 square feet.of commercial uses on a former brownfield site. According to the document, all affordable housing in South Mill Creek will be permanently impacted by the project. It further acknowledges that the City of Bakersfield has adopted redevelopment plans in the vicinity of Bakersfield's proposed HST station. However, the document does not adequately recognize direct impacts to the 160 units of South Mill Creek affordable housing, nor does the EIR/EIS accurately address the economic impact on the redevelopment project as a whole. C. Traffic Circulation Impacts: • Closes Hayden Court (off Union) and affects all of the businesses along that street. • Although it is outside the city limits, maps show that Palm Avenue, a major east-west collector, is proposed to be permanently closed west of Calloway Drive. Multiple roadway grade separations - construction will affect traffic circulation during project construction. D. City of Bakersfield Facility Impacts: • Impacts the loading area of the convention center - no discussion or design of how this will be mitigated. (BLUE) • Removes portions of the convention center parking south of the existing railroad. (BLUE) • Relocation of the pedestrian bridge from the parking lot to the convention center. (BOTH) • Relocation of the City Corporation facility - this is the facility from which we run sanitation, streets, parks, and do all of the automotive work for City operations. This is a $150 million asset, and the City previously requested that they move the proposed September 8, 2011, 3:25PM P:\HighSpeedRail\EIS-EIR\Administrative Report DEIR comments.docx ADMINISTRATIVE REPORT rail facility off City property. The would accommodate our request, entire City facility. (RED). page 5 Authority replied on June 215' that implied they but in the draft EIR, the rail again impacts the Relocation of the City's communication/Police garage along 15th Street and removes portions of the parking lot at City Hall South (approximately $10 million, including the land). (RED) • Removes most parking south of the convention center, including parking for the aquatic center. Months ago, we provided the High Speed Rail Authority with an outline of what mitigation would be needed for the Arena's parking needs based on previous commitments and obligations for events. Nothing appears in the draft EIR regarding impacts or mitigation. • Financial compensation for park land replacement is noted, but the DEIR does not identify the parks affected or how much land would be affected. E. Miscellaneous Community Impacts: • Relocation of the City Credit Union. (RED) • Both alignments impact the Bakersfield Commons, a 225-acre mixed use project with retail, office and residential components. • Impacts Bakersfield High School by removing all buildings north of 14th Street. Those and other issues concerning student safety have not been fully identified nor mitigated. (BLUE) • Impacts to Mercy Hospital unresolved. (RED) • Biological impacts do not identify or discuss how the project is consistent with the Habitat Conservation Plan. • Visual impacts only require the HSR designers to "consider" local input, but no specifics are given. Impacts remain significant after mitigation. • The discussion for the Kern River Parkway discusses the effects of construction activities and the creation of noise and visual changes. The analysis does not address the effects of operational noise from trains operating overhead on an elevated track and the effect on recreational use of the adjacent parks, bikeway and hiking trails. The visual change with the introduction of an elevated rail system is expected to be dramatic and not negligible as concluded. Significant Historic Architectural Resources by Alternative does not identify SR-204 or Union Avenue as an historic resource. In August 2010, the Department of Transportation (Caltrans) prepared a Historical Resources Compliance Report (HRCR) for the Relinquishment of State Route 204. Caltrans determined that SR 204 (Historic US 99) from Airport Drive and SR 99 to Brundage Lane meets the National Register of Historic Places (NRHP) criteria. The California State Historic Preservation officer (SHPO) concurred on September 21, 2010 with Caltrans' determination and agreed to add September 8, 201 1, 3:25PM P:\HighSpeedRail\EIS-EIR\Administrative Report DEIR comments.docx ADMINISTRATIVE REPORT page 6 SR 204 to the Master List of State-owned Historical Resources. SR 204 may require additional mitigation subject to SHPO approval. PROJECT STATUS: The current status of the High-Speed Rail Project, as best as staff can determine, is that the Initial Construction Segment (ICS) includes construction of a track from the area of Borden to someplace north of Bakersfield. At present, there is no budget to complete the link between any major cities; there is no funding for any trains, heavy maintenance facilities, or electrification of the tracks. Currently, the project is at a 15% design status and actual limits of construction (how far north of Bakersfield the project will end) is dependent on the design-build bids for each phase of construction of the ICS. Future funding for the completion/extension of the project would seem unlikely in the identifiable future. Future state and federal funding is in question and reliance on private sector investment is anything but a given. Public scrutiny of the project is intensifying as new and updated information is made public. It seems inevitable that costs will continue to escalate on various stages of the project (especially given how little is identified in terms of mitigation costs). An updated cost estimate and business plan is supposed to be forthcoming from the Authority in October, potentially after the deadline for comments on the DEIS/EIR has closed. Notwithstanding the fact that the ICS appears to be a track connecting "nowhere to nowhere," the eventual adoption of the environmental documents will potentially create a significant impact in the City and we are taking this effort very seriously. September 8,2011, 3:25PM P:\HighSpeedRail\EIS-EIR\Administrative Report DEIR comments.docx MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q.&. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD / DATE: September 7, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Application for Appointment of the Large City Member from Kern County Jthe San Joaquin Valley Air Pollution Control District Governing Board RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Leadership and direction of air pollution control activities in the San Joaquin Valley are provided by the Governing Board of the San Joaquin Valley Air Pollution Control District (District). The Governing Board is comprised of 15 members: eight county supervisors from each of the eight valley counties (Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare) selected by their respective county Boards of Supervisors, five city council members selected by the cities within the District, and two public members appointed by the Governor. These locally elected officials and appointees, acting as policy makers, ensure that implementation of state and federal air pollution mandates in the Valley is tailored to local conditions and is responsive to local needs. On March 31, 2009, the Valley-Wide Special City Selection Committee of the San Joaquin Valley Air Pollution Control District adopted procedures and a rotation schedule for the appointment of City Council members to the District Governing Board. Under that rotation schedule, a "Large City" representative from Kern County is eligible for an appointment to the Governing Board for a three-year term, beginning January 1, 2012. The Large City designation applies to cities with a population of 100,000 or more. As Bakersfield is the only city in Kern County in that population category, only council members from the City of Bakersfield are eligible to apply for the current Large City vacancy. Vice Mayor Couch is requesting approval from the City Council to submit to the District the application of Councilmember Hanson as the nominee from the City of Bakersfield. The District stipulates that the City hold a public hearing for the City Council to formally vote for their nominee between October I It and October 31 It, 2011 and submit the voting results to the Air Pollution Control Office (APCO). Therefore, the October 19, 2011 City Council agenda will include a Public Hearing for the Council to vote for the selection of Councilmember Hanson. On November 15, 2011, the APCO will tally the votes and forward the nomination to the Special City Selection Committee and the Committee will make the appointment in December, 2011. September 8, 2011, 10:OOAM - RS SJVAPCD Appt MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: ,0, TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: September 2, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the August 17, 2011 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: Qg. b , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA DATE: September 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from August 4, 2011 to September 1, 2011 in the amount of $34,375,769.22 and Self Insurance payments from August 4, 2011 to September 1, 2011 in the amount of $1,156,668.86, totaling $35,532,438.08. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: September 1, 2011, 4:24PM S:1Kim G\ADMIN\COUNCIL-ADMIN-AP-2012\ADMIN-AP 091411.doc MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: O. o,. TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: August 26, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section § 1. 12.070 by adding Annexation No. 604 consisting of 26.40 acres located along the north and south side of Taft Highway, east of South H Street to Ward 7. (Ward 7) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexation No. 604 into the corresponding Council ward. This annexation was recently approved by LAFCO. Annexation No. 604 is located along the north and south side of Taft Highway, east of South H Street. The annexation consists of seven parcels on 26.40 acres. Property owners consented to annexation for development purposes and to receive city services. The territory includes the Valley Manufactured Homes sales office and storage site (owned by Douglas & Miriam Fox and Zunno Family Trust) and four undeveloped parcels (owned by Elmer Karpe and Voleti Properties). This area will be included into Ward 7. JE:dl\S:\Annexation\Ordinances\2011\Admin Draft 9-14 604.doc MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 6 ,d , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 31, 2011 Adoption of an Ordinance to permit the continued existence and operation of the Redevelopment Agency of the City of Bakersfield. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of the Ordinance. The Ordinance had first reading on August 17, 2011. BACKGROUND: At its meeting on August 17, 2011, the City Council introduced for first reading the attached Ordinance, which is now presented to the City Council for adoption. On August 11 and 17, 2011, respectively, the California Supreme Court issued a Partial Stay and Modification of its Partial Stay Order ("Partial Stay") in California Redevelopment Association v. Matosantos (S 194861) (Matosantos). The Matosantos lawsuit challenges recent state legislation which would dissolve Redevelopment Agencies. This report apprises the City Council why the Ordinance adoption is consistent with developments in the Matosantos litigation. Legal Action As part of the State's budget bills, ABX1 26 (AB 26) and ABXI 27 (AB 27) became law. AB 26 will suspend all activities (except enforceable obligations) of the Bakersfield Redevelopment Agency (the Agency) as of June 29, 2011, dissolve the Agency as of October 1, 2011, and liquidate the assets of the Agency subsequent to dissolution, unless the City timely adopts an "opt-in" Ordinance. Such Ordinance will continue the Agency's existence by authorizing the City to participate in the AB 27 "Alternative Voluntary Redevelopment Program" and agreeing to make remittance payments. AB 27 has been stayed by the Supreme Court, including the portions of AB 27 authorizing the adoption of ordinances agreeing to participate in the voluntary redevelopment program and the requirement to pay the remittance amount. Despite this stay and even though the Supreme Court has directed the parties to the lawsuit to suggest extended deadlines for actions required by the legislation in the event that AB 26 and AB 27 are upheld, the California Redevelopment Association (CRA) is recommending that cities move forward with the adoption of the ordinances required to opt in to the voluntary redevelopment program. While it is difficult to predict the ultimate effect of the current litigation on AB 27 statutory compliance dates, including the enactment of the opt-in Ordinance or payment of the remittance amount, Staff is concerned that the Agency will be subject to interruption in the S:\COUNCIL\Admins\ 11-12\RDA.AItRedevPrgm.2d.docx performance of its obligations and programs in the event that AB 26 and AB 27 are ultimately upheld. Special Counsel for the Agency and City as well as counsel for the CRA have advised that to ensure the least possible disruption in light of the Partial Stay and litigation, an Ordinance adopted to participate in the Alternative Voluntary Redevelopment Program be conditional and operative only if AB 26 and 27 are upheld or the Partial Stay lifted. Section 4 of the attached Ordinance provides for that conditional approval. If the state statutes are upheld, the Agency will be in the best position to continue its existence under this Ordinance. If the state statutes are not upheld, our Ordinance has language making it null and void. Finally, nothing in this Ordinance is intended to violate the conditions of the Supreme Court's Stay. In addition, Staff surveyed 16 cities and only one was waiting on preparing their AB 27 ordinance (first reading) to see what the Court will do. The rest of the cities either already adopted their AB 27 ordinance or are moving forward with second reading. Conclusion Staff recommends and encourages the City Council to adopt the Ordinance required by the State to continue redevelopment efforts in Bakersfield. JHR:Isc S:\C0UNCIL\Adm1ns\11-12\RDA.AItRedevPrgm.2d.docx BAK O~~GPPPPP,TQ S U C7 Wu l,I q~! ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: September 2, 2011 ITEM: ON: Consent Calendar APPROVED DEPARTMENT HEAD) CITY ATTORNEY ✓6-t CITY MANAGER & SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($185,624.00) from the U.S. Department of Justice to expand the downtown surveillance system, by adding cameras to cover the Police Headquarters building and areas on Union Avenue identified by high crime rates. (Ward 1 & 2) RECOMMENDATION: Staff recommends adoption of the proposed Resolution. BACKGROUND: Since 1996 the City of Bakersfield Police Department has applied for and received grant funding from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. Funding from the L.L.E.B.G. Program has helped the City underwrite various projects to reduce crime and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant. "The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives." Grants from the J.A.G. Program have a term of four years and do not require any match from the City. Prior to submitting the application to the Department of Justice, the Bakersfield Police Department must comply with a number of grant conditions including the requirement that the grant application be reviewed by "the governing body of the unit of local government." This agenda item fulfills this requirement. The Police Department wishes to submit the following list of items to the Department of Justice for grant approval. The dollar amounts in the proposed budget below are estimates. If department db AK OFyu~roeer RS U t7 ADMINISTRATIVE REPORT needs change or the amounts spent differ from those proposed, the Police Department will expend the differences in accordance with the JAG/Byrne Grant Guidelines. 2011 JAG/BYRNE GRANT REQUESTS Funding is requested to purchase radio broadcast capable, 360 degree pan, zoom, tilt and low light capable surveillance cameras. The price quote includes the software needed for the systems to be operational. The procurement of these items will be accomplished by following the established procedure set forth in the City of Bakersfield Municipal Code. Since the equipment requested will be an expansion of an existing system, which has specific compatibility requirements, a sole source resolution from the Bakersfield City Council will be submitted to complete this project. DESCRIPTION COST/EA QTY TOTAL Union Avenue Surveillance Cameras $11,828 8 $94,624 Main Police Building Cameras $3,640 25 $91,000 TOTAL EQUIPMENT= S 185,624 db BAKE ADMINISTRATIVE REPORT 'L P 9LIF0 MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: a. -F. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Greg Williamson, Chief of Police September 2, 2011 Cry Wolf Alarm Permit and False Alarm Management Services 1. A resolution determining that Cry Wolf False Alarm Management Software, Billing and Collection services cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding, therefore, and establish Cry Wolf False Alarm Management Software, Billing, and Collection services with Public Safety Corporation ("PSC"). 2. Agreement with Public Safety Corporation to integrate the Cry Wolf Alarm Management System with the Police Records Management System to facilitate the administration of false alarm charges and collections. APPROVED DEPARTMENT HEAD CITY ATTORNEY ✓G' CITY MANAGER RECOMMENDATION: Staff recommends approval of the proposed resolution and agreement. The Bakersfield Police Department has spent the last two years analyzing issues that pertained to alarm fees charged by the City of Bakersfield. The research began as a result of increasing response requests to burglar alarms on an annual basis, with the majority of those alarms being false. In addition to responding to alarms that were false ninety-seven percent of the time, the systems that were in place to reduce false alarms were inadequate. Those systems included: the Bakersfield Municipal Code sections that govern alarms; the City's alarm tracking software; and the process by which the City has addressed false alarms as they pertained to the accountability of the individual alarm user. On August 17, 2011, the City Council approved ordinance changes to the Bakersfield Municipal Code. The provisions of the new alarm ordinance clearly address the duties of alarm users and installation/monitoring companies, false alarm allowances per alarm user, and the civil/criminal remedies available to the City. The Police Department is now recommending outsourcing the City's alarm management as the next and final step in the revamping of the alarm management system. JB Admin-PSC-CryW olf-AlarmMgt-090211.docx ADMINISTRATIVE REPORT Outsourcing alarm management will provide for the most thorough oversight of the new Municipal Code regulations. Furthermore, outsourcing will ensure that the City's false alarm regulations are being consistently applied to alarm system users and alarm company operators through daily monitoring of false alarm responses by Police Department personnel, the identification of repeated false alarm responses, and monitoring the issuance of alarm system permits. Staff recommends dispensing with the bidding requirements, in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code, and entering into an agreement with Public Safety Corporation (PSC), an outside firm that is experienced and qualified to implement and collect fees, and administer the procedures set forth in the Bakersfield Municipal Code, Chapter 5.08. PSC provides a patented, fully integrated, false alarm administration system, known as Cry Wolf, and can implement a false alarm reduction program, utilizing the new ordinance provisions, in less than six weeks of an executed contract. PSC will provide a full service system, which includes an educational component for alarm companies and alarm users, an alarm permit tracking system, a false alarm tracking system, and a secure payment system for permits and fines related to false alarm responses by the Police Department. Public Safety Corporation has over 80 clients that are utilizing their false alarm management system in an outsourcing capacity. The Bakersfield Police Department currently utilizes Versaterm as its computer aided dispatch (CAD) provider. Versaterm has developed a program that interfaces with false alarm calls and also allows for the import of alarm permit information into the Cry Wolf System. To date, the only commercially available false alarm management software that can interface with Versaterm is the Cry Wolf system from PSC. The interface was initially deployed in 2005, and other clients have since implemented it with their existing Versaterm Cad/RMS systems. Versaterm has no ownership or financial interest in the Cry Wolf software or Public Safety Corporation. The fee paid to PSC will be based on the revenue actually collected from the alarm related fees, fines, and permits, with their revenue share being 23% of the total collected revenue. In addition, the City will not incur any up front implementation costs for this service. The initial term of the agreement with PSC is proposed to be a two (2) year period, with an automatic renewal for additional one (1) year extensions, unless the City gives notice within 90 days prior to the then applicable termination date. In addition, at any time, the City may give 60- days' notice to terminate the contract without cause. However, if the termination notice is given within the first two years of the contract, the City would be required to pay PSC for their startup costs, in an amount not to exceed $36,000, which would be reduced as the two year period reduces, as well as any other amounts due under the contract. Staff recommends approval of the agreement, which will authorize PSC to commence with the alarm monitoring processes described above, as well as the billing and collection services that have been established in the Bakersfield Municipal Code for alarm fees and permits. JB Admin-PSC-CryW olf-AlarmMgt-09021 l.docx MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager September 7, 2011 Resolution in Support of the ACR 42 Regarding "Eat Local, Buy California Grown Day" DEPARTMENT HEAD //g-- CITY CITY ATTORNEY MANAGER RECOMMENDATION: Staff recommends approval of resolution. BACKGROUND: The California State Legislature is considering Assembly Concurrent Resolution 42 (ACR 42) declaring that Sundays are "Eat Local, Buy California Grown Day" and encourages families, restaurants, and grocers to buy California-grown floriculture, fiber, and foods. Councilmember Salas has requested that the City Council approve a similar resolution, which includes the following key points in support of eating and buying local, California grown food. • California is one of the world's most prolific agricultural regions and produces abundant, diverse, fresh, high quality foods; • Buying California-grown food helps local family farmers, California food producers, employees and their families, contributing billions of dollars to the local economy each year; • 85% of California consumers say it is important to purchase California grown foods and 41 % say that California-grown is more important to them than it was a year ago; • Buying locally grown California products is better for the environment, as food trucked or flown into California has a heavier carbon footprint; • California strictly regulars food producers for the benefit of consumers and products such as produce, livestock, milk, fish, floriculture, wine, dried fruit, nuts, and canned fruits and vegetables have the strictest safety and quality assurance standards of any state in the nation or world; September 7, 2011, 9:44AM - RS P:1Adm1nReport9BRe1ated\Adm-2011 Wdmin-EatLocalBuyCallfDay-09071 1.doc ADMINISTRATIVE REPORT • California farmers grow more than 300 food products valued at $35 billion each year; Buying California food helps ensure that family farmers will sustain their historical production systems and valuable land that grows crops and raises livestock; and • In a time of economic distress, supporting California products will help keep critical dollars within the state for the benefit of Californians. September 7, 2011, 9:44AM - RS PAAdm1nReportsBRe1ated\Adm-2011 Wdmin-EatLocalBuyCailfDay-09071 1.doc A ADMINISTRATIVE REPORT I - , +--0- , " t MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 25, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY D A. CITY MANAGER SUBJECT: Resolution to add territory, Area 3-82 (2739 Panama Lane) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: On August 17, 2011, the Council adopted Resolution of Intention No. 1695 adding the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the 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) have also submitted a Proposition 218 ballot indicating their consent to the assessment. 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 subdividers)/developer(s) to be recorded with the subdivision map. Ps G:\GR0UPDAT\ADMINRPT\2011\09-14\Res Estab admin - CMD 3-82.docx ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: , d , TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 25, 2011 APPROVED DEPARTMENT HEAD IV CITY ATTORNEY CITY MANAGER _ SUBJECT: Resolution to add territory, Area 4-102 (2408 & 2420 Eye Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: On August 17, 2011, the Council adopted Resolution of Intention No. 1694 adding the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the 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) have also submitted a Proposition 218 ballot indicating their consent to the assessment. 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. ps G:\GR0UPDAT\ADMINRPT\2011\09-14\Res Estab admin - CMD 4-102.docx A ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 . ' TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 31, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1697 to add territory, Area 5-63 (6801 Colony Street) 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:\GR0UPDAT\ADMINRPT\2011\09-14\ROI est CMD 5-63.docx A ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8, 4, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 31, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1698 to add territory, Area 1-88 (2700 Calloway Drive) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 4) 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:\GR0UPDAT\ADMINRPT\2011\09-14\ROI est CMD 1-88.docx A ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 24, 2011 APPROVED A/Ir DEPARTMENT HEAD CITY ATTORNEY 45- CITY MANAGER SUBJECT: Agreement with Covanta Delano, Inc. for the sale of wood chips from the Mount Vernon Recycling Facility (Anticipated Annual Revenue to City is Estimated at $750,000) (Ward 1). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the City's recycling program, the Mount Vernon Recycling Facility accepts lumber and wood materials from the public and grinds these materials into wood chips. Currently, the wood chips are sold to two different firms based upon the level of screening of the wood chips. Finer screenings are sold to Synagro West and the remainder are sold to Covanta Delano. The two current agreements with these firms will soon expire. Staff has determined that the additional cost incurred with screening of the wood chips does not generate sufficient income to offset the incremental cost of screening. Therefore, since the wood chips will no longer go through the fine screening process, the wood chips are proposed to be sold in bulk to one firm to yield a pricing structure most favorable to the City. In addition, staff wanted to be able to minimize the time wood chips were stored at the Recycling Facility because of clean air concerns. Staff mailed Request for Proposals (RFP) to eight companies whereby we requested their bid proposals to purchase wood chips from the Mount Vernon Recycling Facility. These eight companies were contacted because they have historically expressed an interest in purchasing the City's wood chips at a bulk-sale level. Proposals to the RFP were received from four of the eight firms as summarized below. Qualifications were based on staff's review of each firm's ability to efficiently process and transport the City's anticipated volumes of wood chip material. • Biostream • Bradco Environmental • Covanta Delano, Inc. • Synagro West, LLC/Inc. G:\GROUPDAT\ADMINRPT\2011 \09-14\admin report - covanta - revised 9-6-1 l .docx The RFPs were evaluated by staff. The evaluation process encompassed several key factors such as: • Minimum quantity of wood chips that firm would purchase; • Rates per ton for wood chips; • On-site loading and transport factors; and, • Responsiveness to potential new air rule requirements limiting how long wood chips can be stored on-site. After reviewing the qualifications and fee proposals of all four submitted RFPs, staff recommends approval of an agreement with Covanta Delano (Covanta), a cogeneration facility in Delano, as being the most favorable to the City for the following reasons: • Covanta ranked favorably cost-wise in comparison with responding firms; • Covanta has a proven record of good performance on a prior contract purchasing wood chips at the Mount Vernon Green Waste Facility; • Covanta's proposal had the best approach for the City in regards to handling and transport of City's wood chips; and, • Covanta's proposal was most responsive to potential air rule changes that might limit storage time of wood chips at the Recycling Facility. Staff estimates annual revenue to be generated from the sale of the wood chips to reach $750,000 contingent upon projected amounts of incoming material. Staff projects processing 70,000 tons at $10.80 per ton. However, it is important to point out that this estimate is not concrete. Projected revenue will be less if the volume of wood chips processed at the Recycling Facility is less than anticipated. This Agreement is for a five year term. Revenue generated from this Agreement offsets operating costs of the Recycling Facility. Sm G:\GROUPDAT\ADMINRPT\2011 \09-14\admin report - covanto - revised 9-6-1 l .docx A Q1 J~ pYoeA,~ s ADMINISTRATIVE REPORT ~'9LI 11 MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 0. rh . TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD C DATE: August 16, 2011 CITY ATTORNEY CITY MANAGER ;PS SUBJECT: 2012 Reimbursement Agreement with SMG in an amount not to exceed $60,000 for the reimbursement of costs associated with renting the Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. (W".1) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB) entered into Agreement No. 07-314 regarding the management of the CVB and the marketing of Bakersfield as a destination center for conventions, sporting and other events including individual/group travel and tourism. Over the past several years, the CVB has provided incentives to various non-profit organizations to hold their events in Bakersfield in order to ultimately generate more sales tax and Transient Occupancy Tax (TOT) and to market the benefits and advantages of the City as a destination center for holding conventions. For the past 16 years the CVB has contributed to the cost of renting Rabobank Convention Center on behalf of the Jehovah's Witnesses Congregation (JWC). The JWC puts on six weekend events during the summer and the CVB has contributed $10,000 rental reimbursement to SMG for each of the six events. The conventions draw a total in excess of 32,000 attendees with an estimated TOT from $59,000 to $118,000 and economic impact in excess of $1,000,000. The conventions are held Friday through Sunday at a time during which hotel occupancy is typically below normal. Six conventions are being requested in order to keep the number of attendees at or below 6,200 per convention and thereby minimize the parking impact on Fridays in the downtown area. The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to continue the contribution of the costs associated with the rental of Rabobank Arena. Upon receipt of the invoices, the City, on behalf of the JWC, shall pay SMG $10,000 for rental reimbursement for each weekend event scheduled to occur between May and July 2012. Planned dates for the 2012 conventions are: May 25-27; June 8-10; June 22-24; June 29-July 1; July 20-22; July 27-29. S:\Admins\City Council\City Council Admins 2011-CVl3VW-SMG 2011 Reimbursement Admin Report 8-16-1 l.docx 8/2/10; DC ` AR4f fr ADMINISTRATIVE REPORT ~ ~ts 10 MEETING DATE: September 14, 2011 [AEM: GENDA SECTION: Consent Calendar A n TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: August 31, 2011 CITY ATTORNEY 4 CITY MANAGER SUBJECT: Amendment No. 4 to Agreement No. 08-179 with Sungard Public Sector, Inc' (SP'S) for Service Support of Licensed Software in the amount of $168,853.33. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On October 22, 2008, the Council approved Agreement No. 08-179 with SunGard Public Sector (SPS) under which SPS agreed to provide software maintenance services for the licensed programs owned by the City. In accordance with the original agreement the City pays maintenance fees for those licenses being used. SPS developed many of the software programs which the City runs on the AS/400 computer. Such programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable; Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning & Zoning; Park Reservations, etc. This amendment will ensure that SPS continues to update software and provide service for any problems encountered with these programs. The yearly maintenance and service support payments have been fairly constant over the past three years of this agreement. The original payment for 2009 was $170,326.75; 2010 was $168,436.74. This agreement calls for a one-time payment of $168,853.33 which will ensure support through July 31, 2012. IVECH S:\Eddie\Contracts\HTE Amendment\201 1 \Admin for SPS Maint Agreement Amendment 4.doc A u ADMINISTRATIVE REPORT 0 MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 5. V. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: August 30, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY p,. CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 10-151 with Jim Alfter Cement Contractor adding $150,000 (for a total not to exceed amount of $463,352.50), and extending the contract term one year to the Annual Contract for canal liner repair. (City Wide), RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On October 13, 2010, Council awarded the annual contract for canal liner repair to Jim Alfter Cement Contractor in the amount of $190,577.50; renewable annually thereafter for four (4) consecutive one-year periods. On May 4, 2011, Council executed Amendment No. 1 adding $122,775 for a revised not to exceed amount of $313,352.50. Currently there is $31,400 remaining on this contract. Increasing the contract amount $150,000, and extending the contract term one year will allow the city to meet the canal liner repair needs for the next year. If approved, Amendment No. 2 will add $150,000 for a revised not to exceed amount of $463,352.50, and extend the contract term one year. Funds are budgeted in the Agricultural Water Enterprise Funds operating accounts for canal maintenance. No General Fund dollars will be used for this service. Approval of the amendment will allow the Water Resources Department to continue the City's canal maintenance program. Purchasing Division/ch &VURCMADMIMAmendments 10-11 Wmendment #2 to Agmt 10-151, AC Canal Liner, Sept. 4, 2011.docx August 30, 2011, 9:27AM MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: g, , TO: Honorable Mayor and City Council FROM: Raul M, Rojas, Public Works Director DATE: September 2, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY -4, 1 CITY MANAGER SUBJECT: Amendment No. 2 to Agreement 09-058 with Nolte Associates, Inc., ($446,159.98; for a revised not to exceed total of $6,532,920.93) for Construction Management Services for the Westside Parkway Project Phase 2. (TRIP) (Ward 2, 4, 5) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: This Amendment is for construction management services for the additional work and modifications made to the west end of the Westside Parkway Phase 2 Project, recently referred to as Phase 6A. This segment of the Westside Parkway was re-scheduled and modified to realize cost savings and operational enhancements by eliminating some temporary "throw- away" improvements originally planned, and to minimize traffic interruptions when the freeway is extended to the west in the future, The City awarded a construction contract for this initial revised work last spring for $4,644,222.40 to MGE Underground, and Nolte has been performing construction management services for this work since then by utilizing savings under their current contract. Nolte was selected for construction management services for the Westside Parkway previously through a qualifications based selection process, Adequate funds have been previously budgeted for this work. Rev.: September 2, 2011, 10:25AM Tdw:G:\GR0UPDAT\ADMINRPT\2011\09-14\Admin -Nolte Amendment # 2-.docx A ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. TO: Honorable Mayor and City Council FROM: Raul M Rojas, Public Works Director DATE: August 30, 2011 APPROVED DEPARTMENT HEAD 19SLA, CITY ATTORNEY CITY MANAGER & SUBJECT: Reject all bids for Street Improvements, Padre Hotel Block, Project No. T1 K202, and Street Improvements, 19th and H Street Staging Area, Project No. T1 K229. (Ward 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: This Capital Improvement Project would have reconstructed curb, gutter and sidewalk between G and H Streets, and between 18th and 19th Streets, made improvements to the staging area at the southwest corner of 19th and H Streets, and reconstructed the Wall Street Alley within this block. The apparent low bidder was 28% under the Engineer's Estimate and 23% under the next low bidder. The apparent low bidder did acknowledge making some mistakes in his understanding of the bid items and although the firm is willing to stand by its bid, staff does not think that is a credible position for ensuring construction completion before the holiday season. In addition, the pursuit of the proper federal paperwork documentation from the apparent low bidder has already delayed this project from moving along at the schedule required in the contract documents. That schedule is desired to minimize impact to both the Padre Hotel and to the downtown Post Office operation during the upcoming holiday season. Funding for this project is from a HUD grant that will not be lost by readvertising the project early next calendar year. Staff plans to re-bid the project in early 2012 and have construction occur in the summer of 2012, a time when it is much less likely to be disruptive to the affected properties. The Engineers Estimate of the project cost is $325,000.00. On August 23, 2011, a total of four bids were received as follows: Global International Development 4780 W. Ann Rd. # 5-293 North Las Vegas, NV 89031 in amount of $235,181.80 DOD Construction 3501 Edison Hwy. Bakersfield, CA 93304 (County) in amount of $303,493.62 Kern Pacific Construction Co. 4001 Patton Way # 1 Bakersfield, CA 93308 (County) in amount of $366,444.30 Griffith Company 1128 Carrier Parkway Ave. Bakersfield, CA 93308 (County) in amount of $524,542.77 PW/ENGR; WGM GAGR0UPDAT\ADMINRPT\2011\09-14\T1K202 & T1K229 Street Imp. Padre Hotel Project.Doc MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 0. . TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 23, 2011 CITY ATTORNEY CITY MANAGER k-J SUBJECT: Reject all bids for the Development Services HVAC Replacement project. (Ward 2) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were sent out for Development Services HVAC Replacement. Bids were received from Strategic Mechanical, Incorporated (Fresno, CA) in the amount of $739,500 and ACCO Engineered Systems (Bakersfield, CA) in the amount of $873,650. Both bids exceeded the amount budgeted for the project. Staff will re-structure a bid based on an alternate HVAC system and will re-bid at a future date. Purchasing Division/kb &VURMADMINWdmin 11-lZRoject Bids - Development Services HVAC Replacement, 10-11-79, September 14, 2011.docx MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 .5. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA DATE: September 2, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Reject bids for Four Axle Refuse Trucks with Roll off Bins. (Citywide) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for the purchase of seven (7) refuse trucks. Bids were received from Inland Kenworth US, Incorporated (Montebello, CA) in the amount of $1,519,300.86 and Bakersfield Truck Center (Bakersfield, CA) in the amount of $1,558,385.43. Both bids exceed the amount budgeted and failed to meet the minimum bid specifications. Staff will re-structure bid specifications and will re-bid at a future date. Purchasing Division/kb S:IPURCHWDMINWdmin 11-12VWject Bids - Refuse Truck Roll Off LNG Fueled, 11-12-08, September 14, 2011.docx F A„ U L4 r i ADMINISTRATIVE REPORT L( MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 6.+. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M, Rojas, Public Works Director September 1, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bid and award contract to Rock Bottom, Inc. ($140,725.01) for Landscape Improvements, Bakersfield Municipal Airport (Ward 1). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This landscape improvement along Union Avenue will complete the airport's landscaping on Union Avenue and will enhance the appearance of the airport, Funding for this project is from a HUD Grant in the amount of $200,000. The Engineer's Estimate was $170,735.00. On August 11, 2011, a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Rock Bottom, Inc. 2724 Lanco Drive Bakersfield, CA 93308 (County) Brown & Fowler Construction 3008 Antonino Avenue Bakersfield, CA 93308 (County) Elite Landscaping, Inc. 2972 Larkin Avenue Clovis, CA 93612 PW/ENGR: WGM in the amount of $140,725.01 in the amount of $169,183.10 in the amount of $177,557.00 August 31, 2011, 2:20PM G:\GR0UPDAT\ADMINRPT\2011\09-14\P9K119 Landscape Imp. Bakersfield Airport-Doc ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 . u TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 1, 2011 CITY ATTORNEY p~ CITY MANAGER SUBJECT: Accept bid in the amount of $299,910 from Central California Power for the engine replacement on six (6) Elliot trailer-mounted generators used by the Public Works Department Streets and Wastewater Divisions. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to two hundred (200) suppliers for engine replacement of generators. Two (2) bids were received in response to solicitation. The California Air Resources Board (CARE) has emission regulations specifically relating to portable equipment. The Fleet Services Division has determined that engine replacement (repower) of the City's trailer-mounted generators is more cost effective than replacing the units. The engine replacement will satisfy the CARB emission requirements. Staff finds the bid from Central California Power to be acceptable and recommends acceptance of the bid. The two (2) bids received are as follows. Amount Central California Power $299,910.00 Shaffer, CA Quinn Power Systems $321,421.82 Bakersfield, CA Funds are available in the Equipment Replacement Fund for the engine replacement on six (6) trailer-mounted generators used by the Public Works Departments Streets and Wastewater Divisions. Purchasing Division/kb Trailer Mounted Generators, 11-12-10, September 14, 2011.doac S:\PURCHWDMINWdmin 11-12~Repower Elliott September 1, 2011 - MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 1, 2011 CITY ATTORNEY I X, CITY MANAGER SUBJECT: Accept bid from Quinn Company, Bakersfield, in the amount of $76,697.40 for one (1) replacement pneumatic rubber tired roller for the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. avy BACKGROUND: Invitations thounl of $76,697.40 was received fromr bidders for Company and ae' No equipment. A bid Bid" response was received from Coastline Equipment. The bid from Quinn Company is within the amount budgeted and is considered acceptable by staff. Funds are available in the Equipment Replacement Fund for the purchase of one (1) replacement pneumatic rubber tired roller to be used by the Streets Division. Staff contacted Coastline Equipment regarding their "No Bid" submittal and found they could not supply a roller unit that was not articulated. An articulated roller can damage the paving surface and Fleet staff had denied a previous request from Coastline Equipment to allow an exception to the non-articulated bid specification. Purchasing Division/Kb SAPURCHWDMIMAdmin 11-12\Pneumatic Rubber Tired Roller, 11-12-16, September 14,201 I.doc MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Cyber Computers, Incorporated, in the amount of $131,592.66 for thirty three (33) replacement Panasonic Toughbook Laptops for the Information Technology Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer equipment. Thirteen (13) bids were received in response to the solicitation. The Panasonic Toughbook laptops are units that provide protection from water, high heat, and are built to withstand elements associated with outdoor use. These laptops are replacing existing laptops in various City departments including the Police Department, Fire Department, Code Enforcement and the Public Works Department. Funds are budgeted in the Equipment Replacement Fund for the purchase of thirty three (33) Panasonic Toughbook laptops. The thirteen (13) bids received are as follows: Cyber Computers, Inc., Irvine, CA $131,592.66 CDCE, Inc., Yorba Linda, CA $132,384.39 EDX Information Systems, Inc., Fremont, CA $133,450.76 Lehr Auto Electric, Sacramento, CA $138,051.79 OM Office Supply, Inc., Mechanicsburg, PA $141,768.00 Millennium Information Technology, Tempe, AZ $142,341.71 PCS Mobile, Phoenix, AZ $142,378.52 The Very Last Word, Milpitas, CA $143,546.47 Purchasing Division/kb SAPURCHWDMINWdmin 11-12\Panasonic CF-31 Laptop, 11-12-14, September 14,201 I.docx ADMINISTRATIVE REPORT Ablegov, Inc., Citrus Heights, CA $144,564.01 Waring Enterprises LLC, Vista, CA $145,625.78 Howard Technology Solutions, Laurel, MS $146,616.77 Nordisk Systems, Inc., Milwaukie, OR $148,493.28 Aprisa Technology LLC, Roslyn, NY $148,775.72 Staff finds the bid submitted by Cyber Computers, Incorporated to be acceptable. Purchasing Division/kb SAPURCHWDMIN1Admin 11-121Panasonic CF-31 Laptop, 11-12-14, September 14,2011 -docx MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 31, 2011 CITY ATTORNEY CITY MANAGER & SUBJECT: Accept bid from Cyber Computers, Incorporated, in the amount of $92,704.68 for eighty four (84) replacement Lenovo office laptops for the Information Technology Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer equipment. Sixteen (16) bids were received in response to the solicitation. Bids received from En Pointe Technologies and Millennium Information Technology failed to acknowledge receipt of an Addendum that modified the bid document whereby rendering their bids unacceptable. The laptops will replace existing office laptops in various City departments that have been in use beyond their recommended replacement date. Funds are budgeted in the Equipment Replacement Fund for the purchase of eighty four (84) Lenovo laptops. The fourteen (14) acceptable bids received are as follows: BIDDER AMOUNT Cyber Computers, Inc., Irvine, CA $ 92,704.68 EDX Information Systems, Inc., Fremont, CA $ 95,531.58 Y & S Technologies, Brooklyn, NY $ 97,758.21 CompuWave, Fresno, CA $ 98,756.67 New Tech Solutions, Fremont, CA $101,659.84 Ablegov, Inc., Citrus Heights, CA $102,595.28 Nordisk Systems, Inc., Milwaukie, OR $104,342.18 Purchasing Division/kb SAPURCHWDMINWdmin 11-12\Lenovo Thinkpad Laptops, 11-12-15, September 14, 2011.docx ADMINISTRATIVE REPORT Howard Technology Solutions, Laurel, MS $106,366.19 CDI Computers, Inc., Markham, ON $111,031.56 Ewiz Express Corporation, San Jose, CA $131,301.81 OM Office Supply, Inc., Mechanicsburg, PA $135,639.00 The Very Last Word, Milpitas, CA $137,323.75 Waring Enterprises LLC, Vista, CA $139,989.06 Coast to Coast Computer Products, Inc., Simi Valley, CA $146,041.37 Staff finds the bid submitted by Cyber Computers, Incorporated to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 11-12\Lenovo Thinkpad Laptops, 11-12-15, September 14, 2011.docx MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD / DATE: August 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Dell Marketing L.P. in the amount of $49,026.75 for one additional Dell Equallogic Storage Area Network (SAN) for the Information Technology Division. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer equipment. Two (2) bids were received in response to the solicitation. The SAN will provide high speed storage to the City's database systems and will support all City applications. The SAN will increase the speed of accessing these large and often used Databases. Funds are budgeted in the Equipment Replacement Fund for the purchase of the Dell Equallogic SAN. The two (2) bids received are as follows: BIDDER AMOUNT Dell Marketing L.P. $49,026.75 Round Rock, TX Impex Technologies, Inc. $63,422.29 Torrance, CA Staff finds the bid submitted by Dell Marketing L.P. to be acceptable. Purchasing DivisioNkb SAPURCHWDMINWdmin 11-12\Dell Equallogic SAN, 11-12-13, September 14 2011.d0cx MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: , -Z, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 11<5 DATE: September 2, 2011 CITY ATTORNEY- & CITY MANAGER , SUBJECT: Accept bid from Impex Technologies, Incorporated in the amount of $63,014.74 for three (3) replacement Dell R810 servers for the Information Technology Division. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer servers. Five (5) bids were received in response to the solicitation. The three (3) new servers will be replacing eight (8) existing servers which currently run the City's virtual infrastructure. Programs to be run on the new servers include Laserfiche, MaintStar, RecTrack, Cognos and Microsoft Exchange. Funds are budgeted in the Equipment Replacement Fund for the purchase of three (3) replacement Dell servers. The five (5) bids received are as follows: BIDDER AMOUNT Impex Technologies, Inc. $63,014.74 Torrance, CA Dell Marketing L.P. $64,227.83 Round Rock, TX EDC Systems $65,698.13 Lafayette, CA Net Xperts, Inc. $68,195.88 San Ramon, CA Millennium Information Technology $76,924.79 Tempe, AZ Staff finds the bid submitted by Impex Technologies, Inc., to be acceptable. Purchasing Division/kb SAPURCHADMINAdmin 11-12%Dell R810 Servers, 11-12-12, September 14, 2011.docx A 4 ADMINISTRATIVE REPORT c~ 0 MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 9. 0.0 - TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 25, 2011 CITY ATTORNEY CITY MANAGER k5- SUBJECT: Accept bid and approve contract to Vulcan Materials Company (not to exceed amount of $6,000,000) for the annual contract for the supply of street materials. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to Bid were sent to over four hundred (400) suppliers for the Annual Contract for street materials. Three (3) bids were received in response to solicitation. Acceptable bids were received from Vulcan Materials Company, Bowman Asphalt and Granite Construction. The bid required suppliers to provide pricing for various types and quantities of asphalt to be used in the maintenance of City streets. In accordance with the terms of the bid, the total cost was based upon the unit price bid plus the City's cost of hauling ($0.30 per ton mile) added to bids from vendors for items picked up from vendor's plant. Distance for computation of ton miles is the distance from City Corporation Yard to the vendor's plant. (See attached spreadsheet). The lowest overall bid after accounting for material transportation costs was Vulcan Materials Company, Bakersfield. Funds in the amount of $6,000,000 are budgeted in the Gas Tax Fund and Capital Outlay Fund. Staff anticipates minimal impact (if any) to the General Fund. Even though the mathematical calculations of the various bidders' unit prices multiplied by the City's estimated number of units exceeds the budget figure, we only enter into the contract for the amount of budgeted funds available. The bidders understand that they are bidding on per unit prices and not an overall dollar award. The contract award is for a one year period; renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Staff finds the low bid to be acceptable and recommends approval of the contract in the amount of $6,000,000 to Vulcan Materials Company. Purchasing Division/kb S:IPURCHIADMINWdmin 11-12WC for Street Materials, 11-12-09, September 14,201 1.docX September 9, 2011, 10:13AM N o~ u~ ~Z C 8 88 8 8 8 8 88 g O O N O ~ CO f C ~ NO NO NO h ~ Z ~ Z cp U9 49 O C 8 g C g p 8 53 8 O s O O O, A $ v ? i N C g 8 g g g Ni W) M 8 S h ~ Z Z g u u \ N i~k!tku U.-UchU~tv) OL CV) N CML m m } ~ ~ N CL 2 1o 8 O~ O► ~A N _h O► di I v~ 0 ~ N ~ N N M h o; O~ h A A' Y! N 0 C C) U C m 2 N V ~ o~ . u 'A 1> m GOVO1, fr,1 d ADMINISTRATIVE REPORT 1 0 MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: , to. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: August 31, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Budget and Finance Committee Report regarding Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Amendment No. 1 (FY 11-12). (Wards All) 1, Reduce CDBG, HOME and ESG Operating and Capital Budgets by $799,422 in accordance with HUD FY 2011-12 Action Plan Amendment No. 1, RECOMMENDATION: Staff recommends acceptance of the report and approval. BACKGROUND: On April 13, 2011, the City Council approved the FY 2011-12 Action Plan, which included projects to be funded with HUD Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) entitlements, However, at that time, information for final entitlement funding had not been issued by HUD, and the City submitted the Action Plan to HUD by the requisite May 15, 2011 deadline without final allocations. The Action Plan projects approved by the City Council were based on FY 2010-11 funding, reflecting a total of $5,477,998 in Federal entitlement funding. Staff projected program income for CDBG in the amount of $7,000 and $30,000 for HOME, However, due to Federal budget cuts, the actual entitlement funding the City will be receiving from HUD is less than anticipated. The following table summarizes the reductions to the City's FY 2011-12 entitlement funding: Program Anticipated Funding Actual Funding Change % Change CDBG $3,634,857 $3,034,484 -$600,373 -16.5% HOME $1,695,784 $1,496,828 -$198,956 -11.7% ESG $147,357 $147,264 -$93 0.1% Totol $5,477,998 $4,678,576 -$799,422 S:\Admins\City Council\City Council Admins 2011\Action Plan FY11-12 Amendment9.14.11admin.Doc August 31, 2011 11:17 AM rab ADMINISTRATIVE REPORT Page 2 Staff still anticipates that the projected program income will remain the same for the CDBG and HOME programs, in the amounts of $7,000 and $30,000 respectively. Thus, the City of Bakersfield is required to amend the Action Plan to account for the cuts in funding. Staff presented an Action Plan Amendment to the Budget and Finance Committee on July 15, 2011 to review and consider. The Amendment proposes reductions to administration, programs and projects in the total amount of $799,422 for CDBG, HOME and ESG, and is summarized in the following tables: For CDBG: Proposed Change Revised Budget Reduce Administration -$120,074 $608,297 Cancel Graffiti Removal -$163,000 $0 Cancel Bakersfield Senior Center Improvements -$150,000 $0 Cancel Central Park Splash Pad -$332,000 $0 Increase Acquisition and Demolition in HUD Areas $60,479 $312,638' Increase California and P Area Curb, Gutter, Sidewalk and Reconstruction $104,222 $624,222* Total Changes -$600,373 'Includes $20,000 Direct Delivery For HOME: Proposed Chan a Revised Budget Reduce Administration -$19,895 $152,683 Reduce CHDO Set Aside -$29,844 $224,524 Reduce New Construction -$149,217 $1,149,621 Total Changes -$198,956 *Includes $75,000 Direct Delivery The Budget and Finance Committee unanimously supported the proposed FY 2011-12 Action Plan Amendment No, 1, and forwarded the Amendment to the City Council for review and approval, A public notice was published on July 27, 2011 concerning the availability of the draft annual Action Plan for a HUD-required 30-day citizen review and comment period. The public notice is attached. The public review period ended on August 26, 2011 and no public comments were received on the proposed use of FY 2011-12 HUD funds, S:\Admins\City Council\City Council Admins 2011 \Action Plan FY11-12 Amendment9.14.1 Iadmin.doc 8/31/2011 11:17 AM ds q Il..~ ~ rnw o.,<( ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 -CC, . TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: September 2, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY _ CITY MANAGER ~+J SUBJECT: Appropriate $50,000.00 State Grant Revenues [FY2011-12 Grant Assistance Program (GAP) from the State Office of Alcoholic Beverage Control(ABC)j to the General Fund Police Operating Budget, to fund overtime for the BPD vice division to conduct minor decoy, shoulder tap operations, and provide ABC training. RECOMMENDATION: Staff recommends approval of the proposed resolution. BACKGROUND: The City of Bakersfield has received notification from the ABC that a grant in the amount of $50,000.00 has been awarded to the BPD under the Grant Assistance Program (GAP). The grant funds under the ABC GAP program will fund, in part, the joint operations of the BPD / Kern County Sheriff's Office Joint Vice Task Force (JVTF) to conduct undercover surveillances and investigations; and conduct minor decoy and shoulder tap operations. On June 29, 2011, the City Council accepted the grant funds by Resolution 059-11, to complete the grant application process. The Bakersfield Police Department now requests that the grant funding be appropriated into the General Fund Police Operating Budget for ABC grant operations. DWB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 11-12\ADMIN RPT - (09-14-11) 2011-12 ABC GAP GRANT (11G-LA03).docx 8/25/2011 11:01 AM Page 1 of 1 MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: $ , d , TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: September 6, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: City Positions on 2011 League of California Cities Resolutions RECOMMENDATION: Staff recommends that the City Council take a neutral position on the proposed 2011 resolutions. BACKGROUND: The League of California Cities Annual Conference will be held September 21-23, 2011 at the Moscone West Convention Center in San Francisco. The conference includes an annual business meeting, during which the member cities are given the opportunity to vote on the propositions that have been proposed for consideration this year. Typically, staff reviews the proposed resolutions and provides a recommendation to the Legislative and Litigation Committee and the full City Council to support, oppose, or remain neutral. This year, there are six proposed resolutions to be considered, as follows: 1. Resolution Supporting Alternative Methods of Meeting Public Notice Requirements and to Advocate for Revisions to the Government code Recognizing Alternative Methods as a Means to Meet Noticing Requirements. 2. Resolution relating to Tort Reform 3. Resolution related to Raising Public Awareness about the Imminent Health and Safety Concerns for Bullied Children 4. Resolution Supporting the Prison Rape Elimination Act of 2003 5. Resolution Calling for the Replacement of the Death Penalty with the Sentence of Life Imprisonment without the Possibility of Parole 6. Resolution in Honor of the City of Bell September 7, 2011, 1:48PM 2011 LeagueResolutlons-rs The City Manager and City Attorney have reviewed each of the resolutions and corresponding background information. The majority of the resolutions lack a local component, which is always given major significance in staff's analysis when determining a recommendation. The resolution concerning Tort Reform is the closest to having a local fiscal impact, but it has been attempted and defeated previously and has been highly controversial for years. Any attempt to re-write the law would require the setting aside of years of case law precedent. In conclusion, staff recommends that the most appropriate course of action is for the Council to take a neutral position on all of the proposed resolutions this year. However, in keeping with the Council's historical directive, the City's Voting Delegate will have the authority to represent the Council's position if the proposed resolutions change, and/or additional resolutions are introduced during the course of the Annual Conference. At the August 17, 2011, Vice-Mayor Couch was appointed as the City's Voting Delegate, as he will be attending the Annual Conference and the quarterly Board of Directors meeting as the Mayor's representative on the "Big 10" cities. September 7, 2011, 1:48PM 2011 LeagueResolutions-rs ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. ez. TO: Honorable Mayor and City Council APPROVED FROM: DATE: Chris Huot, Administrative Analyst III September 6, 2011 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: City Event Promotion During City Council Meetings RECOMMENDATION: Staff recommends Council receive and file this information. BACKGROUND: Counciimember Sullivan initially requested staff present a monthly report in front of the Council apprising the Council and the public of events at City facilities for the upcoming month. Staff presented a report to the Council during the August 17th Council meeting. As a method of reaching a larger audience in place of a monthly report to the Council, staff has developed a slide show presentation to run on the KGOV broadcast to promote the upcoming events during the time period in which Council is in closed session. This will be a more effective venue to notify the public about upcoming events. Debuting during the closed session of the Council Meeting of September 14, 2011 is a loop of slides showcasing the upcoming events and ticket information for events at Cityfacilities or events hosted bythe City. The information will repeat, providing viewers multiple chances to obtain show and ticket information. It will include all events at City facilities or events hosted by the City. The event information is also included in the Council's weekly General Information Memorandum, on various City web site calendars and promoted via local media outlets. S:1Chris l Lac t'~1'r j~c~f ~Cc~ul~tii1 f✓hctit~ .vent Proln ticn\Sepr 14_Adrttin.doc d ADMINISTRATIVE REPORT MEETING DATE September 14, 2011 AGENDA SECTION: Closed Session ITEM: 10.0- TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓4- DATE: September 2, 2011 CITY ATTORNEY VG CITY MANAGER )eS SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (one matter). VG:Isc S:\COUNCIL\CI Sess\Admins\1 1-12\9-14-1 1 PotLit.docx ADMINISTRATIVE REPORT MEETING DATE September 14, 2011 AGENDA SECTION: Closed Session ITEM: 10 , b. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD le, DATE: August 29, 2011 CITY ATTORNEY ke- CITY MANAGER )es SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Four cases). • Youngblood, Harold v. City of Bakersfield KCSC Case No. S-1500-CV-271785-DRL • Hailey, Darren v. City of Bakersfield KCSC Case No. S-1500-CV-264464-DRL • Torres, James Arthur v. Bakersfield Police Department KCSC Case No. S-1500-CV-269344-WDP • Anderson, Leon, Sr., et al. v. City of Bakersfield, et al. KCSC Case No. S-1500-CV-267009-DRL VG:Isc S:\COUNCIL\CI Sess\Adm1ns\1 1-12\9-14-1 1 Exiskit.docx A ADMINISTRATIVE REPORT MEETING DATE: September 14, 2011 AGENDA SECTION: Reports ITEM: I?-. 6. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 1, 2011 APPROVED DEPARTMENT HEAD F99u CITY ATTORNEY k16__1 CITY MANAGER_4~ Report on Proposed Median Island Improvements (Wards 1, 4, 6, 7): 1. Staff report regarding proposed budget amendments to add specific median island improvements to the Fiscal Year 2011 /12 budget. 2. Appropriate $936,000 Developer Share Project Cost to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund to fund median island landscape improvements. RECOMMENDATION: Staff recommends acceptance of report, and approval of appropriation to fund median island improvements. BACKGROUND: This Administrative Report summarizes staff's recommendations to increase appropriations for the Fiscal Year 2011 /12 budget to fund additional median island landscape improvements. There is no General Fund impact associated with any of the proposed projects. Developers are required to construct median island improvements or pay an in-lieu median island fee. These in-lieu fees are used by the City to construct and landscape median islands. Staff proposes to appropriate $936,000 of in-lieu median fees to install landscape improvements at several locations throughout the City where the hardscape improvements have already been installed, but landscaping has not been completed. Normally, the trust fund, where payments are held until the other half of the street develops, is used for site specific instances. There are cases, however, where due to canals, older development, and related conditions, the 'other side' will never come in. We are, therefore, necessarily using some of the balance in the trust for problematic areas that need attention, but are not likely to get done under 'normal' circumstances. The financial history in the fund was reviewed, and staff believes the amounts proposed to be expended on these projects are appropriate. The proposed project sites include the following: 1. Fairfax Road, for 2,400 feet south of Redbank Road (Ward 1) $175,000 2. Calloway Rd, for 400 feet south of Meacham Road (Ward 4) 62,000 3. Hosking Avenue, Tree Line Avenue to Zermatt Street (Ward 7) 71,900 G:\GR0UPDAT\ADMINRPT\2011\09-14\REPORTS - Median Islands.docx A U C ADMINISTRATIVE REPORT 4. Olive Drive/Calloway Drive Intersection - west and south legs(Ward 4) 148,000 5. Ashe Road, Harris Road to SJVRR tracks (Ward 6) 161,000 6. McCutchen Road, Dazzle Lane to Stine Road (Ward 6) 39,700 7. Stine Road, north and south of Ambrister Drive (Wards 6 & 7) 32,400 8. Union Avenue, Arvin-Edison Canal to Panama Lane (Ward 1) 246,000 Total Appropriations Maintenance of the landscape improvements will be funded through the Consolidated Maintenance District. Only parcels within the benefit area for the above improvements will be assessed annually on the tax roll. Staff recommends acceptance of this Report and approval of appropriations for the proposed median island improvements. In-lieu median fees will fund the proposed median island improvements. Therefore, there is no General Fund impact associated with any of the proposed projects. Public Works/bu G:\GR0UPDAT\ADMINRPT\2011 \09-14\REPORTS - Median Islands.docx MEETING DATE: September 14, 2011 AGENDA SECTION: Reports ITEM: , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 30, 2011 Thomas Roads Improvement Program (TRIP) (Various Wards) 1) Program Update 2) Agreement with Parsons Transportation Group Corporation, ($27,665,816.00) for Program Delivery/Engineering and Environmental Support Services for TRIP; and for Preliminary Engineering and Coordinating/Managing Completion of the Environmental Document for the Centennial Corridor Loop (SR-58 Connector) Project (Ward 2) APPROVED DEPARTMENT HEAD P CITY ATTORNEY 41- CITY MANAGER RECOMMENDATION: Staff recommends acceptance of the report and approval of the Agreement. BACKGROUND: In August 2005, Congress approved and President Bush signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-Lu). Through the efforts of former Congressman William Thomas, this Act included $630,000,000 in federal funds for a program of highway improvement projects in metropolitan Bakersfield. In honor of Congressman Thomas, this program came to be known as the Thomas Roads Improvement Program, or TRIP. The City of Bakersfield was designated as the lead agency for the administration of this Program, which when combined with other state and local funds totals over $1.2 billion. Because of the magnitude and limited duration of TRIP and the need for specialized expertise in the delivery of major highway projects, it was determined that retaining the services of a program management consultant would be the best and quickest way to deliver the program of projects. A Request for Qualifications for Professional Services for Program Management was Issued in November 2005, and through a qualifications based selection process, Parsons Transportation Group (Parsons) was selected to perform these services. Agreement 06-053 was approved by the City Council on February 22, 2006. The Agreement included an initial five-year, four-month time-frame and had a termination date of June 30, 2011, but was subsequently amended to revise the termination date to December 31, 2011. On July 12, 2011 staff issued a Request for Qualifications (RFQ) for Professional Services for Program Delivery/Engineering and Environmental Support Services for TRIP, as well as for Professional Services for Preliminary Engineering and Coordinating/Managing Completion of the Environmental Document for the Centennial Corridor Loop (SR-58 Connector) Project. Two submittals were received from firms regarding this RFQ; but one of the submittals was not for the services requested in the RFQ but was an offer to provide specific 'bridge design and construction supervision services for one or two or more bridge projects." This submittal also Tdw; G:\GR01JPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX T A ADMINISTRATIVE REPORT did not contain several specific required RFQ items and information. As such, only the submittal by Parsons was found to responsive to the RFQ and contains all the required items and information, in accordance with federal procurement procedures for these types of services, after Parsons was selected, their cost for providing these services was then negotiated by the Public Works TRIP staff. Under Parsons' current Program Management contract, substantial progress has been made in advancing TRIP over the past five years including: o Completion of construction of the SR-99/7m Standard Road Interchange and Grade Separation at the Union Pacific Railroad; o Completion of construction of the SR-178/Fairfax Road Interchange and extension of one mile of the SR-178 freeway, for which Parsons provided construction management services and also provided services to assist City staff in obtaining nearly 60 temporary easements for building a sound wall adjacent to residences; o Completion of construction of the extension of Mohawk Street from Rosedale Highway to Truxtun Avenue, which opened to traffic on June 30, 2011, nearly a year earlier than originally scheduled; o The on-going construction of the Westside Parkway Phase 2 project from Mohawk Street to Allen Road, which is on schedule for a late 2012 opening; o The on-going construction of the Westside Parkway Phase 4 project which will connect the Westside Parkway directly to Truxtun Avenue and Includes two long bridges over the Kern River. This project is scheduled for completion in late 2012, concurrent with the Phase 2 project; o The on-going construction of the Westside Parkway Phase 6A project which relocates utilities, builds a box culvert, and builds a detour for Allen Road all in preparation of the Phase 6B project. The Phase 6B project will build the Allen Road Interchange, is planned to be advertised for construction later this month, and is also planned to be completed by late 2012, concurrent with the Phase 2 project. Just these projects alone total nearly $200 million in transportation improvements that have been constructed or are under construction in metropolitan Bakersfield. But much more work, while less visible but very significant, also continues for TRIP on a daily basis: o The Draft Environmental Document for the SR-178/Morning Drive Interchange has been circulated to the public, comments have been received and addressed, and the Biological Opinion (the final step) has been recently received from the U.S. Fish and Wildlife Service and is currently being incorporated Into the Final Environmental Document (FED). The FED should be approved later this month. A consultant has been selected and an agreement approved by Council for the preparation of construction plans and specifications for the project; a notice to proceed will be issued once the FED is approved, anticipated to occur later this month. This project also includes the extension of the SR-178 freeway for 1.5 miles, to the Mesa Marin ball fields recently completed. Construction is scheduled to begin in early 2013 and be complete two years later. Parsons staff developed a plan to lower the freeway portion of this project east of Morning Drive, which eliminated the need to relocate a major underground gas Tdw: G:\GR0UPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX pipeline and saved the project over $6 million. o The draft environmental document for the 24+h Street improvement projects has been completed and is undergoing final review by Caltrans, after which it will be circulated to the public for comments. This circulation is anticipated to occur early next year, with final environmental clearance expected later next year after which construction plans will be prepared and right of way acquisition will begin. Construction is scheduled to begin on the project in mid-2013 and be completed by late 2014. Parsons has successfully assumed the completion of the engineering work on this project necessary for approval of the environmental document when the original project consultant was struggling with various Caltrans requirements. o The draft environmental documents for the widening of Rosedale Highway has been completed and is undergoing final review by Caltrans, after which it will be circulated to the public for comments. This circulation is anticipated to occur early next year, with final environmental clearance expected later next year after which construction plans will be prepared and right of way acquisition will begin. Construction is scheduled to begin on the project in mid-2013 and be completed by late 2014. o The draft environmental documents for the widening of SR-178 in northeast Bakersfield have been completed and are being reviewed by Caltrans. It is anticipated that these documents will be circulated to the public early next year, with final environmental clearance expected later next year. Preparation of construction plans and right of way acquisition would begin next year, with construction scheduled to begin in early 2013 and be completed two years later. Parsons completed the initial engineering document for this project which was necessary to begin the environmental process. And to avoid potential project delays, Parsons also undertook and completed the traffic analysis necessary for approving the environmental document. o The Hageman Flyover and the Centennial Corridor/SR-58 Connector projects are all well underway and draft environmental documents are expected to be circulated on these projects next year, Besides the day to day management of the various consultant teams preparing documents and plans for the various TRIP projects, Parsons has continued to step in where necessary and provide the City a considerable amount of additional services not originally contemplated in their contract budget. These services have been provided by Parsons to meet immediate and time-critical needs to ensure that the TRIP projects stay on schedule and continue to move forward, Some specific tasks Parsons has undertaken include: o Preparing two environmental re-evaluation documents required due to minor modifications to the Westside Parkway. These modifications occurred after the Tier 2 Environmental Document prepared for the project had been approved and so a re- evaluation document was required. Parsons also quickly re-evaluated the noise analysis prepared for the Westside Parkway to include the potential added traffic from the Centennial Corridor/SR-58 Connector project (which was not originally contemplated when the Westside Parkway noise study was completed 6-7 years ago). This resulted in approval by the City Council of a change order to the Westside Parkway contractor to raise the sound walls to accommodate this potential future traffic and will save millions of dollars had the walls been raised in the future with the Centennial project. Tdw; G:\GROUPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX o Providing all field biological reviews, inspections, studies, and training for projects under construction. For all the TRIP projects, any areas where construction activities will take place must be reviewed for various species and reported on to government wildlife agencies shortly before construction begins. These agencies also require all construction personnel on TRIP projects to have training regarding endangered species prior to their working on the project, and this training is also provided by Parsons. o Undertaking the engineering work necessary for approval of the environmental document for the Centennial Corridor project. This new Agreement specifically includes the extension of that work. Further examples of additional services include developing a program-wide Kit Fox mitigation plan, updating the regional traffic model, providing traffic forecasting services and traffic analysis, and preparation of special visual simulations for Mohawk Street, 7m Standard Road, the Fairfax/SR 178 interchange, and the Calloway Drive Interchange and the Truxtun Tie-in portions of the Westside Parkway project. Even with the addition of these extended services, Parsons has remained under budget on their current contract. Parsons engineering and traffic staff have a strong relationship with and respect from Caltrans staff that must review and approve most of the TRIP engineering documents. This relationship has been a major benefit to both the City and the TRIP program and is why Parsons has undertaken, and the Agreement proposes to continue, performance of additional services to deliver the major component of TRIP - the Centennial Corridor SR-58 Connector. These services, which amount to $7.8 million or 28% of the total proposed Agreement, will expedite and advance the design and environmental effort for the freeway connection of SR-58 from east of SR-99 to the new Westside Parkway freeway. This is a considerable undertaking that will require close coordination with the City, Caltrans, Kern COG and Kern County. Other tasks Parsons will undertake or continue with as part of the work under this Agreement include: o Meeting on at least a weekly basis, as has been done for the past five years, to report to the City Manager and the Public Works Director regarding the status of the program and individual projects and to discuss various issues in their planning, design and construction. o Continuing to ensure compliance with all Federal, State, and local laws, regulations, rules, and mandates applicable to the Thomas Roads Projects, including compliance with environmental documents and mitigation measures. o Providing technical expertise, management, and adequate staffing to keep pace with required work effort which includes reviewing consultant submittals, tracking consultant performance, and addressing technical issues as they arise. o Monitoring and reviewing technical studies, reports and plans for the TRIP projects as prepared by consultants and coordinate the subsequent review and approval of these documents by Caltrans and other various government resource agencies. Tdw; G:\GR0UPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX o Ensuring that all requirements from environmental mitigation measures and regulatory permits, as specified in the approved environmental documents for the projects, are incorporated into the individual project designs, o Continuing to coordinate with regulatory and permitting agencies to further define mitigation issues and restrictions for the projects, particularly as they pertain to construction procedures. o For projects not on the State Highway System, providing constructability and value engineering reviews at various stages of design and plan preparation. o Maintaining and updating the master cost analysis and schedule for the various TRIP Projects. o Maintaining the Project Controls System that includes the TRIP schedule, cost/budget, configuration management, and document control components. Primavera software will continue to be utilized for this work, o Recommending design and construction project packaging, based on analysis of proposed project phasing, efficient contract sizing, and other considerations. o Assisting City staff with preparation of Requests for Qualifications/Proposals to consultant firms for final design services and the preparation of construction plans for the various TRIP projects, o Continuing to publish, in coordination with the City and Caltrans, an annual Progress Report that highlights the advances made during the prior fiscal year. o Preparing and coordinating public news releases and traffic advisories, particularly as they relate to on-going construction. o Assisting and supporting the City and KernCOG in obtaining State and Federal funding from various sources and programs. This includes programs administered by the California Transportation Commission and the Federal Highway Administration. o Updating the Annual Financial Plan for TRIP required by SAFETA-LU for the Federal Highway Administration. This will also Include annual updates of Project Descriptions. o Assisting the City in programming expenditures of City funds required to match federal funds and to complete delivery of the program. o Representing TRIP as required and requested at public meetings, public hearings and at service organization meetings. o Providing additional technical expertise as required to expedite delivery of the TRIP projects. Parsons has already provided such things as traffic demand forecasting, traffic engineering, environmental document preparation, noise studies, geometric design of highways, structure design, construction management, risk analysis and cost Tdw; G:\GROUPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX estimating; and they will continue to provide similar types of these filling the gap services as needed preventing delays to the delivery of the various TRIP projects. o Assuming management responsibility for of the delivery of the environmental phase of the Centennial Corridor/SR-58 Connector Project. Over the next 5 years, it is expected that: o Construction of the Westside Parkway between Allen Road and Heath Road/Stockdale Highway will be completed; o Construction of the Morning Drive/SR 178 Interchange will be completed; o Widening of 24th Street and Improvements at the Oak Street/24th Street Intersection will be completed, o Construction of improvements and the widening of Rosedale Highway from SR 99 to west of Calloway Drive will be completed; o Widening and Improvements on SR 178 from Canteria Drive to Miramonte Drive will be completed; o Construction of the Hageman Road Flyover across SR 99 will be underway; o Construction of the SR 58 Centennial Corridor between the Westside Parkway and Cottonwood Road will be underway. This Agreement is for a 5 year period that extends until June 30, 2016. This Agreement also contains several termination clauses so that it can be terminated at anytime by the City due to non performance, lack of funding, or even without any cause with a 30 day notification. Parsons was originally selected to manage the TRIP program based on their experience and qualifications. Since Parsons' selection over 5 years ago, staff has been generally pleased with their performance. Parsons has developed familiarity with the TRIP projects and relationships with agencies on behalf of the City. TRIP is a complicated, intricate program that involves coordination with, and often approval from, many local, state and federal agencies, many of which have processes that can be frustratingly slow. Staff has learned that maintaining good communication with these various agencies is the best way to advance the TRIP projects, and Parsons has competently represented the interests of the City in these on-going communications. Funding for these Program Delivery/Engineering and Environmental Support Services will come primarily from the federal earmarks received under SAFETEA-Lu, with about 12% of the cost of these services paid from local matching funds. As was structured in the initial Agreement, funds have continued to be appropriated by the City Council on an annual basis through the Capital Improvement Budget to fund that Agreement; this process will need to continue in subsequent fiscal years to fund this new Agreement. Staff recommends approval of the Agreement. Tdw: G:\GR0UPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX ADMINISTRATIVE REPORT The original RFQ issued in 2005 and the subsequent agreement with Parsons had indicated the anticipation of amending that contract in the future to add both additional time as well as funding. Last spring, staff began the process with Parsons of developing scope and costs for a proposed amendment to this contract but during this process, the Federal Highway Administration (FHWA) recommended that instead a new RFQ should be issued for the continuation of additional services. This new RFQ process resulted in delaying the City from being able to award a contract for these additional services for several months. During this time, Parsons and their team of 12 sub-consultants have continued with advancing the TRIP projects under their original agreement as otherwise, progress on the projects would have had to have been slowed or potentially even halted while waiting for a new agreement. Final invoicing and accounting of the original agreement will not be concluded for several months but once completed, there will likely need to be a concluding amendment for several hundred thousand dollars to the original contract to allow final reconciliation of that agreement. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review. Tdw: G:\GR0UPDAT\ADMINRPT\2011 \09-14\TRIP PMC Admin.DOCX F 6AK~ O n~coaron,rfe S ~ ~ Cn ADMINISTRATIVE REPORT cgLIFO MEETING DATE: September 14, 2011 AGENDA SECTION: Deferred Business ITEM: y, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 25, 2011 Traffic Signal, Lighting System, and Median Modification on California Avenue and Chester Avenue (Wards 1 and 2): 1. Accept bid and approve contract to PTM General Engineering Services, Inc. ($237,037.00) for project. 2. Appropriate $30,000 Gas Tax fund balance to the Public Works Department's Capital Improvement Budget. APPROVED DEPARTMENT HEAD I NV CITY ATTORNEY V6--' CITY MANAGER RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriation. BACKGROUND: This project consists of modifying the existing traffic signal and lighting system to current State of California Department of Transportation standards. This project also includes constructing pavement to widen the left-turn channelization lanes of California Avenue eastbound to Chester Avenue northbound, and modifying existing pavement markings and striping. Access ramps will be constructed to meet current American with Disabilities Act (ADA) requirements. This item was included on the August 17, 2011, City Council agenda. Councilmember Salas referred this item back to staff to assess if an Audible Pedestrian Signal (APS) system should be installed at this intersection. The APS system provides pedestrians with visual disabilities an audible indication that a walk phase has been activated. In response to Councilmember Salas' referral, staff follows federal transportation guidelines in installing APS devices. The Manual on Uniform Traffic Control Devices (MUTCD), issued by the Federal Highway Administration, is the national standard for all traffic control devices including APS. Section 4E.06 of the California MUTCD 2003 edition states, "If a particular signalized location presents difficulties for pedestrians who have visual disabilities to cross reasonably, safely and effectively, an engineering study should be conducted that considers the safety and effectiveness for all pedestrians in general, as well as the information needs of pedestrians with visual disabilities." The MUTCD provides information in conducting such a study and the decision-making process for determining if there is a need for an APS. Installation of APS devices are made on a case by case basis and are normally in response to public requests. Public requests for APS devices are reviewed by staff in compliance with MUTCD standards. Currently, there are no outstanding public requests for APS devices. The City currently maintains over 375 signalized intersections. Of these, 13 intersections have APS devices. City staff has installed all 13 of the APS devices at an approximate cost of $3,000 C:\Users\Rstarbuc\Documents\T1K213_SIG_MOD_CALIFCHESTER - Revised (3).Doc ADMINISTRATIVE REPORT each. On average, three APS devices are installed annually by City staff. Therefore, staff recommends award of this bid without the addition of APS devices for the following reasons: • Installation of APS devices should be in compliance with federal MUTCD regulations. A particular intersection should undergo an engineering study that takes into account many variables including the needs of pedestrians with visual disabilities. Past experience has indicated a negative public response at unwarranted APS intersections due to noise pollution, especially in areas in close proximity to residential neighborhoods. Staff recommends deferring the decision of whether to install an APS device at this intersection until actual field data becomes available. • Installation of APS devices have historically been performed by City staff and not by contractors. If an APS device becomes warranted at this intersection, City staff can install the device at a cost of $3,000. The project is funded with both gas tax funds and traffic impact fees. The portion of the project related to widening the left-turn channelization, which then establishes three eastbound lanes on California Avenue, is a Gap Project within the Transportation Development Fund program. On June 22, 2011 a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: PTM General Engineering Services, Inc 5942 Acorn Street Riverside, California 92504 in the amount of $237,037.00 A-C Electric Company 2921 Hangar Way Bakersfield, California 93308 (County) Loop Electric Inc. 7040 Downing Avenue Bakersfield, California 93308 (County) in the amount of $242,745.70 in the amount of $248,187.20 An additional appropriation of $30,000 within the Gas Tax Fund is required for the award of this project. There is no General Fund impact associated with this project. RLT C:\Users\Rstarbuc\Documents\T1K213_SIG_MOD_CALIFCHESTER - Revised (3).Doc MEETING DATE: September 14, 2011 AGENDA SECTION: Deferred Business ITEM: , h , TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: September 6, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Proposal to Create a Housing Incentive Task Force RECOMMENDATION: Staff recommends Council determination. BACKGROUND: This item was brought before Council at the regular meeting of August 17, 2011. Vice Mayor Couch asked that it be deferred to the meeting of September 14, 2011 in order to allow additional time to consider who will be appointed to the Committee. At the regular meeting of the City Council on June 29, 2011, the City Council voted 6-1 to ratify the Majority Report of the Planning and Development Committee, which was to not provide a General Fund subsidy to new home buyers. Councilmember Weir then asked that the Vice Mayor consider establishing a task force that would specifically focus on what can happen to stimulate and prod the building of new homes in our community. For several months prior to June 29, 2011, the Planning and Development Committee met to consider several variations of how fee reductions might be used to spur housing construction. Those ideas were not carried forward for two main reasons: 1) The subsidy could not total enough to offset the difference in cost between foreclosure/short sales and the cost of new homes; and, 2) The City had already prevailed in a legal challenge to its fees, and was using the validated fees to defend against three other lawsuits. There may be other methods to look at ways to stimulate the housing market. Some of them follow below: At the June 29, 2011 meeting, Donna Carpenter raised the question of "transferring some of the permit fees to the property taxes." That subject had also arisen earlier in Committee deliberations. A memorandum from Finance Director Nelson Smith is attached on that subject. Please note that there are certain complexities related to this concept. AT:aI S:\Admin Rpts\2011 \Housing Incentive Task Force 09.14.11.docx Page 1 9/6/2011 10:28 AM A a, U C r ADMINISTRATIVE REPORT City staff conducted an internet search of alternatives to a fee-based housing stimulus program. A copy of that report is attached. The programs are nearly all similar to the proposal that did not receive approval by the City Council on June 29, 2011. Staff notes that during the time adoption of the current traffic impact fees was being considered, City staff recommended a 10% economic recovery period discount. That proposal passed the nexus test because fees were to be raised adequately in future years to fully recover the lost revenues. Kern County believed, however, that the discount was illegal. In order to have a common fee, the City dropped the proposal. The joint City-County fee is what will survive the legal challenge. The County could be approached again to see if their view of the matter has changed. The City adopted a one-year extension of final maps as an economic incentive. The State legislature recently authorized another two-year extension of vested maps. A Housing Incentive Task Force may envision possible incentives beyond those considered by the Planning and Development Committee, or those items mentioned in this administrative report. Staff would respectfully request that such a task force not restudy the ideas recently considered and rejected by the Planning and Development Committee and City Council. Summary The Vice Mayor may nominate the members of a Task Force for City Council confirmation. The City Council may consider a time limit for such a task force to report back to the City Council, if created. The City Council may have other ideas, recommendations or guidance to provide relative to the task force. AT:al S:\Admin Rpts\2011 \Housing Incentive Task Force 09.14.1 l.docx Page 2 9/6/2011 10:28 AM BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 17, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Salas, Weir, Hanson, Sullivan, Johnson Absent: Councilmember Benham 2. INVOCATION by Pastor Toure Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Vice-Mayor Couch. Mayor Hall acknowledged the students from Valley Oaks Elementary School and Freedom Elementary School in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Susan Hershberger, 2011 John Brock Community Service Award winner, declaring September 8, 2011 as Susan C. Hershberger Day. Ms. Hershberger accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. LaQuette Milner, Director of LQ's Performing Arts Center, spoke regarding a special program being offered during August and September for dance classes or to sponsor a child for $20, and submitted written material; she also announced that a new production, "Hip-Hop Wizard of Oz", will be coming to Bakersfield in February. ACTION TAKEN Councilmember Sullivan announced she will be making a donation to help the students. Bakersfield, California, August 17, 2011 - Page 2 5. 6. 7. 8. PUBLIC STATEMENTS continued b. Jack Rademacher spoke regarding our city's air quality. WORKSHOPS None. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 13, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from July 1, 2011 to August 3, 2011 in the amount of $25,125,711.55 and self-insurance payments from July 1, 2011 to August 3, 2011 in the amount of $1,522,816.26, totaling 26,648,527.81. Ordinances: C. Adoption of Ordinance amending Municipal Code Section 14.12.390, Subsections B and C, relating to sewers. (FR 07113111) d. Adoption of Ordinance amending Chapter 5.08 of Municipal Code relating to alarm regulations. (FR 07113111) e. Adoption of Ordinance amending Municipal Code Sections § 1. 12.040 and § 1. 12.070 by adding Annexation No. 548 consisting of 567.66 acres located along the south side of Stockdale Highway, west of Renfro Road and Annexation No. 608 consisting of 287.88 acres located along the south side of Seventh Standard Road, north of Snow Road and west of Coffee Road to Ward 4; and Annexation No. 627 consisting of 4.78 acres located along the east side of Stine Road between McKee Road and Taft Highway to Ward 7. (FR 07113111) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION ORD 4649 ORD 4650 Bakersfield, California, August 17, 2011 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN First Reading of Ordinance determining the City will comply with the Voluntary Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Bakersfield Redevelopment Agency. Resolutions: g. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Assessment hearing held 7/11/11) h. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Assessment hearing held 818111) i. Resolution approving application for annexation of uninhabited territory to the City identified as Annexation No. 622 consisting of .18 acres located at 4724 Frazier Avenue. Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. k. Resolution determining that bidding for City radio communications equipment cannot be reasonably obtained through the usual bidding procedures because of the need to integrate into the existing City radio infrastructure and authorizing the Finance Director to dispense with bidding therefor, not to exceed $145,000. REMOVED FOR SEPARATE CONSIDERATION RES 071-11 RES 072-11 RES 073-11 RES 074-11 RES 075-11 Bakersfield, California, August 17, 2011 - Page 4 8. CONSENT CALENDAR continued Resolution determining that Bioxide, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $800,000. M. Purchase of Mark VII car wash equipment: Resolution determining that Mark VII car wash equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $100,000. 2. Agreement with Banks & Company (not to exceed $100,000) to supply and install replacement Mark VII car wash equipment. n. Holmatro Rescue Equipment: Resolution determining that Holmatro rescue equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $70,000. 2. Approve the purchase of three replacement Halmatro rescue tools from FS3 for total not to exceed $70,000. o. Repair and replacement of Mesa Marin Sports Complex water pump station: Resolution determining that the timely repair and replacement of the water pump station cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor and request water pump station repair and replacement services from Kern Sprinkler Landscaping, Inc. not to exceed $102,000. ACTION TAKEN RES 076-11 RES 077-11 AGR I1-082 RES 078-11 RES 079-11 Bakersfield, California, August 17, 2011 - Page 5 8. CONSENT CALENDAR continued Item 8.o. continued 2. Agreement with Kern Sprinkler Landscaping, Inc. (total not to exceed $102,000) to repair and replace water pump station at Mesa Marin Sports Complex. 3. Appropriate $102,000 from the Self- Insurance Fund to the Self-Insurance Operating Budget for project. P. Disposal of real property located west of Union Avenue and north of Hopper Court (24th Street): 1. Resolution declaring real property surplus to the needs of the City. 2. Quitclaim Deed to Hopper Properties, LLC conveying surplus property, q. Resolution of Intention No. 1694 to add territory, Area 4-102 (2408 & 2420 Eye Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Resolution of Intention No. 1695 to add territory, Area 3-82 (2739 Panama Lane) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Agreements: S. Final Tract Map and Improvement Agreement with Adavco, Inc. and Lantz Family, LP for Tract 7216 located east of Windermere Street and north of Panama Lane. Fire Department Training Agreements: Agreement with Kern Community College District and County of Kern for instructional services. 2. Memorandum of Understanding with Kern Community College District and County of Kern to maintain, upgrade and operate the Olive Drive Training Facility. ACTION TAKEN AGR 11-083 RES 080-11 DEED 7480 ROI 1694 ROI 1695 AGR I1-084 AGR 11-085 AGR 11-086 Bakersfield, California, August 17, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.t. continued 3. License Agreement with Kern Community College District and County of Kern for Olive Drive Training Facility. U. Agreement with T.Y. Lin International (not to exceed $3,550,000) for SR-178 and Morning Drive Interchange Project design services. (TRIP) V. Agreement with Pacific Gas & Electric Co. ($201,622) for the relocation of electric distribution facilities in conflict with City's Westside Parkway Phase 6A. (TRIP) W. Amendment No. 1 to Agreement No. 10-072 with County of Kern ($160,500; revised not to exceed $560,500) for reimbursement of professional service costs for right-of-way of the 7th Standard Road Widening Project. (TRIP) X. Hangar Lease: 1. Assignment of Agreement No. 93-63 from Don Paul Martin to George S. Sturges, Jr., for Hangar A-9 at the Municipal Airport. 2. Amendment No. 1 to Agreement No. 93-63 with George S. Sturges, Jr., extending term of lease. Y. Amendment No. 9 to Agreement No. 04-214 with Parsons Water and Infrastructure (no change in total compensation) to transfer $60,000 from the Solar Energy Project scope of work to the Plant 3 Expansion phase of work for the Wastewater Treatment Plant 3 Expansion Project design services. Z. Amendment No. 1 to Agreement No. 10-096/RA 10-008 with the City for use of Federal HOME Investment Partnership Funds ($250,000; revised not to exceed $1,550,000) for affordable housing located at the 19th Street Senior Plaza Project. aa. Amendment No. 1 to Agreement No. 10-144 with Ennis Paint, Inc. ($50,000; revised not to exceed $198,221.31 and extending term one year) for traffic paint. AGR 11-087 AGR 11-088 AGR 11-089 AGR 10-072(1) AGR 93-63(A) AGR 93-63(1) AGR 04-214(9) REMOVED BY STAFF AGR 10-144(1) Bakersfield, California, August 17, 2011 - Page 7 8. CONSENT CALENDAR continued bb. Amendment No. 1 to Agreement No. 10-132 with Jim Alfter Cement Contractor ($500,000; revised not to exceed $2,709,172 and extending term for one year. CC. Amendment No. 1 to Agreement No. 10-1 13 with Zim Industries, Inc. dba Bakersfield Well and Pump Co. (no increase in amount; extends term for two years) for maintenance and repair of the Olcese Wells. dd. Contract Change Order No. 1 to Agreement No. 10-057 with System 3, Inc. ($26,118.16; revised not to exceed $5,385,136.16) for the Wastewater Treatment Plant No. 3 Solar Photovaltaic Project. ee. Contract Change Order Nos. 1 through 3 to Agreement No. 1 1-035 with GSE Construction, Inc. ($245,018; revised not to exceed $4,933,018) for the Wastewater Treatment Plant 2 Septage/Grease Receiving Station and Odor Control Project. Bids: ff. Reject all bids for the four door police special sedans for the Police Department. gg. Extend bid from Golf Ventures West ($142,585.09) for three replacement diesel powered rotary mowers for the Recreation and Parks Department. hh. Extend bid from Kern River Power Equipment, Inc. ($63,261.41) for five replacement riding mulching lawn mowers for the Recreation and Parks Department. ii. Accept bid from Gibbs Truck Center ($95,989.44) for one replacement brush truck for the Recreation and Parks Department. jj. Accept bid from Bakersfield Truck Center ($148,948.07) for one replacement water truck with 3,000 gallon capacity for the Streets Division. ACTION TAKEN AGR 10-132(1) AGR 10-113(1) AGR 10-057 CCO1 AGR I1-035 0001, 0002, 0003 Bakersfield, California, August 17, 2011 - Page 8 8. CONSENT CALENDAR continued kk. Accept bid from Municipal Maintenance Equipment, Inc. ($302,431.51) for one replacement mechanical rear broom street sweeper for the Streets Division. Accept bid from Jim Burke Ford ($266,523.29) for three replacement aerial lift trucks for the General Services Division. mm. Accept bid from Refuse Power Systems ($257,185.50) for two replacement side loader automated refuse bodies for the Solid Waste Division. nn. Traffic Signal, Lighting System and Median Modification - California Avenue and Chester Avenue Project: 1. Accept bid and approve contract with PTM General Engineering Services, Inc. ($237,037) for project. 2. Appropriate $30,000 Gas Tax fund balance to the Public Works Department Capital Improvement Budget. oo. Accept bid and approve contract with Loop Electric, Inc. ($107,550.51) for construction of Traffic Signal and Lighting System at the Intersection of Olive Drive and Verdugo Lane Project. pp. Mill Creek Linear Park Sister City Gardens Project - Phase A: Accept bid and approve contract with Rock Bottom, Inc. ($1,100,000) for construction of project. 2. Appropriate $200,000 Redevelopment Agency (RDA) reimbursement to the Public Works Capital Project Budget within the Capital Outlay Fund for the project. qq. Accept bid and approve contract with Raminha Construction, Inc. ($3,368,908) for construction of Bakersfield City Sanitary Landfill Final Closure Project. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 11-094 AGR 11-090 AGR 11-091 Bakersfield, California, August 17, 2011 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN rr. Accept bid and approve contract to Granite AGR 11-092 Construction Co. ($1,063,104) for the Pavement Rehabilitation 2011 Phase 4 - Ming Avenue from Wible Road to Hughes Lane. ss. Accept bid and approve annual contract with AGR 71-093 Badget Meter, Inc. (not to exceed $593,763.94) to supply water meters. Miscellaneous: tt. Appointment of voting delegate for 2011 League of California Cities Annual Conference. (Staff recommends appointment of Vice-Mayor Couch as delegate.) City Clerk Gafford announced that a memorandum was received from staff providing clarification to item 8.c. regarding an ordinance pertaining to sewers, and staff has requested that item 8.z. be pulled from the agenda. Councilmember Johnson requested that item 8.f. be removed for separate consideration. Councilmember Salas requested that item 8.nn. be removed for separate consideration. Vice-Mayor Couch requested that item 8.c. be removed for separate consideration. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.tt., with the deletion of AB BENHAM 8.z., and the removal of items 8.c., 8.f., and 8.nn. for separate consideration. C. Adoption of Ordinance amending Municipal ORD 4648 Code Section 14.12.390, Subsections B and C, relating to sewers. (FR 07113111) APPROVED Motion by Vice-Mayor Couch to adopt Consent AB BENHAM Calendar item 8.c. Bakersfield, California, August 17, 2011 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN f. First Reading of Ordinance determining the City FR will comply with the Voluntary Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Bakersfield Redevelopment Agency. Councilmember Johnson requested that the payment to the State be delayed until the last day possible. Councilmember Johnson asked that staff, prior to the second reading of this ordinance, look into why some jurisdictions, like Hanford and Desert Hot Springs, have opted to delay their second readings. Motion by Councilmember Johnson to give First APPROVED Reading to the Ordinance. AS BENHAM nn. Traffic Signal, Lighting System and Median Modification - California Avenue and Chester Avenue Project: 1. Accept bid and approve contract with PTM General Engineering Services, Inc. ($237,037) for project. 2. Appropriate $30,000 Gas Tax fund balance to the Public Works Department Capital Improvement Budget. Motion by Councilmember Salas to modify the agreement to Include audible signals for those intersections and refer to committee to develop a general policy for ADA compliance at major Intersections throughout the City. City Attorney Gennaro advised that in order to approve the motion Council would have to reject the bids and re-bid the project since the original bid did not include the audible signal. Motion by Councilmember Salas to refer Consent APPROVED Calendar Item 8.nn. to the next City Council meeting. AB BENHAM 9. CONSENT CALENDAR PUBLIC HEARINGS None. Bakersfield, California, August 17, 2011 - Page 11 10. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9. (One matter) Motion by Vice-Mayor Couch to adjourn to Closed Session at 5:50 p.m. Motion by Vice-Mayor Couch to adjourn from Closed Session at 7.40 p.m. RECONVENED MEETING AT 7:48 p.m. 11. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9. (One matter) 12. REPORTS a. Report by City Manager regarding an event schedule. Administrative Analyst Huot made staff comments, recommended Council receive and file the report, and asked for direction regarding receiving future event schedule information. Councllmember Salas suggested utilizing social mediums and asked staff to come back with a recommendation as to which social medium could be used to promote events; and he also asked for Information regarding utilizing a reverse phone tree system to notify the surrounding neighborhood whenever a concert Is being held. ACTION TAKEN NO REPORTABLE ACTION - STAFF GIVEN DIRECTION NO REPORTABLE ACTION - STAFF GIVEN DIRECTION Councllmember Johnson advised that receiving the information in the Friday General Information memo is sufficient for him. Bakersfield, California, August 17, 2011 - Page 12 12. REPORTS continued ACTION TAKEN Item 12.a. continued Councilmember Couch stated that he agreed with Councilmember Johnson's suggestion. Councilmember Sullivan advised that the purpose of presenting the report at the Council Meeting is for the benefit of the public, that it is an inexpensive way to promote the excellent activities the City has to offer, and that she would like these reports put on the Council meeting agendas at least once a month. Mayor Hall pointed out that each week The Bakersfield Californian, in Its Entertainment section on Thursdays, does a very good job of highlighting all of the City activities, so there is additional opportunity there for the public to be able to monitor the activities that are being conducted in the City. In response to a question by Vice-Mayor Couch, Administrative Analyst Huot advised that City events are posted on Rabobank's website as well as the City's Recreation and Parks Department's website, depending on the nature of the event. Motion by Vice-Mayor Couch to receive and file the APPROVED Report. AB BENHAM b. Ward Reapportionment. Planning Director Eggert made staff comments and provided a PowerPoint presentation. City Attorney Gennaro made staff comments. Councilmember Johnson requested that as the process moves forward he wants to ensure that the public has enough ample opportunity to speak and provide feedback; and that if staff has an option they want to bring forward, please don't do so at the last minute, so the public has more than enough time to comment and participate in the process. In response to a question by Vice-Mayor Couch, City Attorney Gennaro advised that this process needs to be completed prior to October 22nd of next year; however, she suggested a much quicker time pace than that, such as January or February of 2012. Bakersfield, California, August 17, 2011 - Page 13 12. REPORTS continued Item 12.b. continued Councilmember Weir requested that a link be placed on the City's homepage that would easily direct the public how to find the proposed concepts. Councilmember Sullivan asked Planning Director Eggert to provide a copy of the variations In Council's Friday delivery. 13. HEARINGS None. 14. DEFERRED BUSINESS a. Proposal to create a Housing Incentive Task Force. City Manager Tandy made staff comments. Vice Mayor Couch asked that anyone who has any particular ideas for this committee to consider, to please submit them so staff can review them early In the process, and he also requested that this Item be deferred until the next Council meeting. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson requested that the Budget and Finance Committee review the policy on rotation of auditors. Councilmember Johnson requested that the Budget and Finance Committee review our wastewater variable as it relates to our bonds. Councilmember Johnson requested that the Safe Neighborhoods Committee review an issue being considered by the State Attorney General of consolidating databases and merging them together. ACTION TAKEN Bakersfield, California, August 17, 2011 - Page 14 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson advised he received an e-mail from a constituent regarding excessive noise in vehicles and that he is going to invite him to make a public presentation at the Safe Neighborhoods Committee regarding this matter. Councilmember Johnson thanked Building Director Burns and his team for working with him and a local business that has been very accommodating in solving a neighborhood problem. Councilmember Sullivan expressed her concern about the condition of the litter on the freeway, specifically from Ming to California avenues; she also mentioned that the off ramp has not been getting any water for weeks; and she commended the appearance and improvements in the downtown area. Councilmember Sullivan announced that on August 4th, In God We Trust America had their 7th annual celebration of the 55th anniversary of the national motto, and there was a wonderful turnout and guest speaker Michael Reagan did an excellent job promoting patriotism; there are now almost 90 cities in California that display the national motto in their county and city chambers; and she expressed her appreciation to Councilmembers Salas, Weir and everyone who attended the event. Councilmember Sullivan mentioned that George Raymond Boden, the father of her four children, passed away unexpectedly on August 9th at the age of 78. Councilmember Salas thanked his online supporters that continue to join him for a virtual chat prior to each Council meeting, and advised that the next one will be at a different website, www.rud)dorbakersfield.com. Councilmember Salas thanked the Fire Department for hosting another kids' fire safety academy with local residents, which will be on Saturday, September 20th. Councilmember Salas invited everyone to the ribbon cutting/grand reopening at 2:00 p.m. tomorrow of the Friendship House Community Center and he thanked the City for its leadership in helping bring this about. Bakersfield, California, August 17, 2011 - Page 15 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Solos thanked Public Works for the street work being done in Ward 1 and for recently redoing the street in front of the fairgrounds. Councilmember Solos asked Public Works Director Rojas to follow up with him regarding an issue with Mr. Wallace. Councilmember Solos asked Public Works Director Rojas to follow up with him to resolve an issue regarding Mr. Davidson, who collected signatures from his neighbors for an issue in the neighborhood. Vice-Mayor Couch thanked the City Manager and staff for working diligently with PG&E to take down the cooling towers and possibly the Quonset huts at the Kern Power Plant at the corner of Rosedale Highway and Coffee Road, which has been an eyesore of Bakersfield for many years. Vice-Mayor Couch asked staff to give him a call regarding several referrals. Mayor Hall announced that on July 27th, he had the opportunity to go to the new Federal Courthouse construction project and meet with the representatives of the construction firm and saw how they put up the walls and learn what they are doing to build the courthouse; and the construction company had many favorable comments regarding how City staff has treated them. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:20 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield