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HomeMy WebLinkAbout10/19/11_CC_AGENDA_PACKETc A151" P BAKERSFIELD CITY COUNCIL AGENDA MEETING OF OCTOBER 19, 2011 Council Chambers, City Hail, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Reverend Antonio Alfred, St. John Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Breanna Duncan, 7m grade student at Stockdale Christian School. 4. PRESENTATIONS 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 28, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from September 16, 2011 to October 6, 2011 in the amount of $20,023,710.73 and self-insurance payments from September 16, 2011 to October 6, 2011 in the amount of $422,703.53, totaling $20,446,414.26. Ordinances: (Ward 1) C. First Reading of Ordinance amending Title 17 of the Bakersfield Municipal Code by changing the zoning from P (Parking) and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on a 0.44-acre portion of an existing shopping center site located south of Brundage Lane approximately 400 feet west of the intersection of Roosevelt Street and South Oleander Avenue. (ZC # 11-0230 - Kern Land Design representing Y. & R. Lamlaor and W. & R. Johnson) Resolutions: d. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code. (Finance Department) 8. CONSENT CALENDAR cont. e. Resolution determining hearings will be held to consider future Resolutions of Necessity to acquire properties for the Thomas Road Improvement Program projects. (TRIP) (Ward 4,6) f. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City: Annexation No. 635 consisting of 17.33 acres located south of Olive Drive, between Knudsen Drive and Landco Drive (future alignment). 2. Annexation No. 556 consisting of 65.26 acres located west of Stine Road, along the north and south side of Taft Highway. (Ward 3,4) g. Resolutions to add territories to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector: 1. Area 1-89 (NW corner of Reina Road and Old Farm Road) 2. Area 2-48 (6465 Ming Avenue) 3. Area 4-103 (4485 Buck Owens Boulevard) 4. Area 4-104 (3001 Buck Owens Boulevard) 5. Area 4-105 (3700 Chester Avenue) (Word 1) h. Sewer connection fee assessments: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreements to pay sewer connection fee in installments through the Kern County taxes and a notice of special assessment lien will be placed on the property, a. Julian B. & Gaudalupe R. Adame for 3105 Terrace Way b. Alexandria Perea for 3109 Terrace Way Resolution setting rates and equipment specifications for tow truck services provided pursuant to contract with City. Resolution adopting a policy regarding audit reporting practices and selection of audit firms. (Budget and Finance Committee) (Ward 4) k. Resolution of support for the Westside Parkway Phase 6 application to the U.S. Department of the Transportation Grants for National Infrastructure Investments, or "TIGER Discretionary Grant", Program. City Council Meeting of 10/19/2011 8. CONSENT CALENDAR cont. Wastewater Revenue Bond 2007 Series B Variable Rate Bonds: Resolution authorizing the use of excess revenues in the Wastewater Treatment Fund (not to exceed $19,000,000) to redeem a portion of the Wastewater Revenue Bonds, Series 2007 B; and 2. Appropriate $18,730,000 Wastewater Enterprise Fund balance to the debt service budget within the Wastewater Enterprise Fund for early redemption of variable rate Wastewater Revenue Bonds Series B; and 3. Appropriate $270,000 Wastewater Enterprise Fund balance to the debt service budget within the Wastewater Enterprise Fund to facilitate the replacement of current liquidity provider (Dexia) and associated remarketing of the remaining $25,000,000 balance of variable rate Wastewater Revenue Bonds Series B; and 4. Agreement with Kutak Rock LLP (not to exceed $85,000) for bond counsel services associated with the replacement of liquidity provider and associated remarketing of the Wastewater Revenue Bonds Series 2007 B; and 5. Agreement with Goodwin Procter LLP (not to exceed $77,500) for disclosure counsel services associated with the replacement of liquidity provider and associated remarketing of the Wastewater Revenue Bonds Series 2007 B; and 6. Authorize the Finance Director to take other actions necessary to facilitate the prompt replacement of current liquidity provider (Dexia) and associated remarketing of the Wastewater Revenue Bonds Series 2007 B (not to exceed costs of $107,500). (Budget and Finance Committee) Agreements: M. 2012 Healthcare Agreements: Amendment 1 to Agreement No. 10-133 with Anthem Blue Cross for PPO health insurance for eligible employees. 2. Amendment 1 to Agreement No. 10-134 with Anthem Blue Cross for PPO health insurance for eligible retired employees. 3. Amendment 1 to Agreement No. 10-135 with Anthem Blue Cross for HMO medical insurance for eligible retired employees. 4. Amendment 3 to Agreement No. 08-164 with Anthem Blue Cross Senior Secure for medical insurance for Medicare eligible retired employees. 5. Amendment 7 to Agreement No. 05-417 with Kaiser Permanente - Managed Care Health Plans for medical insurance for eligible employees. 6. Amendment 1 to Agreement No. 10-136 with Kaiser Permanente - Managed Care Health Plans for medical insurance for eligible retired employees. 3 City Council Meeting of 10/19/2011 8. CONSENT CALENDAR cont. M. 2012 Healthcare Agreements (cont): 7. Amendment 1 to Agreement No. 10-137 with Kaiser Permanente - Managed Care Health Plans for medical insurance for Medicare eligible retired employees. 8. Agreement with Kaiser Permanente - Managed Care Health Plans for a high deductible health plan for eligible employees. 9. Agreement with Kaiser Permanente - Managed Care Health Plans for a high deductible health plan for eligible retired employees. 10. Amendment 1 to Agreement No. 10-138 with Medical Eye Services (MES) for vision insurance for eligible employees. 11. Amendment 1 to Agreement No. 10-139 with Medical Eye Services (MES) for vision insurance for eligible retired employees. 12. Amendment 1 to Agreement No. 10-140 with Pacific Union Dental for pre-paid dental insurance for eligible employees. 13. Amendmentl to Agreement No. 10-141 with Pacific Union Dental for pre-paid dental insurance for eligible retired employees. 14. Amendment 2 to Agreement No. 09-133 with Metropolitan Life Insurance Co. for dental insurance for eligible employees. 15. Agreement with Optum Health of California for emotional health care insurance for Employees Assistance Program (EAP). 16. Agreement with Optum Health of California for emotional health care insurance for eligible employees. 17. Agreement with Optum Health of California for emotional health care insurance for retired employees. 18. Amendment No. 5 to Agreement No. 06-337 with Fort Dearborn Life Insurance Co. for eligible employee life insurance. 19. Amendment No. 4 to Agreement No. 08-019 with HealthComp, Inc. for any employee un-reimbursed medical expenses and dependent care expenses under the IRS Section 125. n. City Physician Services Agreements: Agreement with Central Valley Occupational Medical Group, Inc. (not to exceed $100,000 annually). 2. Agreement with Vernon C. Sorenson, M.D., dba, Memorial Occupational Medicine (not to exceed $100,000 annually). 4 City Council Meeting of 10/19/2011 8. CONSENT CALENDAR cont. (Ward 1) o. Agreement with Kern Charter Service, Inc. ($10,500 with 3% annual escalation clause) for annual ground lease of new Southwest Hangar Project. (Ward 2,4) p. Amendment No. 1 to Agreement No. 09-017 with the State of California Department of Transportation to widen Rosedale Highway between State Route 99 and Allen Road (TRIP). q. Annual contract for elevator maintenance: 1. Amendment No.1 to Agreement No. PW11-123 with ThyssenKrupp Elevator Corp. (adding $20,000, for a total not to exceed $60,000) to fund elevator repairs. 2. Appropriate and transfer $20,000 Capital Outlay Fund balance to the Finance Department Operating Budget within the Off Street Parking Fund for elevator repairs. r. Amendment No. 1 to Agreement No. WR10-014 with Gene Bogart ($40,000, for a total not to exceed $80,000 and extend term two years) to provide technical assistance to the Water Resources Department. S. Environmental Impact Report Processing for the Kern River Flow Project: Amendment No.1 to Agreement No. 10-154 with Horizon Water and Environment, LLC ($60,000, for a total not to exceed $660,000) to broaden the scope of services in the processing of the EIR. 2. Appropriation of $30,000 from the Domestic Water Fund Balance and $30,000 from the Agricultural Water Fund Balance to the Water Resources Capital Improvement Budget to fund the amendment to the EIR. (Ward 2) t. 24th Street Improvement Projects (TRIP): 1. Amendment No. 2 to Agreement No. 07-224 with RBF Consulting, ($215,248; revised not to exceed $2,705,907) for Engineering Design Services for the 24th Street Widening Project. 2. Amendment No. 2 to Agreement No. 07-225 with RBF Consulting, ($111,905; revised not to exceed $2,124,226) for Engineering Design Services for the Oak and 24th Street Improvement Project, Bids: U. Accept bid from Pierce Manufacturing, Inc. ($799,950.19), for one Mobile Command Unit for the Fire Department. V. Accept bid from McPeek's Dodge of Anaheim ($186,348.58) for ten replacement midsize sedans for the Wastewater Division and Police Departments. W. Accept bid from 3 Way Automotive Group ($95,371.46) for four replacement 4-door Police administration sedans. 5 City Council Meeting of 10/19/2011 8. CONSENT CALENDAR cont. X. Accept bid from 3 Way Automotive Group ($75,538.57) for two replacement 2-wheel drive utility vehicles pickups for the Fire Department. (Ward 2) Y. Accept bid from Dell Marketing L.P. ($67,740.48) for Juniper switches and power supply for the Information Technology Division. (Ward 2) Z. Accept bid and approve contract with RM Industries ($50,400) for annual janitorial services at the Amtrak Station. (Ward 6) aa. Accept bid and award contract to Brown and Fowler Construction, Inc. ($1,076,390), for construction of two domestic water well pump house facilities: CBK 53 located within Tract 6328 in the vicinity of Panama Ln, and Mountain Vista Dr., and CBK 55 located within Tract 6329 in the vicinity of Harris Road and Old River Road. Miscellaneous: bb. Certified Unified Program Agency Electronic Reporting Grant: 1. Approve State Grant Agreement ($70,494) with the California Environmental Protection Agency. 2. Appropriate $70,494 State Grant Revenue to the California Unified Program Agency Fund Operating Budget for the purchase of computers, WI F1 capabilities and interface with the California Environmental Reporting System. cc. Appropriate $3,325,000 Anthem Blue Cross medical premium surplus funds to the non-departmental budget within the General Fund to provide for additional deposits into the Retiree Medical Irrevocable Trust Fund. dd. Appropriate $253,000 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the Kern Avoid the 18 DUI Campaign. ee. Appropriate $514,677 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the Selective Traffic Enforcement Program. ff. Appropriate $47,420 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the "A Life Interrupted" Program, gg. Revised job specifications for Firefighter Trainee - # 32260 and Firefighter - # 32200. Staff recommends adoption of Consent Calendar items 8.a. through 8.gg. 9. CONSENT CALENDAR PUBLIC HEARINGS (Ward 2) a. Public Hearing to consider a Resolution ordering the vacation of an access easement located at 2620 K Street, between 261h Street and 27th Street. Staff recommends adoption of Resolution. 6 City Council Meeting of 10/19/2011 9. CONSENT CALENDAR PUBLIC HEARINGS cont. b. Public Hearing to consider the nomination of the large city member from Kern County to the San Joaquin Valley Air Pollution Control District Governing Board. Staff recommends Council determination. 10. CLOSED SESSION RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. HEARINGS a. Public Hearing and First Reading of an Ordinance amending Chapter 1.12 of the Bakersfield Municipal Code revising the boundaries of City Council Wards 1 through 7. Staff recommends First Reading of Ordinance. 13. REPORTS (Ward 5) a. Report on Campus Park South Storm Sump Improvements. Staff recommends acceptance of report. 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, "~tj /1L Alan Tandy City Manager 10/13/112:00pm 7 City Council Meeting of 10/19/2011 AGENDA HIGHLIGHTS October 19, 2011 COUNCIL MEETING REGULAR MEETING --5:1512.m, CONSENT CALENDAR Resolutlons Item 8f. Resolutions approving annexation applications of uninhabited territories for Wards 4 and 6. Both of these parcels are adjacent to the City limits and within the City's SOI boundary. The parcel adjacent to Ward 4 is 17 acres on the south side of Olive Drive, between Knudsen and Landco Drive (future alignment). The property owners wish to annex for development purposes and City services. The parcel adjacent to Ward 6 is 65.26 acres, consisting of 6 parcels, located west of Stine Road, along the north and south side of Taft Highway. Four of the six property owners wish to annex for future development purposes. Two neighboring properties are also being included in the application, to avoid creating a small County island. One property owner prefers not to be annexed and one has not responded, to date. All the property owners will have the opportunity indicate their preferences, as they will receive notice of the LAFCO public hearing when this annexation is to be considered. Item 81. Resolution setting rates for Tow Truck Services. In March, 2011, the Bakersfield Towing Coalition, which represents the 10 tow truck companies under contract with the City, requested a 35% rate increase to their rates. Staff analyzed their request and concluded that an increase of 10.15% would be more appropriate, based on .labor and fuel cost increases related to tow companies. The Towing Coalition supports the staff analysis and is agreeable to the 10.15% increase. There will be no increase to the charge for towing City vehicles. Item 81. Actions related to the Wastewater. Revenue Bond variable rate debt. The variable rate interest costs on the Wastewater Bonds have escalated due to issues related to the City's current liquidity provider, Dexia Credit Local, the firm that provides guaranteed marketing coverage on the variable rate component of the Wastewater debt. On September 26, 2011, the Budget and Finance Committee approved staff's recommendation to do a partial bond call of $18,730,004, which will reduce the balance of the variable rate debt to a remaining total balance of $25 million, saving $571,500 in per year in interest costs. The Committee also approved the recommendation to select a new liquidity provider to replace Dexia, which is expected to save $244,000 per year in interest costs. There will be a one-time cost of approximately $255,000 to remarket the remaining. variable rate debt, but the annual savings should offset the one-time cost within the first 12 months of implementing the change. These actions are expected to result in an estimated overall savings of $815,500. The Committee directed staff to bring these recommendations to the full Council for determination. Items 8m. and 8cc. 2012 Healthcare Agreements and appropriation of surplus medical premium funds for the Retiree Medical Trust Fund. Item 8m: The City's health insurance agreements are up for renewal for the 2012 plan year. In keeping with the intent to maintain or reduce premium costs and reduce the City's unfunded retiree health care liability, the renewal package includes: a 20% reduction in the Retiree PPO Plan; no increase to the two active HMO plans; reduces the long-term GASB liability at an estimated $20 million through a combination of actions; and allows for an increased contribution to the Retiree Medical Trust Fund. The Insurance Committee and Personnel Committee have approved the proposals; this action is to request Council approval of the agreements. Item 8cc. Related to Item 8m., the annual accounting of funds from Anthem Blue Cross shows an accumulated surplus in medical premium funds of $5.5 million. Blue Cross will retain $2.2 million for a rate stabilization fund reserve, leaving the remaining $3.3 million available to the City. Both the Insurance Committee and Personnel Committee are in support of using the funds to reduce the City's unfunded liability balance in the Retiree Medical Trust Fund. This action requests the appropriation of $3,325,000 of Anthem Blue Cross premium surplus funds to the non-departmental. budget to make the additional deposits to the Retiree Medical Trust Fund. Agreements Item 8t. Contract Amendments for Engineering Design Services on the 24th Street Improvement Projects (TRIP). Work performed by RBF Consulting for preparation of the environmental documents for the 24th Street Widening Project and the 24th and Oak Street Improvement Project has been underway since 2007. The Federal highway legislation passed in 2005 included a pilot streamlining program allowing Caltrans to assume the review of the environmental documents that would have been done by Federal staff. As it was a new process, numerous unknown factors developed, so some of the anticipated savings in time and review have not occurred, and have necessitated additional work by RBF. As a result, staff is requesting approval of amendments to the two agreements with RBF for both projects: Amendment #2 to Agreement 07-224 ($215,248, not to exceed $2,705,907) for the 24th Street Widening Project; and Amendment #2 to Agreement 07-225 ($111,905, not to exceed $2,124,226) for the Oak and 24th Street Improvement Project. Funding was previously budgeted to pay for these amendments. HEARINGS Item 12a. Public Hearing and First Reading of an Ordinance revising the ward boundaries. At the August 17, 2011 City Council meeting, 3 concept maps showing options to balance the ward populations were presented. Following that meeting, Councilmembers Salas and Benham introduced 2 more options. At the September 28, 2011 Council meeting, the Council removed the later 2 options (Concepts 4 and 5) from further consideration, and the majority of the Council indicated support of Concept 1. Staff recommends the first reading of the ordinance to amend the ward boundaries proposed in Concept 1. REPORTS Item 13a. Proposed Sump Improvement Project for the Campus Park South Area. This neighborhood has historically experienced street flooding and related problems during heavy rainfall, and it was particularly bad during the December 2010 rain storms. Staff is proposing to build an additional storm water retention sump to help alleviate those problems. Castle & Cooke has generously agreed to donate a parcel to the City, north of White Lane and just east of Pin Oak Boulevard. The land is under PG&E power lines, so Castle and Cooke has no plans to develop it. However, it is a suitable location for another sump to serve the surrounding area. With a new sump in place, the existing "pond" in the Campus Park South area can remain, with a slight lowering of the water level. Staff is requesting Council approval to obtain feedback from the surrounding neighborhood and return at a later date for final approval of this project. Approved: cc: Department Heads Alan Tandy, City Manager_ City Manager's File City Clerk's File News Media File Agenda Highlights - October 19, 2011 Council Meeting Page 2 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: S. a. TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: October 6, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the September 28, 2011 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: U MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 6, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGERS SUBJECT: Receive and file department payments from September 16, 2011 to October 6, 2011 in the amount of $20,023,710.73 and Self Insurance payments from September 16, 2011 to October 6, 2011 in the amount of $422,703.53, totaling $20,446,414.26. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: October 6, 2011, 12:28PM SAKim G\ADMIN\COUNCIL-ADMIN-AP-2012\ADMIN-AP 101911.doc MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: E3. C. TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: September 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from P (Parking) and R- 1 (One Family Dwelling) to C-2 (Regional Commercial) on a 0.44-acre portion of an existing shopping center site, located south of Brundage Lane, approximately 400 feet west of the intersection of Roosevelt Street and South Oleander Avenue. (ZC #11-0230 - Kern Land Design representing Y. & R. Lamlaor and W. & R. Johnson) (Ward 1). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The proposed zone change will allow for subsequent expansion of an existing shopping center, which is located along the south side of Brundage Lane, east of Hughes Lane. State Highway 58 is adjacent to the south. The rezoning will bring the zoning into compliance with the existing commercial land use designation for these properties. The proposed zone changes are from P (Parking) to C-2 (Regional Commercial) on a 0.18-acre portion of the site (2129 Brundage Ln), and from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on a 0.26-acre portion of the site (2200 Roosevelt). Current uses include parking to support the retail commercial development and a single family residence, respectively. On August 18, 2011, the Planning Commission held an advertised public hearing on this zone change request. Although staff had recommended approval, it was continued so the applicant could resolve some internal issues with the single family property owners. On September 15, 2011, the Planning Commission recommended adoption by the City Council. Commercial and multifamily residential zoning in.the area occurred in 1971. As development consistent with those zones became established, the single family residence located at 2200 Roosevelt became an isolated "R-1 island". The owner wishes to obtain commercial zoning to sell the residence, which will facilitate a logical expansion to the shopping center. The Parking October 4, 2011, 10:51AM KS /S.,IDana1ADMINS120111OC7110-19-ZC11-0230 1.doc ADMINISTRATIVE REPORT zone adjacent to the home is being removed since it was initially put in place to provide a buffer from the commercial development. The proposal will provide contiguous commercial zoning for the shopping center by "squaring off" the site to improve its functionality. Any future development or expansion proposals will require site plan review and approval. The Planning Commission received one letter from the public in support of the zone change with comments regarding the need for wall and landscaping separation between the commercial zone and the adjacent residential establishments, as well as noise and traffic considerations. All noted concerns are addressed with the conditions of approval of the proposed zone change, and meeting ordinance requirements for a block wall and landscaping that will be applied at the time of site plan review. Staff determined that the project is an in-fill development; and thus exempt from CEQA under Section 15332 of the State CEQA Guidelines. A Notice of Exemption was prepared on August 2, 2011 in accordance with CEQA. Staff recommends first reading of the zone change. October 4, 2011, 10:51 AM KS IS.IDanaL4DMINS120111OCT110-19-ZC11-0230 1.doc 'ADMINISTRATIVE REPORT MEETING DATE October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE October 3, 2011 APPROVED DEPARTMENT HEAD V157 CITY ATTORNEY CITY MANAGER _ SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the government code of the State of California- Finance Department. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports that are more than five (5) years old and have been approved for destruction by the City Attorney's office. The records to be destroyed are listed on Exhibit A of the Resolution. S:Wdmin\Records DestructionWdmin Report.doc MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: g. e. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 6, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY D~ CITY MANAGER ~C~J SUBJECT: Resolution determining hearings will be held to consider future Resolutions of Necessity to acquire properties for the Thomas Road Improvement Program projects. (City wide) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The City, County, and Caltrans are working together to construct a number of highway improvement projects in metropolitan Bakersfield collectively known as the Thomas Roads Improvement Program (TRIP). While the majority of the projects will be improving state highways, the City and County have been responsible for acquiring the properties necessary to construct these projects. The City has historically worked with Caltrans on local freeway improvement projects, including the Highway 99/White Lane Interchange; Highway 178/Fairfax Interchange, and currently, on the Westside Parkway, which is being administered under TRIP. It has been the City's responsibility to acquire the property necessary to complete these projects. During the acquisition process for the Westside Parkway Project, it was necessary for the Council to adopt Resolutions of Necessity to allow the project to move forward. A "resolution of necessity" is the formal decision to acquire property by eminent domain and must be adopted before a government agency can commence an eminent domain decision in court. The City then continues to negotiate with the property owners concurrently with the court proceedings. To date, the City has been very successful in negotiating settlements with the property owners prior to trial. As the.other TRIP projects move forward, it may be necessary to hold additional public hearings to adopt Resolutions of Necessity for those projects as well. When Caltrans acquires property and is unable to successfully negotiate the purchase they must ask the California Transportation Commission (CTC) to adopt a Resolution of Necessity. This is a very time consuming process due to the lead time necessary for placing items on their agenda. Further, if the property owner desires to speak at the hearing they must travel to wherever the CTC happens to be holding its meeting. The meetings are held in various locations throughout California, and it is very rare for the CTC to hold its meetings in Bakersfield. In order to facilitate the acquisition process and to provide a convenient venue for the affected property owners, the Council is being asked to adopt a resolution stating that it will hear any future Resolution of Necessity hearings for the TRIP projects. DMA/s October 11, 2011, 1:28PM P:WIyFileMAdmin ReportsWdmin-TRIP RON resolution-Rev-1 0111 1.doc BA } ~~~,tUPG1444 U ADMINISTRATIVE REPORT ~ ~Ls IF O MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director September 23, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY C CITY MANAGER s Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City of Bakersfield identified as: 1. Annexation No. 635 consisting of 17.33 acres, located south of Olive Drive, between Knudsen Drive and Landco Drive (future alignment). (Ward 4) 2. Annexation No. 556 consisting of 65.26 acres, located west of Stine Road, along the north and south side of Taft Highway. (Ward 6) RECOMMENDATION: Staff recommends adoption of these resolutions. BACKGROUND: The resolutions of application propose proceedings for annexation of uninhabited territory to the City of Bakersfield. Annexation No. 635 is located south side of Olive Drive, between Knudsen Drive and Landco Drive (future alignment). The property owner's (Tom & Lisa Carosella and James & Tianna Lundy) have consented to annexation. The proposal is to annex the property for development purposes and to receive city services. Annexation No. 556 is located west of Stine Road, along the north and south side of Taft Highway. This annexation consists of 6 parcels of land on 65.26 acres. Four of the property owners (Bobby and Camelita York, Ashe Road LLC, Cerro Farms, Mike Kerfoot) are requesting annexation for future development purposes. It was necessary to include two neighboring properties since LAFCO would not allow the City to make application creating a small county island within the area. These property owners (Waldram Trust and Pipkin Family Trust) were contacted by City staff but only the Waldram Trust responded they were not interested in annexation; there was no reply by the Pipkin Trust. However, all parties will have an additional opportunity to voice their acceptance/rejection as they will receive notice of the public hearing before LAFCO when annexation of this area is considered. These annexations are adjacent to the City limits and within the City's Sphere of Influence boundary. The exchange of property tax revenues for these annexations will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. JE:dl:dc S:\Dana\ADMINS\2011\OCT\10-19-635&556 Annex.doc MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD JK DATE: September 28, 2011 CITY ATTORNEY kll~~ per. CITY MANAGER SUBJECT: Resolutions to add territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector: 1. Area 1-89 (NW corner of Reina Road and Old Farm Road) - Ward 4 2. Area 2-48 (6465 Ming Avenue) - Ward 4 3. Area 4-103 (4485 Buck Owens Boulevard) - Ward 3 4. Area 4-104 (3001 Buck Owens Boulevard) - Ward 3 5. Area 4-105 (3700 Chester Avenue) - Ward 3 RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On September 28, 2011, the Council adopted Resolutions of Intention No. 1699, 1703, 1702, 1700, and 1701 respectively, adding the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The 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 these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) 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:\GROUPDAT\ADMINRPT\2011\10-19\Res Estabadmin-CMD 1-89, 2-48,4-103,4-104, 4-105.docx BA E Q'CAWM4}lpV U ~ r ADMINISTRATIVE REPORT A gLIF0 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: S. k. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: September 30, 2011 SUBJECT: Sewer connection fee assessments (Ward 1): APPROVED DEPARTMENT HEAD CITY ATTORNEY p r CITY MANAGER /W 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreements to pay sewer connection fee in installments through the Kern County Taxes and a notice of special assessment lien will be placed on the property. a. Julian B. Adame & Gaudalupe R. Adame 3105 Terrace Way b. Alexandria Perea 3109 Terrace Way RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreements. BACKGROUND: The owners of the property shown above desire to connect the above referenced property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee, the City has contracted with the property owners to spread the connection fee over a eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated August 17, 2011, authorizes the Kern County Tax Collector to collect the sewer connection fee over a period not to exceed eight years. do G:\GROUPDAT\ADMINRPT\2011\10-19\Sewer Connect fee 3105 & 3109 Terrace Way MEETING DATE: October 19, 2011 AGENDA SECTION: ITEM: 1 . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 4, 2011 APPROVED DEPARTMENT HEAD_ J!(j CITY ATTORNEY CITY MANAGER Resolution Setting Rates and Equipment Specifications for Tow Truck Services Provided Pursuant to Contract with the City. RECOMMENDATION: Staff recommends approval of the Resolution. BACKGROUND: The City currently contracts with ten (10) local tow truck companies to participate in a rotational call list to provide towing services as needed by the Police Department and the City Fleet operations. The City controls the rates these tow companies can charge vehicle owners when the City initiates the request for service. At the March 10, 2010 meeting the City Council adopted Resolution # 031-10 which set maximum rates allowed to be charged for those tow companies under contract with the City. The rates in Resolution # 031-10 represented a zero (0%) increase from the rates that were previously established in July 2007. On March 14, 2011 the City received a letter from the "Bakersfield Towing Coalition", (who represent the ten tow companies under contract with the City) requesting a 35% rate increase. City staff has met on several occasions with representatives of the Towing Coalition to discuss their request and share information regarding labor, fuel and other costs increases the tow companies have incurred since rates were last increased in 2007. Based on analysis of several factors and national cost price index data, staff is recommending a rate increase of approximately 10.15%. We believe this is a fair representation of labor and fuel cost increases as they relate to towing operations. We have shared our findings with the Towing Coalition representatives and they support our analysis and are in favor of adoption of this Resolution. There will be no increase to the rates charged to the City for towing of City vehicles. The rate increases apply only to services provided to non-City vehicles where service is initiated through the Police Department rotational call list. nks S:Wdmin\Towing\Admin - reso for tow rate increase 2011.doc Sept. 15, 2011 4826-0198-1440.2 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 4, 2011 Resolution of the Council of the City of Bakersfield Adopting Council Policy on Audit Reporting Practices and Selection of Audit Firms. APPROVED DEPARTMENT HEAD CITY ATTORNEY_,/ti~~ CITY MANAGER RECOMMENDATION: Budget and Finance Committee recommends approval of the Council Policy Resolution. BACKGROUND: On February 23, 2005 the City Council adopted a policy (Resolution # 040-05) on audit reporting practices and rotation of audit firms. The policy supported the "best practices" recommendations of the Governmental Finance Officers Association (GFOA). One of the policy components required the mandatory rotation of audit firms every five years. Since the adoption of this policy the City has gone through two auditor selection cycles, with only two audit firms submitting proposals during each selection process. One of these firms decided to get out of the public-sector business and no longer provides this type of service. Staff reviewed the current policy with the Budget and Finance Committee at their September 26, 2011 meeting and suggested the Committee might consider amending the policy to allow the current audit firm to participate in the competitive selection process rather than exclude them from the process completely. Staff was concerned that the limited number of qualified public-sector audit firms might limit the Committees choices in the upcoming audit selection process. Staff reviewed the GFOA's best practices recommendations with the Committee and the GFOA supports the inclusion of the current audit firm in future competitive processes where the number of qualified public-sector audit firms is somewhat limited. The Budget and Finance committee voted to recommend a change to the current Council Policy document to support the GFOA best practices and allow the current audit firm to participate in the competitive selection process for audit services. All other aspects of the current policy regarding audit reporting practices remain unchanged. nks S:WdminWdmin reportsWdmin - reso for revised audit policy 2011.doc Sept. 15, 2011 4826-0198-1440.2 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. 14. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD /P(-~ DATE: October 10, 2011 CITY ATTORNEY VG CITY MANAGER SUBJECT: Resolution of support for the Westside Parkway Phase 6 application to the U.S. Department of the Transportation Grants for National Infrastructure Investments, or "TIGER Discretionary Grant", Program (Ward 4). RECOMMENDATION: Staff recommends authorizing City Manager to submit letter of support for the Westside Parkway Phase 6 Project to the Department of Transportation for National Infrastructure Investment or "TIGER Discretionary Grant." BACKGROUND: The attached Resolution authorizes the City Manager to submit a letter of support for the Westside Parkway Phase 6 Project for the National Infrastructure Investments or "TIGER Discretionary Grant". The Westside Parkway Phase 6 project is the westerly 2 mile segment of the freeway, from Allen Road to the Heath Road/ Stockdale Highway intersection, and is ready for construction. The Westside Parkway Phase 6 (Stockdale/Heath Tie-in) is currently programmed in the State Transportation Improvement Program (STIP) for $26 million, and these funds should be available in July, 2012. This Phase 6 application also includes the Allen Road interchange as being the City's contribution towards this overall project. (The Allen Road interchange utility relocation contract is well underway, and the construction of the interchange bridge and ramps is currently bidding and planned for award of a construction contract at the November 16th City Council meeting). This grant application is requesting an additional $10 million in federal TIGER grant funds which would be added to these state and local funds. These TIGER funds would be used initially to make up any project funding shortfalls. It is being proposed to the California Transportation Commission (CTC), who manage the STIP, that any remaining STIP funding not needed for the project be used to initiate landscape installation along the Westside Parkway Corridor. C: \Users\ Iskinner\ AppData \Local\ Microsoft\ Windows\ Temporary Internet Files\Content.Outlook\MZTUOLSR\WSP.docx MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: S. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: October 10, 2011 CITY ATTORNEY CITY MANAGER s SUBJECT: Wastewater Revenue Bond 2007 Series B Variable Rate Bonds: 1. Resolution authorizing the use of excess revenues in the Wastewater Treatment Fund of the City of Bakersfield, California in an amount not to exceed $19,000,000 to redeem a portion of the City of Bakersfield, California Wastewater Revenue Bonds, Series 2007 B; and 2. Appropriate $18,730,000 Wastewater Enterprise Fund Balance to the debt service budget within the Wastewater Enterprise Fund for the early redemption of variable rate Wastewater Revenue Bonds Series B; and 3. Appropriate $270,000 Wastewater Enterprise Fund Balance to the debt service budget within the Wastewater Enterprise Fund to facilitate the replacement of current liquidity provider (Dexia) and associated remarketing of the remaining $25,000,000 balance of variable rate Wastewater Revenue Bonds Series B; and 4. Agreement with Kutak Rock LLP not to exceed $85,000 for bond counsel services associated with the replacement of liquidity provider and associated remarketing of the Wastewater Revenue Bonds Series 2007 B; and 5. Agreement with Goodwin Procter LLP not to exceed $77,500 for disclosure counsel services associated with the replacement of liquidity provider and associated remarketing of the Wastewater Revenue Bonds Series 2007 B; and 6. Authorize the Finance Director to take other actions necessary to facilitate the prompt replacement of current liquidity provider (Dexia) and associated remarketing of the Wastewater Revenue Bonds Series 2007 B; not to exceed costs of $107,500. RECOMMENDATION: Budget and Finance Committee recommends approval. BACKGROUND: Staff provided a report to the Budget and Finance Committee at their September 26, 2011 meeting regarding the current status of the Wastewater Revenue Bond (Series B) variable rate debt. A copy of the detailed report is attached for your information, but in summary our variable rate interest costs have escalated over the past few months due to our association with a French/Belgian bank called Dexia Credit Local, which we contracted with back in 2007 to provide guaranteed marketing coverage on the variable rate component of the City's wastewater debt. nks S:WdminWdmin reportsWdmin -wastewater variable rate bond actions october 2011.doc Sept. 15, 2011 4826-0198-1440.2 ADMINISTRATIVE REPORT In an effort to improve the City's position staff recommended two actions to the Budget and Finance Committee. First, given the current fund balance of the Wastewater fund, staff recommended a partial bond call of $18,730,000 variable rate debt; reducing the balance of variable rate debt outstanding from the current balance of $43,730,000 to a remaining balance of $25 million. We estimate the partial bond call action will save the wastewater fund approximately $571,500 per year in reduced interest costs. Second, staff recommended selection of a new liquidity provider to replace Dexia with another bank, which should allow us to remarket our remaining variable rate debt at "normal" market rates. We estimate the action of changing liquidity providers will save the wastewater fund approximately $244,000 per year in lower interest costs. Staff estimates the one-time costs of this remarketing effort to be approximately $250,000; with the two largest contract costs for legal services listed as approval items on this report. A summary of costs anticipated to complete this process include the following: Legal Services - Bond Counsel - estimated at $85,000; Legal Services - Disclosure Counsel - estimated at $77,500; Updated bond rating with Moody's rating agency - estimated at $25,000; - Professional consulting costs for Underwriter services - estimated at $25,000; Annual cost of signing new bank as liquidity provider - estimated at $25,000 ; Printing and distribution of disclosure reports - estimated at $2,500 ; Other miscellaneous costs - estimated at $2,500. While the one-time costs of taking this proposed action are significant, the estimated annual savings of changing liquidity providers (est. at $244,000 per year) should offset the one-time costs within the first 12 months after the change is implemented. Also, the overall savings of both actions combined (est. at $815,500) will have a positive impact on the wastewater fund budget in the future. The Budget and Finance committee voted to recommend approval of the partial bond call and the replacement of the current liquidity provider. nks SAAdminWdmin reportsWdmin - wastewater variable rate bond actions october 2011.doc Sept. 15, 2011 4826-0198-1440.2 AK +w~4r~ S ADMINISTRATIVE REPORT LIFO MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: is M. TO: Honorable Mayor and City Council FROM: Christi Tenter, Human Resources Manager DATE: October 6, 2011 SUBJECT: 2012 HEALTH CARE CONTRACTS APPROVED DEPARTMENT HEAD 16r_ CITY MANAGER s CITY ATTORNEY 1. Amendment 1 to Agreement No. 10-133 with Anthem Blue Cross for PPO Health Insurance for Eligible Employees. 2. Amendment 1 to Agreement No. 10-134 with Anthem Blue Cross for PPO Health Insurance for Eligible Retired Employees. 3. Amendment 1 to Agreement No. 10-135 with Anthem Blue Cross for HMO Medical Insurance for Eligible Employees. 4. Amendment 3 to Agreement No. 08-164 with Anthem Blue Cross Senior Secure for Medical Insurance for Medicare Eligible Retired Employees. 5. Amendment 7 to Agreement No. 05-417 with Kaiser Permanente - Managed Care Health Plans for Medical Insurance for Eligible Employees. 6. Amendment 1 to Agreement 10-136 with Kaiser Permanente - Managed Care Health Plans for Medical Insurance for Eligible Retired Employees. 7. Amendment 1 to Agreement No. 10-137 with Kaiser Permanente - Managed Care Health Plans for Medical Insurance for Medicare Eligible Retired Employees. 8. Agreement with Kaiser Permanente - Managed Care Health Plans for a high deductible health plan for Eligible Employees. 9. Agreement with Kaiser Permanente - Managed Care Health Plans for a high deductible health plan for Eligible Retired Employees. 10. Amendment 1 to Agreement No. 10-138 with Medical Eye Services (MES) for Vision Insurance for Eligible Employees. 11. Amendment 1 to Agreement No. 10-139 with Medical Eye Services (MES) for Vision Insurance for Eligible Retired Employees. 12. Amendment 1 to Agreement No. 10-140 with Pacific Union Dental for pre-paid Dental Insurance for Eligible Employees. 13. Amendment 1 to Agreement No. 10-141 with Pacific Union Dental for pre-paid Dental Insurance for Eligible Retired Employees. A o`,~•. E'~s ° ADMINISTRATIVE REPORT '~wRr ni LIFO 14. Amendment 2 to Agreement No. 09-133 with Metropolitan Life Insurance Co. for Dental Insurance for Eligible Employees. 15. Agreement with Optum Health of California for Emotional Health Care Insurance for the Employees Assistance Program (EAP). 16. Agreement with Optum Health of California for Emotional Health Care Insurance for Eligible Employees.. 17. Agreement with Optum Health of California for Emotional Health Care Insurance for Eligible Retired Employees. 18. Amendment No. 5 to Agreement No. 06-337 with Fort Dearborn Life Insurance Company for Eligible Employee life insurance. 19. Amendment No. 4 to Agreement No. 08-019 with HealthComp, Inc. for any employee un-reimbursed Medical expenses and Dependent Care expenses under the IRS Section 125. RECOMMENDATION: The Personnel Committee recommends Council approval of the contracts. BACKGROUND: With the assistance and participation of our health care consultants (The Segal Company) and the Insurance Committee, staff has recently concluded the process of evaluating the health insurance renewal rates for the 2012 plan year. As has been the case in past years, staff has worked under the directive to make every effort to maintain or reduce premium costs with no or minimal plan changes. In addition to this goal, the City Council has also made it clear that efforts should be made to reduce the City's unfunded retiree health care liability, commonly referred to as the GASB Liability. To achieve the goals identified above, Segal and staff proposed a positive health care renewal package that in total provides for the following: • A significant reduction in the Retiree PPO plan (just under 20%); • No increase to the two active HMO plans; • A minor increase to the Active PPO plan (under 5%); • A significant reduction in the long-term GASB Liability estimated at just over $20 million; and • The ability to make an increased contribution into the Retiree Medical Trust Fund. The renewal package was evaluated through a process which included several meetings with the Insurance Committee and the Council's Personnel Committee. Both committees are recommending approval of the contracts and support of the renewal package as ADMINISTRATIVE REPORT presented. The contracts reflect the collective efforts of all parties involved which aided in accomplishing the goals identified for the 2012 renewals. There were three (3) key components included in the renewal proposal: • High Deductible Kaiser Plan: Segal was able to provide an alternative low-cost Kaiser Plan option. This plan offers premium savings for the healthy and dual insured, a benefit to actives and retirees. The plan provides comprehensive wellness coverage with lower monthly premiums. Prescriction Drug Mail Order: In prior plan years the mail order benefit for prescription drugs provided one (1) co-pay for a ninety (90) day supply for all Anthem Blue Cross plans. Segal identified that a change to two (2) co-pays for a ninety (90) day supply would help reduce premium increases for all Anthem Blue Cross Plans. Originally the increase to two co-pays for a ninety day supply was to take place next plan year. However, due to constraints included in the federal Affordable Care Act passed last year, this increase will be phased in over the next several plan years. Claim Stabilization Reserve: Due to favorable claims experiences over the past year the Anthem Blue Cross Rate Stabilization Fund balance has increased. This has resulted in two positive outcomes; first, the rates for the Blue Cross Retiree PPO will see a significant decrease for next plan year; and second, there is $3.3 million in funds available to be returned to the City. Staff has recommended depositing these funds into the Retiree Medical Irrevocable Trust Fund to further increase the assets which are balanced against the City's accrued unfunded liability for its Retiree Medical subsidy. It is important to emphasize that through this renewal package, presented by staff and Segal and recommended by the Insurance and Personnel Committees, the Retiree Medical Liability will see a significant reduction. The 19.1 % rate decrease for the retiree PPO provides for a $12.3 million reduction to the liability. The addition of the low-cost Kaiser plan yielded an additional reduction of $8.1 million. Combining these reduction amounts with the claim stabilization reserve funds available provides for a positive impact on the Retiree Medical Liability estimated at nearly $24 million. Recognition must be made to our employees for being good consumers of medical services, the Insurance Committee for the effective collaboration with City Management in this process and to the Personnel Committee for recognizing the impact of this positive renewal package. A summary of the overall rate changes for next year are provided below. 2012 Health Care Renewals Anthem Blue Cross Percentage Increase/ Decrease Anthem Blue Cross HMO - Active 0% Anthem Blue Cross PPO- Active 4.8% Anthem Blue Cross PPO- Retiree -19.1% Anthem Blue Cross Senior Secure (Medicare Risk Plan) 9.2% Kaiser Permanente ADMINISTRATIVE REPORT Kaiser HMO - Active 0% Kaiser HMO - Under 65 17.6% Kaiser HMO - Senior Advantage (Medicare Risk Plan) 9.1% Pacific Union Dental Active - Imperial Plan 0% Active - Napa Plan 0% Retiree - Trinity & Regency Plans 0% MetLife Dental Active 10% Medical Eye Services (all plans) 0% Optum Health Mental Health - Active & Retiree 0% Employee Assistance Program (EAP) 0% Fort Dearborn Life (City Paid Life Insurancel 0% HealthComo Inc. - IRS Section 125 0% OF W A U ADMINISTRATIVE REPORT 1 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8• n. TO: Honorable Mayor and City Council FROM: Jena Covey, Acting Risk Manager DATE: October 5, 2011 SUBJECT: City Physician Services Agreements: APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER S 1) Agreement with Central Valley Occupational Medical Group, Inc., not to exceed $100,000, annually. 2) Agreement with Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine, not to exceed $100,000, annually. RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: On July 12, 2011, a request for proposal for City Physician Services was published. The City Physician services include the following: pre-employment physicals; HAZMAT physicals; fitness for duty exams; and drug and alcohol testing. Currently we have two facilities that hold the designation of City Physician, Central Valley Occupational Medical Group and Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine (herein Memorial Occupational Medicine). The current contract for both facilities is set to expire on October 31, 2011. In response to the Request for Proposals, the City received four proposals from the following medical facilities: Central Valley Occupational Medical Group; Memorial Occupational Medicine; Irene Sanchez, M.D.; and U.S. Healthworks, Inc. All four proposers were selected to participate in the oral interview process on September 28, 2011. The oral board consisted of the following staff: Jena Covey, Acting Risk Manager; Tim Lynch, Deputy Fire Chief; Captain Robert Bivens, from the Bakersfield Police Department; Steven Teglia, Assistant to the City Manager; and Christi Tenter, Human Resource Manager. The medical providers were evaluated on the following criteria: access to services, customer service, adequacy of staff and facilities, and cost of services. As a result of the interviews, staff recommends we maintain our current contract with Central Valley Occupational Medical Group and Memorial Occupational Medicine as they best met the City's needs and requirements. The fees for services in the Request for Proposal are similar for both Central Valley Occupational Medical Group and Memorial Occupational Medicine. The terms of these agreements are the same as the previous contract. The contract is for a three (3) year period commencing November 1, 2011, with an annual not to exceed amount of One hundred thousand ($100,000) for each facility. October 5, 2011 S:Uena\RFP\City Physician Admin Report-201 1.doc ADMINISTRATIVE REPORT Staff recommends Council approve agreements with Central Valley Occupational Medical Group and Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine with annual fees not to exceed One Hundred Thousand Dollars ($100,000) per provider. JLC October 5, 2011 S:Uena\RFP\City Physician Admin Report-201 1.doc BA o`~~~owo., ~s ADMINISTRATIVE REPORT ~ ~La LIFO MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: S, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 6, 2011 APPROVED DEPARTMENT HEAD Atl< CITY ATTORNEY p CITY MANAGER /W SUBJECT: Ground Lease agreement with Kern Charter Service, Inc. for new Southwest Hangar Project ($10,500 annual lease revenue to City with 3% annual escalation clause, Ward 1). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: In 2007, the City had leased nearly all of the available 28 owner-hangar spaces and needed to add more hangars to meet demand. On August 1, 2007, the City advertised a Request for Statements of Qualification and Development Proposal for the Bakersfield Municipal Airport to add new hangars. On October 1, 2007, the City received two Statements of Qualifications, one of which did not meet the minimum requirements. The submittal by Kern Charter Service, Inc. did meet the minimum requirements; therefore, Kern Charter was deemed qualified to develop the hangar project. To facilitate this hangar development project, construction of specific infrastructure was necessary including taxilanes, taxiways, sewer, and water improvements. These infrastructure improvements had to be completed before Kern Charter could commence the hangar development project. Due to the City's ability to obtain grant funds for these infrastructure improvements, staff proceeded to secure funding and construct these infrastructure improvements. City staff and Kern Charter agreed to delay approval of the agreement which would have authorized construction of the new hangars until after the infrastructure improvements were completed. In December, 2010, the City completed the infrastructure improvements which included taxilanes, taxiways, and utilities that would serve the hangars. The taxilane construction was funded with a grant from the Federal Aviation Agency and the utilities were funded with Redevelopment funds. No General Fund money was allocated to this project. This agreement is for the long term ground lease of 30 years (20 years plus two five-year options) between the City and Kern Charter. Kern Charter will construct the first phase of hangars known as the Southwest Hangar Development, Phase 1. These 14 hangars will be constructed on a portion of the Airport south of Planz road along the west side of the Airport property. At ultimate build-out, a total of 71 hangars are to be constructed and one large hangar which will be used by Kern Charter for additional aviation related business. These hangars will be owned and maintained by Kern Charter until the term of the lease is completed, at which time the hangars will become Airport property. This lease will generate revenue for the Aviation Fund. Revenue for Phase 1 will be $875 per month or $10,500 for the first year. An escalation clause increases the rent by 3% per year. Rent for the first year has been waived as an inducement to construct the hangars. sp g:\groupdat\adminrpt\2011 \ 10-19\airport ground lease agreement sw hangars reva.doc ~yFO Deer ADMINISTRATIVE REPORT LIFO MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 13. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 5, 2011 A PROVED DEPARTMENT HEAD CITY ATTORNEY p~ CITY MANAGER ~-J SUBJECT: Amendment No. 1 to Cooperative Agreement 09-017 with the State of California Department of Transportation (Caltrans) to widen Rosedale Highway between State Route 99 and Allen Road. (Wards 2 and 4) (TRIP) RECOMMENDATION: Staff recommends approval of the Amendment. BACKGROUND: The Rosedale Highway Widening Project is part of the Thomas Roads Improvement Program (TRIP), and Caltrans and the City are working together to deliver this project. On January 28, 2009 the City and Caltrans executed Cooperative Agreement 09-017 which described the project and outlined the roles and responsibilities for both the City and Caltrans regarding development of the project. The federal highway bill (SAFETEA-Lu) passed in August of 2005 that contained the federal earmarks primarily funding the TRIP projects included a general description of the projects. SAFETEA-Lu listed the project limits for the Rosedale Highway Widening Project as being from State Route 99 west to State Route 43, and these limits were subsequently listed in Cooperative Agreement 09-017. However, traffic studies subsequently completed have shown there is not an immediate need to widen west of Allen Road with the current project. In addition, with the funding constraints of this project, widening west of Allen Road now would be financially challenging. Therefore, this Amendment adjusts the westerly project limits from State Route 43 to instead Allen Road. Also, the Cooperative Agreement defined Caltrans as the California Environmental Quality Act (CEQA) Lead Agency and the City was defined as the CEQA responsible party. However, based on the upcoming relinquishment of SR-58 between Mohawk Street and Allen Road and the fact that the City will be lead agency during the design and construction of the project, Caltrans has agreed that the Cooperative Agreement should be amended to identify the City as the CEQA Lead Agency instead of Caltrans. Caltrans will still be the lead agency for the federal side of the environmental process in accordance with the National Environmental Policy Act (NEPA). Staff recommends approval of the Amendment. October 11, 2011, 5:02PM Project No. TRRH10 TDW: C:\Users\lskinner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\MZTUOLSR\Rosedale Highway Amended Cooperative Admin.doc GENDA SECTION: Consent Calendar MEETING DATE: October 19, 2011 [ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson Smith, Finance Director October 4, 2011 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER S Amendment No. 1 to Annual Contract for Elevator Maintenance: 1. Amendment No. 1 to Agreement No. PW11-123 with ThyssenKrupp Elevator Corporation adding $20,000 (for a total not to exceed amount of $60,000) to fund elevator repairs. (Ward 2) 2. Appropriate and transfer $20,000 Capital Outlay Fund balance to the Finance Department Operating Budget within the Off Street Parking Fund for elevator repairs. RECOMMENDATION: Staff recommends approval of amendment, appropriation, and transfer. BACKGROUND: On August 19, 2011 the City entered into Agreement No. PW i 1-123 for the Annual Contract to provide Elevator Maintenance at several City locations. This contract is typically used for maintenance of a routine nature and does not include funds for major repair. The elevator at the 18th and Eye Parking Garage was disabled and will cost approximately $20,000 to be put back into service. To alleviate the negative impact to customers parking in the structure, staff authorized the Contractor to commence work to repair the inoperable elevator under the existing agreement. Staff recommends approval of Amendment # 1 to add $20,000 to the Agreement to cover the costs associated with this unanticipated repair while retaining sufficient room on the contract for normal elevator maintenance needs for the remainder of the contract term. Staff also recommends the appropriation and transfer of $20,000 from Capital Outlay Fund balance to the Off Street Parking Fund to properly account for the repairs at the parking garage. There is no General Fund impact associated with this request. Purchasing Division/kb S:\Purch\ADMIN\Amendments 11-12\Amend#l to Agmt PW 11-123, Thyssenkrupp Oct 19, 201 l.docx October 5, 2011 A OF yw U ADMINISTRATIVE REPORT ~1 d C' '~tr+ir nI 10 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8, TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: October 3, 2011 APPROVED DEPARTMENT HEAD 4~~e CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No.1 to Agreement No. WR 10-014 with Gene Bogart ($40,000, for a total not to exceed $80,000), and extending the contract term two years to provide technical assistance to the Water Resources Department. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the agreement. BACKGROUND: On September 1, 2010, the City entered into Agreement No. WR 10-014 in the amount of $40,000 with Gene Bogart to assist the Water Resources Manager with negotiations pertaining to Water Resources Department regulatory matters, contracts and agreements. The agreement also required the contractor to provide technical assistance and training for management personnel and staff in the Water Resources Department as needed. Amendment No. 1 will add $40,000 for a not to exceed amount of $80,000 and extend the contract term two years. The extension of the agreement for two years through September 1, 2012 will allow the consultant to continue to provide on-going technical assistance to the Water Resources Department with complex water related matters as needed. Sufficient funds are available in the Department's FY 2011-12 Operating Budget for this amendment. No General Fund dollars will be used for this service. October 19, 2011 SA2011ADMIN REPORTS\GENEBOGART\MR BA OF y~ e ADMINISTRATIVE REPORT .,,L L/ MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 4, TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: October 10, 2011 APPROVED DEPARTMENT HEAD (-,;?(2 CITY ATTORNEY y CITY MANAGER SUBJECT: Environmental Impact Report Processing for the Kern River Flow Project: 1) Amendment No.1 to Agreement No. 10-154 with Horizon Water and Environment, LLC ($60,000, for a total not to exceed $660,000), to broaden the scope of services in the processing of the Environmental Impact Report. 2) Appropriation of $30,000 from the Domestic Water Fund Balance and $30,000 from the Agricultural Water Fund Balance to the Water Resources Capital Improvement Budget to fund the amendment to the EIR. (City Wide) RECOMMENDATION: Staff recommends approval of the amendment and the appropriation. BACKGROUND: On November 3, 2010, the City entered into Agreement No. 10-154 in the amount of $600,000 with Horizon Water and Environment, LLC to assist the City in the preparation of the EIR for the Kern River Flow Program. The original scope of services for the Kern River Flow Project EIR focused entirely on the increased river flow aspect of the program as it was conceived during the spring/summer of 2010. Amendment No. 1 will add $60,000 for a not to exceed amount of $660,000 to pay the additional costs for the City to broaden the scope of work to include services to evaluate municipal use conditions and alternatives that will satisfy CEQA requirements. The municipal water uses component was not considered in the original scope of work. An appropriation of $30,000 from the Domestic Water Fund Balance and $30,000 from the Agricultural Water Fund Balance to the Water Resources Capital Improvement Budget is necessary to fund the amendment to the EIR. No General Fund dollars will be used for this service. October 19, 2011 SA2011ADMIN REPORMHORIZONAMENDMENTWR A ° ADMINISTRATIVE REPORT MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 6, 2011 SUBJECT: 24th Street Improvement Projects (TRIP) (Ward 2): APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Amendment No. 2 to Agreement 07-224 with RBF Consulting, ($215,248.00; revised not to exceed $2,705,907.00) for Engineering Design Services for the 24th Street Widening Project. 2. Amendment No. 2 to Agreement 07-225 with RBF Consulting, ($111,905.00; revised not to exceed $2,124,226.00) for Engineering Design Services for the Oak and 24th Street Improvement Project. RECOMMENDATION: Staff recommends approval of the Amendments. BACKGROUND: The 241h Street Widening Project and the Oak and 24th Street Improvement Project are both part of the Thomas Roads Improvement Program (TRIP) and together are referred to as the 24th Street Improvement Projects. On July 18, 2007 two contracts were executed with RBF Consulting to prepare the Environmental Documents for the above- mentioned projects. On July 21, 2010 Amendment No. 1 to these two contracts was executed to address changes to conditions and data that occurred as the projects developed and which resulted in some major design modifications. Amendment No. 2 is needed for additional consultant work due to a determination made by Caltrans earlier this year that both the residential areas north and south of 24th Street should be treated as potential historic districts. This determination greatly increased the work performed by the consultant team, including additional analysis and subsequent reviews with Caltrans related to the environmental document. In addition, the federal highway bill (SAFETEA-Lu) passed in August of 2005 that contained the federal earmarks primarily funding TRIP also included an environmental streamlining pilot program. This pilot program, which was intended to streamline the review process, allowed Caltrans to take over the federal portion of the review of the environmental documents; this review was formerly performed by Federal Highway Division staff. The goal of the pilot program was to expedite the review process. However, as it was a new program with many unknowns, some of the savings in time and reviews that were anticipated in 2007 when the original project schedules and work scopes were developed with the TRIP consultants have not been realized. These additional reviews have resulted in a corresponding increase in TRIP consultant time and cost to address them. Staff recommends approval of these Amendments. Adequate funds have been previously budgeted to pay for these Amendments. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review. Tdw: C,\Users\Iskinner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\MZrUOLSR\RBF Amend 2 - 24th Street Improvements Admin3.docx MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 5, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Pierce Manufacturing, Incorporated in the amount of $799,950.19 for one (1) Mobile Command Unit for the Fire Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were originally solicited for this unit in May 2011; proposals submitted did not meet minimum specifications and/or exceeded the available funding amount. Those bids were rejected by Council on June 8, 2011. Specifications were revised and invitations to bid were sent to over three hundred (300) suppliers for specialty fire equipment. Eight (8) bids were received in response to the second request for bids. The low bid submitted from AIIStar Fire Equipment, Inc. is considered non-responsive as they failed to provide specific responses to bid specifications and exceptions. Bid alternate proposals received from Pierce Manufacturing, Inc. and Ferrara Fire Apparatus, Inc. either did not include the required Motorola radio equipment specified or the proposal was based on an alternate brand of radio equipment which does not meet the specifications of the bid. The proposal in the amount of $799,950.19 received from Pierce Manufacturing, Inc. meets the requirements of the bid and is the lowest responsive bid. The Mobile Command unit will be funded by a grant in the amount of $811,936 from the Homeland Security Grant program as approved by the California Emergency Management Agency (Cal EMA). The command unit is a shared, multi jurisdictional resource, and will be utilized and maintained jointly by various county-wide emergency response agencies including: Bakersfield Fire Department, Bakersfield Police Department, Kern County Fire Department, Kern County Sheriff's Office, and County Emergency Medical Services. The eight (8) bids received BIDDER AIIStar Fire Equipment, Inc. Arcadia, CA Pierce Manufacturing, Inc. Appleton, WI in response to solicitation are as follows. AMOUNT $741,617.66 Unacceptable Bid Failed to provide specific bid exceptions $772,187.56 Alternate Submittal #2- Unacceptable Non-Motorola radio substitution Purchasing Division/kb SAPURCHWDMINWdmin 11-12\Fire Department Mobile Command Unit (re-bid), 11-12-18, October 19, 2011.docx October 6, 2011 ADMINISTRATIVE REPORT Pierce Manufacturing, Inc. Appleton, WI Ferrara Fire Apparatus, Inc. Holden, LA Pierce Manufacturing, Inc. Appleton, WI Emergency Vehicle Group Anaheim, CA KME Ontario, CA Ferraro Fire Apparatus, Inc. Holden, LA $779,692.00 Alternate Submittal #1 -Unacceptable Non-Motorola radio substitution $798,460.16 Alternate Submittal - Unacceptable Motorola radio equipment excluded $799,950.19 Acceptable Bid Meets minimum specifications $854,080.35 Not fully evaluated Amount over budget $863,709.26 Not fully evaluated Amount over budget $983,880.40 Not fully evaluated Amount over budget Staff finds the bid submitted by Pierce Manufacturing, Incorporated in the amount of $799,950.19 to be acceptable and recommends acceptance of the bid. Purchasing Division/kb S:\PURCHWDMINWdmin 11-12\Fire Department Mobile Command Unit (re-bid), 11-12-18, October 19, 2011.docx October 6, 2011 A ADMINISTRATIVE REPORT ( L) MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. v. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 29, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from McPeek's Dodge of Anaheim, in the amount of $186,348.58 for ten (10) replacement midsize sedans for use by the Public Works/Wastewater and the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of sedans. Seven (7) bids were received in response to solicitation. H. W. Hunter has requested to rescind their bid offer citing a pricing error. Staff has reviewed this request and recommends allowing H. W. Hunter to rescind their bid. A bid submitted by Fairway Ford did not meet the minimum wheelbase size and did not include power seats. A bid submitted by 3 Way Automotive Group did not meet the minimum fuel consumption requirement. The bid submitted by McPeek's Dodge of Anaheim meets all specifications of the bid. Nine (9) of the units being replaced are unmarked administration sedans used by Police detectives; the other vehicle is a replacement administration sedan for the Wastewater division. All units to be replaced have high mileage and have reached their useful life. The seven (7) bids received are as follows. 177 Fairway Ford Placentia, CA H. W. Hunter, Inc. Lancaster, CA MEETS SPECS AMOUNT PROPOSED VEHICLE TYPE YES/NO $170,389.78 $179,280.80 Ford Focus Dodge Avenger NO Rescinded YES YES McPeek's Dodge of Anaheim $186,348.58 Anaheim, CA Dodge Avenger Crown Dodge Chrysler Jeep $190,851.38 Dodge Avenger Ventura, CA Purchasing Division/kb & PURCHIADMINWdmin 11-121Midsize Sedans, 11-12-28, October 19,201 1.docx October 10, 2011 ADMINISTRATIVE REPORT Jim Burke Ford $192,506.87 Ford Fusion "SE" YES Bakersfield, CA Theodore Robins Ford $216,865.92 Ford Fusion "SE" YES Costa Mesa, CA 3 Way Automotive Group $222,184.66 Chevrolet Impala NO Bakersfield, CA Funds are available in the Equipment Management Fund for the purchase of ten (10) replacement midsize sedans (9-Police, 1-Wastewater). Staff finds the bid submitted by McPeek's Dodge of Anaheim to be acceptable. Purchasing Division/kb SVURCHWDMINWdmin 11-1 Midsize Sedans, 11-12-28, October 19, 2011.docx October 10, 2011 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: October 5, 2011 CITY ATTORNEY D CITY MANAGER SUBJECT: Accept bid from 3 Way Automotive Group, Bakersfield, in the amount of $95,371.46 for four (4) replacement four door Police administration sedans for use by the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of sedans. Eight (8) bids were received in response to solicitation. The low bid submitted by 3 Way Automotive Group based on a Chevrolet Impala is considered acceptable by staff. Bids submitted by Hoblit Chrysler Jeep Dodge, Hoblit Motors and Crown Dodge Chrysler Jeep could not meet the specifications of supplying repair/diagnosis manuals, and column shift as required. The units to be replaced have high mileage and have reached their useful life. The eight (8) bids received are as follows. MEETS SPECS BIDDER AMOUNT PROPOSED VEHICLE TYPE YES/NO 3 Way Automotive Group $ 95,371.46 Chevrolet Impala YES Bakersfield, CA McPeek's Dodge of Anaheim $101,266.13 Anaheim, Ca Dodge Charger YES Jim Burke Ford $102,317.78 Bakersfield, CA Hoblit Chrysler Jeep Dodge $103,170.89 Woodland, CA H.W. Hunter, Inc. $103,325.33 Lancaster, CA Hoblit Motors $104,282.00 Woodland, CA Ford Interceptor YES Dodge Charger NO Dodge Charger YES Ford Interceptor NO Purchasing Division/kb SAPURCHWDMIN\Admin 11-12\Four Door Police Admin Sedans, 11-12-30, October 19, 2011.docx October 6, 2011 ADMINISTRATIVE REPORT Crown Dodge Chrysler Jeep $105,628.38 Dodge Charger NO Ventura, CA Theodore Robins Ford $112,001.86 Ford Interceptor YES Costa Mesa, Ca Funds are available in the Equipment Management Fund for the purchase of four (4) replacement four door police administration sedans. Staff finds the bid submitted by 3 Way Automotive Group, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 11-12\Four Door Police Admin Sedans, 11-12-30, October 19, 2011.docx October 6, 2011 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: S. x, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 29, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from 3 Way Automotive Group, Bakersfield, in the amount of $75,538.57 for two (2) replacement two wheel drive utility vehicles for use by the Fire Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of utility vehicles. Two (2) bids were received in response to solicitation. A bid submitted by Theodore Robins Ford based on a Ford Explorer did not meet the minimum wheelbase length, engine size and gross vehicle weight specifications of the bid. These units will be issued to Battalion Chiefs and must have the available space and capability of supporting the weight of the permanently mounted incident command units that will be installed in the rear section of the vehicles. The bid submitted by 3 Way Automotive Group based on a Chevrolet Suburban meets all specifications of the bid. The units to be replaced have high mileage and have reached their useful life. The two (2) bids received are as follows. BIDDER MOUNT Theodore Robins Ford $67,120.84 Costa Mesa, CA 3 Way Automotive Group $75,538.57 Bakersfield, CA PROPOSED VEHICLE TYPE Ford Explorer MEETS SPECS YES/NO NO Chevrolet Suburban YES Funds are available in the Equipment Management Fund for the purchase of two (2) replacement two wheel drive utility vehicles for the Fire Department. Staff finds the bid submitted by 3 Way Automotive Group, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHIADMINWdmin 11-12%Two Wheel Drive Utility Vehicle, 8600 GVW, 11-12-29, October 19, 2011.docx September 29, 2011 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 6, 2011 APPROVED i DEPARTMENT HEAD CITY ATTORNEY D~ CITY MANAGER ~W Accept bid from Dell Marketing L.P. in the amount of $67,740.48 for Juniper switches and power supply 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. Four (4) bids were received in response to the solicitation. Computerland has requested to rescind their bid offer due to an inability to provide equipment that will be supported under warranty by the manufacturer. Staff has reviewed this request and recommends allowing Computerland to rescind their bid. This equipment is necessary to replace old switches and to provide power supply redundancy in the Information Technology file server room. Funds are budgeted in the Equipment Replacement Fund for the purchase of the switches and power supply. The four (4) bids received are as follows: BIDDER Computerland San Jose, CA Dell Marketing L.P. Round Rock, TX Howard Technology Solutions Laurel, MS Impex Technologies, Inc. Torrance, CA .~-,-~t'1TI►I $58,759.55 (Rescinded bid) $67,740.48 $69,422.13 $72,250.43 Staff finds the bid submitted by Dell Marketing L.P. to be acceptable. Purchasing Division/W SAPURCHIADMINWdmin 11-121Juniper Switches, 11-12-33, October 19, 2011.dowc MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: % TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: October 4, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to RM Industries, Bakersfield, in the amount of $50,400 for the Annual Contract for Janitorial Services at the Amtrak Station. (Ward 21 RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to bid were sent to over one hundred (100) contractors for janitorial services. Four (4) bids were received in response to solicitation. The bids were based on a monthly charge for cleaning the Amtrak Station daily and for performing specific maintenance at different intervals throughout the year. The Amtrak Station is a highly visible public facility visited by many travelers year round and is often the first impression of Bakersfield a first time visitor will have. The lowest bid submitted was from RM Industries, Bakersfield. The funding source for this contract is Transportation Development Act Article 4 Public Transportation funds which are administered by the Kern Council of Governments. There is no General Fund impact associated with this contract. 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. Four (4) bids were received in response to solicitation as follows: Bidder Monthly Charge Total Annual Amount RM Industries $4,200 $50,400 Bakersfield, CA West Coast Maintenance $5,500 $66,000 Arvin, CA Sandoval's Janitorial Services $7,500 $90,000 Bakersfield, CA Elite Building Services $8,040 $96,480 Victorville, CA Staff finds the low bid submitted from RM Industries, Bakersfield, to be acceptable and recommends approval of the contract in the amount of $50,400. & PURMADMIMAdmin 11-12WC for Janitorial Services -Amtrak, 11-12-31, October 19, 2011.docx kb-10/4/11 A" s~ ADMINISTRATIVE REPORT U C1 1o MEETING DATE October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: g, Q, TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: October 10, 2011 APPROVED DEPARTMENT HEAD aC CITY ATTORNEY CITY MANAGER /W SUBJECT: Accept bid and award contract to Brown and Fowler Construction Inc., in the amount of $1,076,390.00 for Construction of two (2) domestic water well pumphouse facilities: CBK 53 located within Tract 6328 in the vicinity of Panama Ln. and Mountain Vista Dr., and CBK 55 located within Tract 6329 in the vicinity of Harris Rd. and Old River Rd. (Ward 6) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This Project will complete the construction and bring to operational status two (2) new domestic water wells to the Ashe Fairhaven system. The domestic water wells provide for needed capacity and pressure to the City of Bakersfield's Southwest side of town. Nine contractors submitted bids to the City of Bakersfield purchasing office. Brown and Fowler Construction, the low bidder, has been the contractor for other City pumphouse facility projects. These projects resulted in good water quality wells with minimal change orders. Funding for this project was previously budgeted and appropriated in the Water Resources Department's Capital Improvement Budget. Nine acceptable bids were received on September 16, 2011 for this project, as follows: Brown and Fowler 3008 Antonio Ave Bakersfield CA 93308 in the amount of. $1,076,390.00 W. M. Lyles Company P.O. Box 4377 Fresno CA 93744 (Out of County) in the amount of: $ 1,100,200.00 HPS Mechanical, Inc. 3100 East Belle Terrace Bakersfield CA 93307 in the amount of. $ 1,106,100.00 SA201I ADMIN REPORMAdmin 10-19-11BrownandFowler (Final).doc ADMINISTRATIVE REPORT JTS Construction 7001 McDivitt Dr. Bakersfield CA 93313 in the amount of. $ 1,113,750.00 Kern Pacific Construction 4001 Patton Way Bakersfield CA 93308 in the amount of. $ 1,130,500.00 Parsam Construction 3334 Barnes Circle Glendale, CA 91208 Out of Count in the amount of: $ 1,165,000.00 GSE Construction Co. 6950 Preston Ave. Livermore, CA 91208 Out of Count in the amount of: $ 1,165,200.00 Cora Constructors 75140 St. Charles Place Palm Desert, CA 92211 (Out of County) in the amount of: $ 1,197,000.00 Specialty Construction 645 Clarion Ct. San Luis Obispo, CA 93401 (Out of County) .................................in the amount of: $ 1,242,810.00 Staff recommends acceptance of low bid and award of contract to Brown and Fowler Construction Inc., in the amount of $1,076,390.00 for Construction of the two (2) domestic water well pumphouse facilities. jlm SA2011 ADMIN REPORMAdmin 10-19-11BrownandFowler (Final).doc u' f 1)~ ADMINISTRATIVE REPORT MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 6. bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas Greener, Fire Chief September 28, 2011 APPROVED DEPARTMENT HEADQQ - ATTORNEY j11(T CITY MANAGER Certified Unified Program Agency Electronic Reporting Grant 1. Approve State Grant Agreement of $70,494 with the California Environmental Protection Agency. 2. Appropriate $70,494 State Grant Revenue to the California Unified Program Agency (CUPA) Fund Operating Budget for the purchase of computers, WIFI capabilities and interface with the California Environmental Reporting System (CERS). (All wards) RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: The California Environmental Protection Agency (Cal/EPA) is providing a $70,494 Certified Unified Program Agency Electronic Reporting Grant to the Bakersfield Fire Department for the implementation of Internet-based reporting of regulatory reporting data currently filed by paper forms. State law (Assembly Bill 2286, effective January 1, 2009) now requires that, by January 1, 2013, regulated businesses use the Internet to report their hazardous materials and hazardous waste inventories to the local Certified Unified Program Agency (CUPA). The Bakersfield Fire Department is the CUPA for the City of Bakersfield. Cal/EPA will initially disburse up to 25% ($17,623) of the grant amount upon acceptance of the CUPA's grant application. The remainder of the grant will reimburse the CUPA's costs on a quarterly basis throughout the term of the grant which expires January 1, 2013, when full Internet reporting access is required for the CERS system. Staff requests the appropriation of the $70,494 Certified Unified Program Agency Electronic Reporting Grant to the CUPA operating Fund. A copy of the grant application is on file at the City Clerk's office for review. DRG/HHW/tc S:\Chichester\Admin Report Word\Elec Rpt Grant ADMN REPORT.doc 10/10/2011 F A M 0 ADMINISTRATIVE REPORT I0 MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. Cc. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 10, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGE SUBJECT: Appropriate $3,325,000 Anthem Blue Cross medical premium surplus funds to the non-departmental budget within the General Fund to provide for additional deposits into the Retiree Medical Irrevocable Trust Fund. (All Wards). RECOMMENDATION: Personnel Committee recommends approval of the appropriation. BACKGROUND: The City of Bakersfield received an annual accounting of funds from Anthem Blue Cross regarding funding status of the Blue Cross PPO plan as of December 31, 2010. The report shows an accumulated surplus of about $5.5 million. Blue Cross is retaining about $2.2 million of these funds for a rate stabilization fund reserve. The remaining $3.3 million is an additional surplus of funds that could be returned to the City. This information was brought to the attention of the Insurance Committee, which is made up of City staff and representatives from each employee bargaining unit. City staff proposed to the Insurance Committee that the full $3.3 million be deposited into the Other Post Employment Benefit (OPEB) Irrevocable Trust account, which was established a few years ago to set aside funds for future retiree medical subsidy obligations of the City. The Insurance Committee agreed with staffs' recommendation. The Personnel Committee reviewed the Insurance report and the associated recommendation from the Insurance Committee at their September 30, 2011 meeting. The committee members supported the recommendation and approved a motion to recommend this action for approval by the full City Council. Approval of this action will allow the City to set aside these additional funds and reduce the City's unfunded liability balance associated with the Retiree Medical subsidy program. nks SAAdminWdmin Reports\anthem blue cross surplus approp oct 2011.docx October 10, 2011, 4:36PM ff)~ frFj ~LMaRY,. ADMINISTRATIVE REPORT MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: dd. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Greg Williamson, Chief of Police September 30, 2011 Appropriate $253,000.00 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the Kern Avoid the 18 DUI Campaign. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: The Bakersfield Police Department has been awarded $253,000.00 from the State Office of Traffic Safety (O.T.S.) to fund the KERN Avoid the 18 DUI Campaign (AVOID) from 10/01/11 through 09/30/12. The Bakersfield Police Department will continue serving in the role as the host agency for a Regional DUI effort in Kern County to reduce alcohol-involved fatalities and injuries, and raise general public awareness regarding the problems associated with drinking and driving. Participating agencies include Police Departments from the cities of Arvin, Bear Valley, California City, CSUB, Delano, KCDA Crime Lab, Maricopa, McFarland, Ridgecrest, Shafter, Stallion Springs, Taft, Tehachapi, Kern County Sheriff's Department, KERN County Probation Department, ABC and the California Highway Patrol. Activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force Operations, DUI Warrant/ Probation Sweeps and Court Sting Operations for repeat DUI offenders during the Winter Holiday Mobilization, Memorial Day Weekend, Independence Day Weekend/Period, Summer Mobilization, special dates, county fairs, festivals, and other community events with identified DUI problems. The funding source of this award is the National Highway Traffic Safety Administration through the California Office of Traffic Safety. Therefore, an appropriation of $253,000.00 Federal Grant Revenues to the General Fund Police Operating Budget is requested. DB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 11-12WDMIN RPT - (10-19-11) 2011 OTS AVOID GRANT (20477).docx 9/29/2011 2:33 PM Page 1 of 2 ADMINISTRATIVE REPORT Page 2 The funded strategies, personnel, supplies and services include: Overtime • DUI/Driver's License Check Points • DUI Saturation Patrols • Task Force Operations • Warrant/ Probation sweeps, stakeouts and court "stings" to focus on DUI offenders with suspended or revoked driver licenses who get behind the wheel after leaving court. • Public Information Officer • Grant Management Personnel • Temporary Clerical Help Contractual Services • Contractual Services with Allied Agencies • Phlebotomist and Breathalyzer services at DUI checkpoints Trainina • Travel Expenditures for OTS Training Suoolies and Materials • Checkpoint supplies • Educational Materials Db \\citynas\homedirs\dbranson\BPD\ADMIN RPTSWDMIN RPTS FY 11-12\ADMIN RPT - (10-19-11) 2011 OTS AVOID GRANT (20477).docx 9/29/20112:33 PM ~ ORPOI ' i ~,C IA IfG ~/F dk ADMINISTRATIVE REPORT r MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. ee. TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD DATE: September 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $514,677.00 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the Selective Traffic Enforcement Program. RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: The Bakersfield Police Department has been awarded $514,677.00 from the State Office of Traffic Safety (O.T.S.) to fund the Selective Traffic Enforcement Program (STEP) from 10/01 /11 through 09/30/12. The purpose of the STEP grant is to reduce the persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors by funding overtime to conduct "best practice" enforcement. strategies. The grant also provides funding for the purchase of equipment, checkpoint supplies and checkpoint related services. The funded strategies, supplies and services include: Overtime DUI/Driver's License Check Points DUI Saturation Patrols • Red Light Ops • Intersection Ops • Speed Ops • Warrant Sweeps • Stakeouts • Motorcycle DUI Ops • Court Sting Ops DWB \\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY 11-12\ADMIN RPT - (10-19-11) 2011 OTS STEP GRANT (20471).docx 9/29/2011 2:32 PM Page 1 of 2 ADMINISTRATIVE REPORT Funded strategies continued: Page 2 • Development of a "Hot Sheet" to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. • Warrant sweeps, stakeouts and court "stings" to focus on DUI offenders with suspended or revoked driver licenses who get behind the wheel after leaving court. • Voluntary compliance with traffic laws by generating publicity throughout the grant period. Training • Travel Expenditures for OTS Training Contractual Services • Phlebotomist and Breathalyzer services at DUI checkpoints Eauiament 5 Electronic Citation Devices • 3 LIDAR Devices • 3 RADAR Devices The funding source of this award is the National Highway Traffic Safety Administration through the California Office of Traffic Safety. Therefore, an appropriation of $514,677.00 Federal Grant Revenues to the General Fund Police Operating Budget is requested. DWB \\citynas\homedirs\dbranson\BPD\ADMIN RPTSWDMIN RPTS FY 11-12\ADMIN RPT - (10-19-11) 2011 OTS STEP GRANT (20471).docx 9/29/20112:32 PM ~~~''r~-B o I`FS' f l.~ to 1 ADMINISTRATIVE REPORT kill] MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. fr. TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: September 30, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $47,420.00 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the "A Life Interrupted" Program. RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: The Bakersfield Police Department has been awarded $47,419.58 from the State Office of Traffic Safety (O.T.S.) to fund the "A Life Interrupted" (ALI) program from 10/01 /11 through 09/30/12. This O.T.S. grant award will fund overtime for Traffic Officers to present the "A Life Interrupted" program, to revise the graphic decals on the ALI truck and to purchase presentation supplies for the Traffic Division. The Bakersfield Police Department has developed an award winning multimedia program entitled "A Life Interrupted" which promotes safe and sober driving for young, newly licensed drivers. Since the inception of the program, the BPD has presented the program to approximately 12,000 high school students per year. The program consists of a traffic officer discussing fatal collisions involving local teens, and emotionally reaches the students when mothers of some of the drivers killed in the collisions speak to the students about "their story." The funding source of this award is the National Highway Traffic Safety Administration through the California Office of Traffic Safety. Therefore, an appropriation of $47,420.00 Federal Grant Revenues to the General Fund Police Operating Budget is requested. DB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 11-12\ADMIN RPT - (10-19-11) 2011 OTS ALI GRANT (20600).docx 9/29/20112:34 PM Page 1 of 1 G A E of ~tAVORA e~s C `wan u.a° IFO ADMINISTRATIVE REPORT MEETING DATE: October 19, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Christi Tenter, Human Resources Manager October 4, 2011 Revised Job Specifications: Firefighter Trainee #32260 Firefighter #32200 APPROVED DEPARTMENT HEAD, CITY ATTORNEY 6 CITY MANAGER RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the Fire Chief, the job specifications for Firefighter Trainee and Firefighter have been reviewed and revised as they were last updated in 1997.. Language was changed and/or added to update the essential job duties, minimum qualifications and distinguishing characteristics. The changes provide a better description of the actual duties performed and incorporate mandated regulatory requirements. There is no budgetary impact as the salaries will remain the same. The revised job specifications were presented to the Fire Civil Service Board and approved at their September 26, 2011 special meeting. (cc) co AVt ADMINISTRATIVE REPORT c LIF MEETING DATE: October 19, 2011 AGENDA SECTION: Hearings ITEM: q, a, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 3, 2011 A public hearing to consider the Resolution ordering the vacation of an access easement located at 2620 K Street, between 26th Street and 27th Street. (Ward 2) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGERS RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request to vacate an access easement located at 2620 K Street, between 261h Street and 27th Street. This vacation has been requested by San Joaquin Community Hospital. The existing access easement is being relocated to better suit the hospital's development of the site, (See Exhibit B) The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report, Public Works notes that there are no City sewer or storm drain facilities in this area. The utility companies serving the area have been notified by mail, There has been no objection as of the date of this report. Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot radius of the proposed vacated area, Public Works has received no objections from these owners as of the date of this report. On August 17, 2011, the Planning Department found the proposed vacation of the access easement located at 2620 K Street, between 261h Street and 27th Street to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1696 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of September 28, 2011. Notice of this public hearing has been duly advertised and posted as required by law. /mm October 3, 2011; 10:28 AM GAGROUPDAT\ADMINRPT\2011 \ 10-19\SJCH -ACCESS EASEMENT VACATION BA y~..o.. ADMINISTRATIVE REPORT LIFO MEETING DATE: October 19, 2011 AGENDA SECTION: Hearings ITEM: P. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager October 10, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER A public hearing to consider the Nomination of the Large City Member from Kern County to the 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. On September 14, 2011, at the request of Vice Mayor Couch, the City Council approved the submittal of an application from Councilmember Hanson as the designated nominee from the City of Bakersfield for the Large City vacancy. The next step in the process, as required by the District, is for the City to hold this public hearing for the City Council to take a formal vote to nominate Councilmember Hanson for appointment to the District's Governing Board. October 11, 2011, 8:49AM - RS SJVAPCD - Nomination Hearing ADMINISTRATIVE REPORT Following receipt of the City Council Resolution approving the nomination of Councilmember Hanson, the Air Pollution Control Officer (APCO) will tally the votes and forward the nomination to the Special City Selection Committee. The Committee will then make the appointment in December, 2011. October 11, 2011, 8:49AM - RS SJVAPCD - Nomination Hearing BA U ADMINISTRATIVE REPORT LI 0 MEETING DATE: October 19, 2011 AGENDA SECTION: Hearings ITEM: , a TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director September 20, 2011 APPROVED n DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Public hearing and first reading of an ordinance amending Chapter 1.12 revising the boundaries of City Council Wards 1 through 7. (all Wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: At the City Council meeting of August 17, 2011, staff provided three concept maps showing balanced Ward populations within a 5% deviation. After that meeting, Councilmembers Benham and Salas introduced two additional options (Concepts 4 and 5) for consideration. At the public hearing held September 28, 2011, the City Council decided to remove Concepts 4 and 5 from further consideration and a majority of the Councilmembers voiced their support of Concept 1. The following table shows the population breakdown of the existing Ward populations compared with the preferred Concept 1. WARD -1 WARD 2 WARD 3 WARD 4-- -WARD 5-- -WARD-6-- -WARD-7-- TOTAL CURRENT WARDS CONCEPT 1 TOTAL OVER/UNDER TOTAL OVER/UNDER POPULATION AVERAGE POPULATION AVERAGE 51,283 1,643_: - 3.31% 50,158 518_, 1.04%- 40,123 -91517 _19:17% 0,888 12248 2.51%_ 44,814 =4,826- ; -9.7 48,324 =1,316 =2.65%- 57,864 8,224 ; 16.57% 49,731 91 0.18%- 46,177 - -=3,463- ---6.98- 49,778 138 0-.28%- 50,105 - -----------465 ----0.94%- 51,085----- ---------1,445 2.91%_ -------57,117------ 7,477 15.06%- -------47,519----- --------=2,121--'------- =4.27%_ 347,483 347,483 Average Ward population = 49,640 ADMINISTRATIVE REPORT Page 2 Reapportionment of the Ward boundaries is to accomplish equality of population, as closely as possible, to ensure adherence to the one-person, one-vote doctrine. Deviation from the average population for each Ward is acceptable if reasonably based upon certain criteria (ie. topography; geography; cohesiveness, contiguity, integrity, and compactness of Ward territory; and community interests within the Ward). Case law has established that as a general rule, a deviation of 0 - 5% is construed as very reasonable; a deviation of up to 10% can occur without formal justification; a deviation of 10% - 16.4% can occur only if formal justification based on the criteria is established, and a deviation above 16.4% is intolerable. In the event any challenge to a reapportionment is filed, the City Council's adoption of legislative findings regarding criteria used to establish the reapportionment would be extremely beneficial to support a defense. Such findings, when combined with existing case law, would provide a position that a deviation of 0 - 5% would be very defensible. As the deviation increases, the potential for challenge increases. To date, there have been no comments by the public regarding any of the concept maps. Concept 1 is supported by a majority of Councilmembers in that it achieves a population deviation of less than 5% and the boundary changes are minimal geographically. Therefore, staff recommends first reading of the ordinance amending the Ward boundaries as proposed in Concept 1. JE: s:\dana\admins\2011\oct\10-19 reapportionment public hearing.doc MEETING DATE: October 19, 2011 AGENDA SECTION: Reports ITEM: 13 , TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 11, 2011 R V DEPARTMENT HEA CITY ATTORNEY CITY MANAGER SUBJECT: Report on Campus Park South Storm Sump Improvements (Ward 5) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: The neighborhood in the Campus Park South area has historically experienced problems with street flooding during rain events. It usually experiences the worst flooding in the city during heavy precipitation and was especially problematic when the December 2010 record rainfalls occurred. To help alleviate the flooding and resulting problems, staff is proposing a Capital Improvement Program project to construct a second storm water retention sump in the area. The addition of a new sump will help to address the flooding problems and will lessen the need to routinely call out staff to deal with the overflow problems that typically occur in that area during the rainy season. The proposed site for the sump is on a parcel located under a PG&E tower that runs north from White Lane, directly east of Pine Oak Boulevard. The owners of the property, Castle & Cooke, have agreed to donate the parcel to the City, since the power line precludes any development on the parcel. We wish to thank them for recognizing the need for this project and for their and assistance in making it possible. In addition to addressing the concerns previously noted, construction of a second retention sump will provide needed storage capacity, and, therefore, make it possible for the existing "pond" that has become a neighborhood amenity in Campus Park South to remain in place. Although the size of the pond will need to be reduced, with the water depth slightly lowered, it will continue to accommodate the various wildlife in the area. This item will include a side presentation that will describe how the sump construction project will provide a solution to the flooding and associated issues in the Campus Park area. The cost to construct the improvements is estimated at $670,000 and is proposed to be funded from the Sewer Enterprise Fund. Staff recommends acceptance of the report and authorization to meet with the community to obtain their feedback on the proposed improvements prior to returning to the Council for approval of the project. PW / Engr / ADR G:\GR0UPDAT\ADMINRPT\201 I \10-19\REPORTS - Campus Park South Sump-rev-10121 l.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 28, 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 (seated at 5:41 p.m.), Councilmembers Salas, Benham, Weir (seated at 5:16 p.m.), Hanson, Sullivan (seated at 5:20 p.m.), Johnson Absent: None 2. INVOCATION by Pastor Hayward Cox, Church of God Church. 3. PLEDGE OF ALLEGIANCE by Jesus Villela, 5t" grade student at Shirley Lane Elementary School. City Clerk Gafford announced staff has requested that Closed Session item 10.b. be pulled from the Agenda. Mayor Hall acknowledged the Ridgeview High School Government class and the Bakersfield College Political Science class in attendance at the meeting to learn about City government. Mayor Hall acknowledged Boy Scout troops 147 and 442 in attendance to earn a merit badge in communications. 4. PRESENTATIONS a. Presentation by Mayor Hall of Certificates of Appreciation to Wayne and Debbie Newlen acknowledging their efforts in graffiti removal in their Northeast neighborhoods. ACTION TAKEN Mr. and Mrs. Newlen accepted the certificates, and Mrs. Newlen made comments. Bakersfield, California, September 28, 2011 - Page 2 4. PRESENTATIONS continued b. Presentation by Mayor Hall of a Proclamation to Brian De La Cerda, representing Bike Bakersfield, declaring October 5, 2011, International Walk and Bike to School Day. Mr. De La Cerda accepted the Proclamation, made comments and invited Mayor Hall to attend the International Walk and Bike to School Day event on October 5th at Standard Middle School. 5. PUBLIC STATEMENTS a. Michael Kennedy, Principal at Bethel Christian School, spoke regarding High Speed Rail and asked the City Council to consider a session allowing citizens to engage in open dialogue, and requested that the following recommendations be referred to committee or staff: delay making a decision for 6 months to allow the public time to read the EIR document; that the committee consider adopting a vote of "no confidence" in the next session regarding the existing proposal as it relates to the EIR; and consider taking the high speed rail to the outskirts of town. b. Jeff Taylor spoke in opposition to the High Speed Rail project, suggested extending the EIR review period as much as 6 months, and proposed a vote of "no confidence" of the High Speed Rail Authority's management planning and EIR document preparation. C. Anil Mehta, M.D., representing the Chinmaya Mission, spoke in opposition to the High Speed Rail project and requested a 6-month delay in order to have adequate time to review the EIR, as well as considering a "no confidence" vote. In response to questions by Councilmember Hanson and Councilmember Salas, City Manager Tandy advised that the City is drafting a response to the High Speed Rail Authority, expressing concerns and requesting a 30-day extension; and will include tonight's citizen recommendations in the response. ACTION TAKEN Bakersfield, California, September 28, 2011 - Page 3 6. WORKSHOPS a. Report on proposed additional funding for street improvements: 1. Staff report regarding proposed budget amendments to add specific street improvements to the Fiscal Year 2011/12 Capital Improvement budget. 2. Appropriate $1,797,000 Transportation Development fund balance ($1,097,466 reimbursement from the County of Kern and the remainder from savings on completed projects within the Transportation Development Fund) to the Public Works Department Capital Improvement Budget to fund street improvements which are included on the Regional Transportation Facilities List. Public Works Director Rojas made staff comments and introduced Assistant Public Works Director Underwood, who provided a PowerPoint presentation. Councilmember Salas asked staff to look at improving the area near Pauley School off of Planz Road. ACTION TAKEN Motion by Vice-Mayor Couch to accept the Report APPROVED and approve the appropriation. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 14, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from September 2, 2011 to September 15, 2011 in the amount of $25,246,405.37 and self-insurance payments from September 2, 2011 to September 15, 2011 in the amount of $261,337.51, totaling $25,507,742.88. Bakersfield, California, September 28, 2011 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. Adoption of Ordinance amending Municipal ORD 4652 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. (FR 9114111) Resolutions: d. Resolution accepting grant funds from The RES 086-11 Cooperative Endangered Species Conservation Fund (authorized under Federal Section 6 of the Endangered Species Act). e. Resolution confirming approval by the City RES 087-11 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 the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. f. Sewer connection fee assessments for 21 12 Majesty Palm Street. 1. Resolution confirming assessments for RES 088-11 sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Trento Family Trust, AGR 11-102 co-trustees Tom A. Trento and Terri L. lascone, to pay sewer connection fee in installments and notice of special assessment lien. g. Resolutions to add territories, 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: 1. Area 1-88 (2700 Calloway Drive). RES 089-11 2. Area 5-63 (6801 Colony Street). RES 090-11 Bakersfield, California, September 28, 2011 - Page 5 8. CONSENT CALENDAR continued h. Resolutions of Intention to the following territories to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. 1. ROI No. 1699, Area 1-89 (NW corner of Reina Road and Old Farm Road). 2. ROI No. 1700, Area 4-104 (3001 Buck Owens Boulevard). 3. ROI No. 1701, Area 4-105 (3700 Chester Avenue) 4. ROI No. 1702, Area 4-103 (4485 Buck Owens Boulevard) 5. ROI No. 1703, Area 2-48 (6465 Ming Avenue) L Resolution of Intention No. 1696 to order the vacation of an access easement at 2620 K Street, between 26th Street and 27th Street. Agreements: j. Agreement with Raftelis Financial Consultants, Inc. ($65,263) to complete a Wastewater Utility Rate Study for residential and commercial sewer user rates and for sewer connection fees. k. Agreement with Alliance Against Family Violence and Sexual Assault ($16,305 Emergency Shelter Grant Funds) to support the operating costs to continue services. (Administrative Office located at 1600 E. Truxtun Avenue). 1. Agreement with Bakersfield Senior Center, Inc. ($85,000 Community Development Block Grant Funds) for operational expenses for center located at 530 4th Street. M. Agreement with Bakersfield Rescue Mission ($61,797.90 Emergency Shelter Grant Funds) to support the operating costs for facility located at 816 E. 21st Street. ACTION TAKEN ROI 1699 ROI 1700 ROI 1701 ROI 1702 ROI 1703 ROI 1696 AGR 11-103 AGR 11-104 AGR 11-105 AGR 11-106 Bakersfield, California, September 28, 2011 - Page 6 8. CONSENT CALENDAR continued n. Agreement with Bethany Services/Bakersfield Homeless Center ($61,797.90 Emergency Shelter Grant Funds) to support the operating costs for facility located at 1600 East Truxtun Avenue. o. Amendment No. 1 to Agreement No. 01-192 with County of Kern for southern City entrance sign located in future Kern Delta Park. P. Amendment No. 2 to Agreement No. 10-080 with Pacific Building Care allowing a name change only to Commercial Cleaning Systems, Inc., to allow continuance of the annual contract for janitorial maintenance at City Hall North. q. Amendment No. 3 to Agreement No. 03-099 with Aramark Entertainment, Inc. (no change to compensation, extends term for five years), for concession services at the Rabobank Arena and Convention Center. Amendment No. 10 to Agreement No. 04-214 with Parsons Water and Infrastructure ($255,500; revised not to exceed $18,004,967) for additional design and construction services for Wastewater Treatment Plant No. 2 Odor Control and New Septage/Grease Receiving Station Project located on Mt. Vernon Avenue. S. Contract Change Order No. 21 to Agreement No. 09-076 with Security Paving Company, Inc. ($5,900,000; revised not to exceed $83,933,920.96) for the construction of the Westside Parkway Phase II Project. (TRIP) Bids: t. Accept bid and approve annual contract with Red River Specialties, Inc. (not to exceed $206,000), for the supply of chemical insecticides/herbicides. U. Accept bid from Jim Burke Ford ($56,679.52) for one replacement Super Duty (19,500 GVW) service truck with crane for Public Works Department, Streets Division. ACTION TAKEN AGR 11-107 AGR 01-192(1) AGR 10-080(2) AGR 03-099(3) AGR 04-214(10) AGR 09-076 00021 AGR 11-108 Bakersfield, California, September 28, 2011 - Page 7 8. CONSENT CALENDAR continued v. Accept bid from Jim Burke Ford ($177,916.67) for eight replacement two-wheel drive full size extended cab 1/2 ton pickups for Fire Safety, Public Works/Wastewater and Police departments. W. Accept bid from Towne Ford Sales ($246,558.50) for one additional and seven replacement Super Duty (19,000 GVW) service truck cab and chassis for Recreation and Parks, General Services, Solid Waste and Fire departments. X. Accept bid and approve contract with Loop Electric, Inc. ($282,841.01), for construction of traffic signal and lighting system installation at the intersection of Stine Road and Hosking Avenue. Y. Accept bid and approve contract with Loop Electric, Inc. ($166,844.07), for construction of traffic signal and lighting system installation at the intersection of South H Street and McKee Road. Z. Traffic Signal and Lighting System Installation at Berkshire Road and Akers Road Project: 1. Accept bid and approve contract with Loop Electric, Inc. ($159,762.63), for the project. 2. Appropriate $10,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. aa. Super Duty (19,000 GVW) Service Truck for Park Maintenance: 1. Accept bid from Jim Burke Ford ($91,137.24) for two additional service trucks for the Recreation and Parks. 2. Appropriate and transfer $13,200 Recreation and Parks Department Operating budget within the General Fund to the Public Works Department Operating Budget within the Equipment Management Fund for the purchase of two additional service trucks. ACTION TAKEN BID REJECTED (SEE MOTION) REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, September 28, 2011 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN bb. Re-Coat Concrete Deck at City Hall North Parking Lot: 1. Accept bid and approve contract with AGR 11-112 Hayesco, Inc. ($99,749) for re-coat of the concrete deck at City Hall North Parking Lot. 2. Appropriate $30,000 Capital Outlay Fund balance to the Public Works Department Capital Improvement Budget to complete the re-coating of the concrete deck at City Hall North. Miscellaneous: CC. Appropriate $132,500 Park Improvement Fund balance to the Recreation and Parks Department's Capital Improvement Budget for the Tennis Courts Resurfacing project. dd. Appropriate $464,961 North of the River's Park Development Fees to the Recreation and Parks Department Capital Improvement Budget within the Park Improvement Fund for the Polo Community Park Project ($100,000) and the Riverlakes Park Project ($364,961). ee. Sports Village Phase II - complete construction of eight additional playing fields, parking and restrooms as designed through the Sports Village Master Plan: 1. Appropriate $1,940,000 Park Improvement Fund balance to the Recreation and Parks Department Capital Improvement Budget. 2. Transfer $550,000 from the Old River and Panama Lane Park project to the Sports Village Phase II project within the Park Improvement Fund. Bakersfield, California, September 28, 2011 - Page 9 8. CONSENT CALENDAR continued ff. Appropriate Federal Surface Transportation Funds to Various Resurfacing Projects: I . Appropriate $210,925 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget for the Pavement Rehabilitation 2010 Phase 2 -Stine Road from Panama Lane to Pacheco Road Project within the SAFETEA-LU Fund. 2. Appropriate $170,331 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget for the Pavement Rehabilitation 2011 Phase 2 -Stine Road from Pacheco Road to White Lane Project within the SAFETEA-LU Fund. 3. Appropriate $99,761 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget for the Pavement Rehabilitation 2011 Phase 3 - Pacheco Road from Akers Road to Wible Road, and Pacheco Road from Hughes Lane to South H Street Project within the SAFETEA-LU Fund. City Clerk Gafford announced a staff memorandum has been received regarding Consent Calendar item 8.w. recommending a change to read "Rejection of all bids." Counclimember Johnson requested that items 8.x., 8.y. and 8.z. be removed for separate consideration. ACTION TAKEN Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.ff., with the removal of items 8.x., 8.y. and 8.z. for separate consideration, and the change in the recommendation to item 8.w. 8. Bakersfield, California, September 28, 2011 - Page 10 CONSENT CALENDAR continued ACTION TAKEN X. Accept bid and approve contract with Loop AGR 11-109 Electric, Inc. ($282,841.01), for construction of traffic signal and lighting system installation at the intersection of Stine Road and Hosking Avenue. Y. Accept bid and approve contract with Loop AGR 11-110 Electric, Inc. ($166,844.07), for construction of traffic signal and lighting system installation at the intersection of South H Street and McKee Road. Z. Traffic Signal and Lighting System Installation at Berkshire Road and Akers Road Project: 1. Accept bid and approve contract with AGR 11-111 Loop Electric, Inc. ($159,762.63), for the project. 2. Appropriate $10,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. 9. Councilmember Johnson thanked staff for their help in improving the areas mentioned In Items 8.x., 8.y. and 8.z. Motion by Councilmember Johnson to adopt Consent APPROVED Calendar items 8.x., 8.y. and 8.z. CONSENT CALENDAR PUBLIC HEARINGS None. 10. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Potential REMOVED BY STAFF Litigation; Closed Session pursuant to subdivision (b) (3) (B) of Government Code Section 54956.9(one matter regarding right-of-way issues on Truxtun Avenue). APPROVED Motion by Vice-Mayor Couch to adjourn to Closed Session at 5:56 p.m. APPROVED Motion by Councilmember Weir to adjourn from Closed Session at 6:25 p.m. Bakersfield, California, September 28, 2011 -Page 11 RECONVENED MEETING AT 6:30 p.m. 11. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. 12. HEARINGS a. Public Hearing to consider new City Council ward boundaries as part of the reapportionment process. Planning Director Eggert made staff comments and provided a PowerPoint presentation, with concepts 1 through 5 for consideration. Hearing opened at 6:41 p.m. No one spoke. Hearing closed at 6:42 p.m. Councilmember Benham advised she prefers concept 1 and would like concept 4 removed from consideration. Councilmember Johnson stated he would like concept 5 eliminated from consideration and supports concept 1. Councilmember Hanson indicated he supports concept 1. Councilmember Salas advised he prefers concept 1 and supports the removal of concept 5. Councilmember Sullivan stated she likes all the concepts except 4 and 5. Councilmember Weir advised he prefers concept 1. Councilmember Johnson stated he would like to move forward with the October 19th hearing. Vice-Mayor Couch advised he supports excluding concepts 4 and 5 from consideration. 13. REPORTS ACTION TAKEN STAFF GIVEN DIRECTION None. Bakersfield, California, September 28, 2011 - Page 12 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Solos thanked his online supporters who joined him before this evening's meeting. Councilmember Solos asked that someone from the Parks Department contact him to let him know if someone from that department will be attending a community town hall meeting scheduled for October 6'h. Councilmember Solos reiterated his earlier request that the area around Pauley School be looked at as a potential improvement project, and that the property owner adjacent to school has indicated his willingness to concede that property over to the City. Councilmember Solos thanked Public Works Director Rojas and his staff for the work they have been doing in Ward 1 since November of last year by removing litter and bulk, graffiti tags, and repairing potholes. Councilmember Johnson thanked Chief of Police Williamson and his staff for being diligent with the issues recently encountered at the Valley Plaza Mall, the outreach taking place, and the efforts being made to ensure the mall is a safe environment where people want to shop. Councilmember Johnson thanked the Keep Bakersfield Beautiful Committee and his two appointees, Brian Wargo and Sheryl Graab, for helping him organize a community cleanup on Saturday with over 75 volunteers from the Golden Valley Interact Club, the Girl Scouts, and First Presbyterian Church, who picked up trash on South H Street, Berkshire, Wible and Stine roads in Ward 7; and stated that he plans to do these cleanups every quarter. ACTION TAKEN Bakersfield, California, September 28, 2011 - Page 13 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan asked staff to look at repainting the ends of medians with a glistening or yellow paint so they are easily seen at night when people are attempting to turn left on dark streets. Councilmember Sullivan stated that the arrow in the second left turn lane from the Inside going east on California Avenue, just before Chester Avenue, needs to be repainted because it is worn and hard to see. Councilmember Sullivan advised she attended the Carlos Santana concert last night at the Rabobank Arena, and it was thrilling to see near capacity attendance. Vice-Mayor Couch advised he attended the league of California Cities meeting last week, and it appears there may be an attempt at an initiative for the November 2012 election, not necessarily aimed at protecting local revenues, regarding requiring state legislators to publicly release their meeting calendars and budgets; requiring the state legislature to comply with the same open meetings, open records and public disclosure laws that cities, counties and other state agencies are required to follow; requiring all legislation to be publicly available in print and online for 72 hours before any vote can be taken; expanding existing state law by applying the same open meetings, open records and public disclosure laws to the state legislature that cities, counties and other state legislators are required to follow; and he provided a handout from the League on their polling results and asked that it be included in Friday's packet; and he requested that staff keep an eye on this attempted initiative because he would like to help in that drive. Mayor Hall congratulated Roy Gonzales, a maintenance craft worker with the General Services Division, for his efforts In cleaning up his neighborhood; and encouraged private citizens to get involved in beautification. Mayor Hall thanked the residents of Bakersfield and Kern County who are spending money in our community, which has resulted in a 19.39% increase in sales tax. Bakersfield, California, September 28, 2011 - Page 14 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall advised that the time sequence of water in the river and greater Bakersfield is through December, and that he hopes for the same next year. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 6:56 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield