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HomeMy WebLinkAbout06/05/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF JUNE 5, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS a. Department Budget Presentations: 1. Rabobank 2. Convention and Visitors Bureau 3. Fire Department 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following: Caitlyn Lamond, et al. v. City, Kern County Superior Court Case No. S- 1500 -CV- 275123 SPC. 2. Joe R. Slaughter, et al. v. City, et al., Kern County Superior Court Case No, S- 1500 -CV- 271472 LHB, 5. CLOSED SESSION ACTION 6. ADJOURNMENT REGULAR MEETING -5:15 p.m. 1. ROLL CALL 2. INVOCATION by Rabbi Schlanger, Chabad of Bakersfield. 3. PLEDGE OF ALLEGIANCE by Nicholas Brown, 5m grade student at Wayside Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Lance McCullah, declaring June 5, 2013, Lance McCullah Day. b. Presentation by Mayor Hall of a picture plaque to Linda Jay, Chief Executive Officer, and David Knoeb, President, of the Bakersfield Association of Realtors, honoring the Bakersfield Association of Realtors' beautification efforts. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Department Budget Presentation: 1, Recreation and Parks Department b, Budget Referral Update C. Overview of TRIP Financing, 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a, Approval of minutes of the May 15, 2013 Regular City Council Meetings. Payments: b. Receive and file department payments from May 3, 2013, to May 21, 2013, in the amount of $16,756,455,55 and self- Insurance payments from May 3, 2013, to May 21, 2013, in the amount of $256,681.37, totaling $17,013,136.92. Ordinances: (Ward 4 -7) C. First Reading of Ordinance amending Section 14.04.120 of the Municipal Code relating to Rates and Fees, d. Adoption of Ordinance amending the text of various sections of Chapter 17.60 of the Municipal Code relating to signs. (FR 05115113) (Ward 4') e, Adoption of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zoning (pre - zoning) on 75 acres zoned R -1 (Low Density Residential) and 5 acres zoned E(5) RS PE (Estate 5 Acres, Residential Suburban Combining, Petroleum Extraction Combining) in the County of Kern, to the City zone district of R -1 (One - Family Dwelling) on the entire 80 acres, located at the southwest corner of Renfro Road and Noriega Road. (ZC # 12 -0463 - McIntosh and Associates representing Black Ops Real Estate VIII) (Ward 4 upon annexation), (FR 05101113) Resolutions: f. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties In the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. g. Resolution approving the destruction of certain obsolete City records, documents, Instruments, books and papers, pursuant to California Government Code Section 34090, et seq, (Public Works Department) -upon annexatlon City Council Meeting of 06/05/2013 S. CONSENT CALENDAR continued h. Resolution adopting sewer connection fees pursuant to Section 14,12,380 of the Municipal Code, Resolution providing for the collection of residential refuse charges by the Kern County Auditor- Controller's Office, Resolution providing for the collection of sewer and storm sewer service user charges by the Kern County Auditor- Controller's Office. k, Collection of delinquent refuse and sewer charges by the Kern County Auditor - Controller's Office on Fiscal Year 2013/14 Property Tax Rolls: Resolution providing for the collection of delinquent refuse fees, 2. Resolution providing for the collection of delinquent sewer fees. (Ward 5) I. Resolution of Intention No. 1752 establishing the Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan); to levy a special tax therein to finance additional Police and Fire Services required by new development within the Community Facilities District. Agreements: (Ward 2) M. Disposition and Development Agreement (DDA) with Golden Empire Affordable Housing, Inc. II ($3,250,000 in various housing funds), to support the construction of a 56 -unit affordable housing complex at 400 20th Street. n, Agreement with Duane Morris (not to exceed $400,000), to provide outside legal services in the matter of City v. Kern County, KCSC Case No. S- 1500 -CV- 279379, related to property tax and contract Issues, o. Renewal of Agreements with Clifford & Brown for legal services regarding General Miscellaneous Issues ($75,000) and General Personnel Issues ($75,000). P. Agreement with Professional Dynamics, Inc, ($195,000; not to exceed $65,000 annually for a three year period, to provide utilization review services; and $300,000; not to exceed $100,000 annually for a three year period, to provide nurse case management services), for the Self- Insured Workers' Compensation Program, (Ward 5) q. Final Map and Improvement Agreement with Castle & Cooke California, Inc„ for Tract 7161 Phase 2 located south of Chamber Blvd, and west of Windermere Street. (Ward 5) r. Final Map and Improvement Agreement with Bolthouse Development Company, LLC, for Parcel Map 11952 Phase 2 located south of Bolthouse Drive and west of Buena Vista Road, (Ward 1) S. Design Consultant Agreement with Parsons Brinkerhoff (not to exceed $1,495,720 - 80% funded by federal monles, 20% local monles), for construction management services for the State Route (SR) -58 Gap Closure Project, (TRIP) City Council Meeting of 06/05/2013 8. CONSENT CALENDAR continued (Ward 2,3) t. Hageman Flyover Project: (TRIP) 1. Cooperative Agreement with the State of California Department of Transportation (Caltrans), ($4,277,000; $3,786,428.10 Federal (88.53 %) and $490,571.90 Local (11.47 %)), to prepare the Project Approval and Environmental Document, Plans, Specifications and Estimate and Right -of -Way documents. 2. Appropriate $3,915,060 Federal SAFETEA -LU grant revenues to the Public Works Capital Improvement Budget within the TRIP Federal /State Grant Fund. (Word 3,7) U. State Route (SR) 99 Improvement Projects: 1. Amendment No. 1 to Cooperative Agreement No. 10 -110 (Caltrans Agreement No. 06 -1471) with the State of California Department of Transportation (Caltrans) reducing the City's contribution by $160,000 (from $250,000 to $90,000), towards preconstruction work needed for proposed Improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive Drive. 2. Cooperative Agreement with Caltrans ($160,000), for City's contribution towards construction work Improvements on SR 99 to the southbound off - ramp at Panama Lane, 3. Transfer $160,000 from amount budgeted for preconstruction work for proposed Improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive Drive to a new project for construction work for proposed Improvements on SR 99 to the southbound off -ramp at Panama Lane within the Transportation Development Fund. (Ward 2A) v, Amendment No. 2 to Agreement No. 12 -095 with Mark Thomas and Company, Inc. ($159,448.86: $19,476.60 Federal, $2,523.40 Local TDF, and $137,448.86 Water Enterprise Funding; revised not to exceed $2,751,160.96), for Engineering Design Services for the Rosedale Highway Widening Project. (TRIP) (Word 2) W. Amendment No. 1 to Agreement No. 09 -055 with Niemeyer & Associates, P.C., ($12,500; revised not to exceed $162,500 and extend term four months), for Amtrak Railroad Track Inspection Services. (Ward 1) X. Amendment No. 2 to Agreement No. 93 -144 with Jerry Manda (no change to $40 monthly lease rate), to extend term of lease for Hangar Space # A -2 at the Municipal Airport. Y. Amendment No. 1 to Agreement No. ED11 -012 with AmerlNational Community Services, Inc. ($44,000; not to exceed $84,000), to provide loan and related financial services for the City's Single - Family Rehabilitation, Multi - Family Rehabilitation, Commercial Loans and Down Payment Assistance loan programs. Z. Amendment No. 1 to Agreement No. 12 -098 with Stay Green, Inc. ($300,000; revised not to exceed $600,000 and extend term one year), for tree trimming. 4 City Council Meeting of 06/05/2013 8. CONSENT CALENDAR continued (Ward 2,4,5) aa. Contract Change Order Nos, 54, 72, 75, 79, 83, 85, 87, 102, 108, 109, 110, 129, 133 and 134 to Agreement No. 09 -076 with Security Paving Company, Inc. (net decrease of $101,456.89; revised not to exceed $93,086,029.52), for the construction of the Westside Parkway Phase 2 Project, (TRIP) (Ward 2) bb. Contract Change Order No. 15, 20, 24, 26, 35, 38, 42, 43, 44, and 46 to Agreement No. 10 -168 with Security Paving Company, Inc. ($352,488.06; revised not to exceed $24,378,248,39; change orders funded with traffic Impact and utility surcharge fees), for the construction of the Westside Parkway Phase 4 Project. (TRIP) (Ward 4) cc. Contract Change Order No. 22 to Agreement No. 11 -144 with Security Paving Company, Inc. (net decrease of $176,064.27; revised not to exceed $12,262,134.43), for the construction of the Westside Parkway Phase 6B Project. (TRIP) Bids: (Ward 6) dd. Accept base bid plus additive alternate No. 1 and approve contract with Day's Generator Service, Inc. ($129,413), to furnish and install a standby generator at Fire Station No. 7. (Ward 2) ee. Accept bid and approve contract with Day's Generator Service, Inc. ($132,290), to furnish and Install a standby generator at Fire Station No, 1. ff. Accept bid and approve contract with Safeway Sign Company (not to exceed $110,693.40), for the annual contract for traffic signs. (Ward 1) gg. Accept bid and approve contract with Kern Asphalt ($266,114), for paving at the Green Waste Facility. (Ward 1) hh. Accept bid and approve contract with Bowman Asphalt, Inc. ($642,426), for Pavement Rehabilitation 2013 Phase 3 - Dr, Martin Luther King Jr. Blvd. from Wilkins Street to E. California Avenue. (Ward 2) ii. Accept base bid and approve contract with Brown and Fowler Construction, Inc. ($331,000), for Beale and Saunders parks playground rehabilitation projects. jj, Accept bid and approve contract with Allied Weed Control, Inc. ($388,905), for the application of herbicides. Miscellaneous: (Ward 1) kk. Transfer $25,000 from a currently budgeted CIP project (Replace Hangar Doors -Kern Chapter) to a new CIP project for security cameras at the Municipal Airport within the General Aviation Fund. Appropriate $79,667 Federal Grant funds from the USDA Forest Service and $54,125 State Grant funds from the California Emergency Management Agency to the Fire Department Operating budget within the General Fund for reimbursement of personnel costs on state -wide master mutual aid assignments. mm. Appropriate $10,000 Prevention Revenue in the Certified Unified Program Agency (CUPA) Fund Operating Budget for a televised Public Service Announcement (PSA) on pool safety. City Council Meeting of 06/05/2013 8. CONSENT CALENDAR continued (Ward 2) nn. Budgetary actions regarding Centennial Corridor; (TRIP) 1. Appropriate $17,706,000 in Federal SAFETEA -LU funding to the Capital Improvement budget within the TRIP Federal /State fund for continued environmental and advanced preliminary engineering work on the above project. (Ward 2) oo. Final Map (only) with the City, Successor Housing Agency, by operation of law to the Bakersfield Redevelopment Agency, as recorded owner, for Tract 7209 located north of California Avenue and west of S Street. pp. Authorize the Finance Director to write off accounts receivable in various funds totaling $152,817.49 and forward non bankrupt accounts to a collection agency for additional collection efforts. qq. Department of Housing & Urban Development (HUD) Action Plan Amendments; 1. FY10 /11 Action Plan Amendment 10, FY11 /12 Action Plan Amendment 3, and FY12 /13 Action Plan Amendment 4. 2. Transfer $312,380 operating savings from Acquisition and Demolition funds and transfer $1,397,387 capital project savings from various Capital Improvement Projects within the CDBG Fund to the CDBG Operating budget for costs associated with acquisition and /or construction of affordable housing by a Community Based Development Organization (CBDO). Successor Agency Business: rr. Receive and file successor agency payments from May 3, 2013, to May 21, 2013, In the amount of $105.30. Staff recommends adoption of Consent Calendar items 8a. through 8.rr. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2013 -2014 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of Resolution.) b. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2013 -2014 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of Resolution.) C. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for seventeen (17) Traffic Signal Maintenance Districts and the 2013- 2014 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of Resolution.) City Council Meeting of 06/05/2013 9. CONSENT CALENDAR PUBLIC HEARINGS continued (Ward 5) d. Public Hearing to consider Resolution ordering the vacation of a sewer line easement and sewer lift station easement on the north side of McCutchen Road between Progress Road and Gosford Road, (Staff recommends adoption of Resolution) (Word 6) e, Public hearing to consider Resolution ordering the summary vacation of a public utilities easement located south of Ming Avenue and west of Canter Way. (Staff recommends adoption of Resolution.) f. Public hearing to consider Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City (Proposed 1.98% Increase). (Staff recommends adoption of Resolution.) 10. HEARINGS a. Public Hearing for the Fiscal Year 2013 -2014 Operating and Capital Improvement Program Budgets. Staff recommends Councll hear public testimony. b. First Reading of Ordinance adding Section 17,04.463 and amending Section 17,08.050 of the Municipal Code relating to medical marijuana dispensaries, For City Council's Consideration. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 05/30/13 2,30pm Respectfully submitted, "-O� C�-� c Alan Tandy City Manager City Council Meeting of 06/05/2013 U AGENDA HIGHLIGHTS June 5, 2013 COUNCIL MEETING REGULAR MEETING - 3:30 p.m. NOTE: In accordance with the new starting time for City Council meetings that went into effect as of 2013, a separate meeting will be called to order at 3:30 p.m., followed by Public Statements that will encourage comments pertaining only to those Items agendized for the 3:30 session. Following three department budget presentations, the Council will recess Into Closed Session. Upon conclusion of the Closed Session, any Closed Session action will be announced and the 3:30 p.m. meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the remainder of the agenda Items. Item 3a. Department Budget Presentations. The proposed FY 2013 -14 budgets for Rabobank Arena, Theater & Convention Center, Bright House Networks Amphitheatre, San Joaquin Hospital Ice Center of Bakersfield; the Convention and Visitors Bureau; and the Fire Department will be presented. The Recreation and Parks Department budget presentation will follow later under Workshop item 6a. during the 5:15 meeting. There will also be a presentation and possible action on budget alternatives suggested by Councilmembers to date. Item 3b. There will be a conference with Legal Counsel regarding two cases of existing litigation. REGULAR MEETING - 5:15 p.m. Note: As we progress towards the approval of the FY 2013.14 budget, you will notice there are multiple items throughout this agenda that are related to next year's budget. This includes a presentation, under Workshops, related to various Council budget referrals In which staff will provide options and seek Council direction. There are several Resolutions related to the adoption of sewer connection fees, residential refuse charges, and sewer and storm sewer user charges, all of which staff Is recommending no Increases for. In addition, there are several items under the Consent Calendar Public Hearings portion of the agenda In which staff is recommending the annual budget approval for the Consolidated Maintenance District and collection of several assessments related to park and street landscaping as well as approval of the budget and assessments for the Traffic Signal Maintenance Districts. V •;. i Item 6c. Overview of TRIP Financing. Staff will be providing a presentation regarding the current status and future actions associated with financing the Thomas Roads Improvement Program. ri Item 81. Resolution of Intention Establishing a Police and Fire Services Community Facilities District for the West Mina Specific Plan Area. This item initiates a multi -step process to form a Community Facilities District to provide funding for Fire and Police protection services needed for the development of the West Ming Specific Plan Area. The formation of this district is a component of a Development Agreement which was entered into by the City, Castle & Cooke and Bolthouse Properties in 2007. Future steps include conducting a Public Hearing as well as an election of the properties owners included in the district. Item 8m. Disposition and Development Agreement with Golden Empire Affordable Housing, Inc. ll. This Agreement facilitates the Park 20th Apartments Project, formerly known as the 20th Street Housing or 20th Street Veterans Project. This project consists of the construction of a minimum 56 -unit affordable housing complex by Golden Empire Affordable Housing, Inc. II. The completion of this project is a requirement of the $10.8 million Proposition IC grant awarded to the City as part of the larger Mill Creek improvements. Once completed, this housing will be leased to veterans and households earning 50 percent of the area median income or less. A total of 25 units will be specifically designated for homeless and low- income veterans. Item 8t. Haaeman Flover Project_ Cooperative Aareement With the __State _of_ California Department of Transportation (Caltrans). The Hageman Flyover Project is part of the Thomas Roads Improvement Program. The project includes improvements to Hageman Road and a bridge over the State Route 99 freeway, with a connection and improvements to Golden State Avenue. This Cooperative Agreement outlines the responsibilities of both the City and Caltrans with respect to the PA &ED, PS &E and ROW phases of the project. This agreement is a requirement for obtaining federal funds for these phases of work. Items Sao, bb & cc. Contract Change Orders with Security Paving Company for the Westside Parkway Project - Phases 2. 4. and 6B. These items include multiple change orders associated with work on the above listed phases of the Westside Parkway Project. Two of the items include net decreases in the City's contract with Security Paving while one includes a net increase. When each of these items are combined, the result is a net increase of just under $75,000 to the City. Item 8nn. Budgetary Actions Regarding Centennial Corridor. As part of the Thomas Roads Improvement Program, the Centennial Corridor Project will connect interstate 5 to State Route 58 via the Westside Parkway. Previously, the City received approval from Caltrans to spend $22,132,500 for the environmental phase of the project. The City recently received authorization to spend an additional $17,706,000 to complete the environmental document and begin advanced preliminary engineering. This action is necessary to properly account for this newly authorized funding from Caltrans. Agenda Highlights - June 5, 2013 Council Meeting Page 2 Item 10a. Public Hearing for the Fiscal Year 2013 -2014 O eg. rating and Ca itp al Iml2rovement Program Budgets. This item provides for an opportunity for the Council to receive public comment on the City's proposed budget prior to its adoption. Final adoption of the budget is scheduled for June 26, 2013. Item 10b. First Reading of an Ordinance relating to Medical Marijuana Dispensaries At the request of Councilmember Maxwell, the City Attorney's Office has drafted an ordinance for City Council consideration which would make medical marijuana dispensaries a prohibited use in every zone of the City of Bakersfield. The enactment of this ordinance will essentially codify a previous City Council Resolution, passed in 2004, which already prohibits medical marijuana dispensaries in the City of Bakersfield. This ordinance is consistent with a recent ruling by the California Supreme Court which upheld a similar ordinance in the City of Riverside. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - June 5, 2013 Council Meeting Page 3 MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops ITEM: J-4 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 27, 2013 SUBJECT: Department Budget Presentations 1. Rabobank 2. Convention and Visitors Bureau 3. Fire Department APPROVED DEPARTMENT HEAD CITY ATTORNEY v CITY MANAGER BACKGROUND: Staff from Rabobank and the Convention and Visitors Bureau, and the Fire Department, will provide a detailed overview of their FY 2013 -14 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. AT:ch:al 5/29/13 S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Presentation 06.05.13 - Rabobank, CVB, FD.docx 11111 1 - (. ��I�IJllrn. ADMINISTRATIVE REPORT MEETING DATE June 5, 2013 AGENDA SECTION: Closed Session ITEM: y, a . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney May 23, 2013 APPROVED DEPARTMENT HEAD 1/9 CITY ATTORNEY CITY MANAGER Conference with Legal Counsel — Existing Litigation Closed session pursuant to Government Code section 54956.9(d) (1) • Caitlyn Lomond, et al. v. City of Bakersfield Kern County Superior Court Case No. S- 1500 -CV- 275123 SPC • Joe R. Slaughter, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. S- 1500 -CV- 271472 LHB VG:Isc S: \COUNCIL \CI Sess\ Admins \12- 13 \6- 5- 13ExistLit.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Presentations ITEM: q. q. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: May 21, 2013 OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to Lance McCullah, declaring June 5, 2013, "Lance McCullah Day" in Bakersfield. RECOMMENDATION: BACKGROUND: krt May 20, 2013, 11:26AM 9 A � r ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Presentations ITEM: y. h. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: May 21, 2013 PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a picture plaque to Linda Jay, Chief Executive Officer of the Bakersfield Association of Realtors, and David Knoeb, President of the Bakersfield Association of Realtors, honoring the Bakersfield Association of Realtors' beautification efforts. RECOMMENDATION: BACKGROUND: krt May 22, 2013, 9:23AM A ADMINISTRATIVE REPORT IF O MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops ITEM: 4.4. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 27, 2013 SUBJECT: Department Budget Presentations 1. Recreation and Parks DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED BACKGROUND: Staff from the Recreation and Parks Department will provide a detailed overview of their FY 2013 -14 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. AT:ch:al 5/29/13 5: \13 -14 BUDPRO \Budget Admins, Resos \Budget Presentation 06.05.13 - RP.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops ITEM: (, b , TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 29, 2013 SUBJECT: Budget Referral Update RECOMMENDATION: Staff recommends alternative A or B as outlined below. BACKGROUND: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED During the City Council Meetings of April 17 and May 1 three budget related requests were made which included potential amendments to the Proposed Budget and required responses from staff. Due to the nature of the budget requests, staff is responding to all three in one memo to provide a comprehensive look at the requests in relation to funding availability. General Fund Reauests- Re uest Date Councilmember Amount Contribution to Beale Band A ri117, 2013 Sullivan $5,000 — $10,000 Contribution to Bakersfield Symphony Orchestra May 1, 2013 Hanson, Maxwell, Johnson $7,500 - $50,000 10 Additional Sworn Positions I May 1, 2013 lJohnson $1,315,000 Potential Fundina Sources- Source Amount Council Contingency $250,000 Revised General Fund Revenue Projections $210,000 Savings from Reduced Overtime — Public Works Signing and Marking $20,000 Eliminate Remainder of General Fund Proposed Positions Not Recommended $396,053 Freeze All Non -Sworn General Fund Vacant Positions (Not Recommended) $1,400,000 Resolution of County Disputes (FY 13 -14 Estimated Amounts) (Time Frame for Resolution Indeterminate $1,162,180 AT:ch:al S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Update 06.05.13 - Referral Presention.docx Recommendation Staff recommends pursuing either of the following alternatives: A) Fund four additional Police Officer positions using Council Contingency, revised General Fund Revenue projections and savings from reduced overtime as a result of the restoration of the Signing and Marking position within Public Works. - Additionally, give staff direction to apply revenues wrongfully captured by Kern County to sworn Police positions if the issues are favorably settled. This would fund approximately 8 additional sworn positions if applicable to a full year. It should be noted that a short term settlement is not expected. B) Utilizing the same funding sources as above, but fund three full time Police Officer positions and one Police Service Technician, leaving a balance to make contributions at a level to be designated by City Council to the Symphony and Beale Band Concerts. The approximate balance available for the contributions would be $37,000. Background Information 10 Additional Sworn Positions for Police Department As proposed by staff, the FY 2013 -14 Budget includes the restoration of 10 sworn officer positions and four civilian positions to the Police Department complement to address critical service demands. The addition of the sworn officers would result in the largest sworn complement in the Department's history at 389 positions. The request for 10 additional sworn positions would increase the sworn complement to 399. The recommended make -up of the 10 additional sworn positions would be two Sergeants and eight Police Officer positions. The estimated cost for the positions is approximately $1,315,000. The cost includes salary and benefits, equipment and three police vehicles. After analysis, staff has identified available funding for four Police Officer positions that would not require the need to reduce other General Fund proposed positions or freeze currently authorized, but vacant positions in the General Fund. The addition of the four officers would preclude the ability for the City to provide a contribution to either the Beale Band or Symphony. AT:ch:al S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Update 06.05.13 - Referral Presention.docx Beale Band Contribution Historically, the City had contributed to the Beale Band Concerts through a contribution appropriated within the Recreation and Parks Department's General Fund budget. Due to the recession, the City has not contributed funds to the Beale Park Band since FY 2008 -09. Bakersfield Symphony Orchestra Contribution Due to the recession, the City has not contributed funds to the Symphony since FY 2009- 10. The amount of the contribution was generally $50,000 per year. The most recent Symphony contribution, as a well as multiple other items and positions were reduced or removed from the City's budget due to the severe economic hardship experienced over the past four fiscal years. General Fund Funding Availability The following is an outline of potential funding sources for the budget requests: Council Contingency, Updated General Fund Revenue Projections and Overtime Savinas As proposed, the Council Contingency is budgeted at $250,000 for FY 2013 -14. This amount is available for use by the Council for the addition of positions. Additionally, since the proposed budget was unveiled in May, staff has continued to monitor trends in General Fund revenue for the current fiscal year and update projections for next fiscal year. Most all revenues continue to be on track with estimates and projections for the upcoming fiscal year. However, Developer related fees and charges are tracking slightly higher than projections. As such, staff has determined a positive adjustment of $210,000 for FY 2013 -14 is warranted. Furthermore, the proposed restoration of the Service Maintenance Worker for Signing and Marking will result in an approximately $20,000 savings in overtime. This amount can be reallocated toward funding of additional sworn staff. Combined, these sources yield sufficient resources for an additional 4 sworn Police Officer positions at an approximate cost of $480,000. The funding is immediately available to be included in the FY 2013 -14 budget without negatively impacting other City departments personnel complements. AT:ch:al S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Update 06.05.13 - Referral Presention.docx BA tv O� as S ADMINISTRATIVE REPORT General Fund Proposed Positions - Other Departments Not Recommended) Position Department/Division Position Cost Management Assistant Executive - City Manager's Office $ (72,283) Accounting Clerk Fire - Administration $ (25,418)* Service Maintenance Worker Public Works - General Services $ (52,680) Service Maintenance Worker Public Works - Streets $ (48,466) Service Maintenance Worker Public Works - Streets $ (48,466) Building Inspector Comm. Dev. - Building $ (74,370) Building Permit Tech Comm. Dev. - Building $ (74,370) General Fund Proposed Positions Total $ (396,053) " 50 percent funded with CUPA Revenues (Non - General Fund). As the economic conditions improve, all City departments are experiencing increased service demands. The balance of the positions proposed for restoration outside of the Police Department is critical to addressing these demands. As such, the City Manager's Office is not recommending the substitution or reduction in positions from other departments to offset the cost of an additional amount of sworn positions at this time. If the City Council were to pursue this option, the savings would be sufficient for the addition of 3 Police Officer positions. Freeze Authorized Vacant General Fund Positions (Not Recommended) Should the City Council wish to fund police positions above the level of the Council Contingency, increased General Fund revenue projections, the potential County settlement value and the proposed additional non -sworn General Fund positions, the next suggested option would be to freeze the hiring for vacant authorized non - Police General Fund positions already within the complement. Freezing vacant positions is less costly then organizational cuts due to the unemployment and severance costs. This action would save approximately $1,400,000 and equates to the addition of 9 Police Officers and 2 Sergeants. The amount would fluctuate slightly based upon vacant General Fund positions at the time of budget adoption. Concurrently, staff is not recommending the reduction of other department's General Fund proposed appropriations to offset the cost of additional sworn positions. Impacts to critical City operations such as street maintenance would be adversely affected under such a plan. Departments continue to maximize available resources and such a negative adjustment would further damage services and staffing levels which have yet to fully recover from pre- recession levels. AT:ch:al S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Update 06.05.13 - Referral Presention.docx 0� o.� U C r� ADMINISTRATIVE REPORT Resolution of County Disputes (Time Frame for Resolution Indeterminate Action FY 2013 -14 Estimated Amount i Resolved Property Tax MOU $(736,180) Fire Fund JPA $(211,000) Additional Litigation Costs $(215,000) Total $(1,162,180) The monies estimated to be withheld by the County in FY 2013 -14 and the additional costs associated with litigation in these matters would otherwise be available to fund the majority of the requested amount of additional sworn positions. Absent the impacts of the County's actions, staff would be able to consider recommending a broader restoration of sworn positions. This amount equates to approximately 8 additional sworn positions - 7 Police Officers and 1 Sergeant. It should be noted that the resolution of these disputes maybe a long way off since both involve litigation. Should there be an unexpected early resolution, however, staff is comfortable with recommending the proceeds be used this way. Summary The following table summarizes the potential actions and the equivalent sworn positions equated to each specific action described above. Each action and staffing level change is in addition to the 10 sworn positions currently in the Proposed Budget. If the Council wishes to concurrently consider providing a contribution to the Symphony and Beale Band, as well as adding sworn officer positions, it is recommended to replace one sworn officer position with a Police Service Technician position, which will make funding available for the contributions. AT:ch:al S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Update 06.05.13 - Referral Presention.docx � � I U ^^ O t' Yl ADMINISTRATIVE REPORT Impacts of Potential Actions Action Equivalent Sworn Proposed Change Positions Sworn Over FY 12 -13 Complement Staffing Levels w /Action Sworn Position Additions within FY 13 -14 Proposed -10 389 +10 Budget Use of Council Contingency and Increased Revenue 4 393 +14 Projections (Recommended) Eliminate Proposed General Fund Positions 3 392 +13 (Not Recommended) Freeze Authorized Vacant General Fund Positions 11 400 +21 (Not Recommended) Resolution of County Disputes (Time Frame for 8 397 +18 Resolution Indeterminate) Furthermore, per Council direction, staff is currently working on a strategic plan which will analyze the resources and staffing levels needed for the Police Department to achieve response and service- related goals. The plan will be presented to the City Council prior to the unveiling of the FY 2014 -15 proposed budget in spring 2014. A presentation outlining this information will be made during the June 5, 2013 City Council meeting. AT:ch:al S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Update 06.05.13 - Referral Presention.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops ITEM: , . G, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 23, 2013 SUBJECT: Overview of TRIP Financing RECOMMENDATION: BACKGROUND: No action required. APPROVED DEPARTMENT HEAD /!fJ CITY ATTORNEY A�� CITY MANAGER Staff will provide a power point presentation to update the Council on the current status and future actions associated with financing of the Thomas Roads Improvement Program. n ks S:tadmin %admin reports\Admin - ordinance items - 2nd reading for road funding actions 2013.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8, a , TO: Honorable Mayor and City Council AP /PROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: May 23, 2013 CITY ATTORNEY CITY MANAGER _ SUBJECT: Approval of Minutes of the May 15, 2013, Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: r9 F A.4 f ADMINISTRATIVE REPORT U O MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: F -h . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 21, 2013 CITY ATTORNEY CITY MANAGER _ SUBJECT: Receive and file department payments from May 3, 2013 to May 21, 2013 in the amount of $16,756,455.55, Self Insurance payments from May 3, 2013 to May 21, 2013 in the amount of $256,681.37, totaling $17,013,136.92 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: May 21, 2013, 8:54AM S:\Kim G\ADMIN \COUNCIL - ADMIN- AP- 2013\ADMIN —AP 060513.doc A � OF� eAr��'� ADMINISTRATIVE REPORT c LI MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: F. G , TO: FROM Honorable Mayor and City Council Art Chianello, Water Resources Manager DATE: May 23, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: First reading of Ordinance amending Section 14.04.120 of the Bakersfield Municipal Code relating to Rates and Fees (Portions of Wards 4, 5, 6 & 7). RECOMMENDATION: Water Board recommends first reading of the ordinance. BACKGROUND: Water availability fees are necessary to compensate the City for the expense incurred in furnishing source, storage, and water distribution facilities. Under the existing Ordinance the water availability fee is only required to be paid at the time of final map recordation. There are projects where the developer does not have to record a final map, for example, a project under the authority of a Conditional Use Permit. As a result there are scenarios where the water availability fee is not required and never collected. Pursuant to this proposed amendment, the water availability fee will be required to be paid at the first occurrence of either the issuance of a building permit or the recordation of a final map. This change is necessary to ensure that the City receives the required availability fee in the rare instances when no final map is recorded on a project. The proposed amendment to the Ordinance was presented by Water Resources staff to the Water Board at its May 8, 2013 public meeting, and the Water Board unanimously approved the amendment and recommended that the ordinance be forwarded to the City Council for first reading of the Ordinance. mr SA2013ADMIN REPORTSWune5Amemendmtto OrdinanceAvailFee Admin Report.doc/ MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 9.4, TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: May 16, 2013 CITY ATTORNEY CITY MANAGE SUBJECT: Adoption of ordinance amending the text of various sections of Chapter 17.60 of the Bakersfield Municipal Code relating to signs. (All Wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on May 15, 2013. This item was referred to the Legislative and Litigation Committee at the Council meeting of March 20, 2013. On April 22, 2013, the Committee reviewed the proposed amendments and unanimously recommended the Council adopt the changes as recommended by staff and the Planning Commission. Additionally, the Committee discussed modifying promotional window signs, which was under separate consideration by Councilmember Maxwell due to a business inquiry. After discussion with staff, it was recommended that the maximum window coverage for promotional advertising be increased from 25 percent to 40 percent, that the 32- square foot maximum area limitation be removed, and that these signs be allowed on three building elevations instead of two. These changes were also unanimously supported and recommended to be included with the other amendments to the sign ordinance. The proposal involves a number of changes to the sign regulations in the Zoning Ordinance. The main amendment will allow use of projecting signs in the downtown and Baker Street areas; this was initiated by the Planning Commission. However, staff has also included other modifications to update and /or reflect current procedures, which are intended to improve the ordinance. Projecting signs have been prohibited since 1976 when the City's first comprehensive sign regulations were adopted. At that time, many communities were regulating signs as a way to improve community design and many types of signs were viewed as contrary to that goal, May 10, 2013, 8:19AM JGE: SADana \ADMINS \2013 \JUNE\6 -5 -Sign Ord Amendments - Administrative Report - adoption.docx ADMINISTRATIVE REPORT including brightly lit or flashing signs, roof - mounted signs, moving signs, and projecting signs. With the revitalization of downtowns and older commercial core areas, projecting signs have been more positively viewed as a way to increase business identification and attraction, as those areas are beginning to experience and encourage a more pedestrian- oriented character. The Commission formed an Ad -Hoc committee to review ordinances from communities that allowed projecting signs in their downtown areas. These included the cities of Pasadena, Glendale, Visalia, and Santa Barbara. The Committee also took a walking tour of downtown to visualize how projecting signs could be used. After holding three public meetings on May 23rd, June 13th and July 18th, 2012, and considering the various regulations, the Committee finalized a recommendation, which was endorsed by the full Commission. Since the sign regulations were being amended, staff took the opportunity to modify other areas within Chapter 17.60 to update and /or reflect current procedures. A discussion of each change is summarized in the table below: Section Discussion Projecting Signs (new): 17.60.070 H. Adds the use of projecting signs in the Central District and Old Town Kern areas (see previous discussion above). Comprehensive Sign Plans (modify): Corrects that signatures are required by the property owner, not the business owner. This 17.60.030 A. change is consistent with other land use applications that require the property owner sign the application. A public hearing notice is already required to be provided to the affected business owners. Additionally, since redevelopment areas and the Agency no longer exist, subsection 2 is being removed. Pylon Sign prohibition (modify): The current prohibition of pylon (or pole) signs impacts the shopping center at the northwest corner of Coffee Road and Stockdale Highway (Albertsons /Trader Joes), which 17.60.050 C.4. has existing pylon signs. It was never intended for this center to be forced to remove those signs since the prohibition was mainly oriented to prohibit pylon signs along the Kern River Parkway. This corrects this oversight and allows the center to keep its signs so they can be repaired and /or updated. C -O zone signs (add): 17.60.060 B.2. Allows the addition of monument signs for larger centers with over 500 feet of street frontage. This will help lessen the likelihood of a comprehensive sign plan being used as a variance process to just add more monument signs. May 10, 2013, 8:19AM JGE: S: \Dana \ADMINS \2013 \JUNE\6 -5 -Sign Ord Amendments - Administrative Report - adoption.docx ADMINISTRATIVE REPORT May 10, 2013, 8:19AM JGE: S: \Dana \ADMINS \2013 \JUNE\6 -5 -Sign Ord Amendments - Administrative Report - adoption.docx C -1 zone signs (add /modify): • Allows the addition of monument and pylon signs for larger retail centers with long street frontages; additional monument signs would match the C -O zone; one additional pylon sign would be permitted for street frontages over 1000 feet. 17.60.060 B.3. • Shingle sign clearance is being reduced from 8 feet to 7 feet. This was part of the recommendation by the Ad Hoc Committee as it was found downtown that most canopies only have an 8 -foot clearance leaving no room for a sign; the existing signs had only a 7 -foot clearance. This change would reflect current practice. • Formally establishes a 1 -foot separation between menu boards. C -2 zone signs (add /modify): • Same changes as noted above in a C -1 zone for consistency. • Adds M zones to follow the some sign standards as the C -2 zone. The M sign standards would be allowed a larger ( +75 sf) and taller ( +5 ft) pylon sign and more 17.60.060 B.4. & 5. wall sign area ( +75 sf); all other regulations between these zones are the same. Since the M zones allow all C -2 uses by right, M zones are usually not next to neighborhoods, and in many instances C -2 and M zones are clustered together, this change allows more consistency (and equity) of sign regulations for businesses. Auto Mall signs (add /modify): 17.60.060 13.!�.8. Same changes as noted above in a C -1 zone except it does not increase the number of pylon signs (since businesses are already allowed two pylon signs along each street). Promotional Window Signs (modify): 17.60.060 B.2,3,4,8 Increase window coverage for promotional advertisements in the C -O, C -1, C -2 /M and Auto mall areas from 25% to 40 %, remove the 32 square -foot size limitation, and allow on three building elevations. (Recommended by the Legislative and Litigation Committee) Freeway Oriented Signs (add): Adds the Olive Drive /SR 99 and Taft Highway /SR 99 interchanges to the list of intersections that are allowed freeway oriented signs. These signs are taller (75) and larger (350 sf), and 17.60.070 D.1. are limited to being within specific areas around interchanges along SR 99 for freeway oriented businesses (i.e. fuel, food, and lodging). Since the City has recently annexed property at both the Olive Drive and Taft Highway interchanges, signs for existing and future freeway oriented businesses in these areas will be consistent with other freeway oriented businesses along SR 99 (equal treatment). Skyline Signs (modify): 17.60.070 F.8. Allows a skyline sign to have two lines instead of one. There are many older signs with two lines that would become conforming signs and would reflect current practice. A second line is usually requested for logos and secondary business information. May 10, 2013, 8:19AM JGE: S: \Dana \ADMINS \2013 \JUNE\6 -5 -Sign Ord Amendments - Administrative Report - adoption.docx ADMINISTRATIVE REPORT The addition of projecting signs will result in further promoting businesses and enhancing the pedestrian - friendly character of the downtown and Old Town Kern areas. The other modifications to the sign regulations are necessary to better reflect current practices. These changes will not result in creating legal non - conforming signs, but will instead enhance opportunities to improve business identification. There were no public comments on the proposed changes. The Planning Commission and Legislative and Litigation Committee unanimously recommended approval of the text amendments at their respective meetings and recommends adoption by the City Council. This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility that adoption of the proposed ordinance amendments will have a significant effect on the environment. May 10, 2013, 8:19AM JGE: S: \Dana \ADMINS \2013 \JUNE\6 -5 -Sign Ord Amendments - Administrative Report - adoption.docx A u ADMINISTRATIVE REPORT u MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. e . TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD MM DATE: May 2, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zoning (pre- zoning) on 75 acres zoned R-1 (Low Density Residential) and 5 acres zoned E(5) RS PE (Estate 5 Acres, Residential Suburban Combining, Petroleum Extraction Combining) in the County of Kern, to the City zone district of R-1 (One- Family Dwelling) on the entire 80 acres, located at the southwest corner of Renfro Road and Noriega Road. (ZC # 12 -0463 - McIntosh and Associates representing Black Ops Real Estate VIII) (Ward 4 upon annexation) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: First reading of the ordinance was given on May 1, 2013. The zone change request consists of a pre- zoning to a City zone district of R-1 (One-Family Dwelling) on 80 acres from County zone districts encompassing 75 acres zoned R-1 (Low Density Residential) and 5 acres zoned E(5) RS PE (Estate 5 Acres, Residential Suburban Combining, Petroleum Extraction Combining). The site contains a residence and oil production equipment. The reason for the request is in preparation for the future annexation into the City of Bakersfield. The current city boundary is located approximately one -half mile east of the project site. There is one pending annexation (Annexation No. 639) between the project area and the current City limits. Annexation of the project site would allow for development of single - family residential homes. However, annexation of the project site and Annexation No. 639 are on hold, pending resolution of the dispute between the City and the County which relates to the County's re- interpretation of the master tax split agreement. May 10, 2013, 10:48AM Planner PE / S: \Dana\ADMINS\2013WUNE \6 -5 -0463 2.doc ADMINISTRATIVE REPORT On March 21, 2013, the Planning Commission held an advertised public hearing on this zone change request and recommended adoption by the City Council. No one spoke in favor or in opposition to the project at the Planning Commission hearing. Commissioners Kirschenmann, Lomas, Batey, Strong and Wade voted in favor of the zone change, and Commissioners Dodgin and Tkac recused. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing development in the area, therefore a Negative Declaration was prepared and advertised. May 10, 2013, 10:48AM Planner PE / S: \Dana\ADMINS\2013WUNE \6 -5 -0463 2.doc MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM 8. f . TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD2 !� DATE: May 13, 2013 CITY ATTORNEY A CITY MANAGER�— SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on May 13, 2013, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and /or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION Ward 1 1. 141 Augusta Street 2. 1401 Brook Street 3. 811 S. Brown Street 4. 1125 Brundage Lane May 13, 2013, 10:49AM /kd S: \Dana\ADMINS\2013UUNE \6 -5- Property Abatement_Demo.docx APN COST 018- 240 -13 $ 1,229.00 172 - 070 -09 $ 300.00 019 - 131 -09 $ 995.00 011- 060 -02 $ 105.00 ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 * 5. 205 E. California Avenue 139- 052 -02 $ 9,100.00 6. 130 Clifton Street 018- 390 -07 $ 300.00 7. 122 Dr. Martin Luther King Jr. Blvd. 018- 400 -06 $ 1,384.00 8. 305 Dr. Martin Luther King Jr. Blvd. 019- 181 -11 $ 1,040.00 9. 916 Dr. Martin Luther King Jr. Blvd. 018- 061 -13 $ 740.00 10. 720 S. Haley Street 019 -1 1 1 -03 $ 969.00 11. 105 S. Owens St 018- 270 -35 $ 710.00 12. 1 100 San Vicente Drive 171 - 145 -23 $ 105.00 13. 207 E. 1 1 th Street 139- 062 -09 $ 1,360.00 Ward 2 14. 617 Butte Street 016- 420 -03 $ 2,139.00 15. 2825 California Avenue 007 -031 -09 $ 675.00 16. 233 Eye Street 010- 280 -07 $ 1,099.00 17. 451 Lake Street 014- 250 -06 $ 1,225.00 18. 4409 Marella Way 020 - 482 -23 $ 750.00 19. 309 Monterey Street 014- 170 -03 $ 1,065.00 20. 1206 Oregon Street 015- 100 -15 $ 660.00 * 21. 1312 Robinson Street 015- 180 -09 $ 5,020.00 22. 210 17th Street 006- 123 -28 $ 300.00 * Demolished structures Ward 3 23. 3217 Arnold Street 021 - 382 -25 $ 735.00 24. 2111 Columbus Street 126- 010 -12 $ 105.00 25. 8102 Morningstar Avenue 531 - 011 -06 $ 725.00 26. 4100 University Avenue 146- 072 -22 $ 959.00 Ward 5 27. 1709 Angels Camp Street 380 - 063 -03 $ 750.00 Ward 6 28. 6204 Alderpointe Street 498 - 094 -13 $ 105.00 29. 3901 Cooney Way 441 - 094 -01 $ 300.00 30. 4000 Peachwood Court 403 - 230 -16 $ 775.00 31. 4704 Planz Road 441 - 182 -07 $ 300.00 May 13, 2013, 10:49AM /kd S: \Dana\ADMINS\2013UUNE \6 -5- Property Abatement_Demo.docx ADMINISTRATIVE REPORT PROPERTY LOCATION Word 7 32. 901 Berkshire Road 33. 1128 Kyner Avenue 34. 3225 Panama Lane 35. 8014 Stine Road APN COST 516- 360 -10 $ 520.00 412 - 171 -23 $ 1,169.00 515- 010 -29 $ 875.00 515- 040 -10 $ 725.00 The owners of the above - mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above - mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. May 13, 2013, 10:49AM /kd S: \Dan a\ADMrNS\2013\JUNE \6 -5- Property Abatement_Demo.docx F A ■+ S ADMINISTRATIVE REPORT IFO MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: ?.g. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 14, 2013 APPROVED s DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to California Government Code Section 34090, et seq. (Public Works Department) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Resolution No. 088 -10, approved on August 11, 2010, provided the Public Works Department authority to destroy certain obsolete records. Amendment No. 1 to this Resolution, approved on November 17, 2010, amended the retention policies for various departmental documents. Amendment No. 2, approved on January 12, 2011, repealed in its entirety the provisions of Resolution Nos. 088 -10 and 088 -10(1) pertaining to the Subdivisions Section of the Public Works Department and established a separate retention schedule for the Subdivisions Section. This Resolution repeals Resolution No. 088 -10 and its two amendments in their entirety. In addition, this item establishes one resolution for the management of Public Works Department documents in a more user - friendly format that clearly provides the retention schedule time frames for the documents. Exhibit "A" contains a list of the Public Works Department's documents along with the amount of time the documents must be retained. Government Code Section 34090 permits destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by City Council. gl G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin PW Retention Schedule.doc BAKE ADMINISTRATIVE REPORT U � 9LIF0 MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: Y.A. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: April 30, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution Adopting Sewer Connection Fees Pursuant to Section 14.12.380 of the Bakersfield Municipal Code. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Bakersfield Municipal Code (BMC) requires Sewer Connection Fees to be established each fiscal year by resolution. The current fee is $4,000 per single family dwelling unit, and the one- time fee is collected at the same time building permit fees are paid. Staff is recommending the sewer fee connection charges remain at their current levels for another twelve months; thus no increases are being proposed at this time. The sewer connection fees collected each year are used to help pay the annual debt service of the wastewater enterprise. The 2013 -2014 proposed budget estimates $5 million of connection fees will be collected and applied toward the budgeted $18.6 million of wastewater enterprise debt service. The balance of the debt service will be paid with other revenues of the wastewater enterprise, including residential and commercial user fees. If approved, this resolution will keep the current sewer connection fee structure in place for the 2013 -14 year. 4/25/2013 2:53 PM S:Wdmin\Admin ReportsWdmin - Adopting sewer connection fees.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8, i, TO FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: May 20, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Resolution providing for the collection of residential refuse charges by the Kern County Auditor - Controller's Office (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: For the fifth straight year, staff proposes no increase to refuse rates. This resolution is to formalize the same Fiscal Year 2012/13 rates for Fiscal Year 2013/14. Although the refuse hauler's contract will increase by 2.0% (adjusted annually by the Consumer Price Index), a sufficient fund balance exists within the Refuse Enterprise Fund to cover the increased costs of the haulers' contract. In light of the present economic and employment climate, staff proposes the use of Refuse Fund balance to absorb the haulers' cost increase and avoid imposing a rate increase on the general public. However, in order for the County to collect residential refuse charges on the Fiscal Year 2013/2014 tax roll, a new resolution providing for the collection of residential refuse charges by the Kern County Tax Auditor - Collector's Office is required. This action has no effect on the General Fund. If 5/7/2013 2:59 PM G:\ GROUPDAT\ADMINRPT\2013 \06 -05 \SW Admin Report Adopting 13 -14 Rates.doc A ADMINISTRATIVE REPORT U d c MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: S. J. TO FROM Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: May 7, 2013 APBR OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution providing for the collection of sewer and storm sewer service user charges by the Kern County Auditor - Controller's Office (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: For the second year, staff proposes no increase in residential or commercial sewer user rates for Fiscal Year 2013/2014. Sufficient fund balance exists within the Sewer Enterprise Funds to cover operation and maintenance costs for the two sewer plants, the sewer collection system, and debt service requirements. However, in order for the County to collect sewer service user charges on the Fiscal Year 2013/2014 tax roll, a new resolution providing for the collection of sewer and storm sewer service user charges by the Kern County Auditor - Controller's Office is required. rp 5/7/2013 4:16 PM G: \GROUPDAT \ADMINRPT \2013 \06 -05 \WW Admin Rpt Sewer Fee 13- 14.docx A ADMINISTRATIVE REPORT /FO MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: $: h . TO: FROM Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: May 20, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Collection of delinquent refuse and sewer charges by the Kern County Auditor - Controller's Office on Fiscal Year 2013/14 Property Tax Rolls (All Wards): 1. A Resolution providing for the collection of delinquent refuse fees by the Kern County Auditor - Controller's Office. 2. A Resolution providing for the collection of delinquent sewer fees by the Kern County Auditor - Controller's Office. RECOMMENDATION: Staff recommends adoption of Resolutions. BACKGROUND: Residential refuse, residential sewer, and commercial sewer accounts are billed on the Kern County property tax roll one year at a time, with the beginning of each fiscal year. However, new accounts added throughout the year are billed pro -rata by the City until the start of the next fiscal year. Unfortunately, some of these bills remain unpaid and become delinquent. These resolutions transfer the collection of delinquent pro -rata charges to the Kern County Auditor - Controller's Office as a one -time billing. This in turn allows the delinquent fees to be collected on the County tax roll and remitted to the City. Following is additional information regarding the delinquent prorated charges: Refuse: Out of approximately $95,000 billed for prorated services to new properties throughout the year, $936.36 remains delinquent. Staff proposes to place these delinquent charges on the Fiscal Year 2013/14 property tax roll. Sewer: Out of approximately $89,000 billed for prorated services to new properties throughout the year, $12,846.61 remains delinquent. Staff proposes to place these delinquent charges on the Fiscal Year 2013/2014 property tax roll. The number of delinquent sewer accounts is significantly higher than the number of refuse accounts because owners of newly constructed properties contact the Solid Waste Division for new refuse containers. Refuse containers are not delivered until the annual fee is collected. If 5/20/2013 10:20:57 AM G:\ GROUPDAT\ADMINRPT\2013 \06 -05 \WW and SW Delinquent Accts AdmRpt 13- 14.doc ADMINISTRATIVE REPORT Lt Sewer service is immediately available to owners of newly constructed properties; therefore, the Wastewater Division does not have a similar method of upfront collection. These charges are for services already rendered, at fee levels previously set by City Council. This action has no effect on the General Fund. If 5/20/2013 10:20:57 AM G: \GROUPDATWDMINRPT\2013\06 -05 \WW and SW Delinquent Accts AdmRpt 13- 14.doc BA E ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: S. /, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 28, 2013 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY pffi� CITY MANAGER SUBJECT: Resolution of the City of Bakersfield Declaring its Intention to Establish the City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan); to Levy a Special Tax therein to Finance Additional Police and Fire Services Required by New Development within the Community Facilities District. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In August 2007 the City entered into a Development Agreement (No. 07 -310) with Castle & Cooke California Inc., and Bolthouse Properties LLC (the "Developers ") regarding the future development of approximately 2,180 acres of land in west Bakersfield; more commonly known as the West Ming Specific Plan area. The Development Agreement is quite broad in scope. It provides the developers with certain assurances regarding the future development of their property and in exchange, it also provides the City with the ability to collect certain fees and special taxes to help mitigate various impacts this future development will have on City infrastructure, facilities and services. One of the components of the Development Agreement included the formation of a Community Facilities District. The original intent of the district was to provide financing for the operation and maintenance of public facilities and services, including salary and benefits of personnel, as well as capital costs related to public facilities and infrastructure, in southwest Bakersfield required to support the Project as described in the Development Agreement. There has been new legislation and litigation regarding tax exempt financing assistance to developers for public infrastructure since the adoption of the agreement back in 2007 and as a result, both the City and the developers have determined that the CFD should be formed for "services only" and will not include any mechanism to finance public infrastructure or public facilities. The general concern of the developers is that using tax exempt bonds to finance public improvements would potentially trigger prevailing wage requirements on any public infrastructure or facilities that might be constructed by the developers. Services to be included in the proposed district are Fire and Police Protection Services in the amount of $287 per residential unit annually for the first ten years of the agreement and $174 per residential unit annually for the remaining term of the agreement. Commencement of the first ten year period is to begin upon issuance of the first building permit for a residential unit within the project area, and only those residential units for which a building permit has been issued will be subject to the services tax. There are currently no residential units in the district boundaries. ADMINISTRATIVE REPORT Formation of a Community Facilities District is a multi -step process initiated by adoption of a Resolution of Intention (ROI), which is the item before you this evening. After the ROI is adopted there is a formal noticing procedure to inform the property owners and any residents who live within the proposed district area of the intent to form the district. There are only five property owners within the proposed district boundaries; the two developers (Castle & Cooke and Bolthouse Properties LLC) and three Consenting Parties (Houchin Blood Bank, Hoffman Hospice of the Valley and Kern Schools Federal Credit Union), so only the five property owners need to receive the notice. Further, the special tax will not apply to the three Consenting Parties unless residential homes are constructed on their land. A minimum 30 day period must elapse between the approval of the ROI and the public hearing. After this 30 day period has elapsed, then a noticed public hearing is held where the property owners and the public can comment for or against the formation of the district. Both the developers and the Consenting Parties have agreed to support the establishment of the CFD as stipulated in the Development Agreement. If the ROI is approved this evening, then the public hearing will be scheduled for the July 17, 2013 Council meeting date, at which time we will also bring forward an amendment to the Development Agreement to both clarify the "services only" aspect of the district formation and to add the Consenting Parties as signatories to the agreement. After the public hearing is completed the Council can call for the election to be held. The mailed ballots and waivers will have been collected by July 17 so that the election results may be read into the record on July 17. After the election results are read then the Council can either choose to approve, amend or deny the formation of the district and the collection of the special tax. Approval of the formation would be authorized by adoption of a Resolution as well as an approval for 1 St reading of an Ordinance; with 2nd reading tentatively scheduled for the August 14, 2013 meeting date. The Ordinance would become effective 30 days after the 2nd reading date and at that time the district would be officially formed. Collection of the special tax would not commence until such time as a residential building permit is issued for the area. Annual special taxes would be levied as described earlier in this report. The proposed district and the special tax collections both have a termination date that corresponds to the Development Agreement, which is 20 years from the date the agreement was approved (20 years from August 2007). So, if approved, the special tax would be levied annually on residential properties from the time of building permit until the year 2027, at which time the special tax would cease to be collected. Any and all funds collected during this time period would be used to offset the operational costs of Police and Fire protection services. n ks S:\admin\admin reports\Ndmin - csd formation - reso of intention only - west ming - June 2013 b.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: f.m. TO FROM: Honorable Mayor and City Council APPROVED Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: May 10, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Disposition and Development Agreement (DDA) with Golden Empire Affordable Housing, Inc. II to use a total of $3,250,000 in various housing funds to support the construction of a 56 -unit affordable housing complex at 400 20th Street. (Ward 2) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The Park 20th Apartments project (formerly described as the 20th Street Housing or 20th Street Veterans project) consists of the construction of a minimum 56 -unit affordable housing complex by Golden Empire Affordable Housing, Inc. II (GEAHI -II) on a 0.75 -acre site located at 400 20th Street (adjacent to the east side of Central Park). The Park 20th project is part of the Mayor's Ten -Year Plan to End Chronic Homelessness, providing permanent affordable rental housing. The completion of this project is also a requirement of the $10.8 million Proposition 1 C grant awarded to the City as part of the Mill Creek improvements. The one - bedroom apartments will be leased to veterans and households earning 50 percent of area median income (AMI) or less. A total of 25 units will be specifically designated for homeless and low- income veterans. In spring 2012, staff began negotiations with GEAHI -II regarding the financial deal points of the project, and in March 2013, the City Council approved an Exclusive Negotiation Agreement (ENA) with GEAHI -II for the project. Staff finds that GEAHI -11's performance on other City- assisted specialized affordable housing projects, such as the Residences at West Columbus (housing for emancipated youth at the intersection of San Dimas and West Columbus Streets) and Haven Cottages (housing for very low- income persons and persons transitioning from homelessness at South Union Avenue and White Lane), makes that organization an excellent partner to successfully implement the Park 20th Project. Additionally, GEAHI -11's status as both a non - profit Community Housing Development Organization (CHDO) under the HOME program and a Community Based Development Organization (CBDO) under the CDBG program optimizes the funding options available for the project. S:\Dana\HDMINS\2013\JUNE \6 -6 -Park 20th DDA Admin.Doc May 10, 2013 1:34 PM RB ADMINISTRATIVE REPORT FINANCING: Page 2 The Park 20th Apartment project has been envisioned for several years as evidenced by its inclusion as one the five affordable housing projects that were pledged to be built in support of the $10.8 million Proposition 1 C grant that was used to construct the Mill Creek and Q Street improvements. In order to support the construction of the Park 20th project, it was originally proposed that the City would provide monetary contributions of $250,000 in HOME funds and $3.0 million in Redevelopment housing funds to the project, as well as contributing the land appraised at $110,000. In December 2012, however, the State Department of Finance (DOF) disallowed the $3.0 million in Redevelopment housing funds as an "enforceable obligation" due to their own internal interpretation of the State Redevelopment dissolution law. The City has since filed suit against the State for the reinstatement of these and other improperly disallowed Redevelopment funds; however, the results of that suit are still pending. Staff is hopeful that the City will be able to achieve a positive result of its suit with the State and the $3.0 million in Redevelopment housing funds to be contributed to the project will be reinstated. In the event that should not occur, however, staff has developed a "contingency plan" in which the $3.0 million contribution would be replaced through a combination of federal HOME and CDBG funds that are remaining from completed projects, transferred from ongoing projects, or otherwise not currently designated for a specific project. In a separate but related agenda item, a total of $1,709,767 in CDBG funds are proposed to be reallocated for use as part of the Park 20th project. Currently unallocated HOME CHDO funds in the amount of $267,217 and CDBG funds in the amount of $1,023,016 are proposed to be used to comprise the balance of the $3.0 million contribution. As stated above, another $250,000 in HOME CHDO funds were previously allocated to the project to comprise the overall contribution of $3,250,000. The proposed DDA is drafted in such a manner that the $3.0 million combination of CDBG and HOME funds will only be used in the event that the Redevelopment funds are not reinstated. The balance of the project budget, totaling $7.6 million, will be provided through funds secured by GEAHI -II. The largest portion of this funding, $7.0 million, will be provided in one of two ways. One option, as originally envisioned by GEAHI -11, was to seek competitive nine - percent tax credits. While the Park 20th project is a good candidate to be approved for these tax credits, the process is competitive and sometimes can involve participating in several funding rounds before being successful. The other option, as now favored by GEAHI -II, is to pursue approximately $3,000,000 in State of California Multifamily Housing Program (MHP) funding for the project. If successful in obtaining this funding, the remaining $4.0 million can be obtained by applying for non - competitive four - percent tax credits. The four - percent tax credits would be preferable because, although they yield lower tax credit equity, they are not competitive, as opposed to the nine - percent tax credit award process which requires the project compete with other projects across the Central Valley for funding. The four - percent tax credit option would therefore be more certain and could accelerate construction of the project for allowing the funding to be secured more quickly. S: \Dana \ADMINS \2013 \JUNE \6 -5 -Park 20th DDA Admin.doc 5/14/2013 10:52 AM RB ADMINISTRATIVE REPORT Page 3 The deadline for GEAHI -II to apply for the MHP funding is within the next month, which is one reason why the DDA is being brought forward for approval at this time before final resolution has been achieved regarding the City's Redevelopment funding contribution. In order to be eligible for the MHP funding, GEAHI -II also must be able to demonstrate full control of the project site. For this reason, the DDA proposes to convey title of the site to GEAHI -II at this time. As a safeguard to the City's interest in the property, however, the DDA also provides that the property must be reconveyed back to the City if GEAHI -II does not secure all project financing within 18 months. A summary of the overall project financing is provided below. Park 20th Project Financing Source of Funds Estimated Amount City Contribution of HOME funds (previously allocated 250,000 City Contribution of (1) Redevelopment Housing, or (2) HOME CHDO, and CDBG funds $3,000,000 (1) 9% Tax Credits, or (2) Combination of 4% Tax Credits and State of California MHP Funds $7,000,000 Affordable Housing Program Funds $550,000 Land Contribution $110,000. Bank Loan and /or Deferred Development Fee $50,000 TOTAL FUNDS $10,960,000 CONCLUSION The Park 20'" project will provide a minimum of 56 units of much needed affordable housing to homeless and very low income veterans and households. According to the 2013 Homeless Census, there are at least 135 homeless veterans in Kern County. The project will also fulfill the affordable housing requirement associated with the City's Prop 1C grant. Likewise, GEAHI -II's track record with the City on successfully implementing similar projects makes that non - profit organization an excellent community partner to complete this project. S: \Dana \ADMINS \2013 \JUNE \6 -5 -Park 20th DDA Admin.doc 5/10/2013 1:34 PM ds MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: ?.A. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: May 21, 2013 DEPARTMENT HEAD APPROVED P9- CITY ATTORNEY 1/d CITY MANAGER_ _ SUBJECT: Agreement with Duane Morris (not to exceed $400,000) to provide outside legal services in the matter of City of Bakersfield v. Kern County, KCSC Case No. S -1500- CV- 279379, related to property tax and contract issues. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City has, since 1999, retained Duane Morris on a number of cases and the legal firm has produced exceptional results in favor of the City on many of the cases assigned. The City requested the firm of Duane Morris to represent the City in the legal action against the County of Kern and other necessary parties regarding tax and annexation issues with the County under the MOU. We believe the law firm of Duane Morris is best able to handle this action and has agreed to pursue this matter on a yearly flat fee basis and shall be handled primarily by Colin Pearce. VG:ac S: \COUNCIL \Admins \12 -13 Admins\ AttyAgrDuaneMor ris.Taxlssues.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8.0. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓G DATE: May 21, 2013 CITY ATTORNEY ✓� CITY MANAGER SUBJECT: Renewal of Agreements with Clifford & Brown for legal services re: General Miscellaneous Issues for ($75,000) and General Personnel Issues for ($75,000). RECOMMENDATION: Staff recommends renewal and approval of agreements with Clifford & Brown for legal services in the following matters: General Miscellaneous Issues for ($75,000) and General Personnel Issues for ($75,000). BACKGROUND: During the course of the year, the City is required to provide legal services to represent the City, its officers and employees with respect to various miscellaneous and personnel matters. This includes such matters as representing the City in personnel matters and advising the City in pre - litigation matters. Under the terms of our long -term contract with.Clifford & Brown, they offer such services at a very reasonable hourly rate. At the end of every fiscal year, these contracts are renewed. As such, the City desires to renew its legal services with Clifford & Brown for General Miscellaneous Issues in an amount not to exceed $75,000 and General Personnel Issues in an amount not to exceed $75,000 for fiscal year 2013/2014. GG:ac SACOUNCI AAdminA 12- 13\ Admins\ CB .BGeneralOutsideCounselAtlyAgrs .docx May 22, 2013, 10:50AM A OFy ADMINISTRATIVE REPORT i MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8.p. TO: Honorable Mayor and City Council FROM: Jena Covey, Risk Manager DEPARTMENT HEAD DATE: May 23, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Self- Insured Workers' Compensation Program Cost Containment Services APPROVED Agreement with Professional Dynamics, Inc. ($195,000; not to exceed $65,000 annually for a three year period, to provide utilization review services; and $300,000; not to exceed $100,000 annually for a three year period, to provide nurse case management services), for the Self- Insured Workers' Compensation Program. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: As medical costs continue to escalate in California, employers look to cost containment services to control costs for workers' compensation injuries. Utilization review and nurse case management services are two tools the City utilizes to ensure we provide appropriate medical care and monitor the medical necessity of physician prescribed treatment, all in an effort to control costs on workers' compensation claims. The contracts with the current providers for utilization review (Professional Dynamics, Inc.) and nurse case management services (Comprehensive Care Systems) expire on June 30, 2013. In 2004, utilization review laws were established which required claims administrators in California to follow a review process for the medical necessity of physician prescribed treatment. Professional Dynamics, Inc. has performed utilization review services for the City for the past six (6) years with satisfactory results. The City also utilizes nurse case managers who coordinate treatment for seriously injured workers and monitor their progress toward returning to work. Nurse case management services assist to prevent delays in treatment, review request for authorization of medical treatment, and assist the employee through difficult recovery periods. Comprehensive Care Systems has provided nurse case management services for the City for the past (6) years with satisfactory results. We have received responses from several firms, including the two incumbent firms. Staff recommends the City no longer contract separately for these services, but instead contract with Professional Dynamics, Inc. for both utilization review and nurse case management services for a three (3) year period commencing July 1, 2013. ADMINISTRATIVE REPORT Professional Dynamics, Inc. contracts not only our local nurse case management firm, Comprehensive Care Systems, to provide nurse case management services, but has access to additional nurses if service needs arise. It is more cost effective for the City to bundle the services and contract through Professional Dynamics, Inc. for nurse case management services than contract separately with the local nurse case management firm directly. The Professional Dynamics, Inc. proposal for pricing provides cost savings for the City for travel and wait time (half the stated hourly rate) for nurse case management, which was not part of the proposal for Comprehensive Care Systems. The proposal from Comprehensive Care Systems proposed a flat hourly rate identical to Professional Dynamics, Inc. with no provision for cost savings for travel and wait time. The City will experience cost savings by bundling these two services, instead of contracting separately for the services. Staff analyzed the City's experience and needs in the past three years and applied the new proposed pricing structure from Professional Dynamics, Inc. Through the analysis, the City would have received approximately $16,000 in cost savings over a three year period by bundling the service and contracting with one vendor. Professional Dynamics, Inc. meets the City of Bakersfield's criteria on experience, price, and knowledge of workers' compensation laws. The agreement allows the City to further reduce costs for the workers' compensation program and maintain a relationship with our local nurse case management firm. JLC F BA !� �wwe, S ADMINISTRATIVE REPORT LIFO MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: d , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 21, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY7 CITY MANAGER Approval of Tract Map and Improvement Agreement: Final Map and Improvement Agreement with Castle & Cooke California, Inc., a California corporation, for Tract 7161 Phase 2 located south of Chamber Blvd. and west of Windermere Street. (Ward 5) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. .. May 21, 2013, 2:33PM G: \GROUPDAT\ADMINRPT \2013 \06- 05 \T7161 -2 Map and IM AGR.doc BA cA 024 C s f° ADMINISTRATIVE REPORT c IF � F ♦ MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 9-r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 21, 2013 APPROVED DEPARTMENT HEAD G(L CITY ATTORNEY CITY MANAGER Approval of Parcel Map and Improvement Agreement: Final Map and Improvement Agreement with Bolthouse Development Company, LLC, a California Limited Liability Company authorized to do business in Bakersfield, California, for Parcel Map 11952 Phase 2 located south of Bolthouse Drive and west of Buena Vista Road. (Ward 5) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. .. May 21, 2013, 2:29PM G:\ GROUPDAT \ADMINRPT\2013 \06- 05 \PM11952 Phase 2 Bolthouse.doc C,pVAO14 tr ADMINISTRATIVE REPORT IF0 MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: B,S, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 21, 2013 APPROVED DEPARTMENT HEAL%',' CITY ATTORNEY CITY MANAGER SUBJECT: Design Consultant Agreement with Parsons Brinkerhoff (for an amount not to exceed $1,495,720.00 - 80% funded by federal monies, 20% local monies) for Construction Management Services for the State Route (SR) -58 GAP Closure Project. (TRIP) (Ward 1) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: This Agreement is for Construction Management Services for the SR -58 Gap Closure Project. The project consists of adding one lane in each direction of traffic on SR -58 from SR -99 to Cottonwood Road. Part of the work includes widening four bridge structures within the project limits and widening the westbound on -ramp at H Street. Public Works TRIP staff issued a Request for Qualifications /Request for Proposals (RFQ /RFP) for construction management services for the SR- 178 /Morning Drive interchange, the Westside Parkway Phase 6C, and the SR -58 Gap Closure Projects. The following seven firms responded to this RFP: AECOM (Bakersfield, CA) Caltrop (Fresno, California) Harris and Associates (Irvine, California) Mendoza and Associates (Fresno, California) MNS Engineering (Santa Barbara, California) Nolte and Associates (Bakersfield, California) Parsons Brinkerhoff (Los Angeles, California) Based on a review of their proposals, the selection committee invited the following firms to interview with the committee: AECOM, Caltrop, Mendoza and Associates, Nolte and Associates, and Parsons Brinkerhoff. Based on the rankings of the proposals and the interviews, Parsons Brinkerhoff was selected as the most qualified to provide construction management services for the SR -58 Gap Closure Project. In accordance with federal procurement procedures for these types of services, after Parsons Brinkerhoff was selected, their cost for providing these services was then negotiated by Public Works TRIP staff. This proposed Agreement, as well as Parsons Brinkerhoff's accounting procedures, were both audited /reviewed by Caltrans and were found to be acceptable with some minor additions. TDW G:\ GROUPDAT\ADMINRPT\2013 \06 -05 \PB Agreement Admin.doc CA A�4 V ADMINISTRATIVE REPORT !F Staff recommends approval of this Agreement. This Agreement is funded with 80% federal monies and a 20% non - federal match. Adequate funds have been previously budgeted for this design work. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review TDW G:\ GROUPDAT\ADMINRPT\2013\06 -05 \PB Agreement Admin.doc BA �F ymvoe, F � I U O cL�tt♦ ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8.f,, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 20, 2013 SUBJECT: Hageman Flyover Project (TRIP) (Wards 2 & 3): APPROVED DEPARTMENT HEAD A4�' CITY ATTORNEY CITY MANAGER 1. Cooperative Agreement with the State of California Department of Transportation (Caltrans) to prepare the Project Approval and Environmental Document (PA &ED), Plans, Specifications and Estimate (PS &E) and Right -of- Way (ROW) documents ($4,277,000.00; $3,786,428.10 Federal (88.53 %) and $490,571.90 Local (11.47 %)). 2. Appropriate $3,915,060 Federal SAFETEA -LU grant revenues to the Public Works Capital Improvement Budget within the TRIP Federal / State Grant Fund. RECOMMENDATION: Staff recommends approval of Cooperative Agreement and appropriation. BACKGROUND: The Hageman Flyover Project is part of the Thomas Roads Improvement Program (TRIP). The project would include improvements to Hageman Road and a bridge over the State Route (SR) 99 freeway with a connection and improvements to Golden State Avenue (SR -204). Caltrans and the City have been working together on the Environmental Phase for the project pursuant to Cooperative Agreement No. 06 -1414, which was previously approved by Council on February 5, 2009. This Cooperative Agreement outlines the responsibilities of both the City and Caltrans regarding the PA &ED, PS &E and ROW phases of the project, and is a requirement for obtaining federal funds for these phases of work. In general: • The City is the project sponsoring partner, and will fund 100% of the work through a mixture of federal TRIP and local funds. • Caltrans will prepare and sign the PA &ED. • Caltrans will prepare and sign the PS &E package. • Caltrans will determine the ROW that will need to be acquired and provide the City with boundary mapping identifying these properties. Tdw: G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Hageman PAUD_PSUROW Coop Agr REV.doc A � stn ADMINISTRATIVE REPORT LI • City will prepare Plats and Legals and appraisals for property acquisition per State requirements. • The City will hear the Request of Necessity for any property condemnations. • The City will provide the ROW Certification Documents for Caltrans approval prior to bidding the construction of the project. • Caltrans will make arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the project. • The City will process Utility Agreements with the Utility Companies in conflict prior to construction. • Caltrans will issue the encroachment permits required for work located within State highway right -of -way. Staff recommends approval of the Cooperative Agreement. Tdw: G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Hageman PA &ED_PS &E_ROW Coop Agr REV.doc 11 _ z Y' ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 9'.u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director May 22, 2013 APPROVED DEPARTMENT HEAD 7I'l il- CITY ATTORNEY CITY MANAGER State Route (SR) 99 Improvement Projects (Wards 3 and 7): 1. Amendment No. 1 to Cooperative Agreement 10 -110 (Caltrans Agreement No. 06 -1471) with the State of California Department of Transportation (Caltrans) reducing the City's contribution by $160,000.00 (from $250,000.00 to $90,000.00) towards preconstruction work needed for proposed improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive Drive. 2. Cooperative Agreement with Caltrans ($160,000.00) for City's contribution towards construction work Improvements on SR 99 to the southbound off- ramp at Panama Lane, 3, Transfer $160,000.00 from amount budgeted for preconstruction work for proposed improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive Drive to a new project for construction work for proposed improvements on SR 99 to the southbound off -ramp at Panama Lane within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of amendment, agreement, and transfer. BACKGROUND: Caltrans and the City entered into Agreement No. 10 -110 (Caltrans Agreement No. 06 -1471) on August 25, 2010. This agreement required the City to contribute $250,000 to Caltrans to help pay for the cost of environmental, engineering, design, and other pre- construction work for projects to widen SR 99 from three lanes to four lanes through Bakersfield. This work is now completed and the projects are beginning construction. Caltrans recently determined that they only need $90,000 as the City's contribution to help pay for the completion of preconstruction work for this specific segment of SR 99. Caltrans also recently bid a project to construct Improvements to the southbound SR -99 off- ramp at Panama Lane, However, Caltrans does not have adequate funding available to award the construction contract for this project. Caltrans District 6 management staff recently requested the City to exchange a portion of the funding originally thought to be needed for preconstruction work for the widening project to a new project for construction of the SR 99 /Panama Lane off -ramp improvement. This off -ramp is often congested, and construction of these improvements will help with the flow of traffic not only on the off -ramp, but also on Panama Lane, Tdw: G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Highway 99 Projects Coop Agreement with Caltrans (3).doc The transfer of $160,000 is an administrative action required to authorize funding for the cooperative agreement for construction of the improvements on SR 99 to the southbound off- ramp at Panama Lane. There is no General Fund impact associated with either the amendment or the agreement. Traffic impact fees provide the funding source for both agreements. Tdw: G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Hlghway 99 Projects Coop Agreement with Caltrans (3).doc BA ADMINISTRATIVE REPORT I F 0 MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: $. V. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 21, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY_' CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 12 -095 with Mark Thomas and Company, Inc., ($159,448.86: $19,476.60 Federal, $2,523.40 Local TDF, and $137,448.86 Water Enterprise Funding; revised not to exceed $2,751,160.96) for Engineering Design Services for the Rosedale Highway Widening Project (TRIP) (Wards 2 and 4) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City entered into Agreement No. 12 -095 on July 18, 2012 with Mark Thomas and Company, Inc. to provide engineering design services for the Rosedale Highway Widening Project. This Amendment is for additional utility potholing investigations beyond that which was originally thought to be necessary to identify utilities along the project, and also for additional design services for a City waterline that is being added to the project at the request of the City Water Department. With the upcoming widening project in mind, the City Water Department had a study performed to analyze their water system in this area and determined that this waterline would be necessary to improve both current operations as well as provide for future capacity. Funding for the added utility potholing investigations will be 88.53% ($19,476.60) federally funded with local transportation development funds providing the 11.47% ($2,523.40) local match requirement. Funding for design of the waterline is funded entirely with Water Enterprise Funds. Adequate funds have been previously budgeted by the Water Department for the design of this waterline, and by the Public Works Department for the added utility potholing investigations. Tdw: G: \GROUPDAT\ADMINRPT\2013 \06 -05 \Mark Thomas Amendment 2- Admin.doc F a ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: g,W. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 20, 2013 PPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 09 -055 with Niemeyer & Associates, P.C. ($12,500; revised not to exceed $162,500.00 and extending term four months) for Bakersfield Amtrak Railroad Track Inspection Services (Ward 2) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Along with owning the Amtrak Station on Truxtun Avenue at S Street, the City owns one mile of railroad from H Street to Union Avenue. This track serves as the lead track for the Amtrak trains to access the station's platform. Per Federal Railroad Authority's rules and regulations, that track must inspected frequently by qualified inspectors. To provide those inspections, the City has contracted with consultants. The term for the current consultant agreement for these inspection services expires on May 31, 2013. Due to staff workloads, the process to select a new inspection consultant was not started early enough to have the new consultant on board before the current agreement expires. Therefore, staff recommends approval of this four -month extension along with an additional $12,500 as compensation for the extended term. The consultant has agreed to perform the track inspection services for the four -month extension at the same price as approved in the original agreement. Sufficient funds are budgeted to cover the costs associated with this amendment. Transportation Development Act Article 4 Public Transportation funds provide the funding source for this agreement. Therefore, there is no General Fund impact. A process to select a new consultant has now been started. Staff anticipates that the new agreement will be included on the September 11, 2013 agenda for Council consideration. PW / Design Engineering / ADR G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Amtrak Track Inspection Amendment - Rev.docx BA O� yco o 4 ADMINISTRATIVE REPORT /FO MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: $:x, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 2, 2013 APPROVED DEPARTMENT HEAD Xz CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 93 -144 with Jerry Manda (no change to $40 monthly lease rate) to extend term of lease for Hangar Space #A -2 at the Bakersfield Municipal Airport (Ward 1) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On November 1, 2003, the City and Lessee entered into a ground lease agreement wherein Lessee would lease a portion of the property located at 2000 South Union Avenue for purposes of storing his aircraft in Hangar Space A -2. The ground lease agreement is due to expire July 31, 2013. The City and Lessee (Jerry Manda) have agreed to renew this lease and add two options to extend the lease, each for five year periods. ep May 2, 2013, 3:49PM G : \GROUPDAT\ADMINRPT\ADMINFORM.doc OFBAKER MCO0.PORAT� "S� ADMINISTRATIVE REPORT ,LIFO MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: g. Y � TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director APPROVED DEPARTMENT HEADZ& DATE: May 10, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. ED11 -012 with AmeriNational Community Services, Inc. ($44,000, not to exceed $84,000) to provide loan and related financial services for the City's Single - Family Rehabilitation, Multi - Family Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs. (All Wards) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Since January 17, 2001, AmeriNational Community Services, Inc. (ACSI), has provided loan, escrow, and related financial services for the City's Single - Family Rehabilitation, Multi - Family Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs. This firm provides billing and collection, and handles notices of default and foreclosure if necessary. Based on staff's annual performance monitoring of ACSI, they have been satisfactory in providing efficient and cost effective support services to the City of Bakersfield. In addition, ACSI specializes in government related loan portfolio management. Staff researched other loan servicing agencies and found that AmeriNational is the only agency which specializes and provides government related loan portfolio management in California. Approval of this agreement will allow AmeriNational to continue to provide loan and related financial services to the City for three years. Funding for the agreement will be paid from Community Development Block Grant (CDBG) and HOME Investment Partnership administrative monies. S:\EDCD Shared\Admins \City Council \City Council Admins 2013\Amerinational.doc DLS: 5116/2013 2:06 PM BA E Q� yCOOW094 D S ADMINISTRATIVE REPORT LIFO MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8, 2. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: May 20, 2013 APPROVED DEPARTMENT HEAD /✓s CITY ATTORNEY CITY MANAGER — SUBJECT: Amendment No. 1 to Agreement No. 12 -098 with Stay Green, Incorporated; extending the contact term one year, and adding $300,000 (for a total not to exceed amount of $600,000) to the Annual Contract for tree trimming. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On July 18, 2012, Council approved the annual contract for providing tree trimming to Stay Green, Inc., in the amount of $300,000; renewable annually thereafter for four (4) consecutive one -year periods. Currently there is $67,000 available on this contract. Extending the contract expiration date and increasing the contract $300,000 will allow the Parks Division to continue with the planned tree maintenance program for the next twelve months. This contract is exempt from prevailing wage requirements, as it is a maintenance function. If approved, Amendment No. 1 will extend the contract term one year and add $300,000 for a revised not to exceed amount of $600,000. Funds are budgeted in the Recreation and Parks Department operating accounts within the General Fund for the tree maintenance program. Purchasing Division /ch S: \PURCH\ADMIN\Amendments 12 -13\AC for Tree Trimming Amendment #1 to Agreement 12- 098.docx May 28, 2013, 8:26AM MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: S. aim• TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 28, 2013 APP OVED DEPARTMENT HEAD AI CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 54, 72, 75, 79, 83, 85, 87, 102, 108, 109, 110, 129, 133, and 134 to Agreement No. 09 -076 with Security Paving Company, Inc. (net decrease of $101,456.89; revised not to exceed $93,086,029.52) for the construction of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and 5). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: As a result of the extraordinarily favorable bid climate at the time the Westside Parkway Phase 2 project was bid, the City was able to extend the project limits from Coffee Road all the way to Allen Road (This added three miles of freeway, an additional interchange at Calloway Drive, and an additional bridge at Jewetta Avenue). This extended project limit allowed the City to utilize all available State funding for this Project, since any unused funds would have to be given back to the State. Due to time constraints for the State funding, portions of the project construction bid and contract award were accomplished with less than final design work completed. The final plans ultimately reviewed and agreed to by Caltrans also required changes to the Project as compared to the plans used at the time of bidding. As such, a higher amount of change orders were anticipated as the construction progressed. However, this series of actions have been in the best interest of completing the Project, which is a critical component of the TRIP program, and resulted in the utilization of all available State funding for constructing the Project. Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane freeway from Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue. Change Order No. 54 provides for a quantity adjustment to various items of work based on comparing the exact amount of the item, as measured in the field, with the bid quantity amount. This change order increases and decreases various items of work at the original bid price. This change order results in an estimated decrease in contract of $38,951.17. Change Order Nos. 72 and 79 provide for changes to the Sign Plans needed for the project as compared to the plans used at the time of bidding. Change Order No. 72 deals specifically with the signage for the temporary "T" signalized intersection originally shown for the western ending of the project at Allen Road; this signage was modified when this signalized intersection was eliminated due to the construction of the permanent on and off ramps built with the Westside Parkway Phase 6B project (Allen Road Bridge). Change Order No. 79 deals with Sign Plan modifications needed to reflect changes in the limits of the project as well as coordination with the additive alternates that were ultimately awarded for Phase 2 of the Westside Parkway. Lt; Tdw G: \GROUPDAT\ADMINRPT \2013 \06- 05\Admin Rpt CCO 72,108, 110 WSP Phase 2 REV3.docx Change Order No. 72 results in an estimated increase of $35,201.77, and Change Order No. 79 results in an estimated increase of $138,435.53. Change Order No. 75 Provides compensation to the contractor for additional cost associated with the installation of Antietam Dry Stack Texture instead of a Fractured Rib texture on some retaining walls surfaces along the Westside Parkway. After the project was bid, staff noted that the bid set of plans indicated some of the retaining walls along the Parkway were shown to have a fractured rib texture. In order to maintain consistency of the walls along the corridor, the surface texture of these retaining walls was changed to the Antietam Dry Stack texture. This change order results in an estimated increase of $22,592.50. Change Order Nos. 83 and 102 provide for changes to the Storm Drain Plans needed for the project as compared to the plans used at the time of bidding. Change Order No. 83 deals specifically with modifications to the storm drainage system at the Calloway Drive interchange, and Change Order No. 102 is for other various storm drainage systems located throughout the project (excepting the Calloway Drive interchange area covered in Change Order No. 83). The Storm Drain Plans were modified to reflect changes in the limits of the project as well as coordination with the additive alternates that were ultimately awarded for Phase 2 of the Westside Parkway. In addition, some storm drain pipelines had to be adjusted to avoid utility conflicts that were found during construction. Change Order No. 83 results in an estimated increase of $82,784.10, and Change Order No. 102 results in an estimated increase of $173,306.60. Change Order No. 85 provides for the addition of fencing around the Friant -Kern Canal Property. The original plans did not include the installation of any fencing at this location. After the project had bid, the Friant Water Authority (the operator of the canal) requested that fencing be installed at this location for safety reasons. This change order results in an estimated increase of $27,646.92. Change Order No. 87 provides for modifications to the concrete barrier on a retaining wall for the westbound off -ramp to Brimhall Road. The plans used at the time of bidding show to install a Type 60 concrete barrier on a retaining wall at this ramp; but the adjacent retaining wall on this ramp indicated using a larger Type 7328 concrete barrier. The designer indicated both barriers should have been of the Type 7328, and so the Type 60 Barrier was changed to a Type 732B. This change order results in an estimated increase of $33,885.25. Change Order No. 108 provides for changes to the concrete barrier on the mainline of the freeway. The original bid quantities did not provide for enough quantity of Type 60E Concrete Barrier to protect columns and overhead sign structures in the median at several locations as required by State Standards. This change order results in an estimated increase of $33,155.55. Change Order No. 109 provides for changes to the quantities of concrete and reinforcing steel in the Coffee Road Bridge. The original plans used for bidding indicated an incorrect skew angle which had to be modified by the designer during construction. This modification increased some of the original bid quantities. This change order results in an estimated increase of $18,991.80. Change Order No. 110 provides for compensation to the contractor for installing underground conduits and vaults to allow for the future installation of PG&E electrical lines. This work was Lt; Tdw G: \GROUPDATWDMINRPT \2013 \06- 05Wdmin Rpt CCO 72, 108, 110 WSP Phase 2 REV3.docx originally to be performed by PG&E at the City's cost. However, by including this work in a change order to the contractor, the contractor is able to have the work completed in a timely manner and the completion of the Westside Parkway project is not delayed by having the contractor wait for PG&E forces to complete this conduit and vault installation. After the installation of these conduits and vaults is completed, PG&E will install their electrical lines. This change order results in an estimated increase of $116,383.30. Change Order No. 129 Compensates the contractor for relocating and adjusting two storm drain inlets that the original bid set of plans indicated to be in locations that conflicted with future maintenance operations and that provided limited storm drainage intake. These drainage inlets are being relocated at force account (time and material). This change order results in an estimated increase not to exceed $20,000.00. Change Order No. 133 Provides a credit to the City for a decrease in quantity on the "Import Borrow" bid item. Contract Change Order No. 40 approved by City Council on 03/21/2012 specified the method of measuring the final earth work quantity to be paid at contract bid price. The engineer has now quantified this credit, but the contractor does not concur with this amount. Staff recommends approval of the change order using the engineer's calculated credit and without the contractor's signature. If the contractor later submits acceptable justification for a revision to this credit, staff will review the additional information and if changes are warranted, a revised contract change order will be placed on a future council agenda. This change order results in an estimated decrease of $835,423.20. Change Order No. 134 provides for modifications to the erosion control treatment to be provided to most of the embankment slopes. The original bid plans and specifications called for the installation of fiber rolls and the application of native grass seed onto the slopes to protect against erosion. After a review by City staff, it was concluded that application of wood chips from the City's Green Waste Facility would meet the erosion control criteria and provide a better looking final product than the application of the native grass seed originally specified. Therefore, erosion control for the slopes visible from the Parkway will be accomplished with the wood chip treatment, and other slopes not visible will continue to have the fiber roll /native grass seed erosion control originally specified. This change order results in an estimated increase of $70,534.16. Staff recommends approval of Contract Change Order Nos. 54, 72, 75, 79, 83, 85, 87, 102, 108, 109, 110, 129, 133, and 134. There is no General Fund impact associated with these change orders. Change Orders to date, including these proposed Change Orders, total $16,513,584.45. This is a 21.5% increase over the original Agreement as illustrated below: • Original Contract Amount = $ 76,572,445.07 • Previous Change Orders = $ 16,615,041.34 • Current Change Order Nos. 54, 72, 75, 79, 83, 85, 87, 102, 108, 109, 110, 129, 133, and 134 = $ - 101,456.89 • Amended Contract Agreement after Change Orders = $ 93,086,029.52 Net Increase to date = $ 16,513,584.45 Lt; Tdw G: \GROUPDATWDMINRPT \2013 \06- 05\Admin Rpt CC0 72, 108, 110 WSP Phase 2 REV3.docx A ADMINISTRATIVE REPORT c Much of the added cost for project change orders to date is due to Change Order No. 21 ($5.9 million) which is for the KCWA Box Culvert - an item the City was always paying for, but which was originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project had bid, KCWA management requested that the City construct this box culvert as part of the freeway project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water Storage District. After several weeks, the contractor has not yet reviewed and approved Change Order Nos. 54, 79, and 129. Staff recommends approval of these change orders now using the engineer's calculated quantities and without the contractor's signature. If the contractor later submits acceptable justification for a revision to any of these change orders, staff will review the additional information and if changes are warranted, a revised contract change order will be placed on a future City Council agenda. Documentation for these Change Orders is on file with the City Clerks' Office. Due to the voluminous amount of documentation for these change orders, this information was not included with the agenda packet. Lt; Tdw G: \GROUPDATWDMINRPT \2013 \06- 05Wdmin Rpt CCO 72,108, 110 WSP Phase 2 REV3.docx F A" c1' ADMINISTRATIVE REPORT c �wRY, IF MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: ta. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 28, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ✓6 SUBJECT: Contract Change Order Nos. 15, 20, 24, 26, 35, 38, 42, 43, 44, and 46 to Agreement No. 10 -168 with Security Paving Company, Inc. (net increase of $352,488.06; for a revised not to exceed amount of $24,378,248.39; change orders funded with traffic impact and utility surcharge fees) for the Construction of the Westside Parkway Phase 4 Project. (TRIP) (Ward 2) RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe (BNSF) Railroad undercrossing) and the Mohawk Street Interchange. The project includes the construction of two bridge structures over the Kern River and one bridge structure over Truxtun Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley Canal (CVC) which is owned and operated by the Kern County Water Agency (KCWA). Change Order No. 15 provides for modifications to the CVC access road, the addition of 2 drive- way approaches, installation of some chain link fencing and gates, and removal of some existing asphalt concrete and a back flow preventer all within KCWA property. The KCWA had allowed the City to modify their facilities for the construction of the Westside Parkway; but as construction progressed, there were items required by KCWA that they felt were needed in order to keep their facilities in a proper and safe operating condition that were not indicated on the original bid set of plans. This change order results in an estimated increase of $35,270.15. Change Order No. 20 provides for modifications to the pavement structural section of the roadway for Truxtun Avenue. During construction activities, a traffic signal interconnect line was discovered to be at a very shallow depth under the roadway; much shallower than what had been expected and as a result, was in conflict with the placement of the roadway pavement structural section. In order to avoid having to relocate this line, a different type of pavement structural section was used that consisted of a full -depth asphalt structural pavement section instead of the thicker aggregate base structural section that was shown on the original bid plans. This change order results in an estimated increase of $156,793.65. Change Order No. 24 provides for changes to the profile grade of the Westside Parkway freeway in the vicinity of the Mohawk Street and the Kern River bridges. After the freeway had been graded per the plans by the contractor, Caltrans (as the future owner of the facility) expressed concerns that the profile grade of the freeway in this area slightly exceeded their standards. As a Tdw:G: \GROUPDATWDMINRPT \2013 \06- 05Wdmin Rpt CCO 15,20,24,43,44 WSP Phase 4 REV.docx Au S ADMINISTRATIVE REPORT ,Buy LIF result, this portion of the freeway was re- graded by the contractor to comply with Caltrans standards. This change order results in an estimated increase of $40,376.00. Change Order No. 26 provides compensation to the contractor for additional requirements from KCWA during the pressure washing of the Gulf Box Culvert built for the CVC Canal with this project. When the contractor proceeded to pressure wash the wails of this concrete box culvert, KCWA requested additional scrubbing of the walls not originally anticipated as well as some testing to be performed to determine whether there were contaminants present in the concrete used. This change order results in an estimated increase of $18,000.00. Change Order No. 35 provides compensation to the contractor for lowering a portion of the City's traffic signal interconnect line which runs along Truxtun Avenue. This is the same line referenced in Change Order No. 20; but at this location, it was determined to be less expensive to lower this line to mitigate the conflict with the pavement structural section than to adjust the pavement structural section as was done in Change Order No. 20. This change order results in an estimated increase of $12,419.00. Change Order No. 38 provides compensation to the contractor for relocation of some fence posts along Truxtun Avenue which did not meet recent new minimum clearance standards. Also in this change order is the installation of a rolling gate to provide access for City crews for maintenance purposes to the Carrier Canal. This change order results in a net increase of $18,400.00. Change Order No. 42 provides compensation to the contractor for additional Antietam Drystack surface texture treatment on the Truxtun Avenue underpass bridge. The original bid plans did not include this aesthetic treatment on the surfaces of the bridge or retaining walls. As this bridge is highly visible to the public, and in order to maintain consistency with the other Westside Parkway bridges, the Antietam Drystack surface texture was added to this bridge. This change order results in a net increase of $58,581.39. Change Order No. 43 provides compensation to the contractor for price index fluctuations for the asphalt oil used in the asphaltic concrete for the project. This is a federal requirement for projects that have long construction durations such as the Westside Parkway, and provides some protection to both the contractor and the agencies bidding the projects against the volatility in oil prices. The intent is that the agency pays for the asphalt oil based on the industry price that is occurring at the time the asphalt paving operations are in effect. As a result, this unit price adjustment could be an extra compensation to the contractor if the unit price of oil increases from that at the time of bidding, but could also result in a credit to the City if the unit price of the oil decreases. This change order results in an estimated increase of $60,000.00. Change Order No. 44 provides for a quantity adjustment to various items of work based on comparing the exact amount of the item, as measured in the field, with the bid quantity amount. This change order increases and decreases various items of work at the original bid price. This change order results in an estimated increase of $20,872.60. Tdw:G:\ GROUPDAT \ADMINRPT\2013 \06- 05\Admin Rpt CCO 15,20,24,43,44 WSP Phase 4 REV.docx ADMINISTRATIVE REPORT n a IFO Change Order No. 46 provides for modifications to the erosion control treatment to be provided to most of the embankment slopes. The original bid plans and specifications called for the installation of fiber rolls and the application of native grass seed onto the slopes to protect against erosion. After a review by City staff, it was concluded that application of wood chips from the City's Green Waste Facility would meet the erosion control criteria and provide a better looking final product than the application of the native grass seed originally specified. Therefore, erosion control for the slopes visible from the Parkway will be accomplished with the wood chip treatment, and other slopes not visible will continue to have the fiber roll /native grass seed erosion control originally specified. This change order results in an estimated decrease of $68,224.73. Staff recommends approval of Contract Change Order Nos. 15, 20, 24, 26, 35, 38, 42, 43, 44, and 46. Adequate funds have already been budgeted to pay for these change orders. Change orders to date, including this proposed change order, total $2,211,091.94. This is a 9.9 % increase over the original contract amount as illustrated below: • Original Contract Amount = $ 22,167,156.45 • Previous Change Orders = $ 1,858,603.88 • Current Change Order No. 15, 20, 24, 26, 35, 38, 42, 43, 44, and 46 = $ 352,488.06 • Amended Contract Agreement after Change Order = $ 24,378,248.39 Net Increase to date = $ 2,211,091.94 After several weeks, the contractor has not yet reviewed and approved Change Order Nos. 15, 20, 24, 26, 38, 42, 43, and 44. Staff recommends approval of these change orders now using the engineer's calculated quantities and without the contractor's signature. If the contractor later submits acceptable justification for a revision to any of these change orders, staff will review the additional information and if changes are warranted, a revised contract change order will be placed on a future City Council agenda. Documentation for these Change Orders is on file with the City Clerks' Office. Due to the voluminous amount of documentation for these change orders, this information was not included with the agenda packet. Tdw:G:\ GROUPDAT \ADMINRPT\2013 \06- 05\Admin Rpt CCO 15,20,24,43,44 WSP Phase 4 REV.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 0.GC . TO: Honorable Mayor and City Council APPRDVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: May 28, 2013 CITY ATTORNEY ✓C' CITY MANAGER SUBJECT: Contract Change Order No. 22 to Agreement No. 11 -144 with Security Paving Company, Inc. (net decrease of $176,064.27; revised not to exceed $12,262,134.43) for the construction of the Westside Parkway Phase 6B Project (TRIP) (Ward 4). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Phase 6B of the Westside Parkway Project includes the construction of a partial interchange at Allen Road and the Westside Parkway including the Allen Road Bridge, the eastbound on ramp and the westbound off ramp. Also included in the project is the widening of Allen Road to 3 lanes in each direction, and the construction of retaining and sound walls. Change Order No. 22 provides for modifications to the erosion control treatment to be provided to most of the embankment slopes. The original bid plans and specifications called for the installation of fiber rolls and the application of native grass seed onto the slopes to protect against erosion. After a review by City staff, it was concluded that application of wood chips from the City's Green Waste Facility would meet the erosion control criteria and provide a better looking final product than the application of the native grass seed originally specified. Therefore, erosion control for the slopes visible from the Parkway will be accomplished with the wood chip treatment, and other slopes not visible will continue to have the fiber roll /native grass seed erosion control originally specified. This change order results in an estimated decrease of $176,064.27. Staff recommends approval of Contract Change Order No. 22. There is no General Fund impact associated with this change order. Change Orders to date, including this proposed Change Order, total - $159,564.27. This is a 1.3% decrease over the original Agreement as illustrated below: Original Contract Amount = $ 12,421,698.70 Previous Change Orders = $ 16,500.00 Current Change Order No. 22 = $ - 176,064.27 Amended Contract Agreement after Change Orders = $ 12,262,134.43 Net Decrease to date = $ - 159,564.27 Documentation for this Change Order is on file with the City Clerks' Office. Due to the voluminous amount of documentation for this change order, this information was not included with the agenda packet. Lt; Tdw G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Rpt CCO 22 WSP Phase 6B.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: ff .dd . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 21, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Accept base bid plus additive alternate no. 1 and approve contract to Day's Generator Service, Incorporated ($129,413) to furnish and install a standby generator at Fire Station V. (Ward 6) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited to furnish and install a 150kw standby generator at Fire Station #7. Two (2) bids were received in response to the solicitation. This project was bid as a non - prevailing wage project. The standby generators at Fire Stations #1 and #7 are military surplus from 1977. Both units have maintenance issues and have required modifications to comply with air pollution control requirements. The replacement models will be more efficient, cleaner burning and are equipped with an automatic transfer switch which will ensure constant power in the case of an emergency. A contract to replace the standby generator at Fire Station # 1 is also on tonight's agenda. The base bid includes furnishing and installing the standby generator to Fire Station #7; additive alternate no. 1 includes removing the existing manual switch and installing an automatic transfer switch to the separate compressor building. Completion of the base bid and additive alternate will provide a fully automated emergency power system for the fire station. The two (2) bids received are as follows: Bidder Day's Generator Service, Inc. Brentwood, CA California Building Evaluation & Const., Inc. Buena Park, CA Base Additive Alt # 1 Total $115,444 $13,969 $129,413 $154,000 $18,000 $172,000 Funds are budgeted in the Equipment Management Fund for this contract. Staff finds the bid submitted by Day's Generator Service, Incorporated, to be acceptable and recommends approval of the contract for the base bid plus additive alternate no. 1 in the amount of $129,413. Purchasing Division/kb SAPURCHWDMINWdmin 12 -13 \Furnish and Install 150kw Standby Generator at Fire Station V, 12- 13 -84, June 5, 2013.docx May 21, 2013 MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8, e e . TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director DATE: May 20, 2013 APPROVED DEPARTMENT HEAD /" CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Day's Generator Service, Incorporated ($132,290) to furnish and install a standby generator at Fire Station #1. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited to furnish and install a 200kw standby generator at Fire Station #1. Two (2) bids were received in response to the solicitation. This project was bid as a non - prevailing wage project. The standby generators at Fire Stations #1 and #7 are military surplus from 1977. Both units have maintenance issues and have required modifications to comply with air pollution control requirements. The replacement models will be more efficient, cleaner burning and are equipped with an automatic transfer switch which will ensure constant power in the case of an emergency. A contract to replace the standby generator at Fire Station #7 is also on tonight's agenda. The two (2) bids received are as follows: Bidder Amount Day's Generator Service, Inc. $132,290 Brentwood, CA California Building Evaluation & Construction, Inc. $149,000 Buena Park, CA Funds are budgeted in the Equipment Management Fund for this contract. Staff finds the bid submitted by Day's Generator Service, Incorporated, to be acceptable and recommends approval of the contract in the amount of $132,290. Purchasing Division/kb S:\PURCHWDMINWdmin 12 -13 \Furnish and Install 200kw Standby Generator at Fire Station 01, 12- 13-83, June 5, 2013.docx May 20, 2013 A , ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. f f . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 20, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Safeway Sign Company (not to exceed $110,693.40) for the annual contract for traffic signs. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for the Annual Contract to supply traffic signs. Three (3) bids were received in response to solicitation. An incomplete bid received from California Prison Industry Authority did not include a bidders bond as required by the bid document; and therefore, is considered non - responsive. Two (2) complete responsive bids are listed below. The bids solicited were based on a list of various traffic signs with estimated quantities. In this case, where the City does not intend to split the bid award, the City determines the lowest overall bidder by multiplying the supplier's unit price for each of the items by the estimated number of units for each item. 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. The two (2) acceptable bids are as follows. BIDDER AMOUNT Safeway Sign Company, Adelahto, CA $110,693.40 SignoTech, Anjou, Quebec, Canada $131,764.85 Funds are budgeted in the General Fund for this contract. Staff finds the low bid submitted by Safeway Sign Company, to be acceptable and recommends approval of the contract in the amount of $110,693.40. Purchasing Division/kb SAPURCHADMINWdmin 12 -13WC for Traffic Signs, 12- 13 -81, Safeway Sign Co., June 5, 2013.docx May 20, 2013, 3:53PM MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: S. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director May 21, 2013 PPR VED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bid and approve contract to Kern Asphalt, Bakersfield, in the amount of $266,114 for paving at the Green Waste Facility. (Ward 1) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited from contractors for paving services at the Green Waste Facility. Five (5) bids were received in response to the solicitation. This project was bid as a non - prevailing wage project. This project was bid as fifteen areas at the City Green Waste Facility to be paved; described as Areas A -O. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. The lowest overall bidder is Kern Asphalt. The budgeted amount available will complete twelve of the fifteen areas to be paved. See attached spreadsheet. Funds are budgeted in the Refuse Enterprise Fund for this project. There will be no General Fund impact associated with this contract. Five (5) bids were received as follows: BIDDER Kern Asphalt, Bakersfield, CA Bowman Asphalt, Bakersfield, CA Griffith Company, Bakersfield, CA Burtch Construction, Bakersfield, CA Granite Construction, Bakersfield, CA TOTAL FOR ITEMS A -D, G -J AND L -O $266,114 $275,743 $289,332 $292,011 $302,770 Staff finds the low bid submitted by Kern Asphalt for selected paving areas to be acceptable and recommends approval of the contract in the amount of $266,114. Purchasing Division/kb SAPURCHWDMINWdmin 12 -13 \Green Waste Facility Paving, 12- 13 -80, June 5, 2013.docx May 21, 2013 C14 N 10 O Ol a �i r 40 d O r � a O � W f. t'. Qa:. O O 00 a0 W O P O; Q W v v� O, O� 0 U 2 V 10 N M: N M O, � 7&) C 2 W M M N l 8 S M N� O 0 0 Y U a W = V M M f") m M vi Ln Lo M m ch v M M M m O d Q N O N v d' S A 4Q N O O LlO V' �O I� N N oO N N �O Qt CO CO co Q W W �O C% Ul " v 0% N 00 G. Cl) O� C'7 M 00 00 0 W N M NN t �.. d A W 0 W N N N N Cl Cj N N N N Cl Cl N N Cl d Z C� M cM M C^J e� M M M M M,, ri M m M m d W g O 00 N N ftK��.? �1 v OO O N C p�pp O o0 '-W a0 M t� Q M N O; N V fF U lu d � W ul Y W C v v v v .i v v v v •r N N N N C N N N N N C'� M v v v v N N N N M M M a z ri M M M �? C"1 M ri ri M' c7 carkg d p v N a�0 S L O p Qq N �O 00 s N N N N a0 00 C Q W W O 1p� C7 h Cw Lo M �O of O U C U N� N N ,N' M N M N O ya C pr-.. W W Z LID 10 1�1 n Cf Il CT O: :. .0 4 M c'? a O O `7 � U C11 CV CV N 6 M VA C-i M N V mm lau Wk < U Z V N N a -6 cIL .. W Qp a a P a a A P �( m = u C1 M C1 C4 C� N N N PI N M M nl N 7 IL 0 LL: LL; LL: U: 14 U: LL: LL: LL LL U: LL: LL: LL: LL: N to NQ NQ H,. tom': N N In H iQfi N N NQ N ar Lri CV r- O 9t1 Ln -- 10 CV V r' 00 CV Cpl N y-- a N N E O S a ` L O L O ai 7 L a N a O c c N tm C a N 06 H (D U2 ^, W a a as N 4? 'c OS � 'a 'a d. U o° ui N N m °L �a� �2 CO E o 0 0 0 aov a E ��0E u �} a L o�,� C U6 y N L U x x O O) > M v a c c c 0 .X v a� a o o a o a� E OC; 3 z 2:87 p a'aa°�v5o a'.X°c� .0 O zE=o m o aa— °� C dZ y 3 ° a - .0 api a°� ao> a°> C z¢ w m Z vi 0p.. CL L¢ Z °¢ Q Q C14 N 10 O Ol a �i r 40 d O r � a O � A., U ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: $.Ah . TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 22, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED em, SUBJECT: Accept bid and approve contract to Bowman Asphalt Inc. ($642,426.00) for Pavement Rehabilitation 2013 Phase 3 - Dr. Martin Luther King Jr. Blvd. from Wilkins St. to E. California Avenue (Ward 1) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: This project consists of rehabilitation of the existing structural section of the pavement, installation of pavement markings and striping, and installation of traffic detector loops. This project is 88.53% federally funded through the Regional Surface Transportation Program (RSTP) and 11.47% locally funded through Gas Tax funds. The Engineer's Estimate for the project is $710,000. There are sufficient funds available for award of this contract. On May 14, 2013, three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Bowman Asphalt, Inc. 3351 Fairhaven Drive Bakersfield, CA 93308 (County) in the amount of $642,426.00 Granite Construction Company 3005 James Road Bakersfield, CA 93308 (County) in the amount of $683,414.00 Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $756,657.00 There is no General Fund impact associated with this project. PW /Design Engineering1XIT3K207 5/22/2013 11:12 AM G: \GROUPDAT\ADMINRPT\2013 \06 -05 \Pavement Rehabilitation 2013 Phase 3 -Dr. MLK Jr. Blvd..dou A OF am � +r R ADMINISTRATIVE REPORT IF MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: S. ii. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover - Recreation and Parks Director May 23, 2013 APPROVED DEPARTMENT HEAD 0 4, ff CITY ATTORNEY 1 `-- CITY MANAGER Accept base bid and award contract to Brown and Fowler Construction, Inc. ($331,000.00) for Beale Park and Saunders Park Playground Rehabilitation projects (Ward 2). RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: These projects include the removal and replacement of the existing outdated playground equipment at Beale Park and Saunders Park. The Base Bid includes the demolition of the existing equipment, furnishing and installing new playground equipment and rubberized surfacing material at Beale Park, located at 500 Oleander Avenue, and Saunders Park, located at 3300 Palm Street. The rubberized surfacing material will allow for unrestricted access for all users, including handicap accessibility, to all features of the new playground equipment. In addition, the rubberized surfacing material will be safer and more efficient to maintain than sand. The engineer's estimate for this project was $491,300 for the Base Bid. On May 16, 2013, four bids were received; all of those bids are acceptable. Those bids are as follows: Brown and Fowler Construction, Inc 3008 Antonino Avenue Bakersfield, Ca 93308 Hobbs Construction Inc. 12357 Old Friant Rd Fresno, Ca 93730 Gospich Construction Co. 9530 Hageman B -344 Bakersfield, Ca 93312 Malibu Pacific 31133 Via Colinas # 107 Westlake Village, Ca 91362 May 23, 2013, 11:26AM S:2013admin /beale & saunders playground Base Bid in the amount of $331,000.00 Base Bid in the amount of $383,233.00 Base Bid in the amount of $417,000.00 Base Bid in the amount of $499,994.00 ADMINISTRATIVE REPORT The Beale Park Playground Rehabilitation project is funded from the Park Improvement Fund and the Saunders Park Playground Rehabilitation project is funded from the Capital Outlay Fund. May 23, 2013, 11:26AM S:2013admin /beale & saunders playground pF �� oaK RS U � d 9L1 0 ADMINISTRATIVE REPORT MEETING DATE June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: $.,i . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Art Chianello, Water Resources Manager May 21, 2013 APPROVED DEPARTMENT HEAD 9�' CITY ATTORNEY V� CITY MANAGER Accept bid and award contract to Allied Weed Control, Inc. ($ 388,905.00) for the application of herbicides. (All Wards) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The Water Resources Department prepared a RFQ /P package for professional services necessary for noxious weed herbicide application and aquatic weed herbicide application. The Water Resources Department plans to enter into a three year agreement with a Weed Control Spray Applicator contracting firm which has documented extensive experience in the application of noxious weed herbicide, pre- emergent, aquatic weed control and is capable of providing all necessary field and professional services for the Scope of Work as described in this RFQ /P. This contract work shall consist of furnishing and applying all herbicide, pre- emergent, aquatic herbicide and dye to the vegetation and invasive weeds growing on approximately 450 gross acres of City of Bakersfield Canal rights -of -way, the 2800 Acre Recharge Area, the Kern River Levee System, Beardsley Canal and various other locations within the City of Bakersfield on an on -call as- needed basis. Statement of Qualifications and Fee Proposals were received by the City of Bakersfield Purchasing Office, on April 25, 2013. Four (4) bids were received on April 25, 2013 for this project, as follows: Allied Weed Control, Inc. 10218 Liberty Ave. Livingston, CA 95334 ...................................... ............................... in the amount of $ 388,905.00 Abate -A -Weed, Inc. 9411 Rosedale Hwy. Bakersfield, CA 93312 ................................. ............................... in the amount of $ 432,725.55 Stay Green, Inc. 26415 Summit Circle Santa Clarita, CA 91350 ................................. ............................... in the amount of $ 551,490.00 DBI Services 1459 S. Cucamonga Ave. Ontario, CA 91761 .... . ............................... . ....................... I ........ in the amount of $559,977.00 BA O� yco R +r By lu � J d ADMINISTRATIVE REPORT Staff recommends acceptance of low bid and award of contract to Allied Weed Control, Inc. in the not to exceed amount of $388,905.00 for the period of three (3) years, for the application of noxious weed herbicide, pre- emergent, and aquatic weed control. Funding for Year 1 of the maintenance program is budgeted in the Water Resources Department's FY 2013 -14 operating budget. Additional funds will be budgeted in subsequent years for Years 2 and 3 of this ongoing program. der S:\2013 ADMIN REPORTSWdmin May 2013 Allied Weed Control, Inc.doc u AR+ ADMINISTRATIVE REPORT r FO MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 9. kk. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 13, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Transfer $25,000 from a currently budgeted CIP project (Replace Hangar Doors - Kern Charter) to a new CIP project for security cameras at the Bakersfield Municipal Airport within the General Aviation Fund (Ward 1). RECOMMENDATION: Staff recommends approval of transfer. BACKGROUND: As part of the CIP process, a project was previously budgeted to replace one of the hangar doors on the Bakersfield Municipal Airport's Fixed Based Operator (FBO) building. Kern Charter, as the FBO for the Airport, initially requested the upgrade to the hangar doors. This project would have replaced the existing manually operated door with a power- operated door, either electric or hydraulic powered. Earlier this year, in planning discussions with FBO staff, they indicated they preferred to keep the manually operated door since they are concerned with a power failure preventing them from opening and closing the door. The available CIP budget for this project is approximately $30,000. Due to increased vandalism, there is a need for additional security at the Airport. No funds are currently budgeted for these security improvements. Staff proposes to add a CIP project, which will install a camera system at the Airport entrances. This would allow staff to have a record of vehicles entering the Airport. Visual identification of the driver would also be possible. Currently, security to the Airport is limited only to an access control keypad at both of the Airport's gates. A five -digit access code is required to open the gates. Access is restricted to only persons with the five -digit access code, but there is no record of who entered the facility and at what time. The cost estimate for this unbudgeted CIP project is $25,000. Staff recommends the transfer of $25,000 from the existing Hangar Door Project to a new CIP project for security cameras at both gates. Financial activity for the Airport is accounted for within an Enterprise Fund. The funding source for Airport CIP projects are general aviation revenues. Consequently, there is no General Fund impact associated with the project. GI G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Airport CIP.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: F. ll. TO: Honorable Mayor and City Council FROM: Douglas R. Greener, Fire Chief DATE: May 6, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $79,667 Federal Grant funds from the USDA Forest Service and $54,125 State Grant funds from the California Emergency Management Agency to the Fire Department Operating budget within the General Fund for reimbursement of personnel costs on state -wide master mutual aid assignments. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Fire Department participated on numerous Strike Teams deployments (state- wide master mutual aid) during the 2012 fire season. The total amount reimbursed from the California Emergency Management Agency and the USDA Forest Service, combined was $133,792. The fires took place in July, August and September of 2012. When firefighters are working on mutual aid assignments, the City is reimbursed at the overtime rate for the entire deployment. The Fire Department's operating budget already incurred these costs by paying the overtime. This reimbursement is needed to appropriate these funds back into the Fire Department's budget. Fire: TC C:\ Users \cblair \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \80VGQH18 \StrikeTeam 2013.docx A ADMINISTRATIVE REPORT MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8 mI,. TO: Honorable Mayor and City Council FROM: Douglas R. Greener, Fire Chief DATE: May 17, 2013 DEPARTMENT HEAD -1 CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Appropriate $10,000 Prevention Revenue in the Certified Unified Program Agency (CUPA) Fund Operating Budget for a televised Public Service Announcement (PSA) on Pool Safety. (All Wards) RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: In 2012, the Bakersfield Fire Department in collaboration with the members of the City Council, the Mayor, Hall Ambulance, Recreation and Parks, and KGET 17 produced a public service announcement addressing swimming pool safety, including an important child safety and drowning prevention message. The PSA was produced in both English and Spanish and aired from June through September 2012 on network television stations and in local theaters. Social networking was also used, resulting in 750,000 views of the PSA, with many of those views coming from outside our local community. During the period the PSA aired, there were no local pool - related deaths in Kern County. Our community typically has an unacceptable rate of child - related swimming pool deaths, and one of the highest child drowning rates per capita in the state of California. Prevention revenue has exceeded the current fiscal year budget, and staff requests an appropriation of $10,000 in Prevention revenues within the CUPA Fund to televise the PSA on pool safety through the summer months of 2013. Prevention Appropriation for PSA 06 05 13, 11:22 AM tc S: \Crosby\Admin. Reports\Prevention Appropriation for PSA 06 05 13.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 3.nn. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 22, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Budgetary actions regarding Centennial Corridor (TRIP) (Ward 2): APPROVED Appropriate $17,706,000 in Federal SAFETEA -LU funding to the Capital Improvement budget within the TRIP Federal /State fund for continued environmental and advanced preliminary engineering work on the above project. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: While the Federal Thomas Roads grant funds were initially awarded in one congressional action, the actual "authorization to spend" is parceled out in segments by the California Department of Transportation (Caltrans) as we move from one phase of a project to another. We recently received additional authorizations from Caltrans regarding the above referenced project. The Centennial Corridor project will connect Interstate 5 (1 -5) to SR 58 via the Westside Parkway. Federal TRIP funds in the amount of $371,923,141 were designated for the completion of this project. Previously, the City received approval from Caltrans to spend $22,132,500 of these funds for the environmental phase. The City recently received authorization to spend an additional $17,706,000 to complete the environmental document and begin advanced preliminary engineering. This budgetary action is necessary to properly account for the recently authorized funding from Caltrans. The local match portion has already been accounted for in the budget. May 22, 2013, 7:50AM VATERAWRIPWdmin reportsWdmin - Centennial Corridor2.doc ytA n■., "s ADMINISTRATIVE REPORT L1F0 MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: g. oa. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 20, 2013 AP ROVED DEPARTMENT HEAD A( CITY ATTORNEY CITY MANAGER SUBJECT: Final Map (only) with City of Bakersfield, Successor Housing Agency, by operation of law to the Bakersfield Redevelopment Agency, as recorded owner, for Tract 7209 located north of California Ave. and west of "S" Street. (Ward 2) RECOMMENDATION: Staff recommends approval of map. BACKGROUND: Creekview Villas will consist of 36 3 -story townhomes with 3 bedrooms, a family room or a den /bonus room with 2 1/2 baths. Each townhome will provide 1,843 square feet of livable space plus a 2 -car garage and a front patio off the den /bonus room. The project is a for -sale condominium product marketed to target low -to- moderate income families. The City, as the successor housing agency to the dissolved Bakersfield Redevelopment Agency, took the property in lieu of foreclosure from the developer in December of 2012. Fourteen of the 36 units are currently constructed and ready to market once the final tract map has been recorded. Approval to record the final tract map will allow the proceeds from the sales of the 14 condominiums to be used to construct the remaining 22 units. Staff recommends approval of final map. Work within the City's right -of -way was done under street permits. Therefore, no separate improvement agreement is required to record this final map. Necessary bonding for the improvements was part of the street permits. NOTE: THE IMPROVEMENT AGREEMENT ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. 0 May 22, 2013, 1:44PM G:\ GROUPDAT \ADMINRPT\2013 \06- 05 \T7209 Map ONLY AGRA= B A KEJJ�� ADMINISTRATIVE REPORT I0 MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: g: pp, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 17, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER _ SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling $152,817.49 and forward non bankrupt accounts to a collection agency for additional collection efforts. RECOMMENDATION: Staff recommends approval. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5 -7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) Risk Management (Property Damage Claims) Police (Alarm Violations & Misc. Activity) Fire & Fire Safety (Environmental Services) Other $ 56,393.24 3,855.32 28,237.23 30,175.00 26,669.95 7,486.75 TOTAL $152.817.49 The recommended write off amount is about 0.16% of total billing, less than 114 of 1%. The private sector uses 1 -2% as an acceptable write off benchmark. Bankruptcy proceedings make up 15.50% ($23,750.79) of the write off amount. In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 30 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority attention. P Asharples\Admin—Writeoff.doc MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8 TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: May 10, 2013 CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Department of Housing & Urban Development (HUD) Action Plan Amendments, (All Wards): FY 10/ 11 Action Plan Amendment 10, FY 11/ 12 Action Plan Amendment 3, and FY12 /13 Action Plan Amendment 4. 2. Transfer $312,380 operating savings from Acquisition and Demolition funds and transfer $1,397,387 capital project savings from various Capital Improvement Projects within the CDBG Fund to the CDBG Operating budget for costs associated with acquisition and /or construction of affordable housing by a Community Based Development Organization (CBDO). RECOMMENDATION: Staff recommends approval of the amendments. BACKGROUND: The City receives funding annually from HUD as an entitlement community through the City's Action Plan, which describes all HUD - funded City projects and sets aside funding for Section 108 loan payments for a particular fiscal year. The process by which significant changes are made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is recommending Substantial Amendments to the City's FY10 /11, FY11 /12, and FY 12/13 Action Plans. Due to the current denial by the State Department of Finance (DOF) of $3 million of contractually - obligated project funding on the City's Recognized Obligation Payment Schedule (ROPS) for the 20th Street Housing Project (now called Park 20th Apartments), staff has reviewed alternative sources of funding available to complete the project. Staff has identified $1,709,767 of project savings in the Community Development Block Grant (CDBG) program that can be utilized specifically for the Park 20th Apartments project. S: \Dana\ADMINS\2013UUNE \6 -5- Action Plan Amendments V2.Docx 5/10/2013 1:57 PM rab ADMINISTRATIVE REPORT The proposed Action Plan amendments are reflected in the following table: Page 2 Fiscal Program Current Plan Action Revised Plan Amount Year 10 /11 Amount $10,884.84 10 /11 10 /11 Clearance and Demolition 07/08 Lowell Park Restroom Construction $60,779.00 09/10 Removal of Health and Safety deficiencies, $38,716.90 Reduce & Central Park Playground $35,246.26 vacant substandard buildings and $100,000 Transfer From $57,498* Beale Area - Curb & Gutter improvements in low- income areas and 11/12 (- $42,502) $209,564.00 10 /11 nei hborhoods $23,536.00 10/11 19th & H Street Staging Area 11/12 Acquisition and Demolition 19th & H Street Staging Area Direct Delivery Reduce & 12/13 CDBG PY Un- programed Savings /Balance Acquisition and demolition of blighted $312,638 Transfer From $42,760* properties in low- income neighborhoods (-$269,878) 12/13 New Construction Assistance to CBDO - Housing development assistance for costs Create & associated with acquisition and /or $0 Transfer To $1,709,767 ** construction of affordable housing by a ( +$1,709,767) Community Based Development Organization CBDO * Funding already spent within the program ** Funding includes $1,397,387 of un- programmed funding resulting from project savings In summary, the proposed Action Plan amendments will transfer a total of $312,380 of unused CDBG funds in the Acquisition and Demolition progrdm ($42,502 from FY 10 /11 and $269,878 from FY 11/12), and re- allocate an additional $1,397,387 in project savings from prior year CDBG Capital Improvement Program (CIP) projects that have been completed under budget or included unused project funds. The list of CIP projects with funds being reprogrammed is summarized in the following table: Fiscal Yr Project Title Balance 10/11 Planz Park Playground Shade Structure $14,982.56 10 /11 Jefferson Park Playground Shade Structure $10,884.84 10 /11 MLK Park Bleachers & Playground Shade Structure $23,628.44 07/08 Lowell Park Restroom Construction $60,779.00 09/10 Lowell Park Playground - Rehab $38,716.90 09/10 Central Park Playground $35,246.26 10/11 Airport Landscaping $53,140.00 10/11 Beale Area - Curb & Gutter $47,303.00 11/12 California & P Area - Curb &Gutter, SW & Reconstruction $209,564.00 10 /11 Alley Reconstruction & Sidewalk Improvement Project (Padre) $23,536.00 10/11 19th & H Street Staging Area $7,611.00 10/11 19th & H Street Staging Area Direct Delivery $11,235.00 12/13 CDBG PY Un- programed Savings /Balance $860,760.00 Total $1,397,387.00 S: \Dana\ADMINS\2013UUNE \6 -5- Action Plan Amendments v2.docx 5/10/2013 1:59 PM rab ADMINISTRATIVE REPORT Page 3 These funds will be transferred to a new program, New Construction Assistance to Community Based Development Organizations (CBDOs), where the funding may be used to fill a portion of the funding gap in the Park 20th project created by the current loss of redevelopment funding. In a separate but related item on this agenda, the City Council will be considering a Disposition and Development Agreement (DDA) with Golden Empire Affordable Housing, Inc. II (GEAHI -II) that will allow for this funding to be dedicated to the Park 20th Apartments project if necessary as an alternative funding option. Only CDBOs are permitted to use CDBG funding for new housing construction. GEAHI -II is one of only two CBDOs certified by the City of Bakersfield. It should be noted that the City is seeking a reversal of DOF's denial of redevelopment funding. Should the City succeed in reinstating the redevelopment funding, the CDBG funds allocated to this project can be applied to other projects through a future Action Plan Amendment. In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a 30 -day Public Notice for the aforementioned amendments to solicit public input was published on May 1, 2013. No comments have been received to date. S: \Dana\HDMINS\2013\JUNE \6 -5- Action Plan Amendments v2.docx 5/10/2013 1:59 PM rab MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. rr. TO: Honorable Mayor and City Council APP_ FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 21, 2013 CITY ATTORNEY t. CITY MANAGER SUBJECT: Receive and file successor agency payments from May 3, 2013 to May 21, 2013 in the amount of $105.30 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 05- 15- 13.doc -- 't — MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: 9.4.. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 7, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Consolidated Maintenance District (CMD) - All Wards: Protest hearing as required by Resolution of Intention No. 1744 regarding the park landscaping assessments for the CMD. 2. Resolution approving and adopting the Public Works Director's report for the CMD and the 2013 -2014 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1744 on May 15, 2013, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2013 -2014 park landscaping budget for the CMD. This Resolution also set the protest hearing date for June 5, 2013. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit including tier level; the amount of the park landscaping assessment on any parcel of property to be assessed; and the reservation by the City of right to elect whether to proceed to perform work by the City forces or by a private contractor. This Resolution confirms the 2013 -2014 CMD park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. All parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No. 019 -05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain at their current level of assessment. Resolution of Intention No. 1744 and its exhibits for the CMD including the Public Works Director's Report, the 2013 -2014 Budget, the Benefit Formula and the Assessment Roll are on file in the office of the City Clerk. Ps G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Res Est Park CMD 13- 14.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: Q,b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 7, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Consolidated Maintenance District (CMD) - All Wards: 1. Protest hearing as required by Resolution of Intention No. 1745 regarding the street landscaping assessments for the CMD. 2. Resolution approving and adopting the Public Works Director's report for the CMD and the 2013 -2014 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1745 on May 15, 2013, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2013 -2014 street landscaping budgets for the CMD. This Resolution also set the protest hearing date for June 5, 2013. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit including tier level; the amount of the street landscaping assessment on any parcel of property to be assessed; and the reservation by the City of right to elect whether to proceed to perform work by the City forces or by a private contractor. This Resolution confirms the 2013 -2014 CMD street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. All parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No. 019 -05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain at their current level of assessment. Resolution of Intention No. 1745 and its exhibits for the CMD including the Public Works Director's Report, the 2013 -2014 Budget, the Benefit Formula and the Assessment Roll are on file in the office of the City Clerk. Ps G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Res Est Street CMD 13- 14.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: 9: 0, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 7, 2013 SUBJECT: Traffic Signal Maintenance Districts - All Wards: APP OVED DEPARTMENT HEAD A.— CITY ATTORNEY CITY MANAGER 1. Protest hearing as required by Resolution of Intention No. 1746 regarding the assessments for seventeen (17) Traffic Signal Maintenance Districts. 2. Resolution approving and adopting the Public Works Director's report for seventeen (17) Traffic Signal Maintenance Districts and the 2013 -2014 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1746 on May 15, 2013, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2013 -2014 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for June 5, 2013. Traffic signal assessment rates were increased for the 2013 -2014 fiscal year. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. This hearing is to hear protests only on the following: the fairness of the benefit formula; the amount of the assessment on any parcel of property to be assessed; and the reservation by the City of right to elect whether to proceed to perform work by the City forces or by a private contractor. This Resolution confirms the 2013 -2014 Traffic Signal Maintenance Districts assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1746 and its exhibits for the Traffic Signal Maintenance Districts including the Public Works Director's Report, the 2013 -2014 Budgets, the Benefit Formula and the Assessment Roll are on file in the office of the City Clerk. Ps G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Res Est TS MD 13- 14.docx MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearing ITEM: 9.d. TO: Honorable Mayor and City Council APPROVED FROM: Raul M, Rojas, Public Works Director DEPARTMENT HEAD DATE: May 22, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering the vacation of a sewer line easement and sewer lift station easement on the north side of McCutchen Road between Progress Road and Gosford Road. (Ward 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield Public Works Design Section is requesting the vacation of a sewer line easement and sewer lift station easement located on the north side of McCutchen Road between Progress Road and Gosford Road. The City has received additional road dedication in this location, so the sewer line easement is no longer needed and the sewer lift station has been relocated. 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 report. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The existing City sewer facilities will stay in place. The utility companies serving the area have been notified by mail. Public Works has received no objections as of the date of this report. On April 17, 2013, the Planning Department found the proposed vacation of the sewer line easement and sewer lift station easement located on the north side of McCutchen Road between Progress Road and Gosford Road 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. 1747 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of May 1, 2013. Notice of this public hearing has been duly advertised and posted as required by law. \mm\ May 22, 2013; 3:27 PM G: \GROUPDAT \ADMINRPT \2013 \06- 05 \MCCUTCHEN RD EASEMENT VACATION BA p� ,ovo.�ye�S ADMINISTRATIVE REPORT IF MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearing ITEM: 9 e, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 17, 2013 APPROVED DEPARTMENT HEAD if �- CITY ATTORNEY rC'M CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering the summary vacation of a public utilities easement located south of Ming Avenue and west of Canter Way (Ward 6) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Ming and Wible Center LLC has submitted a request to vacate a public utilities easement (PUE) located at 4915 Ming Avenue, southwest corner of Ming Avenue and Canter Way. The electrical line within the PUE provides electrical service to existing streetlights on Ming Avenue adjacent to the property. The site is currently under development. The electrical easement is being removed and the electrical line relocated to accommodate development of a proposed tire store. The City will incur no costs for relocation of the line. This request is eligible for summary vacation per Section 8330 of the Streets and Highways Code which authorizes the City Council to summarily vacate a street or highway that has been superseded by relocation. Preliminary notices were mailed to all adjacent property owners within a 300 -foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. Public Works has received no objection as of the date of this report. The proposed vacation was approved by the Planning Department on May 6, 2013 per local ordinance and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. MM May 17, 2013 G: \GROUPDAT \ADMINRPT \2013 \06- 05 \ADMIN PUE VACATION CANTER WAY.DOC MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearing ITEM: 9 TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 13, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (Proposed 1.98% increase). (All Wards) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: On November 7, 1990, Council approved Ordinance No. 3327 which added Chapter 15.82 to the Bakersfield Municipal Code. The purpose of Chapter 15.82 is to promote the public interest by establishing and imposing a fee as a method for financing the development, improvement, and /or enhancement of public parks. New residential construction is charged a fee for the development of new parks. Chapter 15.82.060 of the Bakersfield Municipal Code states that the Public Works Director shall submit a proposed fee schedule (annual report) regarding the fee amount to be collected for each new dwelling unit. This fee shall be adjusted annually by the Construction Cost Index. Also, the fee schedule shall be further adjusted to reflect all costs incurred for park development, improvement, or enhancement. This fee shall be adopted by resolution of the City Council following a noticed public hearing. The following elements are reviewed in the calculation of the proposed park development fee: • Cost to develop a ten -acre park - Amenities and costs are reviewed by staff from both the Recreation and Parks Department and the Public Works Department. • Number of population served by a ten -acre park - Based upon the Metropolitan Bakersfield General Plan and Bakersfield Municipal Code Chapter 15.80, the standard of providing park land is 2.5 acres per 1,000 population. Therefore, a ten -acre park serves a population of 4,000. • Cost per person to develop a ten -acre park - The cost to develop a ten -acre park is then divided by the number of population served by a ten -acre park. • Lastly, the cost per person to develop a ten -acre is multiplied by the number of persons per dwelling unit per information from the most recent U.S. census. • The result of the above steps becomes the proposed park development fee. G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Park Dev Fee Admin.docx ADMINISTRATIVE REPORT Page 2 This Resolution is the Public Works Director's annual report to the City Council with includes a recommended increase in the current park development fee. Staff recommends increasing the current $1,716 per dwelling unit fee to $1,750 per dwelling unit (1.98% increase). This increase is based on the 1.94% increase in the Construction Cost Index (CCI) for the applicable time - frame. This time -frame is based upon the index as of the last fee increase compared to the index as of March 2013. The difference between the proposed fee increase of 1.98% and the increase of 1.94% in the CCI is due to rounding. Recreation and Parks Department staff has reviewed the cost components of the park development fee and recommend no changes. The park development fee was last adjusted in February 2012. Informational notices were mailed to the Homebuilders Association of Kern County, the American Institute of Architects, and North Bakersfield Recreation and Parks District. Ps G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Park Dev Fee Admin.docx A ADMINISTRATIVE REPORT Y, 0 MEETING DATE: June 5, 2013 AGENDA SECTION: Public Hearings ITEM: /p, a . TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD % DATE: May 29, 2013 CITY ATTORNEY V CITY SUBJECT: Public Hearing for the Fiscal Year 2013 -2014 Operating and Capital Improvement Program Budgets RECOMMENDATION: Staff recommends Council hear public testimony. BACKGROUND: Each year, a public hearing is required to receive public comment prior to adoption of the budget. The FY 2013 -14 Budget is proposed at $526,110,000 which is comprised of a $415,407,518 Operating Budget and an $110,702,482 Capital Improvement Budget. Final adoption of the budget is scheduled for June 26, 2013. AT:ch:al SA 13 -14 BUDPRO \Budget Admins, Resos \Budget Hearing 06.05.13- Operating, clP.docx 11111111111 ` ADMINISTRATIVE REPORT ��l 111111111111111111`1\` MEETING DATE: June 5, 2013 AGENDA SECTION: Hearings ITEM: 164. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney May 28, 2013 APPROVED DEPARTMENT HEAD VG CITY ATTORNEY d� —!-- CITY MANAGER First Reading of Ordinance Adding Section 17.04.463 and Amending Section 17.08.050 of the Bakersfield Municipal Code Relating to Medical Marijuana Dispensaries. RECOMMENDATION: For City Council's consideration. BACKGROUND: Since September 8, 2004, the City of Bakersfield has prohibited Medical Marijuana dispensaries in the City of Bakersfield by way of Resolution No. 252 -04, which specifically states that medical marijuana dispensaries are not permitted uses within any zone in the City of Bakersfield. The Federal Controlled Substances Act ( "CSA ") prohibits the possession, distribution, and manufacture of marijuana with a narrow exception for research purposes. California, however, enacted two statutes, the Compassionate Use Act of 1996 ( "CUA ") and the Medical Marijuana Program ( "MMP "), which allow certain Californians to obtain and use marijuana for medical purposes and not be subject to criminal liability. Neither the CUA nor MMP provides any protection from the enforcement of the CSA by the Federal government. The conflict between the Federal and State laws, coupled with a number of varying appellate decisions, has made it difficult for cities in California to regulate medical marijuana. Many cities were awaiting a decision by the Supreme Court of California before enacting any ordinance. That decision finally arrived on May 6, 2013 in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al. ( "Riverside "). In that decision the Supreme Court of California made it clear that "neither the CUA nor the MMP expressly or impliedly preempts the authority of California cities and counties, under their traditional land use and police powers, to allow, restrict, limit, or entirely exclude facilities that distribute medical marijuana, and to enforce such policies by nuisance actions." At the last City Council meeting, Councilmember Maxwell requested that the City Attorney's office draft and present to the City Council an ordinance consistent with the Riverside ordinance upheld by the Supreme Court of California. The attached proposed ordinance being presented tonight for City Council's consideration is consistent with the decision in Riverside, and will make medical marijuana dispensaries a prohibited use in every zone of the City of Bakersfield. The enactment of this ordinance will essentially codify Resolution No. 252 -04, which already prohibits medical marijuana dispensaries in the City. The ordinance first adds the definition of a "Medical Marijuana Dispensary" in section 17.04.463. The ordinance also amends section 17.08.050 by changing the title from "Additional Excluded Uses" to "Prohibited Uses," and identifies a Medical Marijuana Dispensary as a use specifically prohibited within any zone. Since this is an ordinance that amends the City's zoning code, a public hearing is required. Notices were given Sunday May 26, 2013 and Wednesday May 29, 2013 by posting 1/8th page notices in The Bakersfield Californian. Finally, because this is a zoning issue, future enforcement will continue to be handled through the civil process and involve the Community Development Department, Police Department, and the City Attorney's Office. As of Tuesday, May 28, 2013, the City has received three comments from the public, all of which oppose the Ordinance. The Planning Director has determined that the proposed project is exempt from the provisions of the California Environmental Quality Act ( "CEQA "). Under the general rule of CEQA in accordance with section 15061 (b) (3), it can be seen with certainty that there is no possibility that adoption of the proposed ordinance will have a significant effect on the environment. Rl:dll /lsc S: \COUNCIL \Admins \12 -13 Admins \Med.MJ.Ord.Docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 15, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson (seated at 3:34 p.m.) Absent: None. City Clerk Gafford announced that, at the request of staff, Closed Session Item 4.a. has been pulled from tonight's Agenda. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Department Budget Presentaions: 1. Public Works Public Works Director Rojas made staff comments and provided a PowerPoint presentation. Assistant Public Works Director Fidler presented an update on the Capital Improvement Program and provided a Powerpoint presentation. Councilmember Johnson requested that, prior to approving the budget, staff provide him with the total amount of overtime being used in the Public Works Department. ACTION TAKEN Bakersfield, California, May 15, 2013 - Page 2 3. WORKSHOPS continued Item 3.a.l . continued Councilmember Maxwell asked staff to look Into re- designing the blue recycling cart and offer a smaller size to citizens who do not anticipate they will need a larger cart. Councilmember Maxwell asked that Public Works staff review their budget to think of ways they might save 10% of their budget in order to be infused Into a division that might need it more. Councilmember Sullivan requested that staff search for beautification grants to Improve the on and off ramps of SR 99, and to estimate a time frame when the improvements can be completed. Councilmember Sullivan requested that staff repair the seating Inside the Rabobank Arena. 2. Community Development Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. Councilmember Johnson requested that staff provide him with the number of building inspections each person performs per week. 3. Water Resources Mayor Hall announced that the Water Resources Budget Presentation will be held prior to the Police Department Budget Presentation and after the Kern COG Presentation. City Clerk Gafford reiterated that Closed Session Item 4.a. has been pulled from the Agenda. 4. CLOSED SESSION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (4) (one potential case). ACTION TAKEN REMOVED BY STAFF Bakersfield, California, May 15, 2013 - Page 3 5. CLOSED SESSION ACTION ACTION TAKEN None. 6. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 4:46 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield REGULAR MEETING - 5:17 p.m. Mayor Hall announced that public statements regarding Agenda Item 11.a., Legislative and Litigation Committee Report relating to ownership of chickens in neighborhoods, will be heard at the time the Agenda item is read by the City Clerk; a public speaker's card must be submitted to the City Clerk by all speakers; and the City Council's time limit policy for public statements will apply to this Agenda item. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None. City Clerk Gafford announced that the Water Resources Budget Presentation was continued from the 3:30 p.m. City Council meeting and will be heard prior to the Police Department Budget Presentation item 6.b. 2. INVOCATION by Minister Tour6 Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Jayden Burton, 1 st grade student at Independence Elementary School Bakersfield, California, May 15, 2013 - Page 4 4. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a Proclamation to Jonathan Moo, Bike Bakersfield Education Coordinator, declaring May 2013, Bike Month and May 17, 2013, as Bike to Work Day. Mr. Moo accepted the Proclamation and made comments. b. Presentation by Mayor Hall of iPads to Green Expo Recycled Material Art Facebook Contest Winners Pablo Castro, Arlete Monreal, Katrina Rocha, Luz Murataya and Kenia Jimenez. Ms. Monreal, Ms. Rocha, Ms. Murataya, Ms. Jimenez and Mr. Castro accepted the iPads and made comments. 5. PUBLIC STATEMENTS a. The following individuals spoke regarding a biography of Colonel Thomas Baker and provided the City Council with a copy of the book: Judy Salamacha and Sandy Mittlesteadt; and announced that there will be a book signing at Russo's Bookstore on June 1 st. b. The following individuals spoke regarding Youth Leadership Bakersfield (submitted written material): Cindy Pollard, President /CEO of the Greater Bakersfield Chamber of Commerce; Rob Duchow, Public Affairs Manager for Southern California Gas Company; Amber Parcher, student at Valley Oak Charter School; and Jeffrank Solorzano, student at Foothill High School. C. Matthew Woods, representing Hacker Equipment Company, spoke in protest of the street sweepers bid and asked the City Council to further review the low bid to verify they are in compliance with the bid specifications. d. Frank Wheeler, representing Municipal Maintenance Equipment, spoke in support of the street sweepers bid and thanked the City for giving his company the opportunity to provide service, support and equipment for the last 16 years. Bakersfield, California, May 15, 2013 — Page 5 5. PUBLIC STATEMENTS continued ACTION TAKEN e. Marvin Dean spoke regarding various Agenda items; he thanked the Mayor and City Council for honoring and recognizing people of all diversity; and announced that he recently substituted Matt Gardner as his Campaign Treasurer. f. Matt Gardner spoke regarding funding a waterpark for the City and proposed that a City committee meet to discuss the needs of financing a waterpark through a public offering by going directly to the public as a reverse merger. g. Jim Wheeler, Chairman of the Steering Committee for the Kern County Homeless Collaborative, stated that their Committee has not yet taken an official position on the AB 5 Resolution; that they were pleased to see that Mayor's 10 year plan to end chronic homelessness is mentioned in the Resolution; encouraged the City Council to visit the Collaborative website at www.kernhomeless.org to view the services and resources that are available to the City; and submitted written material on the Collaborative's accomplishments. Councllmember Maxwell requested he be provided with the Kern County Homeless Collaborative meeting schedule so that he can attend. h. The following individuals spoke regarding the decision to ban marijuana dispensaries: TJ Esposito, Owner of Patriot Bail Bonds (opposed and submitted written material); Nora Weber (support); and Phil Ganong, Attorney (opposed and submitted written material). Tomeka Powell, Ward One resident, asked that the City Council amend the City Charter which relates to the qualifications to be a councilmember and add that candidates must live in the ward they are running in for at least three months prior. Councllmember Weir asked that Ms. Powell's request be referred to the Legislative and Litigation Committee. Bakersfield, California, May 15, 2013 — Page 6 5. PUBLIC STATEMENTS continued ACTION TAKEN j. Jess Winters, on behalf of Vision Corps and Canyon Hills Church, spoke regarding the I Love America event being held on July 4th at Bakersfield College; advised where tickets can be purchased; thanked the sponsors; and encouraged those wishing to volunteer or sponsor the event to contact Rick Moore through their website at iloveamericabakersfield.com. k. George Moreno, Sr., spoke in support of a Human Life Ordinance. I. Vanessa Vangel, Ward 2 resident, spoke in opposition of the 24th Street Widening Project. Councilmember Maxwell requested that staff draft an ordinance prohibiting businesses from selling marijuana within the city limits, mirroring the City of Riverside's ordinance. Mayor Hall announced he would be absent for the rest of the evening and recessed the meeting at 6:23 p.m. Vice -Mayor Weir reconvened the meeting at 6:32 p.m. 6. WORKSHOPS a. Kern Council of Government's Regional Transportation Plan, Sustainable Communities Strategy. Kern COG Planning Division Director Robert Ball made comments and provided a PowerPoint presentation. Councilmember Johnson suggested that Kern COG consider facilitating changes in State law to utilize existing canal right -of -ways and incorporating them into a multi -use transportation corridor. Councilmember Maxwell suggested adjusting the traffic lights on 23rd and 24th Streets, and Mohawk and Oak Streets, to be more efficient, and look into installing a sign at the crosstown freeway directing people to use Golden State Highway to travel north on SR 99 in order to ease freeway congestion. Bakersfield, California, May 15, 2013 — Page 7 6. WORKSHOPS continued Item b.a. continued Councilmember Maxwell requested that he be provided with the total cost for the Centennial Corridor Project. b. Department Budget Presentation: 1. Water Resources Water Resources Manager Chianello made staff comments and provided a PowerPoint presentation. Councilmember Johnson requested that Water Resources Manager Chianello work with the City Manager on how much time the Police Department spends on monitoring crime on the Kern River Parkway, to determine If there Is a need to do an Inter -fund transfer to augment the Police Department. 2. Police Department Police Chief Williamson made staff comments and provided a PowerPoint presentation. Councilmember Johnson requested that Police Chief Williamson work with Water Resources Manger Chlanello to determine if an inter -fund transfer is needed to augment the Police Department for their time spent monitoring the Kern River Parkway for crime. In response to a question by Councilmember Maxwell, City Attorney Gennaro stated the Internet Cafe issue is being looked into at the next Safe Neighborhoods Committee meeting, and that she will provide the City Council a memorandum once that is completed. Councilmember Maxwell stated he wants the public to know that should they see two Police Officers in one vehicle, it is because new officers are required to ride with experienced officers for a period of time during training. Councilmember Sullivan suggested Chief Williamson write a Community Voices article to Inform the public about the Issue of two Police Officers In a vehicle. ACTION TAKEN Bakersfield, California, May 15, 2013 — Page 8 7. APPOINTMENTS ACTION TAKEN None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 1, 2013 Regular City Council Meetings. Payments: b. Receive and file department payments from April 19, 2013, to May 2, 2013, in the amount of $9,271,897.20 and self- insurance payments from April 19, 2013, to May 2, 2013, in the amount of $195,699.87 totaling, $9,467,597.07. Ordinances: C. First Reading of Ordinance amending the text FR of various sections of Chapter 17.60 of the Municipal Code relating to signs. d. Adoption of Ordinance amending Municipal ORD 4728 Code Section 1. 12.060 by adding Annexation No. 556 located along the west side of Stine Road, on the north and south sides of Taft Highway to Ward 6. (FR 05101113) Resolutions: e. Resolution in opposition of Assembly Bill 5 which RES 052 -13 would establish the "Homeless Person's Bill of Rights and Fairness Act ". f. Emergency Sewer Repairs on Stine Road, South of Panama Lane, at the Arvin Edison Canal: Resolution dispensing with bidding RES 053 -13 procedures due to emergency sewer repairs, and authorizing Rain for Rent and W. M. Lyles Company to perform necessary repairs, not to exceed $500,000. 2. Appropriate $500,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. Bakersfield, California, May 15, 2013 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.F. CONTINUED g. Resolution of Intention No. 1744 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2013 -2014 budget and setting the time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the CMD. h. Resolution of Intention No. 1745 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2013 -2014 budget and setting the time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the CMD. Resolution of Intention No. 1746 preliminarily adopting, confirming and approving the Public Works Director's Report for 17 Traffic Signal Maintenance Districts (TSMD) and their 2013 -2014 budget and setting the time and place for hearing protests on the amount of Traffic Signal assessments to be levied for each TSMD. j. Resolution of Intention No. 1748 ordering the vacation of an alley located south of Dorian Drive, east of Laurel Drive and west of So. Chester Avenue. Agreements: k. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the Plans, Specifications and Estimate and Right -of -Way phases for the 24th Street Improvement Project. (TRIP) Amendment No.1 to Agreement No. 12 -086 with Loop Electric, Inc. ($360,000; revised not to exceed $719,760 and extending term one year), for vehicle loop cutting. ROI 1744 ROI 1745 ROI 1746 ROI 1748 REMOVED FOR SEPARATE CONSIDERATION AGR 12- 086(1) f -a Bakersfield, California, May 15, 2013 - Page 10 CONSENT CALENDAR continued M. Amendment No. 4 to Agreement No. 10 -080 with Commercial Cleaning Systems, Inc. ($43,372; revised not to exceed $173,488 and extending term one year), for janitorial maintenance at City Hall North. n. Amendment No. 3 to Agreement No. 11 -065 with Wholesale Fuels, Inc. ($40,000; revised not to exceed $160,000 and extending term one year), for the supply of propane. o. Amendment No. 1 to Agreement No. PW 12 -062 with Clean Cut Landscaping ($26,988; revised not to exceed $53,976 and extend term one year), for landscape maintenance at Wastewater Treatment Plant No. 3. P. Amendment No. 1 to Agreement No. 08 -087 with the County of Kern (no change in compensation and extending term five years), and add food waste to materials being recycled at the Recycling Facility. q. Amendment No. 1 to Agreement No. 07 -218 with Old River LLC, for extension of time to construct Bridle Creek Park for Tract 6359. r. Rehabilitation of Three Lift Stations: Bids: 1. Contract Change Order Nos. 2 and 3 to Agreement No. 11 -170 with HPS Mechanical, Inc. ($125,123.62; revised not to exceed $1,097,382.62), for the project. 2. Appropriate $125,124 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement budget. Extend bid from Lehr Auto Electric, ($109,810.95) for the purchase of 30 Panasonic Toughbook Laptops for the Fire Department. ACTION TAKEN AGR 10- 080(4) AGR 11- 065(3) AGR 13 -074 AGR 08- 087(1) AGR 07- 218(1) AGR 11 -170 CCO2, CC03 Bakersfield, California, May 15, 2013 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN t. Accept bid from Rush Truck Center ($201,444.65) for one additional combination saw truck for the Public Works Department, Streets Division. U. Accept bid and approve contract with AGR 13 -075 General Scales ($68,500) to furnish and install a truck scale at the Green Waste Facility. V. Accept bid and approve contract with Loop AGR 13 -076 Electric, Inc. ($139,750), for Traffic Signal and Lighting Installation at the intersection of Hosking Avenue and Akers Road. W. Landscape Improvements to Existing Median Islands, Phase Il: Olive Drive and Calloway Drive, and Calloway Drive north of Rosedale Hwy. to Meacham Road. 1. Accept bid and approve contract with AGR 13 -077 Clean Cut Landscape ($260,398.95), for construction of project. 2. Appropriate $115,000 Developer Share Project cost to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. Miscellaneous: X. Acceptance of 2011 -12 Transportation Development Act Funds Financial Statements. Successor Agency Business: Y. Receive and file successor agency payments from April 19, 2013, to May 2, 2013, in the amount of $1,265,628.69. City Clerk Gafford announced that staff submitted a memorandum indicating a change to item 8.e. regarding an AB 5 Resolution. Councilmember Maxwell requested that item 8.k. be removed for separate consideration. Motion by Councllmember Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.y. with the removal of Item 8.k. for separate consideration. Bakersfield, California, May 15, 2013 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Cooperative Agreement with the State of AGR 13 -073 California Department of Transportation (Caltrans) for the Plans, Specifications and Estimate and Right -of -Way phases for the 24th Street Improvement Project. (TRIP) Motion by Councilmember Maxwell to reject the adoption of this agreement, and to wait and review the final environmental impact report. Councilmember Maxwell amended the motion to adopt Consent Calendar Item 8.k. with a restriction that no right -of -ways can be acquired until the final environmental impact report is presented to City Council. Councilmember Maxwell stated for the record that he did not want to change his motion. Councilmember Johnson requested that the City Attorney articulate a motion that accomplishes Councilmember Maxwell's requests. City Attorney Gennaro suggested that Councilmember Maxwell could amend his motion to approve Consent Calendar Item 8.k. with the understanding that no right -of -way will be acquired until staff comes back to the Council and either 1) submits the EIR to City Council for approval or denial, or 2) indicates to the Council that the City has received the early release of funds, whichever occurs first. Motion by Councilmember Maxwell to use the APPROVED language the City Attorney provided, to adopt Consent Calendar Item 8.k. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing on Resolution of Necessity to RES 054 -13 determine the public interest and necessity for acquisition of an easement interest in a portion of certain real property in southwest Bakersfield (APN #514- 060 -10) for the construction of a sewer pipeline to be incorporated into the City's sewer system. (Staff recommends adoption of Resolution.) 9. Bakersfield, California, May 15, 2013 — Page 13 CONSENT CALENDAR PUBLIC HEARINGS continued b. Public hearing to consider the Resolution ordering the vacation of the public utilities easement located in a previously vacated alley in Blocks 140 and 141, north of West Sumner Street and east of Golden State Avenue. (Staff recommends adoption of Resolution.) C. General Plan Amendment /Zone Change No. 12 -0469; Quad Knopf, Inc. representing GC Investments, (property owners), has applied for a general plan amendment and zone change on 14.76 acres generally located on the northeast corner of Stockdale Highway and Coffee Road. (Staff recommends adoption of Resolution and first reading of Ordinance.) Resolution adopting the Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from HR (High Density Residential) to OC (Office Commercial). 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to C -O (Professional and Administrative Office) d. General Plan Amendment /Zone Change No. 13 -0005; Bolthouse Properties, LLC, (property owner), has applied for a general plan amendment and zone change on 43.97 acres located at the south side of Stockdale Highway, one quarter mile west of South Renfro Road. (Staff recommends adoption of Resolution and first reading of Ordinance.) 1. Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from HR (High Density Residential) to LR (Low Density Residential) on 43.97 acres. ACTION TAKEN RES 055 -13 RES 056 -13 RES 057 -13 FR RES 058 -13 RES 059 -13 Bakersfield, California, May 15, 2013 — Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Item 9.d. continued 3. First Reading of Ordinance amending FR the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) on 43.97 acres. e. General Plan Amendment /Zone Change No. 13 -0006; McIntosh & Associates, representing Black Ops Real Estate III /Matt Wade, (property owner), has applied for a general plan amendment and zone change on approximately 40 acres located at the northeast corner of Noriega Road and Rudd Avenue. (Staff recommends adoption of Resolution and first reading of Ordinance.) 1. Resolution adopting the Negative RES 060 -13 Declaration. 2. Resolution approving the general plan RES 061 -13 amendment changing the land use designation from R -IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on approximately 40 acres. 3. First Reading of Ordinance amending FR the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from County A (Exclusive Agriculture) to City R -1 (One Family Dwelling) on approximately 40 acres. City Clerk Gafford announced that a memorandum has been received from staff clarifying that the project area for item 9.c. is located within Ward 2. Consent Calendar Public Hearings Items 9.a. through 9.e. opened at 8:00 p.m. No one spoke. Consent Calendar Public Hearings Items 9.a. through 9.e. closed at 8:00 p.m. Motion by Councllmember Hanson to adopt Consent APPROVED Calendar Public Hearings Items 9.a. through 9.e. Bakersfield, California, May 15, 2013 - Page 15 10. HEARINGS ACTION TAKEN None. 11. REPORTS a. Legislative and Litigation Committee Report regarding Ownership of Chickens in Urban Residential Neighborhoods. The majority of the Legislative and Litigation Committee recommends making no changes to the existing ordinance pertaining to ownership of chickens in residential zones. City Clerk Gafford announced that staff received three e -mails in support of the majority report and three e -mails in opposition to the majority report. Community Development Director Mclsaac made staff comments. The following individuals spoke in opposition to the majority report of the Legislative and Litigation Committee: Denise Netherton, Adam Netherton, Kimberly Burchett, and Linda Snoddy. Motion by Councilmember Sullivan to approve the FAILED minority report of the Legislative and Litigation NOES WEIR, Committee, with more work to be done and to have MAXWELL, HANSON, the Final ordinance come back to be approved by the JOHNSON City Council. Motion by Councilmember Maxwell to approve the APPROVED majority report of the Legislative and Litigation NOES SULLIVAN, Committee. SMITH 12. DEFFERED BUSINESS a. Accept bid from Maintenance Equipment, Inc. ($900,869.55), for three replacement mechanical rear broom street sweepers for the Public Works Department, Street Division. (deferred from the meeting of 41 17/ 13) Finance Director Smith made staff comments and recommended acceptance of the bid. In response to a question by Councilmember Maxwell, Public Works Director Rojas explained that staff has reviewed the concerns from the bid protest and staff still recommends acceptance of the lowest bid. Bakersfield, California, May 15, 2013 - Page 16 12. DEFFERED BUSINESS continued ACTION TAKEN Item 12.a. continued At the request of Councilmember Johnson, Matthew Wood, representing Haaker Equipment Company, made comments and requested further review from the City Council before awarding the bid for street sweeper equipment. Motion by Councllmember Johnson to adopt Deferred APPROVED Business Item 12.a. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Smith expressed his appreciation to City employees for their hard work. Councilmember Smith requested that the Planning and Development Committee review the City's current streets standards to ensure they comply with the new complete streets policy, and he provided examples from other cities. Councilmember Johnson requested that he be provided with a digital copy of the language in the AB 5 Resolution; and would also like the Resolution sent to the author of AB 5 and to the next Chair of the Committee where it Is going to be heard. In response to Councilmember Johnson's concern regarding the Pacheco Road ramp closure for the CalTrans SR99 Widening Project, City Manager Tandy explained we are currently waiting on a response from CalTrans on why the City was not notified of the closure. Councllmember Maxwell asked that Police Chief Williamson look Into a noise complaint on Verde Street. Councllmember Maxwell requested that Finance Director Smith provide a presentation at the next City Council meeting on the bond project for the Centennial Corridor. Bakersfield, California, May 15, 2013 - Page 17 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell thanked the following Public Works Traffic Division staff for their professionalism and effort in researching a concern regarding stop signs on 20th and Spruce streets: Nick Fidler, Ryan Starbuck, and John Ussery. Councilmember Maxwell apologized for possibly making the meetings longer by pulling items from Consent Calendar for discussion, but he feels it would make sense to go over every item individually instead of the way it is currently done, and he would prefer there be no staff recommendation placed on the Administrative Reports so the Council can reach their own conclusions. 15. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 9:19 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield