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HomeMy WebLinkAbout09/11/13_CC_AGENDA_PACKETREGULAR MEETING - 3:30 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION BAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF SEPTEMBER 11, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (1) for the following: Jetunda Wright v. City, et al., USDC Case No. 1:1 1 -CV- 00954- LJO -JLT. 2. Edward Colson v. City, Kern County Superior Court Case No. S- 1500 -CV- 277378 -DRL. b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (4) (one potential case). C. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (2), (e) (1). (one matter). 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Pastor Mark Ariey, Lutheran Church of Prayer. 3. PLEDGE OF ALLEGIANCE by Taylor Burton, 111 grade student at Independence Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Mike Olcott, declaring September 18 through September 29, 2013, as Kern County Fair Days. b. Presentation by Mayor Hall of a Proclamation to Links for Life Board of Directors President, Stephanie Lynch, declaring October, 2013, Paint the Town Pink Month. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 14, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from August 2, 2013, to August 28, 2013, in the amount of $18,465,878.88 and self- insurance payments from August 2, 2013, to August 28, 2013, in the amount of $636,167.95 totaling $19,102,046.83. Ordinances: (Ward 3 *) C. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres, located at the southeast corner of Seventh Standard Road and Calloway Drive. (ZC# 13 -0136 - McIntosh & Associates representing Kern Land Partners, LLC). (FR 08/14/13) (Ward 5) d. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from Planned Unit Development to Revised Planned Unit Development on 4.65 acres, located at the southwest corner of Ming Avenue and Gosford Road. A previously adopted Negative Declaration for PUD /ZC # 06 -0332 applies to this project. (ZC# 13 -0166 - McIntosh & Associates representing Castle & Cooke California, Inc., and University Park Community Association). (FR 07/17/13) Resolutions: e. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. (Ward 6) f. Replacement of aeration blower at Wastewater Treatment Plant No. 3: *upon annexation 1. Resolution determining that a certain Siemens replacement aeration blower at Wastewater Treatment Plant No. 3 cannot be obtained through the usual bidding procedures because of the need to integrate blower into the existing treatment plant process and authorizing the Finance Director to dispense with bidding therefor, not to exceed $350,000. 2. Appropriate $350,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. g. Resolution determining that certain Motorola radio equipment cannot be obtained through usual bidding procedures because of the need to integrate into the existing Police Department Communications Center radio infrastructure and authorizing the Finance Director to dispense with bidding therefor, not to exceed $80,000. City Council Meeting of 09/11/2013 S. CONSENT CALENDAR continued h. Resolution dispensing with bidding procedures due to urgent necessity to operate the animal shelter. New and Revised Job Specification, Change to Salary Schedule and Reclassification: 1. Amendment No. 1 to Resolution No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Community Development Technician and Associate Planner 1 /II. 2. Revised Job Specification: Building Inspector 1 /II #27140/ #27080; Building Inspector III - Generalist #58600; Building Inspector III - Electrical Specialist #58610; Building Inspector III - Plumbing and Mechanical #58620; Principal Planner #59890. 3. Title Change: Community Development Technician #25030. 4. New Job Specification: Associate Planner 1 /II #25040/ #27060. 5. Reclassification: Assistant Planner, Development Assistant and Development Associate to Associate Planner 1 /II and Building Permit Technician and Planning Technician to Community Development Technician. j. Revised Job Specifications and Change to Salary Schedule: Amendment No. 1 to Resolution No. 080 -13 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Information Technology Supervisor. 2. Revised Job Specification: Engineering Technician 1 #25270. 3. Title Change and Revised Job Specification: Information Technology Supervisor #57160. (Ward 7) k. Sewer connection fee assessment for 4921 Elysium Street: Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Lara D. Bass, to pay sewer connection fee in installments. (Ward 4) I. Sewer connection fee assessment for 3825 Green Hills Street: 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Theodore R. and Tracy A. Merickel, to pay sewer connection fee in installments. City Council Meeting of 09/11/2013 8. CONSENT CALENDAR continued (Ward 7) M. Sewer connection fee assessment for 1921 Wade Avenue: 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Margaret J. Lancaster, to pay sewer connection fee in installments. (Ward 1) n. Sewer connection and construction fee assessments: 1. Resolution confirming assessments for sewer connection and construction fees and authorizing collection of assessments by the Kern County Tax Collector. 2. Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: a. Tom Morreale, 21 Dunlap Street. b. April Elaine Castro, 148 Morrison Street. C. Deanna L. Mclnnerney, 4100 Joseph Drive. (Ward 1,3) o. Resolution adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector: 1. Area 4 -116 (2512 Oswell Street). 2. Area 4-117 (910 O Street). (Ward 2,6) P. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report for each: 1. ROI No. 1760 adding Area 2 -54 (1100 Valhalla Drive). 2. ROI No. 1761 adding Area 5 -68 (2100 Panama Lane). Agreements: (Ward 2) q. Consultant Agreement with Niemeyer & Associates, P.C. ($150,000), for Bakersfield Amtrak Railroad Track Inspection Services for the four year period beginning October 1, 2013, through September 30, 2017. (Ward 3) r. Planned Drainage Area Reimbursement Agreement with Rio Bravo Investment Group, LLC (not to exceed $44,993), for improvements constructed within the Shalimar Planned Drainage Area. (Ward 7) S. Final Tract Map and Maintenance Agreement with Shaw Property, Inc., for Tract 6390 Phase 1 located south of Berkshire Road and east of Asseri Street. (continued from the 08/14/13 meeting). City Council Meeting of 09/11/2013 8. (Ward 6) (Ward 3) (Ward 2.3) (Ward 3) CONSENT CALENDAR continued New Habitat Conservation Plan: 1. Agreement with California Department of Fish and Wildlife ($694,852), to receive funds and continue preparation of the plan. 2. Amendment No. 1 to Agreement No. 12 -022 with ICF Jones & Stokes ($684,683), to plan and prepare documentation that will be used for the plan. 3. Appropriate $694,852 California Department of Fish and Wildlife Grant to the Community Development's Operating budget in the Capital Outlay Fund. U. Amendment No. 1 to Agreement No. 11 -128 with Gene Bogart (extending term one year), to allow the consultant to continue to provide technical assistance to the Water Resources Department. V. Major Overhaul and Repair of Centrifuge No. 4 at Wastewater Treatment Plant No. 3: 1. Amendment No. 2 to Agreement No. 12 -133 with Centrisys Corporation ($125,000; revised not to exceed $325,000), for the project. 2. Appropriate $125,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. W. Contract Change Order No. 1 to Agreement No. 13 -035 with Griffith Company ($10,968.84; revised not to exceed $865,641.84), for the project known as Street Improvements - Masterson Street from SR178 to Panorama Drive. Bids: X. Accept bid with Xylem Dewatering Solutions, Inc. ($58,039.25), for two replacement trailer mounted water pumps for the Public Works Department, Streets Division. Y. Accept bid with Cyber Computers ($91,022.50) for one hundred replacement Lenovo desktop computers for the Information Technology Division. Z. Pedestrian Access Improvements - Columbus Street from River Boulevard to Baylor Street and Brundage Lane from Cedar Street to South H Street. 1. Accept bid and approve contract with Mora's Equipment & Construction, ($156,205), for the project. 2. Appropriate $154,000 Transportation Development Act Article 3 Grant funds and appropriate and transfer $25,000 General Fund balance (Property Tax Administration Fee Refund) to the Public Works Department's Capital Improvement budget within the Bikeway and Pedestrian Pathway Fund and the Capital Outlay Fund respectively. aa. Mohawk Street Improvements from Rosedale Highway to Siena Lane: Accept bid and approve contract with Granite Construction Company, ($3,017,932), for the project. 2. Appropriate $1,000,000 State Local Partnership Program Grant funds and $1,500,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the Transportation Development Fund. City Council Meeting of 09/11/2013 S. CONSENT CALENDAR continued Miscellaneous: bb. Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG), HOME Investment Partnership and Emergency Shelter Grant (ESG) Amendments for Fiscal Year 2013/14 budgets. 1. Appropriate $499,987 federal CDBG grant funds to the Operating and Capital budgets within the CDBG Fund; Appropriate $85,641 federal HOME grant funds to the Operating budget within the HOME fund; and reduce the Emergency Shelter Grant (ESG) Operating budget by $17,074 within the CDBG fund. cc. Appropriate $2,000 contribution from Target Corporation to the Police Department's operating budget in the General Fund to support the BPD'S Crime Prevention message at the 2013 National Night Out on August 6, 2013 and to provide Child Passenger Safety Technician Training to Kern County Law Enforcement personnel. dd. Appropriate $8,000 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Department Operating budget, to purchase a workstation for the newly created Latent Print Examiner positions and to provide latent print training to BPD Crime Lab personnel. ee. Appropriate $20,000 Federal Grant Revenue to the Fire Department Operating budget within the Metropolitan Medical Response System Fund for Hazardous Materials Specialist Training. (Ward 2) ff. Transfer and appropriate $19,000 General Fund balance (Property Tax Admin Fee Refund) to the Recreation and Parks Capital Improvement budget within the Capital Outlay Fund for the installation of synthetic turf at the City Hall North. gg. City position on 2013 Proposed League of California Cities Resolutions. Successor Agency Business: hh. Receive and file successor agency payments from August 2, 2013, to August 28, 2013, in the amount of $43,210.10. Staff recommends adoption of Consent Calendar items 8a. through 8.hh. 9. CONSENT CALENDAR PUBLIC HEARINGS (Ward 4) a. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at the southwest corner of Rosedale Highway and Coffee Road (Code CIV. Proc. § 1240.010). (Staff recommends adoption of Resolution.) (Ward 5) b. Public Hearing to consider a Resolution to Amend Development Agreement No. 07 -310 with Castle & Cooke California Inc. and Bolthouse Properties LLC., for the West Ming Specific Plan. (Staff recommends approval of amendment to the Agreement.) 10. HEARINGS 11. REPORTS City Council Meeting of 09/11/2013 (Ward 5) 12. 13. 14. 15. 09/05/13 10:58am DEFERRED BUSINESS NEW BUSINESS a. Formation of the City Police and Fire Services Community Facilities District No. 2013 -1 Public Hearing on the following: a. Formation of the City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan) (the "CFD "); b. Extent of the CFD; C. Furnishing of specified types of services within the CFD; and d. Proposed rate and method of apportionment of the special tax to be levied within the CFD. The public report prepared by Koppel & Gruber, Public Finance has been made available for review prior to the public hearing and will be incorporated into the record of the public hearing. 2. Adopt a Resolution to Form a Community Facilities District and to levy a special tax for the City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). 3. Adopt a Resolution of the City calling special mailed - ballot election in City Police and Fire Services Community Facilities District No. 2013-1 (West Ming Specific Plan). 4. Adopt a Resolution of the City declaring election results in its City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan), on September 11, 2013. 5. First Reading of Ordinance levying a special tax for the Fiscal Year 2013 -2014 and following Fiscal Years solely within and relating to the City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). Staff recommends Council take the necessary actions to form the City Police and Fire Services Community Facilities District No. 2013 -1, adopt Resolution and give First Reading to Ordinance. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager City Council Meeting of 09/11/2013 AGENDA HIGHLIGHTS September 11, 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 Closed Session matters. The Council will recess into Closed Session and, upon conclusion of the Closed Session, any Closed Session action will be announced and the meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the remainder of the agenda items. �6 S0 ejj There will be a conference with Legal Counsel regarding two matters of existing litigation, one matter relating to the initiation of litigation, and one matter of potential litigation. REGULAR MEETING - 5:15 p.m. item 8h. Operation of City Animal Shelter. In order for the City to begin operating our own animal shelter, we are preparing for the County's upcoming vacation of the joint shelter operation. Because of the necessity to make immediate purchases of various equipment and related services for our new operation in a relatively short timeframe, staff is requesting approval of a resolution to dispense with normal bidding procedures to purchase goods and services needed for the City shelter. Funds to cover these expenses are available in the Capital Outlay Fund, as the FY 2013/14 budget included funding for shelter improvements. Item 8t. New Bakersfield Habitat Conservation Plan (HCP). The existing HCP will expire in August 2014. Staff is requesting Council approval of several related agreements to continue towards the implementation a new HCP: 1) an Agreement with the State Fish and Wildlife Department to receive $694,852 in grant funding to continue preparation of the plan; 2) Amendment #1 to add $694,852 to the Agreement with ICF Jones & Stokes to continue their planning and documentation work; and 3) a request to appropriate the Fish and Wildlife grant to the Community Development Department Operating Budget. Item 8aa. Mohawk Street Improvements from Rosedale Highway to Sienna Lane This project will extend Mohawk Street north of Rosedale Highway to Hagemen Road (Sienna Lane is about a half mile south of Hageman; there is an existing section of road from Sienna to Hageman that will complete the connection to Hageman). It will include four lanes, a bridge over the Calloway Canal, and modification of the traffic signal at Mohawk and Rosedale Highway. This action includes a request for approval of a contract with the low bidder, Granite Construction, in the amount of $3,017,932.00 and the appropriation of $1 million in State Local Partnership Program (SLPP) grant funding and $1.5 million of Traffic Development Funds to the Public Works Capital Improvement Budget to complete the funding for this project. An additional source of funding for this project includes a developer contribution from World Oil in the amount of $1.4 million that was previously appropriated on May 1, 2013. World Oil has also committed an additional $400,000.00 to this project, which will be appropriated when received and will offset the project costs accordingly. Please note that the requirements of the $1 million SLPP grant include an equal match of local developer funding and that the construction contract to be awarded by September 30, 2013. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - August 14, 2013 Council Meeting Page 2 11111111111.11111111j,, 11 _ - . Ilgpul. ADMINISTRATIVE REPORT MEETING DATE September 11, 2013 AGENDA SECTION: Closed Session ITEM: 3.,Z , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 27, 2013 APPROVED DEPARTMENT HEAD V� CITY ATTORNEY CITY MANAGERS Conference with Legal Counsel — Existing Litigation Closed session pursuant to Government Code section 54956.9 (d) (1) •� Jetunda Wright v. City of Bakersfield, et al. USDC Case No. 1:11 -CV- 00954- LJO -JLT • Edward Colson v. City of Bakersfield Kern County Superior Court Case No. S- 1 500-CV-277378-DRL VG:Isc S: \COUNCIL \CI Sess\ Admins \13- 14 \9- 11- 13Existlit.docx `\1111`11111111111111 //7 /'i ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Closed Session ITEM: ,3. b. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Va- DATE: September 3, 2013 CITY ATTORNEY ✓6- CITY MANAGER_ –0 SUBJECT: Conference with Legal Counsel — Initiation of Litigation Closed session pursuant to Government Code section 54956.9(d) (4) (one potential case). VG:Isc S: \COUNCIL \CI Sess\ Admins \13- 14 \9- 11- 131nitLit.docx 1 ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Closed Session ITEM: 3. C TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD �G DATE: August 15, 2013 CITY ATTORNEY CITY MANAGER N� SUBJECT: Conference with Legal Counsel — Potential Litigation Closed session pursuant to Government Code section 54956.9(d) (2),(e) (1) (one matter). VG:Isc S: \COUNCIL \CI Sess\ Admins \13- 14 \9- 11- 13PotLit.docx A ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Presentations ITEM: 4. a TO: Honorable Mayor and City Council AP ED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: August 21, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Mike Olcott, declaring September 18th through September 29th as Kern County Fair Days in Bakersfield. RECOMMENDATION: BACKGROUND: krt MEETING DATE: September 11, 2013 AGENDA SECTION: Presentations ITEM: H. b. TO: Honorable Mayor and City Council A PROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: August 21, 2013 CITY ATTORNEY CITY MANAGER Iw SUBJECT: Presentation by Mayor Hall of Proclamation to Links for Life Board of Directors President, Stephanie Lynch, declaring October, 2013, Paint the Town Pink Month in Bakersfield. RECOMMENDATION: BACKGROUND: kR A ADMINISTRATIVE REPORT TO MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g . a , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk August 29, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /W Approval of Minutes of the August 14, 2013, Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: S b TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: August 28, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from August 2, 2013 to August 28, 2013 in the amount of $18,465,878.88, Self Insurance payments from August 2, 2013 to August 28, 2013 in the amount of $636,167.95, totaling $19,102,046.83 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: August 28, 2013, 10:08AM S:\Kim G\ADMIN \COUNCIL - ADMIN- AP- 2014\ADMIN —AP 091113.doc MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g . C TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD.. CITY ATTORNEY DATE: August 15, 2013 CITY MANAGER S SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres located at the southeast corner of Seventh Standard Road and Calloway Drive (ZC #13-0136 - McIntosh & Associates representing Kern Land Partners, LLC) (Ward 3 upon Annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on August 14, 2013. The public hearing for this project was opened at the City Council meeting of July 17, 2013 and continued to August 14, 2013. Staff recommended the continuance so the applicant could continue to work with the appellant, Mr. Clayton Camp, to address his concerns. In addition, the applicant questioned a condition on the general plan amendment requiring gap road improvements south of the project along the east side of Calloway Drive, which are off -site and currently located in the County's jurisdiction. This condition has been revised to clarify giving the developer credit for some of the gap improvements upon construction and annexation of the area. The proposal would allow for the development of approximately 280 single - family dwellings on the 77 -acre project site. The proposal requires annexation of the site into the City of Bakersfield. The current city limits are contiguous to the project site on the east and west side, however, not to the south. Unless there is agreement among property owners to the south to also annex into the City, there is the potential that a County island may be created. It should be noted that the City will not submit an application for annexation to LAFCo until a resolution is reached in the current dispute with Kern County regarding the County's re- interpretation of the master tax split agreement. August 28, 2013, 1:24PM CG /S:IDanaIADMINS120131SEPT19 -11 -0136 2.doc ADMINISTRATIVE REPORT The project site is relatively flat and includes two houses and agricultural land. Existing developments surrounding the project site include ranch -style residences to the north and south, single - family residential to the southwest and agricultural areas which are planned for residential development to the southeast. Planned commercial uses are located both directly east and west of the project site. There is also additional commercial use at the intersection of Coffee Road and Seventh Standard Road, which is known as the Saco Ranch project. At the time development occurs, the property will be under the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. In addition, under standards jointly adopted by the City of Bakersfield, the County of Kern and the City of Shafter, Seventh Standard Road will be developed with a 30- foot landscaped parkway behind the standard sidewalks. As an Expressway, no direct access will be allowed to Seventh Standard Road from the project site; however, both Calloway Drive and Quail Creek Road (east end of the site) will be signalized intersections when fully developed. Primary vehicle, bicycle and pedestrian access to the site will be via Calloway Drive (Arterial) on the west and Quail Creek Road (Collector) on the east side of the project site. All sidewalks and pedestrian access throughout the development will be required in accordance with City standards. There are currently no GET bus routes that run along the project site. In northwest Bakersfield, current GET bus routes do not travel north of Olive Drive. The City's Bikeway Master Plan identifies Seventh Standard Road as a Class 3 facility (bike route with posted signs, no marked lanes). Along the project site, bike lanes or routes do not exist on Calloway Drive. According to the City's Bikeway Master Plan, Calloway Drive is planned for Class 2 bike lanes to the south, starting at Snow Road. The Traffic Engineer will evaluate if bike lane striping should be installed or delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). The approved land use allows for the development of single - family residential homes and increased the density to what is more typical of City development. The increased residential density is compatible with the surrounding urban commercial and residential uses. The Metropolitan Bakersfield General Plan encourages the intensification of land use that maintains continuity of existing development. The proposal would support the planned commercial uses along Seventh Standard Road at the Calloway Drive and Coffee Road intersections. The higher density residential will also act as a buffer to separate Seventh Standard Road from the rural and estate uses to the south of the project site. The area along the south side of the project site is developed with larger rural and estate single - family lots of two and one half (2'/2) acres. Staff originally recommended a condition on the proposed general plan amendment for the project, that the lots which abut the large lots be a minimum of 10,000 square feet for a more compatible transition to increased densities further north on the project site. At the Planning Commission hearing, the minimum lot size along the southern boundary of the project August 28, 2013, 1:26PM CG /S:IDanaIADMINS120131SEP719 -11 -0136 2.doc ADMINISTRATIVE REPORT site was increased to 18,000 square feet because of concerns raised by neighbors not wanting city -sized lots backing up to their larger rural properties. The applicant agreed to this modified condition. To assist the Commission with considering requiring the larger lots along the south boundary of the project site, examples were given by Staff where larger lot sizes were required to act as a buffer between more rural and urban development or for neighborhood compatibility. There is a 10,000- square foot lot minimum on the south side of Snow Road between Allen Road and Old Farm Road that was added by City Council to a general plan amendment in 2001 because of similar concerns raised by neighbors to preserve the rural character of the neighborhood. Lot size minimums were also increased that range from 14,000 square feet to 18,000 square feet in the area north of Brimhall Road and east of Old Farm Road. Increasing urban and higher density uses make sense along Seventh Standard Road which serves as a major transportation corridor and entrance into the City of Bakersfield. The General Plan encourages higher housing densities along transportation corridors to help reduce vehicle trips if adjacent to other commercial and potential employment areas. The Planning Commission conducted a public hearing on this General Plan Amendment and Zone Change on June 6, 2013, and recommended approval to the City Council. Commissioners Lomas, Batey, Dodgin and Strong voted for approval, Commissioners Kirschenmann and Wade voted "no" and Commissioner Tkac was absent. Two individuals present at the hearing opposed the request, Mr. Clayton Camp and Mr. Stewart Fleeman. Both individuals were concerned about the increase in density and stated it did not fit in with the rural character of the neighborhood. They requested keeping the existing one -acre lot minimum under the current zoning adjacent to their neighborhood. The Commission questioned staff about leaving a gap of unimproved road on Calloway Drive south of the project site, but no condition was added due to the concern that the improvements would remain outside the City's jurisdiction. However, after reviewing previously approved General Plan amendments with the same issue and finding that the City Council has required similar gap improvements, Staff added a condition to the general plan amendment that requires the developer to complete road improvements for the east side of Calloway Drive between the south boundary of the GPA /ZC area and Etchart Road (adjacent to Tract 5222) to Arterial standards. The condition also states that once this right -of -way is annexed into the City, the developer will be given credit for constructing the three northbound lanes toward the Traffic Impact Fee for both the Calloway Drive and the gap improvement project line items on the Regional Transportation Facilities List. The Developer must also enter into a reimbursement agreement with the City for median island improvements, but will be responsible for all costs associated to the relocation of the utility lines within this area. An appeal of the General Plan Amendment and Zone Change was filed with the City Clerk on June 17, 2013 by Mr. Clayton Camp. Mr. Camp is against allowing 18,000- square foot lots along the property line to the south of the project, which would abut his and the other two and one half (2'/2) acre lots. Mr. Camp wants to keep the semi -rural atmosphere of the neighborhood August 28, 2013, 1:26PM CG /S:IDanaIADMINS120131SEP719 -11 -0136 2.doc ADMINISTRATIVE REPORT by requiring one -acre lots adjacent to his subdivision, then one -half ('/2) acre lots across the street, and then allow the smaller city -sized lots north to Seventh Standard Road. As a result of the public hearing continuance, the applicant has worked with Mr. Camp to address his concerns by agreeing to conditions on the general plan amendment, requiring all lots abutting his neighborhood to have a minimum area of 22,000 square feet and a minimum depth of 150 feet (Conditions 19 and 20, respectively), and prohibit any drainage basin within 150 feet from the south boundary of the project area (Condition 21). Additionally, the applicant agreed to record a covenant restricting buildings to a single story on any lot abutting Mr. Camp's neighborhood (Note: This is a private covenant between the two parties that was not added as a condition since the existing and proposed zoning currently allows two -story homes). Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on May 6, 2013, in accordance with CEQA. Staff recommends adoption of the ordinance. August 28, 2013, 1:26PM CG /S:IDana14DMINS120131SEP719 -11 -0136 2.doc A ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: Y. d TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: August 16, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from Planned Unit Development to Revised Planned Unit Development on 4.65 acres located at the southwest corner of Ming Avenue and Gosford Road. A previously adopted Negative Declaration of PUD /ZC # 06 -0332 applies to this project. (ZC # 13 -0166 - Mclntosh & Associates representing Castle & Cooke California, Inc., and University Park Community Association) (Ward 5) l: _ *1i_r*]1',1�'.Ii I730*T. Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on August 14, 2013. On June 20, 2013, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. In 2006, approvals were granted for Planned Unit Development 06 -0332 consisting of 217 single - family homes on a 30.6 -acre site located at the southwest corner of Ming Avenue and Gosford Road. A total of 97 units on the northerly half of the site were designed on individual lots. The other 120 units on the southerly half were designed in a cluster arrangement of four to seven units per lot sharing a common driveway. The project has now been partially constructed under the development name of "Oxford Cottages at University Park." A total of 50 of the "clustered" units have been built or are still planned to be built. The developer has found that there is a preference among buyers for the individual lot design. Therefore, they are now seeking to modify the design of the remaining 4.65 -acre undeveloped southerly portion of the site to change from 70 "clustered" units to 35 units on individual lots. In order to accomplish this, the Planned Unit Development (PUD) zoning for this portion of the site must be revised to reflect this change. Figure 1 shows the change in lot configuration. August 28, 2013, 1:31 PM PE /S:IDanaIADMINS120131SEP719 -11 -0166 2.docx ADMINISTRATIVE REPORT No one spoke in opposition to the project at the Planning Commission hearing. The Revised Planned Unit Development incorporates the residential unit styles and building setbacks incorporated in the existing Planned Unit Development. Staff recommends adoption of the ordinance. August 28, 2013, 1:31 PM PE /S:IDanaIADMINS120131SEP719 -11 -0166 2.docx MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM $ . e_. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD �'� DATE: August 22, 2013 CITY ATTORNEY o 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 authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on August 12, 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. 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. 5703 Alice Springs Avenue 2. 901 Bradshaw Street 3. 731 S. Brown Street 4. 802 S. Brown Street 5. 28 Clyde Street 6. 3610 Hale Street 7. 236 S. Haley Street August 28, 2013, 11:30AWkd S: \Dana\ADMINS\2013 \SEPT\9 -11- Property Abatement.docx APN COST 413 - 211 -10 $ 695.00 170 - 090 -14 $ 735.00 019 - 121 -15 $ 600.00 019 - 142 -08 $ 710.00 018- 431 -13 $ 1,199.00 172 - 052 -09 $ 650.00 019 - 191 -01 $ 1,169.00 ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 8. 217 Hayes Street 018- 350 -27 $ 1,399.00 9. 242 Hayes Street 018 - 310 -02 $ 105.00 10. 610 Kirklees Court 518- 144 -29 $ 300.00 11. 241 L Street 010- 250 -11 $ 600.00 12. 2618 Lee Drive 022- 222 -07 $ 1,275.00 13. 1805 Lewis Street 172- 053 -07 $ 105.00 14. 5501 Mar Grande Avenue 173- 580 -21 $ 689.00 15. 1304 Murdock Street 018 - 122 -39 $ 715.00 16. 31 Northrup Street 018- 330 -29 $ 1,090.00 17. 4701 Olivia Street 171- 190 -08 $ 1,100.00 18. 105 S. Owens Street 018- 270 -35 $ 650.00 19. 111 S. Owens Street 018 - 270 -14 $ 650.00 20. 115 S. Owens Street 018- 270 -15 $ 650.00 21. 801 Pacheco Road 412- 202 -01 $ 735.00 22. 1500 Pacheco Road #1 171- 200 -01 $ 1,050.00 23. 1979 Potomac Avenue 019 - 122 -09 $ 875.00 24. 831 Q Street 009 - 201 -07 $ 710.00 25. 608 R Street 009- 391 -15 $ 875.00 26. 1217 Ralston Street 018-111-10 $ 300.00 27. 6606 Rutland Way 518- 141 -04 $ 710.00 28. 813 Watts Drive 170- 142 -07 $ 300.00 29. 604 S. Williams Street 019- 091 -02 $ 699.00 30. 1300 E. 9'" Street 018- 061 -28 $ 300.00 1. • •F 31. 1319 Beale Avenue 015 - 200 -20 $ 600.00 32. 243 Bernard Street 012- 200 -01 $ 680.00 33. 251 Bernard Street 012- 200 -03 $ 300.00 34. 917 Dolores Street 017- 400 -04 $ 1,059.00 35. 205 Eye Street 010- 280 -13 $ 105.00 36. 300 F Street 008- 291 -11 $ 105.00 37. 3201 F Street 001- 030 -21 $ 405.00 38. 1716 Forrest Street 007 - 197 -14 $ 105.00 39. 1922 Forrest Street 007- 197 -01 $ 1,350.00 40. 230 H Street 010- 280 -20 $ 760.00 41. 5912 Hartman Avenue 331 - 071 -25 $ 105.00 42. 1300 Miller Street 015- 170 -09 $ 300.00 43. 724 Oregon Street 013- 270 -08 $ 1,329.00 44. 814 Oregon Street 013 -260 -11 $ 600.00 45. 1023 Robinson Street 015- 400 -17 $ 740.00 46. 719 Sumner Street 016- 070 -06 $ 688.00 August 28, 2013, 11:30AM /kd S: \Dana\ADMfNS\2013 \SEM9 -11- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 3 47. 3412 Harvard Drive 48. 3112 Pomona Street Ward 4 49. 13801 Romero Avenue Ward 5 50. 3904 Looming Bend Drive 51. 812 Silver Oak Drive Ward 6 52. 4923 Hartwick Court 53. 6100 Quaking Aspen Street 54. 5409 Ridgecrest Court 55. 5504 Shadow Stone Street 56. 5516 Silver Creek Road 57. 6818 Slickrock Drive Ward 7 58. 1402 Innsbruck Drive 59. 2705 Macau Street 60. 2626 Ming Avenue 61. 2701 Morin Court 62. 8614 Vincenso Way APN COST 383 - 212 -18 $ 700.00 021 - 351 -02 $ 105.00 522 - 093 -06 $ 105.00 394 - 152 -07 $ 300.00 501 - 082 -02 $ 105.00 499 - 201 -01 $ 105.00 498 - 102 -11 $ 1,025.00 532 - 091 -24 $ 300.00 498 - 172 -03 $ 105.00 499 - 053 -10 $ 725.00 498 - 652 -11 $ 790.00 517- 433 -01 $ 105.00 514- 430 -10 $ 830.00 148- 230 -17 $ 650.00 023 - 580 -08 $ 1,550.00 514- 662 -29 $ 105.00 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. August 28, 2013, 11:30AM /kd S: \Dana\ADMINS\2013 \SEPT\9 -11- Property Abatement.docx BA ADMINISTRATIVE REPORT F MEETING DATE: September 11, 2013 AGENDA SECTION Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 28, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Replacement of aeration blower at Wastewater Treatment Plant No. 3 (Ward 6): 1. Resolution determining that a certain Siemens replacement aeration blower at Wastewater Treatment Plant No. 3 cannot be obtained through the usual bidding procedures because of the need to integrate blower into the existing treatment plant processes and authorizing the Finance Director to dispense with bidding therefore, not to exceed $350,000. 2. Appropriate $350,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget. RECOMMENDATION: Staff recommends adoption of Resolution and approval of appropriation. BACKGROUND: Wastewater Treatment Plant 3 operates five Siemens aeration blowers for treatment of the wastewater influent. These five aeration blowers must work in synchronization with each other; therefore, compatible aeration blowers are necessary for the treatment of wastewater influent. One of the five Siemens aeration blowers experienced a catastrophic failure during its operation and is not currently available to the treatment process. All five aeration blowers must be operational for optimal treatment of wastewater influent. Siemens aeration blowers are a reliable and effective product. City staff contacted the manufacturer of the blower (Siemens Corporation) and Parsons Water and Infrastructure Inc., the design firm for the Wastewater Expansion project. All parties concur that the failure of the blower is not attributable to the product itself. The cause of the blower failure was caused by mounting hardware becoming loose over time. The manufacturer's representative, Parsons staff, and city staff concur that replacement of the blower is the most cost effective option for the City. Similar model equipment is required for proper operation and integration of treatment processes at the Plant. Compatible Siemens aeration blower is only available from Siemens Corporation. Siemens has offered the City a 20% discount on the replacement blower. August 28, 2013, 3:11 PM G:\ GROUPDAT \ADMINRPT\2013 \09- 11\Admin - SoleSourceReso - Aeration Blower - revised.doc ADMINISTRATIVE REPORT This resolution authorizes the Finance Director to dispense with normal bidding procedures in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code because of the need to integrate the replacement blower into the existing treatment processes at Plant 3. Staff recommends the appropriation of $350,000 to fund the replacement of the aeration blower. Sewer Enterprise Funds provide the funding source for this purchase. Therefore, there is no General Fund impact. The FY 13/14 proposed budget included a new service maintenance worker position. This position will perform preventative maintenance work on Plant 3's extensive and complicated treatment equipment. This will minimize future occurrences of this type of equipment failure. August 28, 2013, 3:11 PM G:\ GROUPDAT \ADMINRPT\2013 \09- 11\Admin - SoleSourceReso - Aeration Blower - revised.doc MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $ • q. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: August 12, 2013 APPROVED DEPARTMENT HEAD N'N CITY ATTORNEY CITY MANAGER SUBJECT: Resolution determining that certain Motorola radio equipment cannot be obtained through usual bidding procedures because of the need to integrate into the existing Police Department Communications Center radio infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $80,000. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Police Communications Dispatch Center utilizes Motorola console equipment to interface both radio and telephone calls. The old Windows Server 2000 operating system is no longer supported by Motorola. The associated hardware for eleven workstations is also more than six years old and not compatible with new Motorola software. Sufficient funds are budgeted for the equipment. The funding source for the purchase of hardware and software is the Fleet Management Fund, which is an Internal Service Fund. Communication rental costs are charged to user departments (in this case the Police Department) to ensure sufficient funds are available to replace obsolete communication equipment once the equipment reaches the end of its useful life. wh August 29, 2013, 12:39PM G:\GROUPDAT\ADMINRPT\ADMINFORM.doc MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: September 4, 2013 DEPARTMENT HEAD CITY ATTORNEY A _-�_ CITY MANAGER SUBJECT: A Resolution dispensing with bidding procedures due to urgent necessity to operate the Animal Shelter. RECOMMENDATION: Staff recommends approval of the Resolution. BACKGROUND: The City of Bakersfield's current one -year operational /lease agreement with the County of Kern for the sheltering of stray and otherwise unwanted City animals expires on September 30, 2013. The City provided the County with a written official notice to the County that their lease and the operational agreement between the City and the County expire on September 30, 2013, thus requiring the County to vacate the current shelter by the close of business on September 30, 2013. In order to implement the City Council's direction to become operational as a stand -alone City animal shelter, the City must prepare for the County's vacation from the animal shelter. The City anticipates that in order to transfer the operation of the animal shelter from the County to the City, City staff will need to immediately purchase necessary work, equipment, supplies and materials, including but not limited to a phone system, freezer, computer software and networking equipment, copiers and printers, services for sealing kennel facilities, and a pre- fabricated administrative building (collectively "Shelter Goods and Services "). The purchase of the Shelter Goods and Services is urgently necessary for the preservation of life, health, and property because the animal shelter requires immediate investment to ensure the wellbeing of the animals. Therefore, City staff needs the flexibility granted by the adoption of this Resolution. Funding for the purchases identified in this Resolution will come from Capital Outlay Fund projects already included in the FY 2013 -14 budget for shelter improvements. Informal bid procedures will continue to be used to assure the best available pricing. JHRGRI:Isc SACO NCILW dmins113- 14Admins \AnlmalServ.Disp8idding.dxx �Or `ACV OR ADMINISTRATIVE REPORT U � O [+''qtr i�♦ qL1 0 MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g. i TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Christi Tenter, Human Resources Manager July 10, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 17 New and Revised Job Specifications, Change to Salary Sc dule and Reclassification: 1. Amendment No. 1 to Resolution No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Community Development Technician and Associate Planner 1 /11. 2. Revised Job Specifications: Building Inspector 1 /11 #27140/ #27080; Building Inspector III - Generalist #58600; Building Inspector III - Electrical Specialist #58610; Building Inspector III - Plumbing and Mechanical #58620; Principal Planner #59890 3. Title Change: Community Development Technician #25030 4. New Job Specification: Associate Planner 1 /II #25040/ #27060 5. Reclassification: Assistant Planner, Development Assistant and Development Associate to Associate Planner 1 /II and Building Permit Technician and Planning Technician to Community Development Technician RECOMMENDATION: Staff recommends adoption of the resolution, approval of the revised and new job specifications and reclassifications. BACKGROUND: BUILDING DIVISION The job specifications for Building Inspector 1 /II, Building Inspector III - Generalist, Building Inspector III - Electrical Specialist, and Building Inspector III - Plumbing and Mechanical have been revised. The job specifications for Building Inspector 1 /II have not been updated since 1995 and the Building Inspector III's since 2003. O�BAKE �,ABVOR,re �S ADMINISTRATIVE REPORT LI Language was changed and /or added to update the class summary, essential job duties, minimum qualifications, licenses, certificates and special requirements, and physical or special working conditions to reflect the actual job duties. Human Resources staff worked closely with the Building Director to update the job specifications. SEIU has reviewed and approved the revisions. There is no budgetary impact as the salaries will remain the same. The revised job specifications were presented and approved by the Miscellaneous Civil Service Board at their July 16, 2013 meeting. PLANNING DIVISION In 2012 organizational consolidations were approved and implemented to merge economic development functions into the existing Development Services Department; resulting in a newly defined Community Development Department. These actions were in preparation of impending changes as a result of the dissolution of Redevelopment. Since that consolidation on -going operational analysis has been undertaken to ensure processes and classifications complement one another in supporting department business needs and overall operating efficiency. At this time additional redesign is being recommended to better support daily business and staffing needs, which will have a neutral impact to current headcount numbers and approved staffing budgets. The department currently has two classifications, Building Permit Technician and Planning Technician which have seemingly parallel responsibilities, essential functions and minimum qualifications. The two classes are being consolidated into a singular class, Community Development Technician. Utilizing a singular classification to represent these job functions enhances the opportunity for cross - training, back -up support and overall efficiency. In addition, the some holds true for Assistant Planner, Development Assistant and Development Associate. A revised classification of Associate Planner 1 /11 is proposed to impact efficiency within these classes. Those in the current class titles will be reclassified to the new corresponding titles. Due to the placement on the salary schedule of those incumbents currently in the classes there will be no monetary impact to the department budget at this time. Lastly, the Principal Planner job specification has not been updated since 1989. The proposed revision is representative of current work being performed within the job classification along with job specification formatting. There is no salary impact or impact to personnel related to the job specification revision. The new job specifications were presented and approved by the Miscellaneous Civil Service Board at their July 16, 2013 meeting. CT /AG 'BAK O�ywnwR.r�RS ADMINISTRATIVE REPORT .IM IF Salary Grade Comparison - Current: 1. Planning Technician $23.202 $24.360 $25.576 $26.852 $28.200 2. Building Permit Technician $24.314 $25.545 $26.828 $28.192 $29.626 3. Development Assistant $25.260 $26.523 $27.840 $29.229 $30.697 4. Development Associate / Associate Planner $31.739 $33.332 $34.998 $36.748 $38.589 5. Assistant Planner $25.260 $26.523 $27.840 $29.229 $30.697 Salary Grade Comparison - Amended: 1. Associate Planner 1 /II $25.260 $26.523 $27.840 $29.229 $30.697 $31.739 $33.332 $34.998 $36.748 $38.589 2. Community Development Technician $24.314 $25.545 $26.828 $28.192 $29.626 A COVOM ADMINISTRATIVE REPORT U p c 0 MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council i Christi Tenter, Human Resources Manager �f August 28, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY ✓& CITY MANAGER S Revised Job Specifications and Change to Salary Schedule Amendment No. 1 to Resolution No. 080 -13 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Information Technology Supervisor 2. Revised Job Specification: Engineering Technician 1 #25270 3. Title Change and Revised Job Specification: Information Technology Supervisor #57160 RECOMMENDATION: Staff recommends adoption of the resolution, approval of the revised job specifications. BACKGROUND: ENGINEERING TECHNICIAN I As part of the recruitment process, the job specification for Engineering Technician I has been revised. The job specification has not been updated since 1994. Language was changed and /or added to update the class summary, essential job duties, minimum qualifications, special requirements and physical or special working conditions to reflect the actual job duties. The job specification has also been put into a new format for readability and consistency with currently revised job specifications. SEW has been advised of the proposed revisions. There is no budgetary impact as the salary will remain the same. The revised specification was presented and approved by the Miscellaneous Civil Service Board at their August 20, 2013 meeting. INFORMATION TECHNOLOGY SUPERVISOR The Information Technology Division is proposing a title change and to update their current job specification of Technology Services Supervisor to Information Technology Supervisor. The job specification has not been amended since 2002. Language was changed and /or added to update the job title, class summary, essential job duties, distinguishing characteristics, minimum qualifications, and licenses, certificates and special requirements to reflect the actual job duties. Human Resources staff worked closely with the Information Technology Director to update the job specification. The Information Technology Supervisor position is in the supervisory unit and does not require SEIU approval. There is no budgetary impact as the salary will remain the same. The revised job specification was presented and approved by the Miscellaneous Civil Service Board at their August 20, 2013 meeting. (mb) A A ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $ TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: August 13, 2013 SUBJECT: Sewer connection fee assessment (Ward 7): AU ROVED D DEPARTMENT HEAD CITY ATTORNEY I- E CITY MANAGER S _ Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Lora D. Bass, 4921 Elysium Street, to pay sewer connection fee in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the property. RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The owner of the above referenced property desires to connect said property to the City sewer system. The property owner claims that to pay the sewer connection fee in one payment would produce an economic hardship. Ordinance No. 4648, dated August 18, 2011, provides for the owner to pay the sewer connection fee over a period not to exceed eight years. No interest will be charged. Such cost shall be considered a lien on the owner's property upon which the connection was made. The sewer connection fee is $4,000 for this property. The property owner desires to pay the sewer connection fee of $4,000 over eight years. To assist in paying the connection fee, the City has contracted with the property owner to apportion the connection fee over an eight -year period to be collected with their property taxes in accordance with Municipal Code Sections 14.12.030, 14.12.390, and 16.32.060. This Resolution authorizes the Kern County Tax Collector to collect the connection fee in eight equal payments over the next eight years. .. G: \GROUPDAT\ADMINRPT \2013 \09 - 11\4921 Elysium SewerCon ADMIN.doc August 16, 2013, 11:04AM A 4 ADMINISTRATIVE REPORT IFO MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: g. 1. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: August 13, 2013 SUBJECT: Sewer connection fee assessment (Ward 4): APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & _ Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Theodore R. Merickel and Tracy A. Merickel, 3825 Green Hills Street, to pay sewer connection fee in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the property. RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The owners of the above referenced property desire to connect said property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. Ordinance No. 4648, dated August 18, 2011, provides for the owner to pay the sewer connection fee over a period not to exceed eight years. No interest will be charged. Such cost shall be considered a lien on the owner's property upon which the connection was made. The property owners desire to pay the sewer connection fee of $2,920 over four years. The $2,920 is based upon fees established for the Green Hills Planned Sewer Area. To assist in paying the connection fee, the City has contracted with the property owner to apportion the connection fee over a four -year period to be collected with their property taxes in accordance with Municipal Code Sections 14.12.030, 14.12.390, and 16.32.060. This Resolution authorizes the Kern County Tax Collector to collect the connection fee in four equal payments over the next four years. .. G: \GROUPDAT\ADMINRPT\2013 \09 -11 \3825 Green Hills St Sewer Fee ADMIN.doc August 16, 2013, 10:50AM A ° ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: F , m TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: August 13, 2013 SUBJECT: Sewer connection fee assessment (Ward 7): APPROVED DEPARTMENT HEAD CITY ATTORNEY )�k CITY MANAGER 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Margaret J. Lancaster, 1921 Wade Avenue, to pay sewer connection fee in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the property. RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The owner of the above referenced property desires to connect said property to the City sewer system. The property owner claims that to pay the sewer connection fee in one payment would produce an economic hardship. Ordinance No. 4648, dated August 18, 2011, provides for the owner to pay the sewer connection fee over a period not to exceed eight years. No interest will be charged. Such cost shall be considered a lien on the owner's property upon which the connection was made. The sewer connection fee is $4,000 for this property of which the property owner has paid $1,000. The property owner desires to pay the remaining sewer connection fee of $3,000 over eight years. To assist in paying the connection fee, the City has contracted with the property owner to apportion the connection fee over an eight -year period to be collected with their property taxes in accordance with Municipal Code Sections 14.12.030, 14.12.390, and 16.32.060. This Resolution authorizes the Kern County Tax Collector to collect the connection fee in eight equal payments over the next eight years. .. G: \GROUPDAT\ADMINRPT\2013 \09 -11 \1921 Wade Ave Sewer Fee ADMIN.doc August 16, 2013, 11:00AM MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $ , n , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 13, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY p,. CITY MANAGER /6 Sewer connection and construction fee assessments (Ward 1): 1. Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with the property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the property: a. Tom Morreale 21 Dunlap Street b. April Elaine Castro 148 Morrison Street c. Deanna L. Mclnnerney 4100 Joseph Drive RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreements. BACKGROUND: The owners of the above referenced properties desire to connect said properties to the City sewer system. The property owners claim that to pay the sewer connection and construction fees in one payment would produce an economic hardship. Ordinance No. 4648, dated August 18, 2011, provides for the owner to pay these sewer fees over a period not to exceed eight years. No interest will be charged. Such costs shall be considered a lien on the owner's property upon which the connection was made. The property owners desire to pay the sewer connection fee of $4,000 and the sewer construction fee of $5,468.10 over eight years. The total fee of $9,468.10 is based upon fees established for the McDonald Planned Sewer Area. There are three other Administrative Reports for sewer connection assessments on tonight's Council Agenda. These three Administrative Reports are for sewer connection fees only and include no construction costs since these construction costs have already been paid. The McDonald Planned Sewer Area requires the payment of sewer construction costs. To assist in paying the connection fee, the City has contracted with the property owners to apportion the connection and construction fees over an eight -year period to be collected with their property taxes in accordance with Municipal Code Sections 14.12.030, 14.12.390, and 16.32.060. This Resolution authorizes the Kern County Tax Collector to collect the connection fee in eight equal payments over the next eight years. da G: \GROUPDAT\ADMINRPT\2013 \09 -11 \McDonald PSA 9- 11- 13.doc August 16, 2013, 10:47AM F w AA +r S ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: E.O. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: August 26, 2013 CITY ATTORNEY CITY MANAGER /W SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector. 1, Area 4 -116 (2512 Oswell Street) - Ward 3 2. Area 4 -117 (910 O Street) - Ward 1 RECOMMENDATION: Staff recommends adopting the Resolutions. BACKGROUND: On August 14, 2013, the Council adopted Resolutions of Intention No. 1758 and 1759 respectively, adding the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code, Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and /or street landscaping. The areas will be under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and /or street landscaping have been installed. The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. Ps G: \GROUPDAT \ADMINRPT \2013 \09 -11 \Res est CMD 4 -116 4- 117.docx ADMINISTRATIVE REPORT ,., L♦ I MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: q TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD NY DATE: August 26, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each. 1. ROI # 1760 to add Area 2 -54 (1100 Valhalla Drive) -Ward 6 2. ROI # 1761 to add Area 5 -68 (2100 Panama Lane) - Ward 2 RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping, This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territories be added to the Consolidated Maintenance District at the next City Council meeting, The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District, This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. Ps G: \GROUPDAT \ADMINRPT \2013 \09 -11 \ROI est CMD 2 -54 & 5- 68,docx MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: T. g. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ^^,,tt DATE: August 28, 2013 CITY ATTORNEY 1Nr CITY MANAGER SUBJECT: Consultant Agreement with Niemeyer & Associates, P.C. ($150,000.00) for Bakersfield Amtrak Railroad Track Inspection Services for the four year period beginning October 1, 2013 through September 30, 2017 (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On June 7, 2013, the City issued Request for Qualifications and Fee Proposal for inspection services for Bakersfield Amtrak track from "H" Street to Union Avenue including trackage at the Amtrak Station. Only one Statement of Qualifications was submitted in response to the City's request. This was from Niemeyer & Associates, P.C. Staff reviewed the one submitted Statement of Qualifications and found the firm was acceptable and met all of the requirements for this project. For the previous twelve years, Niemeyer & Associates, P.C. has been providing consulting service of twice weekly track inspection, annual ultrasonic track inspection, annual review and upgrading of the Roadway Safety Program, annual Roadway Safety Training of employees and contract employees, and inspection of maintenance and repair work to the Bakersfield Amtrak Station Track including the Amtrak Running Track from "H" Street to Union Avenue. This new agreement will provide for those services for four years through September 30, 2017. Sufficient funds are budgeted for award of this agreement Public Transit Funds which are administered by the Kern there is no General Fund impact. Public Works / Design Engineering / ADR G: \GROUPDAT \ADMINRPT\2013 \09 -11 \Amtrak Track Inspection Services.Docx . This agreement will be funded with Council of Governments. Therefore, MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: '0. t-, TO: Honorable Mayor and City Council AMVE D FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD b(V(---'-1 DATE: August 26, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Planned Drainage Area Reimbursement Agreement (not to exceed $44,993.00) with Rio Bravo Investment Group, LLC ( "Rio Bravo "), for improvements constructed within the Shalimar Planned Drainage Area. (Ward 3) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Planned Drainage Areas (PDA) are established by local ordinance and requires a developer to pay PDA fees to defray the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas. Developers either pay the PDA fee for a specific PDA or construct the drainage area improvements. Occasionally, the drainage area improvements constructed by a developer may benefit areas outside the developer's parcel, which is referred to as oversizing. In these cases, the developer may be eligible for reimbursement of the costs of the oversizing. This reimbursement is limited to PDA fees collected from other developers within the applicable PDA. The reimbursement to the developer is limited to the lower of: Actual construction costs less developer's PDA fee; or Estimated cost of drainage area improvements as established by the PDA less developer's PDA fee. As a condition of Parcel Map No. 11894, Rio Bravo was required to install storm drain facilities in Highland Knolls Drive which is within the Shalimar PDA. The Shalimar PDA was created to pay for the drainage system serving an irregularly shaped area from SR 178 on the north to the Southern Pacific Railroad on the south, east of Sterling Road to Shalimar Road in the south portion of the area, and to Morning Drive in the north portion of the area. The drainage system improvements constructed by Rio Bravo exceeded what was required for their Parcel Map. In this case, Rio Bravo expended more for the drainage area improvements than the estimated cost established by the Shalimar PDA. The estimated cost established by the Shalimar PDA improvements was $67,335. The amount attributable to Rio Bravo's Parcel Map was $22,342. Therefore, Rio Bravo is eligible for a reimbursement of $44,993. Sufficient fees have been collected and are held in trust to cover this reimbursement. There is no General Fund impact associated with this project. Ps G: \GROUPDAT \ADMINRPT \2013 \09 -11 \Rio Bravo Investment Group Shalimar PDA reimbursement agreement - revised.docx A ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 43. S, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 27, 2013 APPROVED r DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Approval of Tract Map and Maintenance Agreement: Final Tract Map 6390 Phase 1 and Maintenance Agreement with Shaw Property Inc., a California corporation located south of Berkshire Road and east of Asseri St. (Ward 7) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: The infrastructure for Tract 6390 was previously constructed, inspected and completed with Tract 5389 Phase 3 and Tract 5762 Phase C. The developer, Shaw Property Inc„ a California corporation, is entering into a Maintenance Agreement with the City to secure the required one year warranty period for the completed improvements for Tract 6390. NOTE: THE MAINTENANCE AGREEMENT IS ON FILE WITH THE CITY CLERK'S OFFICE FOR REVIEW. .. August 27, 2013, 9:36AM G:\ GROUPDAT WDMINRPT\2013 \09- 11 \T6390 -1 Map and Maint Agr 9- 11- 13.doc MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: August 22, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: New Bakersfield Habitat Conservation Plan (All Wards): 1. Agreement to receive funds from the California Department of Fish and Wildlife ($694,852) to continue preparation of the new Bakersfield Habitat Conservation Plan. 2. Amendment Number 1 to Agreement 12 -022 with ICF Jones & Stokes ($684,683) to plan and prepare documentation that will be used for the new Bakersfield Habitat Conservation Plan. 3. Appropriate $694,852 California Department of Fish and Wildlife Grant to the Community Development's Operating Budget in the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval of agreement, amendment to an agreement and appropriation. BACKGROUND: On January 23, 2013, the Bakersfield City Council adopted Resolution No. 007 -13 accepting the Fiscal Year 2012 Federal grant funds from the Cooperative Endangered Species Conservation Fund, which is administered by the California Department of Fish and Wildlife. The grant funds will be used to prepare documentation for the new Bakersfield Habitat Conservation Plan (BHCP), the successor plan to the existing Metropolitan Bakersfield Habitat Conservation Plan that expires in August 2014. The first listed agreement will allow the City to receive grant monies of $694,852 from the California Department of Fish and Wildlife. The Federal grant funds accepted in January 2012 are administered by the State Department of Fish and Game. The draft funding agreement was only received from the State Department of Fish and Game recently. Item 2 for consideration is an amendment to an existing agreement with the ICF Jones and Stokes to continue work on the BHCP. On January 11, 2012, the City of Bakersfield approved August 28, 2013, 5:21PM PE /S:IDana1ADMINS120131SEPT19 -11 -BHCP Grant docx ADMINISTRATIVE REPORT Agreement 12 -022 hiring ICF Jones & Stokes to assist planning the BHCP (Phase 1 of the BHCP Planning process). ICF Jones and Stokes provided excellent service in fulfilling the tasks outlined in Phase 1 and met all timeline goals. Phase I work was completed in November 2012 and consisted of the compilation of required background studies and reports. Because Fiscal Year 2012 grant funds will be utilized to complete Phase 2, it has been determined that ICF Jones and Stokes was the best qualified consultant to complete Phase 2 due to their previous work on Phase 1. Agreement 12 -022 will be amended to include the work for Phase 2, which will entail development of the draft BHCP and the beginning of the associated environmental review documentation. The fee proposal from ICF Jones & Stokes is for $684,683. The remainder of the grant funds will be used for additional expenses in document preparation. The grant has a matching fund requirement, which will be met through staff time in working on this project. Work on Phase 2 will commence immediately when these contracts are finalized. It is expected that the work on Phase 2 will extend through October 2015. August 28, 2013, 5:21 PM PE /& 0anaIADMINS120131SEPT19- 11 -BHCP Grant.docx o� B o�4 y ADMINISTRATIVE REPORT �y� d �1 ir 0. i MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: %, u TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: August 26, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER F� SUBJECT: Amendment No.1 to Agreement No. 11 -128 with Gene Bogart to extend the contract term one year to allow the consultant to continue to provide technical assistance to the Water Resources Department. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the agreement. BACKGROUND: On September 1, 2010, the City entered into Agreement No. WR 10 -014 in the amount of $40,000 with Gene Bogart to assist the Water Resources Manager with negotiations pertaining to Water Resources Department regulatory matters, contracts and agreements. The agreement also required the contractor to provide technical assistance and training for management personnel and staff in the Water Resources Department as needed. On October 19, 2011, the City entered into Agreement No. 11 -128 (Amendment No. 1 to Agreement No. WR10 -014) to add $40,000 for a not to exceed amount of $80,000 and extended the contract term two years. The extension of the agreement for two years through September 1, 2012 allowed the consultant to continue to provide on -going technical assistance to the Water Resources Department. This Amendment will extend the contract term one year. No increase in funds required. The extension of the agreement for one additional year through October 31, 2014 will allow the consultant to continue to provide on -going technical assistance to the Water Resources Department with complex water related matters as needed. September 11, 2013 SA2013ADMIN REPORTS \GENEBOGART\MR BAKE 0� w ■vim S l° ADMINISTRATIVE REPORT LIFO MEETING DATE: September 11, 2013 AGENDA SECTION Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2013 APPROVED DEPARTMENT HEAD E CITY ATTORNEY CITY MANAGER Major Overhaul and Repair of Centrifuge No. 4 at Wastewater Treatment Plant No. 3 (Ward 6): 1. Amendment No. 2 to Agreement No. 12 -133 with Centrisys Corporation ($125,000; revised not to exceed $325,000) for major overhaul and repair of Centrifuge No. 4. 2. Appropriate $125,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of amendment and appropriation. BACKGROUND: Wastewater Treatment Plant 3 operates four centrifuges for the processing of wastewater biosolids at the Plant. Because of the specialized nature of this equipment, a Request for Qualifications was issued in April 2012 for on -call maintenance services for the centrifuges. On October 17, 2012, Agreement No. 12 -133 with Centrisys Corporation was approved. This $100,000 Agreement provided for on -call maintenance for the centrifuges that perform dewatering at Plant 3. Dewatering refers to a sludge treatment process that removes water from the sludge and allows the sludge to be handled and disposed of per the guidelines set forth in Plant 3's State Water Resources Control Board Permit. Centrifuges require major maintenance and must be performed by a qualified company that specializes in this work. On April 17, 2013, Amendment No. 1 was approved which increased the compensation clause by $100,000 to continue the specialized repair and service maintenance to the centrifuges in an efficient and timely manner. Centrifuge Nos. 1, 2, and 3 have been overhauled and function at optimal levels. The five -year CIP Plan includes $125,000 in FY 15/16 to overhaul centrifuge No. 4. Staff recommends expediting the overhaul of this centrifuge. Centrisys has provided excellent service in the overhauling of the other three centrifuges. Currently, centrifuge 4 is dormant since it is in need of a major overhaul. The overhaul of centrifuge 4 will allow the City to enhance its current sludge handling treatment and practices in accordance with regulations mandated by the California Regional Water Quality Control Board. Additionally, depending upon biosolid levels in the digesters, the three working centrifuges may have to be placed into operation during the weekends. When this occurs, trucks must be available to haul and spread the biosolids. Once August 28, 2013, 2:38PM G:\ GROUPDAT \ADMINRPT\2013 \09- 11\Admin - Centrifuge Repair by Centrisys - revised.doc ADMINISTRATIVE REPORT centrifuge No. 4 becomes available, the need for centrifuge use during the weekend is significantly reduced. Additionally, there will be less "wear and tear" on the other three centrifuges. Centrifuges are a critical part of the treatment of influent. Centrifuges are complicated pieces of equipment with many interrelated parts. Major maintenance is performed after the centrifuges have reached a milestone in the number of hours operated. Due to harsh environments that the centrifuges operate under, this maintenance is required every three years. Additionally, in order to minimize major maintenance costs in the future, Centrisys will train City staff on specialized maintenance that is required every three years on the centrifuge equipment. Staff recommends approval of Amendment No. 2 to allow Centrisys to overhaul the last remaining centrifuge. Sewer Enterprise Funds provide the funding source for this agreement. Therefore, there is no General Fund impact. RB /rp August 28, 2013, 2:38PM G: \GROUPDAT\ADMINRPT \2013 \09- 11\Admin - Centrifuge Repair by Centrisys - revised.doc MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED 1 FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD �, '' , AAL DATE: August 28, 2013 CITY ATTORNEY p CITY MANAGER 4. ' SUBJECT: Contract Change Order No. 1 to Agreement No. 13 -035 with Griffith Company ($10,968.84; revised not to exceed $865,641.84) for the project known as Street Improvements: Masterson Street from SRI 78 to Panorama Drive (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists of constructing street improvements on a new alignment of Masterson Street from State Route 178 north to Panorama Drive. During the course of potholing of the existing utilities, it was found that the existing PG&E natural gas pipeline would reside at too shallow of a depth in relation to the new roadway design. The engineer redesigned the street roadway to achieve utility depths acceptable to both the City and to PG&E. The contractor has agreed to furnish the additional import earth material necessary to raise the roadway to the new design profile and to adjust the existing sewer manhole for a lump sum of $52,328.18. The 18 -inch storm drain pipe, manholes, and order to conform to the new roadway design. sum of $39,718.33 to modify the construction design. :i catch basin will need to be reconfigured in The contractor has agreed to accept a lump of these facilities to match the new roadway During the materials submittal process, it was noticed that the originally specified High Pressure Sodium Vapor street light fixtures did not meet the City's new requirement for LED street light fixtures. It was also noticed that the specified #10 wiring was not large enough to maintain the necessary voltage to all the street lights and as such this wiring will need to be upgraded to #2 wiring in order to prevent excess voltage drop. The contractor has agreed to provide the LED street light fixtures and the upgrade to #2 wiring for a lump sum of $12,904.87. During the course the project, it was discovered that additional roadway traffic striping (Detail 2713), which was not on the original plans, needs to be added in order to conform to the standards in the Municipal Uniform Traffic Control Devices manual. The contractor has agreed to provide this additional striping at a total cost of $452. RM (Construction) August 28, 2013, 12:59PM G:\ GROUPDAT \ADMINRPT\2013 \09- 11 \CCO 1 Masterson Street Improvements - revised.doc ADMINISTRATIVE REPORT Due to the roadway redesign and in order to construct the project per the plans and specifications, there were several contract item quantities that had to be either increased or decreased. These adjustments will result in a net decrease of ($94,434.54). This is the first change order to be submitted for this project. This change order will increase the project total by $10,968.84 (which results in a 1.3% increase of the original contract amount) as illustrated below: Original Contract Amount = $854,673.00 Amended Contract Agreement after Change Orders = $865,641.84 Net Increase to date = $ 10,968.84 Sufficient funds are budgeted to fund this Change Order. This project is funded with assessment district bond proceeds. Therefore, there is no General Fund impact associated with this Change Order. RM (Construction) August 28, 2013, 12:59PM G: \GROUPDAT\ADMINRPT \2013 \09- 11 \CCO 1 Masterson Street Improvements - revised.doc MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: X TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 26, 2013 CITY ATTORNEY r l� CITY MANAGER SUBJECT: Accept bid from Xylem Dewatering Solutions, Inc., $58,039.25 for two (2) replacement trailer mounted water pumps for the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations were solicited to purchase trailer mounted water pumps for use by the Streets Division. Six (6) bids were received in response to solicitation. Funds are budgeted in the Equipment Replacement Fund for the purchase of two (2) replacement 6" self - priming trash type trailer mounted water pump units for use by the Streets Division. The units to be replaced have reached their useful life; in addition, the new units will comply with current EPA regulations. The six (6) bids received are as follows. Xylem Dewatering Solutions, Inc., Mira Loma, CA Hertz Equipment Rental Corporation, Bakersfield, CA Western Oilfields Supply Company, Bakersfield, CA Globe Electric Co., Inc., Houston, TX Global Pump Company, Davison, MI RLS Industries, Bakersfield, CA AMOUNT $ 58,039.25 $ 62,279.05 $ 62,801.50 $ 67,653.25 $ 84,327.30 $106,584.00 Staff finds the bid submitted by Xylem Dewatering Solutions, Incorporated, to be acceptable. Purchasing Division/kb S:IPURCHWDMINWdmin 13 -14\6 inch Trailer Mounted Water Pump Units, September 11, 2013.docx August 26, 2013 MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 27, 2013 CITY ATTORNEY CITY MANAGER�� SUBJECT: Accept bid from Cyber Computers in the amount of $91,022.50 for one hundred (100) replacement Lenovo desktop computers for the Information Technology Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were solicited for Lenovo desktop computers. Fifteen (15) bids were received in response to the solicitation. The low bid received from Cyber Computers is considered acceptable by staff. The computers to be replaced are over 5 years old. As the computers reach their end of lifecycle, they start to develop issues with several internal parts and many times are unable to handle the workload. Many of the programs used by the City have been upgraded to newer versions which require more resources than the older computers can provide. Staff considers availability of replacement parts and age of the equipment to determine recommendation for replacement. Funds are budgeted in the Equipment Replacement Fund for the purchase of one hundred (100) Lenovo desktop computers. The fifteen (15) bids received are as follows: BIDDER AMOUNT Cyber Computers, Irvine, CA $ 91,022.50 Peacock Systems, Chino, CA $ 91,667.50 Y & S Technologies, Brooklyn, NY $ 92,635.00 CDW Government LLC, Vernon Hills, IL $ 94,806.50 OM Office Supply, Inc., Mechanicsburg, PA $ 95,000.00 Purchasing DivisioNkb SAPURCHWDMINWdmin 13- 1419novo Thinkcentre M92Z Computers, 13- 14 -13, September 11, 2013.docx ADMINISTRATIVE REPORT CCT Technologies, Inc., San Jose, CA $ 95,860.00 S C Enterprises Corporation, Commerce, CA $ 96,075.00 Systech Synergy, Inc., Torrance, CA $ 96,397.50 Future Data Systems, Alhambra, CA $ 96,507.15 Think CP Technologies, Irvine, CA $ 96,542.63 Insight Public Sector, Tempe, AZ $ 97,692.88 ABC Laser USA, Norcross, GA $ 98,418.50 Micro Trends, Inc., Pasadena, CA $102,525.00 Silicon Avenue Technologies, Inc., Anaheim, CA $103,600.00 Southern Computer Warehouse, Inc., Marietta, GA $109,841.45 Purchasing Division/kb SAPURCHWDMIMHdmin 13- 14 \Lenovo Thinkcentre M92Z Computers, 13- 14 -13, September 11, 2013.docx A U ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $, Z TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 26, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER IeZ SUBJECT: Pedestrian Access Improvements: Columbus Street from River Boulevard to Baylor Street and Brundage Lane from Cedar Street to South H Street (Wards 2 and 3): 1. Accept bid and approve contract to Mora's Equipment & Construction ($156,205.00). 2. Appropriate $154,000 Transportation Development Act Article 3 Grant funds and appropriate and transfer $25,000 General Fund balance (Property Tax Administration Fee Refund) to the Public Works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund and the Capital Outlay Fund respectively. RECOMMENDATION: Staff recommends acceptance of bid, approval of contract, appropriations, and transfer. BACKGROUND: This project consists of improving the pedestrian access routes along Columbus Street from River Boulevard to Baylor Street, and along Brundage Lane from Cedar Street to South H Street by installing pedestrian access ramps and sidewalks. The Engineer's Estimate for the project is $146,000. The project is predominantly funded through Transportation Development Act Article 3 grant funds. Article 3 funds provide $154,000 of funding for this project. However, local funds of $2,605 are needed to fully fund the construction contract. Additionally, local funds are needed for potential change orders, construction inspection services, and other miscellaneous costs. Staff recommends the appropriation of $25,000 of property tax administration fee refund to cover costs beyond available Article 3 funding. This project is exempt from prevailing wage requirements. On August 2, 2013, seven bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Mora's Equipment & Construction 9245 Nan St. Pico Rivera, CA 90660 in the amount of $156,205.00 PW /Design Engineering /JCMK256 9/3/2013 3:06 PM G: \GROUPDAT\ADMINRPT\2013 \09 -11 \Pedestrian Access Improvements.docx ADMINISTRATIVE REPORT DOD Construction 3501 Edison Highway Bakersfield, CA 93307 (County) in the amount of $159,856.00 V. Lopez Jr. and Sons Inc. 200 E. Fesler St. # 101 Santa Maria, CA 93454 in the amount of $204,460.50 Griffith Company 1 128 Carrier Parkway Ave. Bakersfield, CA 93308 (County) in the amount of $224,998.00 ABNY General Engineering Inc. 200 N. Minnesota Ave. #4 Glendora, CA 91741 in the amount of $229,910.00 Cen -Cal 10112 Revere Beach Dr. Bakersfield, CA 93314 (City) in the amount of $234,277.10 Steven M. Fowler Construction, Inc. 7114 Saint Andrews Dr. Bakersfield, CA 93309 (County) in the amount of $267,025.60 PW /Design Engineering /JUUK256 9/3/2013 3:06 PM G: \GROUPDAT\ADMINRPT\2013 \09 -11 \Pedestrian Access Improvements.dou MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: '3, 0.Q . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 28, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Mohawk St. Improvements From Rosedale Hwy to Siena Lane (Ward 3 & County): 1. Accept bid and approve contract to Granite Construction Company ($3,017,932.00). 2. Appropriate $1,000,000 State Local Partnership Program Grant funds and $1,500,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends acceptance of bid, and approval of contract and appropriations. BACKGROUND: The Mohawk Street Improvement project will construct public street improvements (four 12 -foot lanes, six -foot shoulders, a precast concrete bridge over the Calloway Canal, and modification of the traffic signal at Rosedale Highway) on Mohawk Street north of Rosedale Highway, which will improve the traffic circulation pattern for this northwest area. Siena Lane is approximately 0.55 miles south of Hageman Road. This project will provide access on Mohawk Street from Rosedale Highway to Hageman Road. In addition, at the request of the City Water Department, a 16 -inch domestic water pipeline will be installed. Funding sources for this project include: Developer Contribution, World Oil - The May 1, 2013 City Council meeting included the appropriation of $1.4 Million of developer contribution for the Mohawk Street Improvement, from Rosedale Highway to Siena Lane project. $501,000 of this amount was used to fund a settlement agreement entered into with Tricor Energy for the reimbursement of costs to remove, relocate, and reconstruct an oil well, pumps, power lines, pipelines, waterlines, and other equipment that were in conflict with this project. The remaining amount of $899,000 was to be applied towards the construction of this project. In addition, staff anticipates additional funding of $400,000 from the developer. However, as a fiscal conservative measure, this amount will not be appropriated since the City has not yet received the funds. Once funds are received, these funds will be used to offset the project's cost. PW /Design Engineering /DP /T31<232 8128/2013 5:29 PM G:\GROUPDAT\ADMINRPT\2013 \09 -11 \Mohawk Street From Rosedale to Siena - revised.docx ADMINISTRATIVE REPORT • Proposition 1 B's competitive State Local Partnership Program (SLPP) - This project was awarded $1 Million of funding by the California Transportation Commission. The SLPP funding source requires a dollar for dollar match of SLPP funds and local developer fees. The City has until September 30, 2013, to award a construction contract or the City would have to forfeit the $1 Million of SLPP funding. City Water Department - Water Department staff requested that this project include a water main extension. The City would realize savings from including the water main extension with the Mohawk Improvement project since crews and equipment required for the water main extension work would already be mobilized. The water main extension's share of the bid was $431,250 and is currently included in the Water Department's CIP budget. Therefore, no additional appropriation is needed for this item. Transportation Development Fund Balance - The above three funding sources total $2,330,250 for this project. An additional $687,682 is needed to fully fund this construction contract. Staff recommends the appropriation of $1.5 Million Transportation Development Fund balance to cover this $687,682 in addition to potential change orders, construction inspection services, materials testing, and utility relocation contingencies. Utility relocation costs involve three different entities (Paramount Petroleum Corporation, PG&E, and San Joaquin Facilities Management, a subsidiary of Tricor Energy LLC). Funds for the initial cost estimates from these three entities have previously been appropriated. However, the reimbursement to these three entities will be based upon actual relocation costs. Therefore, staff recommends appropriating contingency funding in the case actual costs exceed the initial estimates. On August 23, 2013, a total of four bids were received; all of which are acceptable. The acceptable bids are as follows: Granite Construction Company 3005 James Road Bakersfield, CA 93308 (County) Security Paving Company 13170 Telfair Avenue Sylmar, CA 91342 Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) CA Rasmussen 28548 Livingston Avenue Valencia, CA 91355 in the amount of in the amount of in the amount of in the amount of This project was bid as a prevailing wage contract since state funding Agreement is funded with traffic impact fees, developer contribution, and state funding; therefore, there is no General Fund impact. PW /Design Engineering /NSGrr3K205 8/2812013 5:29 PM G:\GROUPDAT\ADMINRPT\2013 \09 -11 \Mohawk Street From Rosedale to Siena - revised.docx $3,017,932.00 $3,051,092.00 $3,126,213.00 $3,236,229.70 (SLPP) was involved. This water enterprise funds, MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: V. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: August 20, 2013 CITY MANAGER SUBJECT: Amendment to the Housing & Urban Development (HUD), Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and to the Emergency Shelter Grant (ESG) Fiscal Year 2013/14 Budgets. 1. Appropriate $499,987 federal CDBG grant funds to the Operating and Capital Budgets within the CDBG Fund; Appropriate $85,641 federal HOME grant funds to the Operating Budget within the HOME fund; and reduce the Emergency Shelter Grant (ESG) Operating Budget by $17,074 within the CDBG fund. (All wards) RECOMMENDATION: Staff recommends approval of the amendments. BACKGROUND: At the time the FY 2013/14 Budget was prepared, reductions were expected to the annual HUD funded budgets due to the federal sequestration. However, the final FY2013/14 allocations for the CDBG and HOME funds were greater than expected and the final allocations for the ESG funds were lower than anticipated. On July 17, 2013, City Council approved FY 2013/14 Action Plan Amendment No. 1 which reflected the final budget allocations from HUD and as a result the FY2013/14 Operating and Capital Budgets need to be amended accordingly. Program Projected Entitlement Actual Entitlement Difference CDBG $2,706,993 $3,206,980 $499,987 HOME $924,293 $1,009,944 $85,651 ESG $236,500 $219,426, ($17,074) Total $3,867,786 436,3501 $568,564 August 28, 2013, 2:27PM Planner initials /S:IDana%ADMINS120131SEP719 -11- Amended HUD Budget. 1.docxFormsl4dmin Forms= I" Reading ADMINISTRATIVE REPORT The CDBG Operating and Capital Budget will increase by $499,987 and $450,000 of the additional funding will be used for two curb and gutter work in eligible areas within Wards 1 and 2. The balance of $49,987 will be programmed as administrative costs. The HOME Operating Budget will increase by $85,651 and per program requirements, 15 percent of the increase will be budgeted as CHDO set aside and 7.5 percent of the increase will be programmed as administrative costs. The remaining balance of the increase, $64,238, will be budgeted for New Construction Assistance for the acquisition or construction of affordable housing. Adopted Funding Amended Source Program Budget Amount Budget Amount Amount' CDBG East California Area Curb, Gutter, $0 $225,000 $225,000 HOME Sidewalk and Reconstruction 138,644 12,848 151,492 CDBG East Truxtun Avenue Area Curb, Gutter, $0 $225,000 $225,000 Net HOME Increase Sidewalk and Reconstruction CDBG General Management Oversight and $542,799 $49,987 $592,786 Coordination Net CDBG Increase $499,987 The HOME Operating Budget will increase by $85,651 and per program requirements, 15 percent of the increase will be budgeted as CHDO set aside and 7.5 percent of the increase will be programmed as administrative costs. The remaining balance of the increase, $64,238, will be budgeted for New Construction Assistance for the acquisition or construction of affordable housing. The FY 2013/14 Budget for the Emergency Shelter Grant included funding for street outreach by Flood Bakersfield Ministries, emergency shelter activities for the Bakersfield Homeless Center, and Rapid Re- Housing to assist households which are recently homeless to re- establish permanent housing. With the ESG Grant reduced by a total of $17,074, the funding for these programs and associated program administration costs are proposed to be reduced on a proportional basis. Adopted Funding Amended Source Program Budget Amount Budget Amount Amount HOME New Construction Assistance Housing $720,220 $64,238 $784,458 HOME CHDO Set Aside 138,644 12,848 151,492 HOME Home Administration /Plannin Costs 95,492 $8,565 103,994 Net HOME Increase $85,651 The FY 2013/14 Budget for the Emergency Shelter Grant included funding for street outreach by Flood Bakersfield Ministries, emergency shelter activities for the Bakersfield Homeless Center, and Rapid Re- Housing to assist households which are recently homeless to re- establish permanent housing. With the ESG Grant reduced by a total of $17,074, the funding for these programs and associated program administration costs are proposed to be reduced on a proportional basis. August 28, 2013, 2:27PM Planner initials IS:IDanaIADMINS120131SEP719 -11- Amended HUD Budget. 1.docxFonnsL4dmin ForrnsIZC 1st Reading Adopted Funding Amended Source Program Budget Amount Budget Amount Amount ESG Program Administration $17,738, 1,281 16,457 ESG Flood Bakersfield Ministries $18,450 1,322 17,128 ESG Bakersfield Homeless Center Emergency Shelter Activities provided by the Bakersfield Rescue Mission, and $123,450 ($8,922) $114,528 the Alliance Against Family Violence and Sexual Assault ESG Rapid Re-Housing Activities $76,8621 ($5,549). 71,313 ESG Decrease $17,074 August 28, 2013, 2:27PM Planner initials IS:IDanaIADMINS120131SEP719 -11- Amended HUD Budget. 1.docxFonnsL4dmin ForrnsIZC 1st Reading BAKE U � p ADMINISTRATIVE REPORT LIFO MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: August 29, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $2,000 contribution from Target Corporation to the Police Department's operating budget in the General Fund to support the BPD'S Crime Prevention message at the 2013 National Night Out on August 6, 2013 and to provide Child Passenger Safety Technician Training to Kern County Law Enforcement personnel. RECOMMENDATION: Staff recommends acceptance of the grant money and the appropriation. BACKGROUND: Target is deeply committed to extending a hand of partnership to law enforcement and criminal justice organizations. As part of this commitment, Target established the Law Enforcement Grant Program in 1990 to provide grants to law enforcement agencies serving the community. The Bakersfield Police Department has been awarded two $1,000 grants. One to provide educational materials, crime prevention promotional items and food /drinks at the 2013 National Night Out Against Crime; and one to host a Child Passenger Safety (CPS) Technician training event, to certify approximately 20 people as technicians and one technician as an instructor. "National Night Out Against Crime" is the nation's largest annual crime prevention event with over 14,625 communities from all fifty states participating with their local law enforcement agencies. The event is designed to heighten crime and drug prevention awareness; generate support for the participation in local anti -crime efforts; strengthen neighborhood spirit and police - community partnerships throughout the city; and send a message to criminals letting them know neighborhoods are organized and fighting back. Trained CPS Technicians help law enforcement to educate parents and caregivers on the proper use and installation of child restraint systems for their vehicles, to reduce the rate of injury and death to children as a result of vehicle collisions. BAKE O� �fApeOM,reo�S ADMINISTRATIVE REPORT ALIFO The national standardized CPS technician certification course is usually four days long and combines classroom instruction, hands -on work with car seats and vehicles, and a community safety seat checkup event on the fifth day. At the checkup event, students demonstrate skills learned during class, following event procedures and instructions, proper use and installation of child restraints and safety belts and the ability to teach parents and caregivers how to properly protect their family on the road. Successful completion of this course certifies the individual as a CPS technician for two years. An appropriation of $2,000.00 to the General Fund Police Operating Budget is requested to utilize grant funding from Target Corporation. BAKE � O��coeroe,re RS� ADMINISTRATIVE REPORT cgLIFO N MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $' , cid TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: August 29, 2013 APPROVED DEPARTMENT HEA CITY ATTORNEY �1- CITY MANAGER SUBJECT: Appropriate $8,000 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Operating Budget, to purchase a workstation for the newly created Latent Print Examiner positions, and to provide latent print training to BPD Crime Lab personnel. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On April 8, 2013, the Remote Access Network (RAN) Board of Kern County approved their FY2013 -14 budget, which includes provision to fully fund a Latent Print Examiner position in the Bakersfield Police Department (BPD). On April 17, 2013, the Bakersfield City Council approved the job specification, salary and benefits for the position of Latent Print Examiner. This position was included in the adopted FY2013 -14 General Fund Police Budget. The Latent Print Examiner (LPE) is a specialized position assigned to the BPD Crime Lab. This position is responsible for performing latent print analysis for prosecution of criminal cases in a court of law, determining the usability of latent prints, and entering them into the Automated Fingerprint Identification System (AFIS), as well as other work as required. In addition to salary and benefits, the RAN Board has also budgeted monies to equip the new LPE with a desk, chair, computer equipment, and to fund training. Therefore, an appropriation of $8,000 to the General Fund Police Operating Budget is requested. Salaries, benefits, training and equipment purchases will be reimbursed by the RAN board on a quarterly basis. The RAN Board of Kern County was established in 1989 per Penal Code (PC 11112.1- 11112.7), which calls for a master plan to facilitate a uniform statewide network of equipment and procedures allowing local law enforcement agencies direct access to the California Identification System (Cal -ID). Cal -ID is the automated system maintained by the Department of Justice for retaining fingerprint files and identifying latent fingerprints. DB Page 1 of 2 BAKE roe,r�Rs� ADMINISTRATIVE REPORT cqIFOL'�, The RAN board is composed of seven members (per PC11 1 12.4 b), as follows: a member of the board of supervisors, the sheriff, the district attorney, the chief of police of the department having the largest number of sworn personnel within the county, a second chief selected by all other police chiefs within the county, a mayor elected by the city selection committee established pursuant to Section 50270 of the Government Code, and a member -at -large chosen by the other members. The RAN board has two sources of funding, both of which have strict parameters determining their appropriation: (1) One dollar ($1.00) from vehicle registration fee to finance additional automated fingerprint equipment intended for applicant and criminal processing and for digital photo equipment (per AB 674); and (2) fifty cents ($0.50) for every ten dollars ($10) or fraction thereof for every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code except offenses relating to parking or registration or offenses by pedestrians or bicyclists, or where an order is made to pay a sum of the general fund of the county pursuant to subparagraph (c) of paragraph (3) of subdivision (a) of Section 258 of the Welfare and Institutions Code. The monies collected by the courts together with any interest earned thereon are held by the County Treasurer in a separate Automated Fingerprint Identification Fund (pursuant to Section 1463 of the Penal Code), and can only be used to pay for the purchase, lease, operation, including personnel and related costs, and maintenance of automated fingerprint equipment and digital image photographic equipment, replacement of existing automated fingerprint equipment, digital image photographic equipment, and other equipment needed for the suspect booking process, and for the reimbursement of local agencies within the county which have previously purchased, leased, operated, or maintained automated fingerprint equipment and digital image photographic equipment from other funding sources. pB Page 2 of 2 AKA ,RR., R ADMINISTRATIVE REPORT �gGiFO�, MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: '9. ems. TO: Honorable Mayor and City Council FROM: Douglas R. Greener, Fire Chief DATE: August 14, 2013 APPROVED DEPARTMENT HEAD 2 CITY ATTORNEY CITY MANAGER /S SUBJECT: Appropriate $20,000 Federal Grant Revenue to the Fire Department Operating Budget within the Metropolitan Medical Response System Fund for Hazardous Materials Specialist Training. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On January 11, 2012, the City Council accepted and appropriated the Homeland Security Grants on behalf of the Kern Operational Area and approved Resolution No. 006 -12 and the Memorandum of Understanding No. 12 -013 with the County of Kern. The Resolution appointed the City Manager as the City agent and the Memorandum of Understanding allowed the City, on behalf of the Kern Operational, to use FY201 1 State Homeland Security Grant funds for the procurement of specialized equipment for the "Bakersfield Fire Department Mobile Command Team Communications Project" and the "City of Bakersfield FY201 1 MMRS Project." The MMRS grant allows funding for personnel to develop plans required to support the MMRS program and specialized training for personnel as approved by the California Emergency Management Agency. The total award of MMRS grant funds was $281,693 of which the Council approved the appropriations of $75,000 for equipment and $26,693 for continuation education and training. $180,000 of the MMRS grant funds is for program development and coordination with the majority of these grant funds used to fund the Bakersfield Fire Department's Administrative Battalion Chief position for $160,000. These funds are included in the Fire Department's operating budget and do not need to be appropriated. We are recommending the appropriation of the remaining balance of the MMRS grant $20,000 in program development and coordination funding. The County has approved the use of these funds for Hazardous Materials Specialist Training, and Fire department staff will be attending training in Fall of 2013. S: \Crosby \Admin. Reports \MMRS 2011 appropriation 9 11 2013.dot tc A ADMINISTRATIVE REPORT MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: S , f -f, TO: Honorable Mayor and City Council FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD DATE: August 29, 2013 APPROVED CITY ATTORNEY -- CITY MANAGER SUBJECT: Transfer and appropriate $19,000 General Fund Balance (Property Tax Admin Fee Refund) to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund for the installation of synthetic turf at City Hall North (ward 2). RECOMMENDATION: Staff recommends transfer and appropriation. BACKGROUND: The landscaping for City Hall North is located directly above the parking structure located in the basement. The irrigation of the natural turf that surrounds the building along Eye Street and Truxtun Avenue has created structural issues due to water penetrating the concrete deck for the parking structure below. Water is consistently penetrating through several cracks in the concrete deck and is causing issues with both the surface walkways and the ceiling within the parking structure that will eventually lead to deterioration and likely require extensive repairs. Public Works has worked with Recreation and Parks to reduce the amount of irrigation by installing bubblers adjacent to the plants to isolate the water to the plants only in the planter areas. Also, General Services installed French drains and drain lines to collect storm water from the roof drains a couple of years ago to alleviate excess water from the area. Despite these efforts, the problem still persists. Staff is proposing the installation of synthetic turf along the frontage of Eye Street and Truxtun Avenue to significantly reduce the watering of the landscaping over the parking structure; watering will be limited to the planter areas only. The irrigation for the planter areas are mainly bubblers which provide water to the plants only. In addition, the synthetic turf will reduce mowing costs and water consumption of the facility. Staff has monitored a test strip for two months and has received positive feedback on appearance and performance. The transfer and appropriation of $19,000 General Fund Balance (Property Tax Admin Fee Refund) to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund will cover the cost to secure a contractor to provide and install synthetic turf. September 3, 2013, 9:57AM S:WDMINISTRATION DIVISIONWdmin Rpts\2013 Admins\synthetic turf-revl .doc A S ADMINISTRATIVE REPORT c M LI MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: ?.19. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DATE: August 30, 2013 DEPARTMENT HEAD CITY ATTORNEY ! CITY MANAGER SUBJECT: City Positions on 2013 Proposed League of California Cities' Resolutio RECOMMENDATION: Staff recommends acceptance of recommendations. BACKGROUND: Councilmember Maxwell, as Chair of the Legislative and Litigation Committee, requested that the City Manager and City Attorney review the proposed League of California Cities resolutions to be considered at the 2013 Annual Conference and to forward the staff recommendations to the City Council for direction. Staff typically recommends a position of support, oppose, or remain neutral for each resolution, as appropriate. For 2013, the League has issued two resolutions for consideration. The City Manager and City Attorney, with input from appropriate staff, are forwarding these recommendations to Council for approval and direction to the City's Conference Voting Delegate to vote accordingly. The resolutions packet, which includes further detail of each resolution, is attached with this Administrative Report for the Council's reference. The resolutions, as approved by the General Assembly at the Annual Conference, will provide policy guidance for the League during the upcoming year. The guidelines issued by the League state, in part, that only issues having a direct bearing on municipal affairs should be considered, and that the issue is not of a purely local or regional concern. Based on those criteria, the recommendations of the City Manager and City Attorney, with consultation from appropriate staff, are as follows: Proposed Resolution Recommendation • Resolution Calling Upon the Governor and the Legislature to Work with the League in Providing Adequate Funding and to Prioritize Water Bonds to Assist Local Government in Water Conservation, Ground Water Recharge, and Reuse of Stormwater and Urban Runoff Programs Neutral ADMINISTRATIVE REPORT Proposed Resolution Recommendation Resolution Calling Upon the Governor and Legislature to Enter into Discussions with the League and California Police Chiefs' Association Representatives to Identify and Enact Strategies that Will Ensure the Success of Public Safety Realignment from a Local Municipal Law Enforcement Perspective Support As the City's representative, the Voting Delegate has the authority to forward the Council's agenda, as proposed resolutions may change during the course of the Annual Conference, in keeping with the Council's historical directive. 2013 League Resolutions /RKS MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar ITEM: 13. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director August 28, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY IV- CITY MANAGER S Receive and file successor agency payments from August 2, 2013 to August 28, 2013 in the amount of $43,210.10 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2014\ADMIN —SA 09- 11- 13.doc MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar - Public Hearings ITEM: q. Q. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: August 29, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /W SUBJECT: Public hearing on Resolution of Necessity ( "RON ") to determine the public interest and necessity for acquisition of certain real property located at the southwest corner of Rosedale Highway and Coffee Road, Bakersfield, California. (Code Civ. Proc. § 1240.010) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. The Project: The City of Bakersfield, in cooperation with the County of Kern and the California Department of Transportation, is planning a widening and improvement project for Rosedale Highway west of State Route 99. The project proposes construction of two additional lanes (one in each direction) between Allen Road and Gibson Street. East of Gibson Street, the project would modify lane striping and the median to transition to the existing lane configuration. As a result, State Route 58 would be a six -lane highway from Allen Road to State Route 99. Other improvements would include minor changes, such as restriping approach lanes to provide an additional turn lane on the street side approaches to State Route 58. The Property to be Acquired: The property required is located at the southwest corner of Rosedale Highway and Coffee Road and is legally described in Exhibit "1" to the attached Resolution of Necessity ( "RON ") and identified as Kern County Assessor's Parcel Number 368- 010-03 and includes the necessary acquisition and temporary construction easement (the "Property "). Pacific Gas and Electric Company is the owner of the Property. The Property is approximately 37,076 square feet in size, is unoccupied and undeveloped, and will not require the relocation of any owners or occupants. Flndinsis: In order to acquire property from a property owner, the City must adopt a RON authorizing the initiation of an eminent domain action. (Code Civ. Proc. § 1245.220.) In adopting the RON, the Council must find that the following "pre- condemnation" requirements are met. (Code Civ. Proc. § 1245.230.) Here, each of these requirements is met: 1. The Public Interest and Necessity Require the Project. The proposed project is needed to accommodate existing and projected travel demand along the State Route 58 corridor. The project extends through the urban core area of metropolitan Bakersfield and is a heavily used roadway that provides access to employment and commercial uses within the city. The project is needed to accommodate planned growth, as set forth in the general plans for the City of Bakersfield and Kern County. 2. The Project is Planned or Located in the Manner that Will Be Most Compatible with the Greatest Public Good and the Least Private Iniurv. The expanded capacity and improvement in traffic circulation that will result from the Project will alleviate the congestion and reduce delays along the route that presently inhibits east -west travel between Highway 99 and Allen Road. 3. The Property is Necessary for the Proposed Project. The property is within the required right -of -way for the widening and future right turn lane onto Coffee Road. The rights to be acquired are necessary to meet Caltrans standards for safety in constructing highways. In order to certify the project to Caltrans to proceed and obtain funding approval, all right -of -way issues must be addressed and secured, including parcel frontage acquisitions. 4. The Offer Required by Section 7267.2 of the California Government Code was Made to the Owner of Record of the Property. The City engaged an independent licensed appraiser to appraise the Property and to determine just compensation based on the Property's "Fair Market Value." A written offer at the full amount of appraised just compensation ($61,000) was made to the property owner on or about June 18, 2013. The offer included an Appraisal Summary Statement and other information required by section 7267.2 of the California Government Code. The Process: If the Resolution is adopted, the City will: 1. File an eminent domain action in Kern County seeking the necessary interests in the Property; 2. Request that the court grant early possession of the Property; and 3. If necessary, proceed with the eminent domain action through trial to determine any unresolved issues, including just compensation. Throughout the process, the City will remain open to an informal resolution of the matter without the need for litigation. Rl:lsc S: \COUNCIL \ Admins\13 -14 Admins \RON.PG &E- RHwy.docx MEETING DATE: September 11, 2013 AGENDA SECTION: Consent Calendar - Public Hearings ITEM: Ck . b. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Virginia Gennaro, City Attorney Andrew Heglund, Deputy City Attorney August 29, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Resolution to Amend Development Agreement ( #07 -310) with Castle & Cooke California Inc. and Bolthouse Properties LLC (West Ming Specific Plan). Ward 5 RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the Agreement. BACKGROUND: In August 2007, the City entered into a Development Agreement ( #07 -310) (the "Agreement ") with Castle & Cooke California Inc., and Bolthouse Properties LLC 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 "Area "). The Agreement is quite broad in scope. It provides the developers with certain assurances regarding the future development of their property and, in exchange, 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. Under the existing terms of the Agreement, a Community Facilities District ( "CFD ") must be formed to facilitate the collection of fees and special taxes regarding the operation and maintenance of police and fire facilities and services, including salary and benefits of personnel, as well as finance capital costs related to those facilities, required by new residential development within the Area. After the CFD is formed, the existing terms of the Agreement provide for owners of new residential property within the Area to pay, on their property tax bill, an annual special tax through 2027 to help offset the cost of fire and police protection services required by the new development within the Area. Revision No. 1. As a result of new legislation and case law regarding tax exempt financing assistance to developers for public infrastructure since the adoption of the Agreement, Staff and the developers have determined that the scope of the CFD should be limited to services only and not infrastructure or facilities since financing public infrastructure or facilities could trigger prevailing wage requirements on any improvements constructed by the developer. Staff has determined that existing police and fire facilities adjacent to the Area are adequate to service the Area, and owners of residential property within the Area will fund, through the CFD, additional police and fire services utilizing those existing facilities. The Amendment then is consistent with the Metropolitan Bakersfield General Plan and the West Ming Specific Plan. ADMINISTRATIVE REPORT Revision No. 2. The existing Agreement also provides that the obligation of any residential property owner within the Area to pay the special tax through the CFD terminates in 2027 regardless of when the special tax obligation first begins. This ambiguity in the Agreement is inconsistent with the City's intent when the Agreement was originally approved. To clarify this ambiguity, the termination date and other CFD provisions need to be amended to allow for the special taxes to be assessed for a full twenty -year period from the date each residential permit is pulled. The following table illustrates the effect the current provisions have on the assessment of the special tax for the CFD compared to the effect the proposed amended language has on those some fees: RECOMMENDATION: Staff recommends that the Council approve Amendment No. 1 of the Agreement to limit the scope of the CFD to services only and clarify the termination date of the Agreement and the scope of the special tax obligation to provide for a full twenty -year assessment of the special tax on each residence within the Area. The Government Code requires that both the Planning Commission and the City Council conduct public hearings on any development agreement amendments. On September 5, 2013, the Planning Commission conducted a public hearing and recommended that the City Council adopt a resolution amending the Agreement. The developer and current property owners have consented to this Amendment. There are no existing residential property owners currently impacted by the proposed revisions to the Agreement. During New Business on the September 11, 2013 agenda, the Council will be asked to take the actions necessary to complete the formation of the CFD within the parameters set forth in the Agreement as amended by Amendment No. 1, if the Council approves the amendment. AH /A Attachments: (1). Resolution (2). Amendment No. 1 to Agreement No. 07 -310 S: \COUNCIL \ Admins\13 -14 Admins \WestMing.AmendAgr.9 -1 1- 13.docx CURRENT LANGUAGE REVISED LANGUAGE Agreement Term August 29, 2027 When the Project has been fully developed Each residential unit pays $287 per year Each residential unit pays $287 per year for the first 10 for the first 10 years after a building Special Tax years after the first building permit for any residential permit is pulled for that residential unit Obligation unit in the Area is pulled and then $174 per year for the and then $174 per year for the next 10 remaining term of the Agreement. years. Because the Agreement's term is limited and no Each residential unit will pay special Effect of Language residential building permits have been pulled, none of taxes for the CFD for a full 20 years. the residential units will pay special taxes for the CFD for a full 20 years. RECOMMENDATION: Staff recommends that the Council approve Amendment No. 1 of the Agreement to limit the scope of the CFD to services only and clarify the termination date of the Agreement and the scope of the special tax obligation to provide for a full twenty -year assessment of the special tax on each residence within the Area. The Government Code requires that both the Planning Commission and the City Council conduct public hearings on any development agreement amendments. On September 5, 2013, the Planning Commission conducted a public hearing and recommended that the City Council adopt a resolution amending the Agreement. The developer and current property owners have consented to this Amendment. There are no existing residential property owners currently impacted by the proposed revisions to the Agreement. During New Business on the September 11, 2013 agenda, the Council will be asked to take the actions necessary to complete the formation of the CFD within the parameters set forth in the Agreement as amended by Amendment No. 1, if the Council approves the amendment. AH /A Attachments: (1). Resolution (2). Amendment No. 1 to Agreement No. 07 -310 S: \COUNCIL \ Admins\13 -14 Admins \WestMing.AmendAgr.9 -1 1- 13.docx MEETING DATE: September 11, 2013 AGENDA SECTION: New Business ITEM: 3. 6L . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Andrew Heglund, Deputy City Attorney August 30, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY A+ 1 CITY MANAGER /e Formation of the City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (Ward 5) 1. Public Hearing to consider the following: a. Formation of the City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan) (the "CFD "); b. Extent of the CFD; C. Furnishing of specified types of services within the CFD; and d. Proposed rate and method of apportionment of the special fax to be levied within the CFD. The Public Report prepared by Koppel & Gruber, Public Finance, has been made available for review prior to the public hearing and will be incorporated into the record of the public hearing. 2. Adopt a Resolution to Form a Community Facilities District and to Levy a Special Tax for the City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). 3. Adopt a Resolution of the City of Bakersfield Calling Special Mailed - Ballot Election in City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). 4. Adopt a Resolution of the City of Bakersfield Declaring Election Results in its City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan), on September 11, 2013. 5. First Reading of Ordinance Levying a Special Tax for the Fiscal Year 2013 -2014 and Following Fiscal Years Solely Within and Relating to the City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). August 30, 2013, 11:38AM SACOUNCIUAdminsN 3.14 Admins% Westming- Cfdfoimetion.9- 11- 13.Docu ADMINISTRATIVE REPORT RECOMMENDATION: Staff recommends that Council take the necessary actions to form the City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1. BACKGROUND: In August 2007, the City entered into a Development Agreement ( #07 -310) (the "Agreement ") with Castle & Cooke California Inc., and Bolthouse Properties LLC 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 "Area "). Pursuant to prior Council action during the September 11, 2013 Consent Calendar Public Hearing portion of the agenda, the Agreement has been amended as described below. Under the terms of the Agreement, as amended, a Community Facilities District ( "CFD ") must be formed to facilitate the collection of fees and special taxes regarding the operation and maintenance of police and fire services, including salary and benefits of personnel, required by new residential development within the Area. Once the CFD is formed, owners of each residential unit within the Area will pay, on their property tax bill, $287 per year for the first 10 years after a building permit is pulled for each residential unit and then $174 per year for the next 10 years. This special tax will help offset the cost of fire and police protection services required by new development within the Area. FORMATION PROCESS: The formation process requires that the Council conduct a public hearing on the formation and then take action on three separate resolutions followed by first reading of an ordinance. Specifically, the formation process requires the following: August 30, 2013, 11:38AM S:\000NCILWdmins\13 -14 Admins\ Westming- Cfdfonnation.9- 11- 13.Dou Action 1. Public Hearing on the: a. Formation of the City of Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan) (the "CFD "); b. Extent of the CFD; c. Furnishing of specified types of services within the CFD; and d. Proposed rate and method of apportionment of the special tax to be levied within the CFD. There is no independent action required after the public hearing. 2. Adopt a Resolution to form the CFD and levy a special tax for the CFD. This resolution forms the CFD, authorizes the levying and collection of a special tax within the CFD, and authorizes the scope of the public services to be financed with the proceeds of the special tax. August 30, 2013, 11:38AM S:\000NCILWdmins\13 -14 Admins\ Westming- Cfdfonnation.9- 11- 13.Dou ADMINISTRATIVE REPORT 3. Adopt a Resolution calling for a special mailed - ballot election of existing property owners with the CFD. Even though the Council will have already formed the CFD and approved the levying of the special tax, the existing property owners must conduct an election approving the levying of the special tax and establishing the maximum amount of the special taxes collected that can be spent for police and fire services. The Rate and Method of Apportionment, attached as Exhibit D to the Resolution forming the CFD, outlines the recommended cap on the amount of the estimated special taxes collected that should be expended. 4. Adopt a Resolution declaring the results of the special mailed- ballot election. The existing property owners within the CFD have waived any election formalities and submitted to the City Clerk completed ballots on all necessary issues. In reviewing those ballots, the City Clerk has determined that 100% of the existing property owners have approved the levying of the special tax and the maximum amount of the special taxes collected that can be spent for police and fire services. 5. First Reading of Ordinance levying the special tax within the CFD. This final action levies the special tax and directs the City Manager or designee to determine the correct special tax to be assessed pursuant to the Rate and Method of Apportionment. Second reading of the ordinance is scheduled to occur on September 25, 2013. The ordinance will be effective 30 days after that. AH /vl August 30, 2013, 11:39AM SACOUNCIUAdmins \13 -14 Admins\ Westming- CIMorrnetion.9- 11- 13.Dom BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 14, 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. P1 ROLL CALL Present: Vice -Mayor Weir (seated at 4:20 p.m.) Councilmembers Rivera, Maxwell, Smith, Sullivan, Johnson Absent: Mayor Hall, Councilmember Hanson PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (1) for the following: Joe R. Slaughter, et al. v. City, et al., Kern County Superior Court Case No. S- 1500 -CV- 271472 LHB. 2. Concerned Citizens of Bakersfield v. City, Kern County Superior Court Case No. S- 1500 -CV- 279933. 3. City v. County of Kern, et al., Kern County Superior Court Case No. S- 1500 -CV- 279379 DRL /Fresno County Superior Court Case No. pending. b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (4). (one potential case). Motion by Councilmember Smith to adjourn to Closed Session at 3:33 p.m. ACTION TAKEN APPROVED AB HALL, HANSON Bakersfield, California, August 14, 2013 - Page 2 RECESSED TO CLOSED SESSION ACTION AT 5:20 p.m. ACTION TAKEN 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (1) for the following: Joe R. Slaughter, et al. v. City, et al., Kern NO REPORTABLE County Superior Court Case ACTION No. S- 1500 -CV- 271472 LHB. 2. Concerned Citizens of Bakersfield v. City, NO REPORTABLE Kern County Superior Court Case ACTION No. S- 1500 -CV- 279933. 3. City v. County of Kern, et al., Kern STAFF WAS GIVEN County Superior Court Case DIRECTION No. S- 1500 -CV- 279379 DRL /Fresno County Superior Court Case No. pending. b. Conference with Legal Counsel - Initiation of CONTINUED TO THE Litigation; Closed Session pursuant to END OF THE 5:15 P.M. Government Code Section 54956.9 (d)(4). (one MEETING potential case). Vice -Mayor Weir announced, at 5:21 p.m., that Closed Session will be continued after the conclusion of the 5:15 p.m. Regular Meeting. THE MEETING WAS RECONVENED AT 7:15 p.m. Adjourned to Closed Session at 7:16 p.m. Adjourned from Closed Session at 9:10 p.m. 4. CLOSED SESSION ACTION continued b. Conference with Legal Counsel - Initiation of STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION Government Code Section 54956.9 (d) (4). (one potential case). Bakersfield, California, August 14, 2013 - Page 3 5. ADJOURNMENT ACTION TAKEN Vice -Mayor Weir adjourned the meeting at 9:11 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 -5:21 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Sullivan, Johnson Absent: Councilmember Hanson 2. INVOCATION by Pastor Joshua Kirstine, Olive Drive Church. 3. PLEDGE OF ALLEGIANCE by Natalie Ruiz, 7th grade student at Stonecreek Junior High School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Shell Pipeline Company, LP, representatives Jessica Neil, Public Awareness Representative, Alan Caldwell, Communications Manager, and Matt Wade, Health and Safety Advisor, declaring August 14, 2013, as 811 Day. Ms. Neil and Mr. Wade accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Ben Stinson, III, the 2013 John Brock Community Service Award winner, declaring September 5, 2013, as Ben Stinson, III, Day. Mr. Stinson accepted the Proclamation and made comments. Bakersfield, California, August 14, 2013 - Page 4 5. PUBLIC STATEMENTS a. The following individuals spoke in support of a Human Life Ordinance: Tim Palmquist (submitted written material), and Nathan Zuniga. b. The following individuals spoke in opposition to a Human Life Ordinance: Jane Prewett, Elaine LeCain, Nancy Clover, Harriet Morris, Michelle Oja, and Monica Meza. C. Leonard McDermott, representing the Hidden Cove Homeowners Association, spoke regarding the conditions of the streets and roads on Panama Lane and South H Street, and asked about getting the streets repaved and back in order. Councilmember Johnson asked Mr. McDermott to leave his contact information with the City Clerk, and he would schedule a meeting to discuss the neighborhood's concerns. d. Robert Braley spoke regarding the economic impact of the Centennial Corridor Project and submitted written material. e. G. J. Zala, from the Best Western Hill House, spoke regarding increased foot traffic and vandalism around the Best Western Hill House and the Mill Creek area, and he requested extra Police patrol in the area and asked if the City could put fencing around the backside of their building on 17'" Street to control the foot traffic. Councilmember Maxwell asked that the Police Department Increase coverage in that area, and he asked staff to talk to the people at the Hill House to possibly coordinate how to mitigate their concerns. 6. WORKSHOPS None. ACTION TAKEN Bakersfield, California, August 14, 2013 - Page 5 7. APPOINTMENTS a. One appointment to the Kern Mosquito and Vector Control District to complete a term that expires December 31, 2013. City Clerk Gafford announced that applications were received from Chad Anthony Actis and Dr. Brandon James Hawkins. Ballots were used, and City Clerk Gafford announced the results of the ballots were three votes for Mr. Actis and three votes for Dr. Hawkins. Mayor Hall voted to break the tie and voted for Dr. Hawkins. ACTION TAKEN Motion by Vice -Mayor Weir to appoint Dr. Brandon James Hawkins to the Kern APPROVED Mosquito and Vector Control District board, AS HANSON term to expire on December 31, 2013. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 17, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from July 3, 2013, to August 1, 2013, in the amount of $32,989,195.12 and self- insurance payments from July 3, 2013, to August 1, 2013, in the amount of $1,741,862.38 totaling $34,731,057.50. Ordinances: C. First Reading of Ordinance amending the FR Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from Planned Unit Development to Revised Planned Unit Development on 4.65 acres located at the southwest corner of Ming Avenue and Gosford Road. A previously adopted Negative Declaration for PUD /ZC # 06 -0332 applies to this project. (ZC# 13 -0166 - McIntosh & Associates representing Castle & Cooke California, Inc., and University Park Community Association). Bakersfield, California, August 14, 2013 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution determining that certain Motorola radio equipment cannot be obtained through usual bidding procedures because of the need to integrate into the existing radio infrastructure and authorizing the Finance Director to dispense with bidding therefor, not to exceed $130,000. e. 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. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the California Government Code. (Finance Department) g. Resolution for the Local Support of Regional Surface Transportation Program (RSTP) Projects for Federal Fiscal Years 2014 -2015 and 2015 -2016. h. Resolution for the Local Support of Congestion Mitigation and Air Quality (CMAQ) Projects for Federal Fiscal Years 2014 -2015 and 2015 -2016. Resolution adding territory, Area 1 -95 (west of the northwest corner of Rosedale Highway and Allen Road) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. RES 098 -13 RES 099 -13 RES 100 -13 RES 101 -13 RES 102 -13 RES 103 -13 ABS SMITH 8. Bakersfield, California, August 14, 2013 — Page 7 CONSENT CALENDAR continued ACTION TAKEN j. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report for each: 1. ROI No. 1758 adding Area 4-116 (2512 ROI 1758 Oswell Street) 2. ROI No. 1759 adding Area 4-117 (910 O ROI 1759 Street) Agreements: k. Agreement between City, State of California AGR 13 -127 Department of Public Health and the U.S. Department of Housing and Urban Development ($372,171) for Housing Opportunities for Persons with HIV /AIDS Entitlement Program (HOPWA). I. Agreement with William Avery & Associates, Inc. AGR 13 -128 (not to exceed $49,800, including expenses), for labor negotiation and consulting services, for July 1, 2013 through June 30, 2014. M. Freeway Litter Program: 1. Memorandum of Understanding with AGR 13 -129 Kern Council of Governments ($80,000 from August 1, 2013, through June 30, 2014), to provide continuation funding for the program. 2. Appropriation of $80,000 from Other Agency Share of Project costs to the Public Works Department's operating budget within the Refuse Fund to provide funding for the program. n. Final Tract Map and Maintenance Agreement REMOVED FOR with Shaw Property, Inc., for Tract 6390 Phase 1 SEPARATE located south of Berkshire Road and east of CONSIDERATION Asseri Street. o. Tract Map and Maintenance Agreement with AGR 13 -130 J & L Gardiner, LLC, for Tract 7109 located south ABS SMITH of Reina Road and west of Old Farm Road. 8. Bakersfield, California, August 14, 2013 - Page 8 CONSENT CALENDAR continued P. Final Map, Improvement and Landscape Agreements with Meritage Homes of California, Inc., for Tract 6557 Phase 1 located south of Berkshire Road and west of Stine Road. q. Parcel Map, Improvement and Landscape Agreements with WinCo Foods, LLC, for Parcel Map 11779 located south of Panama Lane and west of Ashe Road. Amendment No. 1 to Agreement No. 12 -124 with Crop Production Services ($182,000; revised not to exceed $364,000 and extend term one year), to continue the supply of chemicals and insecticides /herbicides. S. Amendment No. 3 to Agreement No. 10 -132 with Jim Alfter Cement Contractor ($1,350,000; revised not to exceed $5,409,172 and extend term one year), to continue the supply of concrete construction. Design of Manor Street Bridge Retrofit at Kern River: 1. Amendment No. 1 to Agreement No. 12 -073 with WKE, Inc. ($206,985; revised not to exceed $266,885), for Phase 2 design services for the project. 2. Appropriate $212,472 Federal Seismic Retrofit and Bridge Rehabilitation funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund. U. Mohawk Street Improvements - Rosedale Highway to Siena Lane: Utility Agreement with Paramount Petroleum Corporation, ($606,000; City to reimburse Paramount Petroleum Corporation) for the relocation of petroleum transmission facilities, fiber optics, gas recovery, and water injection lines. ACTION TAKEN AGR 13 -131 AGR 13 -132 AGR 13 -133 AGR 13 -134 AGR 13 -135 AGR 12- 124(1) AGR 10- 132(3) AGR 12- 073(1) AGR 13 -136 Bakersfield, California, August 14, 2013 - Page 9 CONSENT CALENDAR continued ACTION TAKEN Item 8.u. continued 2. Appropriate $606,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget. V. Contract Change Order No. 1 to Agreement No. 13 -093 with Bowman Asphalt, Inc. AGO 13 -093 CCO1 ($78,594.90; revised not to exceed $721,020.90), for the project known as Pavement Rehabilitation 2013 Phase 3 - Dr. Martin Luther King Jr. Boulevard from Wilkins Street to East California Avenue. W. Contract Change Order Nos. 10, 11, 12, 14, 16, AGR 11 -144 CCO10, CCO11, 17, 18, 19, 20, 21, 24 and 26 to Agreement CCO12, CCO14, No. 11 -144 with Security Paving Company, Inc. CCO16, CCO17, (net increase of $330,011.36; revised not to CCO18, CCO19, exceed $12,592,145.79; change orders funded CCO20, CCO21, with Roads Program Utility /Surcharge Fund and CCO24, CCO26 Traffic Development Fees), for the construction of the Westside Parkway Phase 6B Project. (TRIP) Bids: X. Accept bid and approve contract with Griffith REMOVED FOR Company, ($183,542), for the Municipal Airport SEPARATE Southwest Hangar Access Road. CONSIDERATION Y. Accept bid and approve contract with Granite AGR 13 -138 Construction Company, ($282,128.75), for the Traffic Signal and Median Modification on White Lane at South H Street Project. Z. Accept base bid and additive alternate No. 1 AGR 13 -139 and approve contract with Granite Construction Company, ($1,759,148) for Pavement Rehabilitation 2013 Phase 2 - Panama Lane from South H Street to Monitor Street. aa. Accept bid and approve contract with Security REMOVED FOR Paving Company, Inc. ($14,154,016; 100% SEPARATE federally funded), to construct the State Route CONSIDERATION 58 GAP Closure Project. (TRIP) bb. Accept bid from Environmental Water Solutions, Inc. ($111,043.20), for pressure relief valves for the Public Works Department, Wastewater Division. [T! Bakersfield, California, August 14, 2013 — Page 10 CONSENT CALENDAR continued ACTION TAKEN CC. Recoat Community Development Building Rooftop Parking Decks: Accept bid and approve contract with AGR 13 -141 Angelus Waterproofing & Restoration, Inc. ($205,005), for the project. 2. Appropriate and transfer $212,255 General Fund Balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. Miscellaneous: dd. Appropriate $46,000 in State Grant Revenue for the Waste Tire Enforcement Grant Program to the Community Development Services Operating budget in the General Fund. ee. Appointment of Voting Delegate for the 2013 League of California Cities Annual Conference. (Staff recommends appointment of Councilmember Terry Maxwell as delegate and Councilmember Jacquie Sullivan as alternate.) ff. Grant Deed (required to process a lot line DEED 7671 adjustment requested by the property owner) ABS SMITH to revert surplus City right -of -way acquired for the McCutchen Road alignment back to the original property owner, PB1 Ventures, LLC. Councilmember Smith announced that he would abstain, due to conflict of interest, an interest in real property nearby, on item 81; and source of income to himself, on items 8.o. and 8.ff. Councilmember Johnson requested that Item 8.n. be removed for separate consideration. Councilmember Maxwell requested that Items 8.x. and 8.aa. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8M., with the removal of AB HANSON items 8.n., 8.x., and 8.aa., for separate consideration. S. 9. Bakersfield, California, August 14, 2013 — Page 11 CONSENT CALENDAR continued ACTION TAKEN n. Final Tract Map and Maintenance Agreement with Shaw Property, Inc., for Tract 6390 Phase 1 located south of Berkshire Road and east of Asseri Street. Motion by Councilmember Johnson to continue APPROVED Consent Calendar Item 8.n. to the next Council AB HANSON meeting, due to some unanswered questions that need to be resolved. X. Accept bid and approve contract with Griffith AGR 13 -137 Company, ($183,542), for the Municipal Airport AGR 13 -142 Southwest Hangar Access Road. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar Item 8.x. AB HANSON aa. Accept bid and approve contract with Security AGR 13 -140 Paving Company, Inc. ($14,154,016; 100% federally funded), to construct the State Route 58 GAP Closure Project. (TRIP) Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar Item 8.aa. AB HANSON SUCCESSOR AGENCY BUSINESS: a. Receive and file successor agency payments from July 3, 2013, to August 1, 2013, in the amount of $1,009,476.66. b. Resolution approving the Amended and RES 104 -13 Restated Reimbursement Agreement between AGR 13 -142 the City and the Successor Agency to the Bakersfield Redevelopment Agency. C. Resolution of the City Council of the City as the RES SA001 -13 governing body of the Successor Agency to AGR SA 13 -001 the Redevelopment Agency, approving the Amended and Restated Reimbursement Agreement between the City and the Successor Agency to the Bakersfield Redevelopment Agency. Motion by Vice -Mayor Weir to adopt Successor APPROVED Agency Business items 9.a. through 9.c. AB HANSON lltell 11. Bakersfield, California, August 14, 2013 — Page 12 CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution approving ordering the vacation of a portion of the public utilities easement located at 8400 Rosedale Highway. (Staff recommends adoption of Resolution.) b. Public Hearing to consider Resolution adopting fees for the addition of the Mill House as a facility rental pursuant to the cost recovery program. (Staff recommends adoption of Resolution.) Consent Calendar Public Hearings opened 6:17 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:17 p.m. Motion by Vice -Mayor Weir to adopt Consent Calendar Public Hearings items 10.a. and 10.b. HEARINGS a. General Plan Amendment /Zone Change No. 13 -0136; McIntosh & Associates, representing Kern Land Partners, LLC (property owner), has applied for a general plan amendment and zone change on 77 acres located at the southeast corner of Seventh Standard Road and Calloway Drive. An Appeal of the Planning Commission's decision to recommend approval was submitted by Clayton Camp, a neighboring property owner. (continued from 07117113 meeting) 1. Resolution adopting a Negative Declaration. 2. Resolution denying the appeal and approving the general plan amendment changing the land use designation from SR (Suburban Residential) and ER (Estate Residential) to LR (Low Density Residential). 3. First Reading of Ordinance denying the appeal and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to R -1 (One Family Dwelling). ACTION TAKEN RES 105 -13 RES 106 -13 APPROVED AB HANSON RES 107 -13 RES 108 -13 FR Bakersfield, California, August 14, 2013 - Page 13 11. HEARINGS continued City Clerk Gafford announced this hearing was opened and continued from the July 17, 2013, meeting; and correspondence was received from Elaine Fleeman in opposition to the project. Community Services Director Mclsaac made staff comments, provided a PowerPoint presentation; and recommended adoption of the Resolutions, and First Reading of the Ordinance. Hearing opened at 6:24 p.m. Stuart Fleeman spoke in opposition to the staff recommendation. Clayton Camp and Roger McIntosh spoke in support of the staff recommendation. No one spoke in rebuttal. Hearing closed at 6:41 p.m. Councilmember Smith stated he would like to make sure that the City enforces the 12 -foot pathway for all development along Seventh Standard Road instead of a standard sidewalk. Councilmember Johnson indicated he would like to condition single story residences on the south side of the property, as well, but that he would defer that motion to the Councilmember who actually represents that area, if he chooses to do that. Councilmember Maxwell asked staff to start a warrant study at Etchart and Calloway in order to be able to determine when In the future a stop sign could be installed. Vice -Mayor Weir advised that since the applicant is satisfied with the deed restrictions, he would not recommend adding any other conditions to this particular project with respect to single story residences. ACTION TAKEN Motion by Vice -Mayor Weir to adopt Hearing APPROVED Item l La., 1.,2., and 3., as amended and AB HANSON recommended by staff. Bakersfield, California, August 14, 2013 - Page 14 12. REPORTS None. 13. DEFERRED BUSINESS None. 14. NEW BUSINESS None. 15. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell asked staff to fix the center divider at F and 23rd streets where It appears someone bumped It and put a bend In it, creating a dangerous situation. Councilmember Maxwell asked staff to provide a report In a workshop at the next Council meeting regarding the TRIP projects and the TIFIA loan, if the validation action is challenged, to explore some of the costs and what sort of a timetable would be Involved with putting the matter on the June or November ballot, and let the voters make a decision as to whether to commit to $270 million as a loan and an ultimate payment of almost $600 million. Councilmember Smith asked Public Works Director Rojas to confirm that the City is going to enforce the 12 -foot sidewalk on Seventh Standard Road, and was advised in the affirmative. Councilmember Smith complimented all of City staff on the efficient government article that was in the Washington Examiner. Councilmember Smith stated he would like to see the light on Commerce Way and Truxtun Avenue change to a regular four -way light to get better access in and out of Commerce Way for the businesses and also provide pedestrian /bicycle access from the Bike Path. Public Works Director Rojas responded that the intersection is on the list of items to look at for improvement; however, more data needs to be collected before a final decision is made, which will take several months. ACTION TAKEN Bakersfield, California, August 14, 2013 — Page 15 15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice -Mayor Weir asked Councilmember Maxwell if he would agree to refer the matter of the TRIP projects to the Budget and Finance Committee, which would then bring a report back to the City Council; and Councilmember Maxwell agreed to that suggestion. Mayor Hall announced that appreciable and steady progress is being made with the freeway litter pickup program with two crews of 30 individuals from the Homeless Shelter working on highways 99 and 58, and at the green waste facility, and in the near future, Westside Parkway will be included in regular pickups; advised that 2600 bags of trash have been collected In May and June; and he recognized the efforts of the retiree volunteers, the Sheriff's trustee crews, and the Kern County Probation Department, as well as local businesses wanting to sponsor the litter pickup program. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 7:15 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield