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HomeMy WebLinkAbout05/21/14_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF MAY 21, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting - 2:00 p.m. and Regular Meeting - 5:15 p.m. SPECIAL MEETING - 2:00 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following: 1. City v. Kern County, et al., Kings County Superior Court Case No, 13 C 0180. 2. Citizens Against The 24'h Street Widening Project v. City, et al., Kern County Superior Court Case No, S- 1500 -CV- 281556, KCT. 3. City v. All Persons Interested in the Matter, etc., Kern County Superior Court Case No, S- 1500 -CV- 280593, DRL, 4. Gary Willis v. City, et al., USDC Case No, CV -04 -06542 AWI LJO, 5, Truxtun Court Partners, et al. v. City, et al., Kern County Superior Court Case No. S- 1500 -CV- 278941, SPC. b. Conference with Legal Counsel - Initiation of Litigation; Close Session pursuant to Government Code Section 54956.9 (d)(4) (two potential Issues). C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING -5:15 p.m. 1. ROLL CALL 2. INVOCATION by Minister Cathy Shelton, Cornerstone Church. 3. PLEDGE OF ALLEGIANCE by Jasmine Balboa, 5m grade student at McAuliffe Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to David K. Cohn, Managing Partner, and Matthew C, Clark, Partner, representing the law firm of Chaln /Cohn /Stiles, for providing sponsorship funding to support the cooperative effort by the City, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages. b. Presentation by Mayor Hall of a Proclamation to On Man Lau, President of the American Public Works Association, Central California Chapter, Kern Branch, declaring May 18 -21, 2014 as National Public Works Week. C. Presentation by Mayor Hall of an Award of Merit conferred by the California Association for Local Economic Development Awards of Excellence Program to the Greater Bakersfield Convention and Visitors Bureau for outstanding efforts and achievements In economic development advertising, marketing and promotion during 2013. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Department Budget Presentations; 1, Fire Department 2. Police Department 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a, Approval of minutes of the May 7, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from April 25, 2014, to May 8, 2014, In the amount of $8,977,693.11 and self- insurance payments from April 25, 2014, to May 8, 2014, in the amount of $279,709,31, totaling, $9,257,402,42. City Council Meeting of 05/21/2014 8. CONSENT CALENDAR continued Ordinances: C. First Reading of the following Ordinances amending various sections of the Municipal Code; 1. Amending Chapter 5.45 relating to Sidewalk Pushcart Food Vendors. 2. Amending Section 5.26.040 relating to Regulations for Hotels and Lodginghouses. 3. Amending Chapter 5.56 relating to Transient Outdoor Business Licenses. 4. Amending Section 10.69.040 relating to Special Events In Residential Zones. 5. Amending Section 12.20.035 relating to Encroachment Permits, 6. Amending Section 14.12.390 relating to Sewer Connection Fees. 7. Amending Section 14.20.020 relating to Health Officer Approval of Sewer Systems. 8. Amending Section 16.32.040 relating to Amount of Security for Subdivision Improvements. 9. Amending Section 16.32.100, Subsection B relating to Survey Requirements - Monuments. 10. Amending Section 17.08.180 relating to Fence, Walls and Hedges. 11. Amending Section 17,59.030, Subsection C relating to Fencing for Wireless Telecommunications Facilities, 12. Amending Section 17.66.030 relating to Maximum Grade of Streets and Other Easements. (Ward 4) d. Adoption of Ordinance updating previously adopted Ordinance No. 4511 that changed the zone district from C -2 to C -2 /PCD (LC 07 -2098) on approximately 47.65 acres for the Riverwalk Commercial Center located along the north side of Stockdale Highway between Calloway Drive and Buena Vista Road. (ZC No. 14 -0061 McIntosh & Associates, representing Castle & Cooke Commercial -CA). (FRo4lmlu) Resolutions: e. Resolution adopting the Investment Policy of the City. (Ward 2) f. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 2014 -15 ($221,356) for the maintenance of the Bakersfield Amtrak Station during said fiscal year. (Ward 5,6,7) g. Resolution approving the application for $127,000 in grant funds from the Remove II Program administered by the San Joaquin Valley Air Pollution Control District for Installation of five miles of signing and marking on both sides of Harris Road from Wlble Road to Gosford Road and from Gosford Road to Buena Vista Road. (Ward 6) h. Resolution approving the application (not to exceed $150,000) in grant funds from the Title XVI Water Reclamation and Reuse Program administered by the United States Bureau of Reclamation to conduct feasibility studies for water reclamation and reuse programs at Wastewater Treatment Plant No, 3. City Council Meeting of 05/21/2014 8. CONSENT CALENDAR continued (Ward 2) i. Sewer connection and construction fees assessment for 112 Candy Street: 1. Resolution confirming assessments for sewer connection and construction and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with David Preston Heisler, to pay sewer connection and construction fees through the Kern County Tax Collector, (Ward 3,4,5,6,7) j. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report for each: 1. Area 1 -100 (Tentative Tract 7218 - southeast corner of Olive Drive and Rudd Avenue) 2. Area 1 -101 (northeast corner of Reina Road and Santa Fe Way) 3. Area 1 -102 (2620 Mosasco Avenue) 4. Area 2 -57 (southwest corner of Ming Avenue and Renfro Road) 5. Area 2 -58 (McNair Lane and Ride Street) 6. Area 3 -91 (Compagnoni Street and Taft Highway) 7. Area 4 -119 (5645 Auburn Street) (Ward 2,3,4,5) k. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report for each: 1. ROI No, 1791 adding Area 1 -96 (Birchhaven Avenue and Jewetta Avenue) 2. ROI No. 1794 adding Area 3 -92 (Tentative Tract 7243 on the eastside of Old River Road, south of Berkshire Road) 3. ROI No, 1795 adding Area 4 -120 (900 H Street) 4. ROI No, 1796 adding Area 4 -121 (3728 Arrow Street) Agreements: I. Agreement with GRC Associates, Inc, ($76,000), for assistance in the preparation of the 2010 -2015 Consolidated Plan, the Annual Action Plan, the Citizen Participation Plan, and the Analysis of Impediments to Fair Housing Choices for the U,S, Department of Housing and Urban Development. M. Agreement with William Avery and Associates, Inc., Fiscal Years 2014/2015 ($49,800) and Fiscal Years 2015/2016 ($49,800), for labor negotiation and consulting services. n. Agreement with Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed $320,000 for a two year period with an additional option year) for Worker's Compensation Legal Defense Services to be utilized at the City's discretion. o. Agreement with Duane Morris, LLP, for Fiscal Years 2014/2015 ($1,000,000), 2015/2016 ($1,125,000), 2016/2017 ($1,500,000) for legal services regarding water related matters, (Ward 6) P. Design Consultant Agreement with RRM Design Group ($515,030) for engineering design services for the Sports Village Phase 3 Project. (Ward 3) q. Utility Agreement with AT &T ($282,199.14; Roads Program Utility /Surcharge Fund) for the relocation of overhead telecommunications facilities In advance of the State Route 178 Widening Project. (TRIP) 4 City Council Meeting of 05/21/2014 8. CONSENT CALENDAR continued (Ward 123,63) r. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the Beltway Operational Improvements Project. (TRIP) (Ward 4,5,6,7) S. Agreement between City and Kern County Water Agency Improvement District No, 4 (not to exceed $385,000) for a supplemental dry year water supply, (Wards 7) t. State Route 99 at Hosking Avenue Interchange Project: (TRIP) 1. Amendment No. 3 to Agreement No, 07 -132 with Parsons Transportation Group, Inc, ($251,838.70; revised not to exceed $3,546,316,46), for additional engineering services for Final Plans, Specifications and Estimate (PS &E). 2. Appropriate $252,000 additional traffic Impact fee revenue to the Public Works Capital Improvement budget within the Transportation Development Fund. (Ward 3) U. Contract Change Order Nos. 3, 6, 12, 15 and 16 to Agreement No. 13 -118 with Granite Construction, Inc, ($242,502.20; revised not to exceed $25,775,979.29; change order funded with Federal Earmark Funds - 88.53 %, and Capital Outlay Utility /Roads Fund - 11,47 %), for the State Route 178 and Morning Drive Interchange Project, (TRIP) Bids: V. Accept bid from Berchtold Equipment Company ($210,006.94) for three replacement backhoe loaders with industrial flat decks for use by the Public Works Department, Streets Division. (Ward 2) W. Accept bid and approve contract with Pacific West Sound ($73,950,51) for an audio system upgrade at Rabobank Theater. (Ward 6,7) X. Accept bid and approve contract with Sterndahl Enterprises, Inc. ($60,744.30), for Bike Lane Improvements on Akers Road from McKee Road to Wilson Road - Phase 1, (Ward 4) Y. Accept bid and approve contract with Loop Electric, Inc. ($172,723.35), for Traffic Signal and Lighting Installation at the intersection of Old Farm Road and Olive Drive, Miscellaneous: (Ward 6) Z. Dedication of freeway right of way to Caltrans on the north side of Taff Highway from Gosford Road to Ashe Road, aa. Repeal of City Council approval for Staff Support and Technology Funding. (Ward 3) bb. Settlement approval in the matter of the City v. Anthony C. Evans and Carol Ross Evans, etc., et al,, ($85,000) related to the acquisition of property for the State Route 178 and Morning Drive Interchange Project. cc, 2014 City Council Goals Update Phase 2: Additional Proposed Revisions requested by City Councilmembers, Successor Agency Business: dd. Receive and file successor agency payments from April 25, 2014, to May 8, 2014, in the amount of $7,217.36. Staff recommends adoption of Consent Calendar items 8a, through 8.dd. 5 City Council Meeting of 05/21/2014 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS 11. REPORTS a. Department Budget Presentations: 1. Public Works Department b. Freeway Litter Program: Report on freeway litter program. 2. Memorandum of Agreement with Kern Council of Governments ($150,000) to provide continuation of funding for the program for Fiscal Year 2014/15. 3. Amendment No. 2 to Agreement No. 13 -072 with the Bakersfield Homeless Center ($150,000; revised not to exceed $840,640) for litter removal services. 4. Appropriate $150,000 Other Agency Share of Project Costs to the Public Works Department's Operating Budget within the Refuse Fund to provide funding for the program. Staff recommends approval of Agreements and appropriation of funds. 12. DEFERRED BUSINESS a. Adoption of Ordinances amending the text of the Municipal Code, specifically Chapter 17.10 (One Family Dwelling Zone) and Section 16.28.170 (Subdivision Lot Design Standards) creating a new R -1-4.5 zone district (Small Lot One - Family Dwelling 4,500- square foot lot minimum) with related changes to the front and rear building setback requirements and subdivision lot design standards. (FR 03/19/14) Staff recommends adoption of Ordinances. 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 5/16/14 8:50am City Council Meeting of 05/21/2014 AGENDA HIGHLIGHTS May 21, 2014 COUNCIL MEETING SPECIAL MEETING - 2:00 p.m. NOTE: Due to the number of closed session Items, a special meeting will be called to order at 2:00 p.m., followed by Public Statements that will encourage comments pertaining 2WX to Closed Session matters. The Council will then recess Into Closed Session. Upon conclusion of the Closed Session, any 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. CLOSED SESSIONS There will be a conference with legal counsel regarding five matters of existing litigation, two matters pertaining to initiation of litigation and a conference with the labor negotiator. REGULAR MEETING -5:15 p.m. Items 6a 1. and 6a 2. Department Budget Presentations. Staff from the Fire and Police Department's will present their respective department's proposed operating and capital improvement budgets for FY 2014 -15. Item 8c. 'Update and /or Minor Corrections to Various Ordinances. Periodically, City departments request minor changes in existing ordinances to reflect current practice, correct typographical errors, or to make a section read better. This item requests first reading of a series of minor revisions, as described in the Administrative Report from the City Attorney's Office. Item 8h. Approval of Grant Application for Wastewater Feasibility Study The City's Wastewater Treatment Plant No. 3 produces up to 2 million gallons a day of disinfected tertiary recycled wastewater. Approximately 1 million gallons a day is currently used to irrigate the adjacent State Farm Sports Village athletic fields; however there are additional opportunities for the usage of the treated water. The proposed grant application would authorize the City to receive up to $150,000 from the United States Bureau of Reclamation for the purpose of producing a feasibility study focusing on potential additional uses, including the sale of tertiary recycled wastewater. If awarded, the City is required to provide a match of $150,000 of Sewer Enterprise Funds. Item 8cc. 2014 City Council Goals Update, The 2014 Goals document has been updated with revisions that have been proposed by Councilmembers at the March 19 and May 7, 2014 Council Meetings and is recommended for adoption. Items I la. Department Budget Presentation. Staff from the Public Works Department will present their proposed department operating and capital improvement budget for FY 2014 -15. Items 1 l 1 -4. Freeway Litter Program. Per Councilmember request, staff from the Public Works Department will provide the City Council with an update on the Freeway Litter Program. The three additional items are related to a new memorandum of agreement with the Kern Council of Governments (KernCOG) for continued funding for the Freeway Litter Program. The new MOA provides $150,000 in funding for the program in FY 2014 -15. This is a $50,000 increase over the KernCOG contribution of $100,000 in the current fiscal year. Staff is also recommending corresponding actions to amend the Bakersfield Homeless Center agreement to reflect this funding source and an action to appropriate the funds within the Public Works operating budget. The City wishes to recognize KernCOG, CalTrans and the Bakersfield Homeless Center for continuing this cooperative partnership with the City to address litter on freeways within the City. Item 12a. Adoption of ordinances to create a new small lot. single - family zone. First reading of the ordinances was given during the March 19, 2014 Council Meeting. At that time, Councilmember Maxwell requested the ordinances come back to the Council for second reading in May and include a brief presentation by staff before the full Council. The proposed ordinances would create a smaller single - family lots (less than 6,000 square feet), under a new zone district, to be known as R -1 -4.5 (a small lot single - family dwelling, with a minimum 4,500 square foot lot). This option would not conflict with the General Plan and would eliminate the need to rezone property to R -2, multi- family, which sometimes causes public concern. A zone change for the new proposed designation would still be required to allow for public input. Community Development staff will provide a brief presentation on the proposed new zone. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - May 21, 2014 Council Meeting Page 2 A U d ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Closed Session ITEM: S. a, . TO: FROM: Honorable Mayor and City Council Virginia Gennaro, City Attorney DATE: May 9, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY V(T- CITY MANAGER SUBJECT: Conference with Legal Counsel — Existing Litigation Closed session pursuant to Government Code section 54956.9(d) (1) • City of Bakersfield v. Kern County, et al. Kings County Superior Court Case No. 13 C 0180 • Citizens Against The 24th Street Widening Project v. City of Bakersfield, et al. Kern County Superior Court Case No. S- 1500 -CV- 281556, KCT • City of Bakersfield v. All Persons Interested in the Matter, etc. Kern County Superior Court Case No. S- 1500 -CV- 280593, DRL • Gary Willis v. City of Bakersfield, et al. USDC Case No. CV -04 -06542 AWI LJO • Truxtun Court Partners, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. S- 1500 -CV- 278941, SPC VG:Isc S: \COUNCIL \CI Sess \Admins\ 13- 14 \5- 21- 14ExistLit.dccx Illilllltlll�,iiii 111 ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Closed Session ITEM: S. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: May 8, 2014 DEPARTMENT HEAD APPROVED Vd- CITY ATTORNEY V CITY MANAGER SUBJECT: Conference with Legal Counsel — Initiation of Litigation Closed session pursuant to Government Code section 54956.9(d)(4) (two potential issues). VG:Isc S: \COUNCIL \CI Sess\ Admins \13- 14 \5- 21- 141nitLit.docx ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Closed Session ITEM: 0 - C . TO: FROM: DATE: SUBJECT VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney May 8, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Labor Negotiator pursuant to Government Code section 54957.6. S: \COUNCIL \CI Sess\ Admins \13- 14 \5- 21- 14LaborNeg.docx A 4 ADMINISTRATIVE REPORT U C MEETING DATE: May 21, 2014 AGENDA SECTION: Presentations ITEM: 4. Q . TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: May 8, 2014 P D DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Vkv SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to David K. Cohn, Managing Partner, and Matthew C. Clark, Partner, representing the law firm of ChainjCohnjStiles for providing sponsorship funding to support the cooperative effort by the city, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages. RECOMMENDATION: BACKGROUND: krt May 9, 2014, 10:59AM A ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Presentations ITEM: #-b- TO: Honorable Mayor and City Council A P FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: May 8, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to On Man Lau, President of the American Public Works Association, Central California Chapter, Kern Branch, declaring May 18 -21, 2014 as "National Public Works Week" in Bakersfield. RECOMMENDATION: BACKGROUND: krt May 8, 2014, 12:21 PM A ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Presentations ITEM: *. C . TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: May 9, 2014 PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER j SUBJECT: Presentation by Mayor Hall of an Award of Merit conferred by the California Association for Local Economic Development Awards of Excellence Program to the Greater Bakersfield Convention and Visitors Bureau for outstanding efforts and achievements in economic development advertising, marketing, and promotion during 2013. RECOMMENDATION: BACKGROUND: krt May 9, 2014, 9:33AM MEETING DATE: May 21, 2014 AGENDA SECTION: Workshops ITEM: to. Q . TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 2, 2014 SUBJECT: Department Budget Presentations 1. Fire Department 2. Police Department DEPARTMENT HEAD CITY ATTORNEY lv CITY MANAGER BACKGROUND: Staff from the Fire and Police Departments will provide a detailed overview of their FY 2014 -15 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. AT:ch:al 5/2/14 SA 14-15 BUDPRO \Budget Admins, Resos \Budget Presentation 05.21.14 - FD, WR.docx A � r ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: A rL . TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: May 9, 2014 APPROVED DEPARTMENT HEAD & r" CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the May 7, 2014, Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: Rg:jno B AKE OF ywrrne�r�Rs ADMINISTRATIVE REPORT c �L� 10 MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: 8, b TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAI DATE: May 8, 2014 CITY ATTORNE' CITY MANAGE SUBJECT: Receive and file department payments from April 25, 2014 to May 8, 2014 in the amount of $8,977,693.11 Self Insurance payments from April 25, 2014 to May 8, 2014 in the amount of $279,709.31 totaling $9,257,402.42 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: May 9, 2014, 8:OOAM S:\Dawn T\Admin - Council\2014 \COUNCIL - ADMIN- 2014\ADMIN —AP 05- 21- 14.doc BA ADMINISTRATIVE REPORT U d IF 0 MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: g. C , TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Virginia Gennaro, City Attorney May 15, 2014 APPROVED DEPARTMENT HEAD T7 CITY ATTORNEY CITY MANAGER 1. First Reading of Ordinance Amending Chapter 5.45 re: Sidewalk Pushcart Food Vendors. 2. First Reading of Ordinance Amending Section 5.26.040 re: Regulations for Hotels and Lodginghouses. 3. First Reading of Ordinance Amending Chapter 5.56 re: Transient Outdoor Business Licenses. 4. First Reading of Ordinance Amending Section 10.69.040 re: Special Events in Residential Zones. 5. First Reading of Ordinance Amending Section 12.20.035 re: Encroachment Permits. 6. First Reading of Ordinance Amending Section 14.12.390 re: Sewer Connection Fees. 7. First Reading of Ordinance Amending Section 14.20.020 re: Health Officer Approval of Sewer Systems. 8. First Reading of Ordinance Amending Section 16.32.040 re: Amount of Security for Subdivision Improvements. 9. First Reading of Ordinance Amending Section 16.32.100, Subsection B, re: Survey Requirements - Monuments. 10. First Reading of Ordinance Amending Section 17.08.180 re: Fence, Walls and Hedges. 11. First Reading of ordinance Amending Section 17.59.030, Subsection C, re: Fencing for Wireless Telecommunication Facilities. 12. First Reading of Ordinance Amending Section 17.66.030 re: Maximum Grade of Streets and Other Easements. RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendments. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of ordinances that are being recommended by Staff for changes: I . BMC Chapter 5.45. The amendment changes the responsibility for permits from the City Manager to the Finance Director. ADMINISTRATIVE REPORT 2. BMC Section 5.26.040. The amendment deletes the requirement that hotel registration books be open at all times for inspection per a new Federal Court of Appeals case, Patel, et al. v. City of Los Angeles (2013), which invalidated a city's local ordinance that allowed police access to hotel guest records without a warrant. 3. BMC Chapter 5.56. The amendment deletes the "seasonal outdoor business" category and combines all transient outdoor businesses into one permit category; changes the number of days temporary businesses can operate; and provides a definite termination date for operation of the business. Staff wants to simplify the permit process to one permit, making the seasonal outdoor category no longer necessary. 4. BMC Section 10.69.040. The amendment permits special events on or adjacent to church or school property in residential areas which codifies current practice. 5. BMC Section 12.20.035. The amendment clarifies that "substantial below -grade portions of buildings" that are considered to be an encroachment not only need an encroachment permit, but also an encroachment permit that requires Council approval. 6. BMC Section 14.12.390. The amendment corrects a typographical error from th6 2013 ordinance revision. 7. BMC Section 14.20.020. The amendment substitutes the correct name of the department director. 8. BMC Section 16.32.040. The amendment deletes reference to a section of the Municipal Code (16.32.020(B) or (C)) which was eliminated from the Code in 2012 concerning types of security for improvements. 9. BMC Section 16.32.100. The amendment corrects a typographical error. 10. BMC Section 17.08.180. The current code section prohibits barbed wire fencing in all residential zones and certain commercial and industrial zones. The amendment adds electrified wire to the code section, prohibiting electrified wire from being used in the same zones where barbed wire is prohibited. 11. BMC Section 17.59.030. The amendment adds electrified wire to types of fencing prohibited around wireless telecommunication facilities for consistency with section 17.08.180. 12. BMC Section 17.66.030. The amendment substitutes "current edition" for a specific year on a highways design guidebook. JHR:Isc S: \COUNCIL \Admins \13 -14 Admins \Cleanup 2014.docx 014 1° ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: 9. d. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: May 2, 2014 CITY MANAGER SUBJECT: Adoption of ordinance updating previously adopted Ordinance No. 4511 that changed the zone district from C -2 to C -2 /PCD (ZC 07 -2098) on approximately 47.65 acres for the Riverwalk Commercial Center located along the north side of Stockdale Highway between Calloway Drive and Buena Vista Road. (ZC No. 14 -0061 - McIntosh & Associates, representing Castle & Cooke Commercial -CA) (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on April 16, 2014. The applicant proposed this zone change to modify two conditions of approval for the Riverwalk Commercial Center located along the north side of Stockdale Highway between Calloway Drive and Buena Vista Road. This project has an approved Planned Development (PD) plan that contains conditions and mitigation measures. However, those same conditions are also within existing Ordinance No. 4511 that approved the current C -2 /PCD zone. With approval by the Planning Commission of new PD plan conditions on March 6, 2014, an updated ordinance without conditions is necessary for consistency and removes redundancy. The applicant proposed to expand the type of general retail uses within the easterly 1,200 -foot portion of the center. This area is currently restricted to limited retail (furniture store) and service - oriented uses (sit -down restaurants and fitness club). The expansion of uses is intended to improve the marketability of this area and the applicant has agreed to keep restrictions related to hours of operation, prohibited uses, prohibition of outside storage and /or sales displays in place, and to contain all business activities within a building. The proposed changes are listed below in italics and underlined: Condition No. 2: The easterly 1,200 feet of the project site, as measured from the centerline of Calloway Drive, shall be restricted to the following uses: a. Office development b. Hotel /motel C. S General retail as conditioned in this exhibit (Exhibit A), provided all store activities are contained inside a building. d. Fitness center ADMINISTRATIVE REPORT e. Dinner or family sit -down restaurant (no fast food with drive -thru) Condition No. 7: Fitness Centers and General Retail: a. Any fitness center or general retail use within the easterly 1,200 feet of the project site shall not operate between the hours of 12:00 am to 5 am seven days a week. In 2008, the Planning Commission approved a request to modify conditions of approval for the center to increase the allowable size of an individual tenant to 140,000 square feet, which subsequently allowed construction of the existing Target store. Since all actions at that time affecting the center automatically came before the City Council, Councilmembers asked if there was a way to allow Planning Commission approval only in the future with the Council hearing appeals if issues could not be resolved. As a result, the developer agreed to add a PCD overlay to the existing C -2 zone for the entire 48 -acre site. Because the project would be developed in phases, the PCD overlay would ensure that any significant plan changes undergo a more thorough public review by the Planning Commission. The City Council approved those changes on May 21, 2008 with Ordinance No. 4511. However, the conditions of approval were inadvertently left within the ordinance, which still requires Council approval to modify. This was not the intent of placing the PCD overlay over the center. This is proposed to be corrected through the adoption of this ordinance which removes all conditions previously attached to the zoning of the site. The new ordinance does not change the project since all the conditions of approval are contained within and enforced through the most recently approved PD plan. The Planning Commission conducted a public hearing on this Zone Change on March 6, 2014 and unanimously recommended approval to the City Council. Other than the applicant in support of the request, no individuals spoke or provided written comments either in support or opposition of the request. The Commission found that since all other restrictions concerning hours of operation, prohibited uses, and outdoor storage /sales displays will remain in place, and since the nearest residential property is approximately 240 feet to the south separated by Stockdale Highway, a six - foot high masonry block wall and the River Canal, they concluded that expanding the types of retail uses would give additional flexibility for the developer to attract appropriate tenants into the 1,200 -foot easterly area of the center. As conditioned, new development would be compatible with nearby residential properties. No appeals were filed concerning the revised PD plan conditions. The Riverwalk Commercial Center Environmental Impact Report (EIR) was prepared for this project in accordance with the California Environmental Quality Act (CEQA). The EIR was certified on August 22, 2001. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the environment. Pursuant to CEQA Guidelines Section 15162, the EIR certified for this project is adequate and no further environmental documentation is necessary because no substantial changes to the original project are proposed; there are no substantial changes in circumstances under which the project will be undertaken; and no new environmental impacts have been identified. The project will not significantly impact the physical environment because mitigation measures relating to biological resources, traffic and circulation, noise, air quality, cultural resources, and aesthetics have been incorporated into the project. Staff recommends adoption of the ordinance. DL: S: \GPAs \GPA 2nd 2014\ 14-006 1 \Admin SR \ZC 2nd Reading - no GPA.docx 6AKE ADMINISTRATIVE REPORT gLIF0 MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: $. e, TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: May 8, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY lkk� CITY MANAGER SUBJECT: Resolution Adopting the Investment Policy of the City. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: California Government Code Section 53646 requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. There have been no changes to the California Government Code regarding municipal investment guidelines in the last twelve months and staff is not recommending any changes to the policy document. Staff recommends adoption of the Resolution to comply with the Government Code Section. S: Treasury /tandrews /Investment Policy (; BA Ql �[AFPOR,t o •S ADMINISTRATIVE REPORT t MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: '? TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 13, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY INAi CITY MANAGER SUBJECT: Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2014 -15 ($221,356) for the maintenance of the Bakersfield Amtrak Station during said fiscal year (Ward 2). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of Governments (Kern COG). TDA Article 4 Public Transportation funds have been used by Kern COG to address transit problems. Golden Empire Transit and other transit service - oriented organizations have been receiving these local transit funds to provide for the transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak Station since Amtrak is part of the public transportation system. As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site. These Article 4 Transportation Development Act funds can be used to pay for those maintenance activities since Amtrak is part of the public transportation system. Costs incurred by the City for the Amtrak Station are fully funded with Article 4 Transportation Development Act funds. This Resolution authorizes staff to submit an application for those. funds. The amount requested for Fiscal Year 2014/15 totals $221,356. The City files for TDA Article 4 funds each year. The FY 14/15 proposed budget includes both revenue and expenditures to maintain the Amtrak Station building. gl GAGR0UPDAT \ADMINRPT \2014 \05 -21 \Amtrak TDA Funds.doc BA CP�14 r ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: g, TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 6, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER t7 IV SUBJECT: Resolution approving the application for $127,000 in grant funds from the Remove II Program administered by the San Joaquin Valley Air Pollution Control District for installation of five miles of signing and marking on both sides of Harris Road from Wible Road to Gosford Road and from Gosford Road to Buena Vista Road (Wards 5, 6, & 7). RECOMMENDATION: Staff recommends approval of Resolution. BACKGROUND: The San Joaquin Valley Air Pollution Control District has a "Remove II Incentive Program" which provides incentives for projects that will reduce motor vehicle emissions within the Air District. This Program allocates funds to cost - effective projects that have the greatest motor vehicle emission reductions that in turn result in positive impacts on the Valley's air pollution problems. The Bicycle Infrastructure Component of the Remove II Program provides incentives for Class I or Class II bicycle path construction. The City of Bakersfield is eligible to apply for grant funding under the Bicycle Infrastructure Component and desires to apply for two grants totaling $127,000 to install five miles of signing and striping for Class II bike lanes on both sides of Harris Road from Wible Road to Gosford Road and from Gosford Road to Buena Vista Road. A separate grant application will be filed for each of the two road segments since there is a $100,000 cap for each grant request; an agency is not limited in the number of grant requests submitted. There is no local match requirement for this funding source. Installation of these bike lanes on Harris Road will increase the number of travel modes available on existing streets, provide connection to existing bike lanes in the area, and reduce vehicular congestion. The addition of bike lanes to existing roadways also furthers the City's efforts to provide opportunities for multi -modal forms of transportation and its commitment to the implementation of the Complete Streets Policy. This Resolution allows staff to execute the documents necessary to apply for grant funding. If the City is successful with obtaining grant funding, Council action will be required for the appropriation of grant funding. Because the proposed project is fully funded by the grant, there is no General Fund impact associated with this grant application. Public Works / Traffic Engineering / EM G: \GROUPDAT \ADMINRPT \2014 \05 -21 \Remove 11 Funding Admin.doc B. o., s ADMINISTRATIVE REPORT /FO MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: le h TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTA DATE: May 13, 2014 CITY CITY SUBJECT: Resolution approving the application for an amount not to exceed $150,000 in grant funds from the Title XVI Water Reclamation and Reuse Program administered by the United States Bureau of Reclamation to conduct feasibility studies for water reclamation and reuse programs at Wastewater Treatment Plant No. 3 (Ward 6). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The United States Bureau of Reclamation announced a funding opportunity (number R 14AS00030) to allow water and wastewater districts to conduct WaterSMART Title XVI feasibility studies on the reclamation and reuse of wastewater. Wastewater Treatment Plant No. 3 is currently permitted by the State Waterboard to produce up to 2 million gallons a day (MGD) of disinfected tertiary recycled wastewater. Current uses of the tertiary recycled water include groundwater recharge, treatment plant operations, and landscape irrigation including approximately 1 MGD on average for the irrigation of the State Farm Sports Village adjacent to the plant. The feasibility study will evaluate expanding the current tertiary treatment capacity to include possible agricultural irrigation to the current uses for the tertiary treated water. The study will provide direction on what the State Waterboard will allow in terms of changes to the current operating permit; will investigate delivering the disinfected tertiary water through new piping infrastructure to more locations for landscape irrigation; will investigate delivering the disinfected tertiary water to existing percolation ponds for extraction by potable water supply wells; will investigate delivering disinfected tertiary water into an existing canal irrigation system to convey the recycled water to farmlands; will investigate the amount of tertiary water required to meet the newly identified uses; and will determine a projected selling price for this recycled water produced by the plant. By submitting an application, the City can be awarded up to $150,000 to perform a feasibility study within 18 months. If awarded these funds, the City will enter into an agreement with the United States Bureau of Reclamation to complete the study. Adoption of a resolution is a federal requirement to make the application valid. The local match requirement must at least equal the grant award amount. Therefore, if awarded the full $150,000 allowable under this funding opportunity, the City will be required to provide a match of $150,000. Sewer Enterprise funds will provide the funding for all local match requirements. Therefore, there is no potential General Fund impact associated with this grant application. zm G: \GROUPDAT \ADMINRPT \2014 \05 -21 \Bureau of Reclamation Reso Admin vl .doc G 11A E Ql �,Otl024 RS ADMINISTRATIVE REPORT IFO MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: ' TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD_ DATE: April 29, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Sewer connection and construction fees assessments (Ward 2): 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 David Preston Heisler, 112 Candy Street, to pay sewer connection and construction fees through the Kern County Taxes. 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 property at 112 Candy Street desires to connect the property to the City sewer system. The property owner claims that to pay the sewer connection and construction fees in one payment would produce an economic hardship. To assist in paying the connection and construction fees, the City has contracted with the property owner to spread 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. Ordinance No. 4433, dated May 23, 2007, authorizes the Kern County Tax Collector to collect the connection and construction fees in eight equal payments over the next eight years. mmm G: \GROUPDAT \ADMINRPT \2014 \05 -21 \112 Candy St ADMIN.doc May 1, 2014, 8:12AM A O + S ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: T. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nick Fidler, Acting Public Works Director April 30, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each. 1. Area 1 -100 (TT 7218 -SEC of Olive Drive & Rudd Avenue) -Ward 4 2. Area 1 -101 (NEC of Reina Road and Santa Fe Way) - Ward 4 3. Area 1 -102 (2620 Mosasco Avenue) - Ward 4 4. Area 2 -57 (SWC of Ming Ave & Renfro Road) - Ward 5 5. Area 2 -58 (McNair Lane / Ride Street NW) - Ward 6 6. Area 3 -91 (Compagnoni Street / Taft Highway) - Ward 7 7. Area 4 -119 (5645 Auburn Street) - Ward 3 RECOMMENDATION: Staff recommends adopting the Resolutions. BACKGROUND: On April 16, 2014 the Council adopted Resolutions of Intention No. 1781, 1782, and 1783, 1784, 1785, 1786, and 1787 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 \2014 \05 -21 \Res est CMD 1 -100 1 -101 1 -102 2 -57 2 -58 3 -91 4 -1 19.docx MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD DATE: April 30, 2014 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 # 1791 to add Area 1 -96 (Birchhaven Avenue / Jewetta SW) - Ward 4 2. ROI # 1794 to add Area 3 -92 (TT7243 on the east side of Old River Road south of Berkshire Road) - Ward 5 3. ROI # 1795 to add Area 4 -120 (900 H Street) - Ward 2 4. ROI # 1796 to add Area 4 -121 (3728 Arrow Street) - Ward 3 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 \2014 \05- 21 \ROI est CMD 1 -96 3 -92 4 -120 4- 121a.docx A O� w►►c , w ADMINISTRATIVE REPORT 0 MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: $, 1 TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: May 1, 2014 CITY MANAGER SUBJECT: Agreement with GRC Associates, Inc. ($76,000) for assistance in the preparation of the 2010 -2015 Consolidated Plan, the Annual Action Plan, the Citizen Participation Plan, and the Analysis of Impediments to Fair Housing Choices for the U.S. Department of Housing and Urban Development (City - Wide). RECOMMENDATION: Staff recommends approval. BACKGROUND: The 2015 -2020 Consolidated Plan (ConPlan), the Annual Action Plan, the Citizen Participation Plan, and the Analysis of Impediments to Fair Housing Choices (AI) are documents required by the U.S. Department of Urban Development (HUD) for all communities that receive annual entitlement funding from HUD. The goal of the documents is to establish a unified vision for community development actions. The process offers local jurisdictions the opportunity to shape the various housing and community development programs into effective, coordinated neighborhood and community development strategies. The Al is a comprehensive review of a jurisdiction's laws, regulations, and administrative policies, procedures, and practices affecting the availability and accessibility of housing as it relates to fair housing choice. The Al is also a disclosure and review of impediments to fair housing choice in the public and private sector. The existing five -year ConPlan, the Annual Action Plan, the Citizen Participation Plan, and the Al will be expiring June 30, 2015. All future requests must be identified as a need in an approved City /HUD ConPlan with strategic objectives for each goal /priority in order to be considered for funding from HUD. The City is also required to approve an annual Action Plan that describes how the City intends to invest its Community Development Block Grant, HOME, and Emergency Solutions Grant funds for the upcoming program year. These actions must occur in order to receive entitlement funding from HUD, which has previously averaged approximately $4.5 million annually. S: \EDCD_Shared \Admins \City Council \City Council Admins 2014 \GRC- ConPlanAdmin 5/7/2014 10:34 AM (nc) ADMINISTRATIVE REPORT To accomplish these tasks staff sent out 11 requests for proposals to consultants. In addition, a notice was put in the Bakersfield Californian on March 14, 2014. Three proposals were received and reviewed. Staff evaluated the proposals through a process of in -depth evaluations, subsequent ranking, and reference checks. GRC Associates, Inc. is being recommended based on overall completeness of their proposal, cost, and experience and performance in preparing Consolidated Plans, Annual Action Plans, Citizen Participation Plans, Actions Plans, and Analysis of Impediments to Fair Housing Choices. This consulting agreement will utilize Community Development Block Grant (CDBG) Administrative Funds. S: \EDCD_Shared \Admins \City Council \City Council Admins 2014 \GRC- ConPlanAdmin 5/14/2014 11:02 AM (nc) BA ADMINISTRATIVE REPORT IF MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: 8, m. TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager` DEPARTMENT HEAD DATE: May 8, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with William Avery & Associates, Inc., Fiscal Years 2014/1 ($49,800) and Fiscal Year 2015/16 ($49,800), for labor negotiation and consulting services RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Avery & Associates has provided the City with labor relations consulting services, including serving as the City's labor negotiator over the past 28 years. Avery & Associates has a unique understanding of the City's labor relations history and knowledge of past labor practices which are critical to ongoing union negotiations and labor matters. Avery & Associates has built a solid foundation with the City's various labor groups, staff and City Council, which has assisted in reaching numerous labor agreements over that time. Avery & Associates has agreed to continue providing services to the City without increase to the existing fee structure, through 2016. It should be noted that the current fee structure was reduced by 10% in 2010 as a result of the downturn in the economy and the subsequent impact to the City's finances. This extension will provide for the continuation of the City's relationship with Avery & Associates through June 30, 2016 and will include a monthly fee for service of $3,150 and an annual maximum of $12,000 in travel and lodging expenses for the term of the agreement. The total cost of the agreement is not to exceed $99,600. A o�yCA 14} U p ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: g, n . TO: Honorable Mayor and City Council FROM: Jena Covey, Risk Manager DATE: May 6, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Defense Services with a not to exceed amount of $320,000 for a two year agreement, with an optional third year to be utilized at the City's discretion. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City's contract with Hanna, Brophy, MacLean, McAleer & Jensen, LLP (Hanna Brophy) for workers' compensation defense services expires on June 30, 2014. In March 2014, a Request for Proposal was issued and the City received two (2) proposals from interested law firms. After a thorough review of the proposals submitted, staff is recommending to enter into an agreement with Hanna Brophy for two years, with an optional third year to be utilized at the City's discretion. Since March 2004, the City has maintained an agreement with Hanna Brophy to provide legal defense services for the City's workers' compensation claims program. As Hanna Brophy specializes in the defense of workers' compensation claims, they provide a high level of expertise for which the City does not have attorneys on staff to perform such services. The City received two proposals, one from Hanna Brophy and the other from Laughlin, Falbo, Levy & Moresi, LLP (Laughlin), a firm located in Fresno. The fees for Laughlin varied from $150 to $190 per hour depending on which attorney is assigned to the claim and the severity of the issues alleged in the workers' compensation claim, as well as IRS regulated mileage costs for travel to and from court appearances. Hanna Brophy has not increased their hourly rate of $135 per hour since 2004, and their offices are located in the same building as the Bakersfield Workers' Compensation Appeals Board, therefore we do not incur mileage charges for their court appearances. Due to proposed pricing and the historic high level of service received from Hanna Brophy, staff recommends approval of the agreement with Hanna Brophy in an amount not to exceed $160,000 per year, for a two year period, with an optional third year to be utilized at the City's discretion for the defense of workers' compensation litigation matters. AC MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: , 0. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: May 1, 2014 APPROVED DEPARTMENT HEAD 11 T CITY ATTORNEY V CITY MANAGER SUBJECT: Contract for legal services regarding water related matters with DUANE MORRIS, LLP for fiscal years 2014/2015 in the amount of One Million Dollars ($1,000,000), 2015/2016 in the amount of One Million One Hundred Twenty -Five Thousand Dollars ($1,125,000), 2016/2017 in the amount of One Million Five Hundred Thousand Dollars ($1,500,000). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Since 1999, the City Attorney's Office has outsourced water related cases, issues and matters to the law firm of Duane Morris, LLP. For the past three years, Duane Morris has been under a flat rate contract. The firm's representation of the City of Bakersfield has been excellent. Most recently, Colin Pearce succeeded in obtaining a judgment in the City's favor regarding water rights of unappropriated water in the Kern River. With water litigation being such a highly specialized field of law, the City Attorney's Office believes it is in the City's best interest to continue this relationship and renew the flat rate contract through fiscal year 2016/2017. Duane Morris will dedicate an additional attorney to matters involving the City upon renewal of the agreement. If approved, the agreement with Duane Morris will extend over the next three fiscal years through June 2017. The compensation remains the same in 2014/2015 at $1,000,000, and then increases in 2015/2016 to $1,125,000 and ending in 2016/2017 at $1,500,000. All water related matters assigned to Duane Morris will be covered under the agreed upon compensation — regardless of the number or the complexity. The City believes it may achieve a cost savings while retaining experienced counsel on a monthly flat rate basis. This arrangement will provide greater stability in calculating legal fees for water related cases, issues and matters. VG:oc S: \C0UNCIL \Admins \13 -14 Admins\ ATTAGR2014- 2015Thru2016- 2017DuaneMorris.Doc BA O� ccaroo, RS ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nick Fidler, Acting Public Works Director May 7, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Design Consultant Agreement with RRM Design Group ($515,030.00) for Engineering Design Services for the Sports Village Phase 3 Project. (Ward 6) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The State Farm Sports Village Project is located on a 220 -acre site on the north side of Taft Highway between Gosford Road and Ashe Road. Construction of amenities for Phases 1 and 2 of this multi - phased project are complete. Phases 1 and 2 amenities included soccer fields, lighting, concession stands, parking, roadways and underground utilities. Phase 3 of the State Farm Sports Village Project will include a principle soccer field for tournament events, sports lighting, roadway design, roadway connection to Taft Highway, passive areas, a pre- fabricated restroom, picnic areas, picnic shade structures, and expansion of the existing lined pond for purposes of landscape irrigation. The City issued a Request for Qualifications /Request for Fee Proposal (RFQ /RFP) for Engineering Design services for Phase 3 of the project. The consultant must have expertise in designing large -scale sports complexes and other sports related facilities. The following 11 firms responded to the RFQ: Meyer Civil Engineering (Bakersfield, CA) MIG (Fullerton, CA Quad Knopf (Bakersfield, CA) RJM Design Group (San Juan Capistrano, CA) RRM Design Group (San Luis Obispo, CA) A Z Architecture Studio (Santa Monica, CA Community Works Design Group (Riverside, CA) DeWalt Corporation (Bakersfield, CA) EPT Design (Pasadena, CA) Hirsch & Associates (Anaheim, CA) Klassen Corporation (Bakersfield, CA) Based on a review of their proposals, the Selection Committee, which consisted of staff from the Public Works and the Recreation/ Parks Department, invited the first five firms listed above to interview with the committee. The Selection Committee recommends award of the PW /Design Engineering /NSG /P4C131 May 13, 2014, 8:10AM GAGR0UPDAT \ADMINRPT \2014 \05 -21 \Sports Village Phase III -RRM Design Group.doc BA ADMINISTRATIVE REPORT � ,NY L� agreement to RRM Design Group based on their combination of qualifications and fee proposal being the most favorable to the City. Staff recommends approval of this agreement. Sufficient funds have been budgeted for award of this agreement. Capital Outlay Funds and Park Improvement Funds provide the funding sources for Phase 3 of the State Farm Sports Village Project. PW /Design Engineering /NSG /P4C131 May 13, 2014, 8:10AM G: \GROUPDAT \ADMINRPT \2014 \05 -21 \Sports Village Phase III -RRM Design Group.doc ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nick Fidler, Acting Public Works Director DEPARTMENT HEAD APPROVED May 7, 2014 CITY ATTORNEY CITY MANAGER Utility Agreement with AT &T ($282,199,14; Roads Program Utility /Surcharge Fund) for the relocation of overhead telecommunication facilities in advance of the State Route 178 Widening Project. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends approval of utility agreement, BACKGROUND: The State Route (SR) 178 Widening Project will widen SR -178 from Canteria Drive to east of Miramonte Drive, Various utility companies have existing facilities that will be relocated In conjunction with the construction of the project. When these utilities are located within existing utility company easements, the City must pay for their relocation, Many of these existing utilities, Including this AT &T telecommunication line, are currently overhead on poles, These facilities will either need new easements acquired for their relocation away from the roadway or, as in the case of this telecommunication line, will be undergrounded along their current alignment, This Agreement is funded with Traffic Impact Fees; therefore, there is no General Fund Impact. PWrrRIPlrRSR17 — KPB & TDW 519/2014 10:02 AM G: \GROUPDAT\ADMINRPT \2014 \05- 21\NTT Utility Agreement - SR -178 Widening REV2.docx �BA E ,}eoaeoe,he S ADMINISTRATIVE REPORT L/ MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: I fir, TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 13, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the Beltway Operational Improvements Project. (TRIP) (Ward 1, 2, 3, 6, and 7) RECOMMENDATION: Staff recommends approval of Cooperative Agreement. BACKGROUND: The Beltway Operational Improvements (BOI) Project consists of improvements that were originally part of the Centennial Corridor (SR -58 Connector) Project. These improvements were allowed to be carved out from the SR -58 Connector Project and use Beltway earmark funding to construct them early because they have independent utility, improve safety and operations within the SR -58 corridor, and require little to no right -of -way. Because of these factors, the Beltway Operational Improvements Project was able to use a separate, simpler environmental clearance process than that required for the SR -58 Connector Project. This environmental clearance process was completed by Caltrans earlier this year. Caltrans and the City have been working together on the final design, utility relocations, and other project related matters for the past several months pursuant to Cooperative Agreement No. 14 -028 which was approved by the City Council on March 5, 2014. The Project includes the following elements: • Braiding the southbound SR99 to eastbound SR58 branch connector with the South H Street off -ramp to eliminate the short, non - standard weaving length between the two interchange ramps; • Auxiliary lanes in advance of the eastbound SR58 off -ramp to Union Avenue and in advance of the westbound SR58 off -ramp to Chester Avenue; • Realignment and reconstruction of the Chester Avenue on -ramp to eastbound SR58 to accommodate a future ramp metering system; • Reconstruction of the Union Avenue off -ramp from eastbound SR58 to provide a second lane for storage and to accommodate an extra turn pocket; Tdw G: \GROUPDAT \ADMINRPT \2014 \05 -21 \Beltway Op-Imp Construction Coop Agr REV (3).doc ADMINISTRATIVE REPORT • Reconstruction of the Cottonwood Road off -ramp from eastbound SR58 to provide a second lane for storage and to accommodate an extra turn pocket; • Realignment and reconstruction of the Ming Avenue on -ramp to southbound SR99 to include a future ramp metering system; • Reconstruction of a portion of the Ming Avenue on -ramp to northbound SR99 to provide standard shoulder widths and improve an existing lane drop to meet current standards; and, • Construction of sound walls adjacent to residential areas along both sides of the SR58 corridor between SR99 and Cottonwood Road, and along northbound SR99 between the Belle Terrace overcrossing and SR58. • Widening of the off -ramp from southbound SR -99 to Rosedale Highway; As is typical for Cooperative Agreements with Caltrans, this Agreement outlines the responsibilities of both the City and Caltrans regarding the construction of the project. The City will fund the project, advertise for bids for construction of the project, award the construction contract to a contractor, and then oversee and administer the project construction. A Request for Qualifications (RFQ) for a construction manager (CM) who will assist TRIP staff in overseeing, inspecting, and testing the construction of the project is currently on- going; a CM will be selected and an agreement will be forth- coming to the City Council on a future agenda. Once the project is completed, Caltrans will accept the new project improvements on behalf of the State, and will then operate and maintain them. Execution of this Cooperative Agreement is required in order for the City to obtain from Caltrans the federal funds and encroachment permits necessary to move the project forward into construction. Advertising for bids for construction of the project should be occurring later this summer. Funding for the construction of the project is in the Proposed 2014 -15 Capital Improvement Program Budget. The project will be 80% federally funded with a 20% non - federal match. With the obligation of the federal funding for the construction of this project, nearly all of the Bakersfield Beltway System earmark will have been obligated and thus protected from future possible rescission. raw G: \GR0UPDAT \ADMINRPT \2014 \05 -21 \Beltway Op-Imp Construction Coop Agr REV (3).doc BAlk ADMINISTRATIVE REPORT U p LIFO MEETING DATE May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Art Chionello, Water Resources Manager DATE: May 8, 2014 APPROVED DEPARTMENT HEAD ae CITY ATTORNEY err CITY MANAGER SUBJECT: Agreement between City and Kern County Water Agency Improvement District No. 4 (not to exceed $385,000) for a supplemental dry year water supply. (Wards 4, 5, 6, and 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: On September 21, 2005, the City entered into a Water Supply Agreement with Improvement District No. 4 (ID4) to receive treated State Water Project (SWP) water from the Henry C. Garnett Water Treatment Plant. This 2005 Agreement anticipated that the source of water would originate as surface water from the SWP. During an average water year the City receives up to 6,500 acre -feet of treated SWP surface water in annual entitlement from ID4. Due to the extreme, ongoing drought conditions, this 6,500 acre -feet of SWP surface water is not available this year. Typically, the SWP surface water is used to supply residences and businesses within the City's Domestic Water Service area in Northwest Bakersfield. Absent the annual entitlement of SWP surface water or an alternate, adequate source, customers may experience potential service related issues during the peak of the hot summer months - including low pressure. Although surface water from the SWP is not available, there is banked SWP water available, which would require pumping to access. Because the 2005 agreement did not address banked SWP water and the associated pumping costs, the City must enter into a separate agreement to obtain the water. The proposed agreement includes an incremental cost of $75 per acre -foot to pump the banked SWP water, which is necessary to cover the extra electrical costs associated with operation of the pumps. Under the proposed agreement, it is estimated that approximately 5,000 acre -feet will be available as pumped SWP water, with the balance of the necessary 6,500 acre -feet being supplied by extra pumping of City domestic water wells. Staff is recommending that the term of the agreement run through December 31, 2014. If other City supplies become available during the term of the proposed agreement, the City will prioritize the use of those supplies over the use of the pumped SWP water. It is anticipated that this agreement would provide for an alternate, adequate water source which would prevent any service related issues to customers. jIM SA2014 ADMIN REPORTS \2014_5_21_Dry Year Supply Agreement.doc °KE�s� ADMINISTRATIVE REPORT r 0 1M IF It should be noted the City is currently undertaking projects which are anticipated to alleviate the need for a future similar Dry Year Agreement by increasing redundancy and supply to the impacted area. The planned installation of a water main as part of the Rosedale Highway Widening Project and bringing existing wells back online after installing water quality well head treatment is expected to provide for a long -term solution for these customers. As always, City staff is continually monitoring the Kern River runoff situation. Unfortunately, current data shows that we could experience one of the driest year on record for the Kern River watershed. Funds are available in the 2013/2014 fiscal year Water Resources operating budget. No General Fund monies will be used. Staff is recommending approval of the agreement. jlm SA2014 ADMIN REPORTS \2014_5_21_Dry Year Supply Agreement.doc BA ADMINISTRATIVE REPORT IF MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: 9.+. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nick Fidler, Acting Public Works Director DEPARTMENT HE) May 8, 2014 CITY ATTORNI CITY MANAG State Route 99 at Hosking Avenue Interchange Project (TRIP) (Ward 7) 1.) Approve Amendment No. 3 to Design Consultant Contract No. 07 -132 with Parsons Transportation Group Inc. ($251,838.70; for a revised total contract amount of $3,546,316.46) for additional Engineering Services for Final Plans, Specifications and Estimate (PS&E). 2.) Appropriate $252,000 additional traffic impact fee revenue to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of Amendment and Appropriation. BACKGROUND: This project will remove the existing two -lane overcrossing bridge and construct a new interchange with full access to and from State Route (SR) 99 at Hosking Avenue. This project will widen Hosking Avenue through the interchange area to six lanes, and install traffic signals at both the northbound and southbound off -ramps from SR -99. On April 25, 2007, the City entered into Agreement 07 -132 with Parson Transportation Group (Parsons) for Environmental and Engineering Services on the State Route 99 at Hosking Avenue Interchange Project. Amendment No. 1 to Agreement No. 07 -132 was approved by the City Council on January 13, 2010, and Amendment No. 2 to the Agreement was approved by the City Council on March 21, 2012. At the time the construction plans for this project were originally completed (late 2012) and accepted by the State Department of Transportation ( Caltrans), the City did not have the funds immediately available to go forward with construction of the project. The City is now proposing to include the funding to construct this project in the Fiscal Year 2014 -15 Capital Improvement Budget. However, since the time the plans were originally completed, Caltrans has updated their standard specifications as well as implemented new policies regarding landscaping in consideration of the current drought. Therefore, the City must revise the construction plans and specifications in order to meet current Caltrans requirements and obtain a permit from them to allow the project to be constructed. Amendment No. 3 to Agreement No. 07 -132 will allow Parsons to provide additional services to make these necessary revisions. Tdw: G: \GROUPDAT\ADMINRPT \2014 \05- 21\Amend 3 Parson Hosking -SR99 Admin REV.doc BA QFo� op S ADMINISTRATIVE REPORT LF MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: May 7, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 3, 6, 12, 15 and 16 to Agreement No. 13 -118 with Granite Construction ($242,502.20 for a revised not to exceed amount of $25,775,979.29; change order funded with Federal Earmark Funds {88.53 %} and Capital Outlay Utility /Roads Fund {11.47 %)) for the State Route 178 and Morning Drive Interchange Project (TRIP) (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route 178 (SR -178) at Morning Drive and the extension of the SR -178 freeway for one and a half miles, from just east of the Fairfax Road overcrossing to Canteria Drive /Bedford Green Drive. Change Order No. 3 provides for the elimination of night work and freeway closures that were initially shown to be necessary to construct the detour pavement at the west end of the project on SR -178 near Fairfax Road. Caltrans, the construction manager, the contractor and the project designer worked together to develop a revised traffic handling plan for this area that would allow the Contractor to construct the detour pavement behind k -rail during daylight hours, allow SR -178 traffic to be maintained without the need for closing the freeway and implementing a circuitous nighttime detour, and eliminate nighttime nuisance and noise to nearby residences. With this change, there will also be a savings of approximately $15,000 by eliminating the need for COZEEP personnel (California Highway Patrol personnel) to be present during construction, and which the City would have had to have paid for. This change order results in a net increase of $21,870.65. Change Order No. 6 provides for the implementation of a traffic handling plan for SR -178 traffic that was needed to accommodate construction of pavement at the east end of the project near Canteria Drive. While most of the SR -178 freeway is asphalt pavement, Caltrans required that concrete pavement be placed for SR -178 eastbound traffic just prior to the Canteria Road intersection; this is done to prevent distress to this pavement that would have normally occurred had it been asphalt pavement, but it also complicated the construction in this area. The bid plans and specifications approved by Caltrans provided some general guidelines for construction of the pavement in this area, but did not provide specific details or outline how traffic movement would be maintained during this construction. The contractor KPB: TDW: C:\ Users \glorenzi \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \Admin Rpt CCO 3- 6- 12 -15 -16 Morning Drive Project REV1.doc ADMINISTRATIVE REPORT began working with Caltrans, the construction manager, and the project designer late last year to ascertain how this area could be safely constructed while still maintaining traffic on SR- 178. After several months of discussions and design proposals, a plan was developed which was approved by Caltrans that provided for a safe working area for the contractor while at the same time provided a safe and smooth path for maintaining SR -178 traffic. The plan required traffic in the westbound direction to be temporarily shifted north, which results in additional embankment needing to be placed along the north side of the roadway in this area. The plan also required traffic in the eastbound direction to be temporarily shifted south, which results in requiring temporary modifications to the traffic signal at the Canteria Drive intersection. And both of these modifications result in the need for additional k -rail and temporary pavement delineation not originally shown on the plans. However, this plan and resultant modifications also allows for some additional concrete pavement, which would have had to have been constructed with the future SR -178 Widening Project, to instead be constructed now which will result in a cheaper price for the future Widening Project and will also result in fewer impacts to SR -178 traffic when that project is constructed. This change order results in a net increase of $126,106.50. Change Order No. 12 provides for miscellaneous modifications to the temporary bypass that detours SR -178 traffic around the Morning Drive bridge construction site. Upon the Contractor grading the temporary bypass in accordance with the plans the Design Section of Caltrans previously approved, Caltrans construction staff raised concerns about the safety of the detour roadway. Caltrans construction staff requested some modifications to the banking of the curves through the bypass, as well as adding some extra signage and pavement delineation. While the initially designed bypass met Caltrans Standards, the revisions did provide enhanced safety and improvement to the bypass, which will be used by SR -178 traffic for up to a year while the Morning Drive Bridge is constructed. This change order results in a net increase of $46,501.20. Change Order No. 15 provides for a video detection camera that will be used temporarily at the intersection of SR -178 and Canteria Drive. This camera will help facilitate the traffic flow at the intersection during the various stages of work. As Caltrans does not use video detection for their permanent traffic signal systems, upon completion of the project, this camera will become the property of the City. And as this camera meets City specifications, it will either then be used as a replacement, or will be incorporated into a future traffic signal project. This change order results in a net increase of $14,700.00. Change Order No. 16 provides for additional costs associated with a Caltrans requirement to eliminate temporary water storage ponds from the project construction site. Due to the amount of earthwork on this project and the type of soil (fine grained), the contractor intended to use large temporary water storage ponds to provide an adequate water supply for dust control and earthwork compaction purposes. However, after the project started construction and temporary ponds were constructed, Caltrans Biologist staff inspected the construction site and required the removal of the ponds due to endangered species concerns (Kit Fox). As a result, the Contractor has to rent large water storage tanks that they had not originally planned for in order to provide an adequate water supply to address dust control and soil compaction needs. These tanks are more costly to rent and maintain as compared to the temporary water storage ponds they had originally planned to use. The contractor KPB: TDW: C:\ Users \glorenzi \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \Admin Rpt CCO 3- 6- 12 -15 -16 Morning Drive Project REV1.doc ADMINISTRATIVE REPORT claimed that temporary water storage ponds are a common practice for construction jobs this size, and that it was reasonable for them to assume they would be allowed when they bid the project. This claim by the contractor was also supported by the Dispute Resolution Board assembled for the project. This change order results in a net increase of $33,325.00. The net cost increase of Change Order No. 3, 6, 12, 15 and 16 is $242,502.59. This provides a total cost increase of $323,927.79 which is a 1.27% increase as illustrated below: • Current Contract Amount = $25,452,051.50 • Previous Change Orders = $ 81,425.59 • Current Change Order No. 3,6,12,15,16 = $ 242,502.20 • Amended Contract Agreement after CCOs = $25,775,979.29 Net Increase to date = $ 323,927.79 Adequate local /federal funds have been previously budgeted to cover these additional costs. Project construction is currently about 30 percent complete. It should also be noted that the project bid amount of $25.4 million was $6 million less that the engineer's estimate and planned budget amount of $31.4 million. KPB: TDW: C:\ Users \glorenzi \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \Admin Rpt CCO 3- 6- 12 -15 -16 Morning Drive Project REV Ldoc MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 7, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Berchtold Equipment Company, Bakersfield, in the amount of $210,006.94 for three (3) replacement backhoe loaders with industrial flat decks for use by the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the purchase of backhoe loaders with industrial flat decks. Three (3) bids were received in response to solicitation. Funds are budgeted in the Equipment Management Fund for the purchase of three (3) replacement backhoe loaders. The Streets Division uses backhoe loaders for excavation of concrete related to curb and gutter installation and for repairing and installing sewer and storm lines. Additional information regarding a history of each piece of equipment proposed for replacement is attached for review. The three (3) bids received are as follows. BIDDER AMOUNT MAKE /MODEL BID Berchtold Equipment $210,006.94 New Holland B95C Bakersfield, CA Sequoia Equipment Co., Inc. $214,864.75 Case 580SN Fresno, CA Coastline Equipment $224,772.83 John Deere 310SK Bakersfield, CA Staff finds the bid submitted by Berchtold Equipment, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 13- 14\13ackhoe Loaders, Industrial Flat Deck, 13- 14 -79, May 21, 2014.docu May 7, 2014 AMdRJhL Yew and Model 4277 2008 JCB Backhoe- Loader 4443 2008 JCB Backhoe- Loader CondIllon High usage hours (4,252 hours). The local dealer has moved out of town and parts take as long as one month to receive. We have replaced 3 safety stabilizers that have broken while in use which is unsafe. Over the last four years repair and maintenance costs has - risen. High usage hours (3,415 hours). The local - dealer has moved out of town and parts take as long as one month to receive. We have replaced 3 safety stabilizers that have broken while in use which is unsafe. Over the last four years repair and maintenance costs has risen. 4158 1997 Caterpillar Backhoe Loader High usage hours (6,990 hours). Over the last six years repair and maintenance costs have doubled. This is a tier 0 engine which does not meet current Air Resources Board regulations. MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: 9. W TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director May 13, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bid and approve contract to Pacific West Sound ($73,950.51) for an audio system upgrade at the Rabobank Theater. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for an audio system upgrade at the Rabobank Theater. This project was bid as a non - prevailing wage project. Three (3) bids were received in response to the solicitation. The current sound system is underpowered. There is also no low end in the system. The additional amplifiers and subwoofers included in the upgrade will enhance the offerings to incoming events, providing a more robust sound. This upgrade will also lower the cost for incoming events for rental equipment required to produce an event. Revenue can be enhanced due to lower overall vendor costs resulting in more bookings. The three (3) bids received are as follows: Bidder Bid Amount Pacific West Sound, Bakersfield, CA $ 73,950.51 Guitar Center, Bakersfield, CA $112,955.38 ATK Services, Valencia, CA $126,060.46 Funds in the amount of $84,000 are budgeted in the Capital Outlay Fund for this project. Staff finds the low bid submitted by Pacific West Sound to be acceptable and recommends approval of the contract in the amount of $73,950.51. Purchasing Division/kb S:\PURCH\ADMIN\Admin 13 -14 \Theater Audio Upgrade at Rabobank Arena, 13- 14-78, May 21, 2014.docx BA U p ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD DATE: May 13, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Sterndahl Enterprises, Inc. ($60,744.30) for Bike Lane Improvements on Akers Road from McKee Road to Wilson Road - Phase 1 (Wards 6, 7 & County). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: The City was awarded a total of $223,200 in Transportation Development Act Article 3 funds by Kern Council of Governments (Kern COG) for bike lane improvements on Akers Road from McKee Road to Wilson Road. Kern COG informed the City the funds are available over two fiscal years (2013 -2014 and 2014 - 2015). As a result, Design Engineering Division staff identified two phases of the project to be undertaken over the two fiscal years. Phasing of the project allows staff to begin improvements to existing right -of -way where the street is constructed to full width in the current fiscal year (Phase 1). Phase 2, which is anticipated to be awarded in December 2014, will utilize the remainder of the Kern COG funding to widening an unimproved section of Akers Road to accommodate bike lanes and make bike lane improvements between Planz Road to Wilson Road. Capital Outlay funds will provide the 10% local match requirement. Phase 1 of this project will install bike lanes including striping, markings, bike detector loops, and roadside signs on Akers Road from McKee Road to De Ette Avenue and from White Lane to Planz Road. The Engineer's Estimate for Phase 1 was $60,400. Sufficient funds are budgeted for award of this project. This project is subject to prevailing wage requirements. On April 17, 2014, a total of five bids were received; all of which are acceptable. The acceptable bids are as follows: Sterndahl Enterprises Inc. 11861 Branford St. Sun Valley, CA 91352 Central Striping Service, Inc. 3489 Luyung Dr. Rancho Cordova, CA 95742 in the amount of $60,744.30 in the amount of $69,942.25 DP PW /Design Engineering 5/14/2014 2:31 PM G: \GROUPDAT \ADMINRPT \2014 \05- 21 \T4K223 Akers I Bike Lane Admin.docx ADMINISTRATIVE REPORT Chrisp Company 43650 Osgood Rd Fremont, CA 94539 Safety Striping Service, Inc. 6868 Avenue 305 Goshen, CA 93227 PCI 1105 E. Hill St. Long Beach, CA 90806 in the amount of $70,289.10 in the amount of $72,137.40 in the amount of $75,230.10 Staff finds the low bid submitted by Sterndahl Enterprises Inc. to be acceptable and recommends approval of the contract in the amount of $60,744.30. DP PW /Design Engineering /NSG/T3K205 5/14/2014 2:31 PM G: \GROUPDATWDMINRPT \2014 \05- 21 \T4K223 Akers I Bike Lane Admin.docx MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD Vy DATE: May 6, 2014 CITY ATTORNEY CITY MANAGER - SUBJECT: Accept bid and approve contract with Loop Electric Inc. ($172,723.35) for Traffic Signal and Lighting Installation at the Intersection of Old Farm Road and Olive Drive (Ward 4) RECOMMENDATION: Staff recommends acceptance of bid, and approval of contract. BACKGROUND: This project consists of installing a complete traffic signal and lighting system; modifying pavement markings, striping, and existing median nose; and reconstructing access ramps to meet current American with Disabilities Act (ADA) requirements. This project will be funded by Transportation Development Funds (TDF). This project is exempt from prevailing wage requirements since TDF revenue is a local funding source. The Engineer's Estimate for the project is $160,000. On April 29, 2014, a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Loop Electric, Inc. 7040 Downing Avenue Bakersfield, CA 93308 (County) A -C Electric Company 315 30th Street Bakersfield, CA 93301 (County) PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92504 in the amount of $172,723.35 in the amount of $205,085.40 in the amount of $229,222.00 Sufficient funds are budgeted to award the project. Since the project is totally funded by TDF revenue, there is no General Fund impact associated with this project. kb PW /Design Engineering/T21K213 5/6/2014 1:35 PM G:\GROUPDATWDMINRPT\2014 \05 -21 \TS Old Farm Road at Olive Drive.docx Q�y B 014 c RM ADMINISTRATIVE REPORT IF O MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: g, z. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nick Fidler, Acting Public Works Director May 5, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY inor CITY MANAGER Aff Dedication of freeway right of way to Caltrans on the north side of Taft Highway from Gosford Road to Ashe Road. (Wardb) RECOMMENDATION: Staff recommends approval of dedication of right of way. BACKGROUND: The City widened the north side of Taft Highway (State Route 1 19) to full width from Gosford Road to Ashe Road as part of the requirements for the Wastewater Treatment Plant No. 3 and State Farm Sports Village projects. Since the street improvements are now completed, the right of way must be dedicated to Caltrans since State Route 119 is within Caltrans' jurisdiction. Attached is the grant deed, which dedicates the right of way to Caltrans. This grant deed will be recorded with the Kern County Recorder's Office upon Council approval. PW /Design Engineering /NSG /E8K102 May 6, 2014, 10:15AM G: \GROUPDAT \ADMINRPT \2014 \05- 21\Taft Highway RW Dedication.doc MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: g. a q . TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DATE: May 9, 2014 DEPARTMENT HEAD VG CITY ATTORNEY 14 CITY MANAGER SUBJECT: Repeal of City Council Approval for Staff Support and Technology Funding RECOMMENDATION: Staff recommends repealing City Council's action in 2001 which extended staff support and technology funding to City Councilmembers. BACKGROUND: At the September 5, 2001 regular City Council meeting, there was an agenda item and discussion concerning extending staff support and technology funding for members of the City Council. Ultimately, City Council voted 6 -1, with Councilmember Hanson dissenting, to allow Councilmembers the option of obtaining City equipment or receiving an allowance to cover the cost of computers, fax or printer machines, and cellular phones in relation to their City duties. Staff developed a form to implement Council's direction (see attached Administrative Report, Minutes, and Staff form). Since that time, the sophistication and use of personal devices has increased, liability concerns continue, and from a practical perspective, Council has not relied on the staff support and technology option. Moreover, given the recent conclusion in the case of City of San Jose v. Superior Court, which deals with personal electronic devices and their subjectivity to the California Public Records Act, it is recommended that the City Council repeal its 2001 action. TG:Isc S: \C0UNCIL \Admins \13 -14 Admins \RepeolAppTechFunding.docx A 0� u ADMINISTRATIVE REPORT MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: . lob. TO: Honorable Mayor and City Council jA�PPROVED FROM: Andrew Heglund, Deputy City Attorney DEPARTMENT HEAD �!'A DATE: May 9, 2014 CITY ATTORNEY At+ CITY MANAGER SUBJECT: Settlement approval in the matter of City of Bakersfield v. Anthony C. Evans and Carol Ross Evans, etc., et al. related to the acquisition of property for the SR 178 /Morning Drive interchange TRIP project ($85,000). (Ward 3) RECOMMENDATION: Staff recommends approval of the settlement. BACKGROUND: On May 23, 2012, the City Council adopted a Resolution of Necessity establishing the public need and necessity to acquire 2.824 acres of undeveloped, vacant property owned by Anthony and Carol Evans and Ken and Sylvia Koss for a drainage basin necessary for the SR 178 /Morning Drive Interchange Project. On July 6, 2012, the City Attorney's Office filed an eminent domain complaint in Kern County Superior Court. At the property owners' request, the court transferred the case to the Los Angeles Superior Court. They also challenged the City's justification for acquiring the property through eminent domain. On September 16, 2013, the City Attorney's Office successfully defeated the challenge and secured possession of the property, leaving only the amount of compensation the City would pay for the property to be acquired to be determined through a jury trial. On May 2, 2014, the parties participated in a mandatory settlement conference where they agreed to settle the matter, subject to City Council approval, for $85,000, in addition to reassurances that City staff will work with the property owners in evaluating current zoning parameters and whether their existing tentative map can be preserved. The Stipulation re Settlement that outlines the settlement as negotiated is attached for reference. Staff recommends that the Council approve the settlement and direct staff to take the necessary steps to bring this matter to a close. AH /vl S: \COUNCIL \Admins\ 13 -14 Admins \Evans.Settlement.docx MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: May 14, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: 2014 City Council Goals Update Phase 2: Additional Proposed Revisions Requested by City Councilmembers RECOMMENDATION: Staff recommends Council determination regarding the proposed updates and adoption of the City Council Goals for 2014. BACKGROUND: At the March 19, 2014 City Council meeting, staff presented a summary of the City Council Goals Accomplishments for 2013 and provided an updated version of the Goals document with staff updates, most of which are minor and /or technical changes. Following the staff presentation, Councilmembers Rivera, Smith, and Johnson made comments and requested several additional revisions to be included in the Goals document for Council consideration. Staff subsequently met with each of them to discuss further clarification of their requests. An updated draft version of the City Council Goals for 2014 was presented to the City Council on May 7, 2014, and included revisions proposed by Councilmembers Rivera, Smith, and Johnson, in addition to the staff updates previously submitted to the Council on March 19, 2014. Additional updates have been requested by Vice -Mayor Weir and Councilmember Johnson, as follows: Revision requested by Vice -Mayor Weir: Goal #7 - 7.1, Revised Target Action #3. (Page 13); Revisions requested by Councilmember Johnson: Goal # 1 - 1.2, New Target Action #2 (Page 1); Goal #4 - 4.2, New Target Action #6 (Page 9). The City Council Goals provide policy guidance to staff for budgetary and program implementation. If the suggested revisions submitted by Councilmembers are determined to be appropriate, staff recommends adoption of the updated 2014 Goals Document at the May 21, 2014 City Council meeting. rks Admin- CityCoundl- 2014GoalsUpdate -Phase 2 - Review Second Requests - Councilmember Revisions- 052114.doc B A K •S�� U ADMINISTRATIVE REPORT r � O CgrW�ir ,�I MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar ITEM: g, cid. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA _ DATE: May 8, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file successor agency payments from April 25, 2014 to May 8, 2014 in the amount of $7,217.36 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months for approval. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency. A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #590311 to Brown & Fowler Construction for $421.67 is a payment for work performed in completion of the Sister City Garden Phase B project. Payment approved as ROPS line item #29. Check #590329 to Construction Protective Services for $6,556.78 is a payment for security services at Creekview Villas. Payment funded with Successor Housing Agency program income. Wire transfer #9992405 to Bank of America for a credit card charge of $238.91 for Successor Agency administrative expense to the Bakersfield Californian for a public hearing notice of the Oversight Board. Payment approved as ROPS line item #5. SADawn `RAdmin - Council\2014 \COUNCIL- ADMIN- SA- 2014\ADMIN —SA 05- 21- 14.doc MEETING DATE: May 21, 2014 AGENDA SECTION: Reports ITEM: I , TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 2, 2014 SUBJECT: Department Budget Presentations Public Works APPROVED DEPARTMENT HEAD CITY ATTORNEY v CITY MANAGER BACKGROUND: Staff from the Public Works Department will provide a detailed overview of their FY 2014 -15 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. The Public Works Department will also provide an overview of the FY 2014 -15 Capital Improvement Program. AT:ch:al 5/14/14 C:\ Users \alawrenc \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \UOW8QKOX \Budget Presentation 05 21 14 - PW.docx A ytoW44 ADMINISTRATIVE REPORT M,♦ !FO MEETING DATE: May 21, 2014 AGENDA SECTION: Reports ITEM: tj . b. TO: Honorable Mayor and City Council FROM: Nick Fidler, Acting Public Works Director DATE: April 30, 2014 SUBJECT: Freeway Litter Program (city- wide): 1. Report on freeway litter program. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 2. Memorandum of Agreement with Kern Council of Governments ($150,000) to provide continuation of funding for freeway litter program for Fiscal Year 2014/15. 3. Amendment No. 2 to Agreement No. 13 -072 with the Bakersfield Homeless Center ($150,000; revised not to exceed $840,640) for litter removal services. 4. Appropriate $150,000 Other Agency Share of Project Costs to the Public Works Department's operating budget within the Refuse Fund to provide funding for the Program. RECOMMENDATION: Staff recommends approval of Memorandum of Agreement (MOA) with Kern COG, Amendment No. 2 with Bakersfield Homeless Center, and appropriation of funds. BACKGROUND: Staff will provide a presentation regarding the City's nationally recognized Freeway Litter Program. In addition, this Administrative Report includes three action items relating to the Kern Council of Governments (Kern COG) recent $150,000 commitment to the Program for FY 14/15. On May 1, 2013, Council adopted the Freeway Litter Program and approved agreements with the Bakersfield Homeless Center (BHC), Caltrans, and Kern COG relating to the Freeway Litter Program. BHC crews perform the litter removal work, with Caltrans and Kern COG providing the funding. The current MOU (Agreement No. 13 -129) with Kern COG provided for $100,000 of funding for FY 13/14. The proposed MOA with Kern COG on tonight's agenda provides $150,000 of funding for FY 14/15. Due to the success of the program, Kern COG has increased funding for this program. Kb May 7, 2014, 3:35PM G:\GROUPDAT\ADMINRPT\2014\05-21\admin report - Kern COG MOU - revision 2.doc ADMINISTRATIVE REPORT At the April 16, 2014 City Council meeting, Amendment No. 1 to Agreement No. 13 -072 with the BHC was approved which extended the Agreement's term for an additional year and increased the compensation to include funding commitments (Caltrans and sponsorships) that were known as of April 16th. With Kern COG's $150,000 commitment for FY 14/15, a corresponding amendment is needed to the BHC agreement to reflect this new funding source. Therefore, Amendment No. 2 to Agreement No. 13 -072 is also included on tonight's agenda for council consideration. Staff recommends approval of the: • MOA with Kern COG adding $150,000 of funding for freeway litter removal services for FY 14/15; • Amendment No. 2 with BHC increasing the compensation by $150,000 to reflect this new funding source; and Appropriation of the $150,000 in additional operating budget within the Refuse Fund. funding to the Public Works Department's The City does not incur costs for these litter removal services on state freeways. Kb May 7, 2014, 3:35PM G: \GROUPDATADMINRPT \2014 \05 -21 \admin report - Kern COG MOU - revision 2.doc MEETING DATE: May 21, 2014 AGENDA SECTION: Deferred Business ITEM: 12— CL. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD ' DATE: May 6, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinances amending the text of the Bakersfield Municipal Code, specifically Chapter 17.10 (One - Family Dwelling Zone) and Section 16.28.170 (Subdivision Lot Design Standards) creating a new R -1 -4.5 zone district (Small Lot One - Family Dwelling - 4,500- square foot lot minimum) with related changes to the front and rear building setback requirements, and subdivision lot design standards. (All Wards) RECOMMENDATION: Staff recommends adoption of the ordinances. BACKGROUND: First reading of the ordinances was given on March 19, 2014. Since some Councilmembers would not be present for the April 16, 2014 meeting, Councilmember Maxwell requested that the ordinances come back in May for second reading with a brief presentation by staff before the full Council. At the City Council meeting of July 17, 2013, Councilmember Smith referred a proposal to the Planning and Development Committee concerning General Plan designations and zoning consistency. Staff followed up with multiple meetings with Councilmember Smith who provided further guidance regarding how can the City allow smaller single - family lots (less than 6,000 square feet) without a developer having to request a general plan amendment and zone change to multiple - family? At present, there are only two ways to allow a subdivision with single - family lots less than 6,000 square feet in area: 1) Change zoning to R -2 (Limited Multiple Family Dwelling) • Most commonly used procedure to create a small lot subdivision. • Allows 4,500- square foot single - family lots by right. May 6, 2014, 10:32AM JGE: S:\ Dana \ADMINS\ 2014\ MAY \5 -21- Adoption of Ord Amending Text -Chap 17.docx ADMINISTRATIVE REPORT • Only a subdivision map is required to create the lots. • No architectural design requirements other than typical zoning standards. • Also allows multiple - family uses (i.e. apartments) by right so in developed areas re- zonings can be contentious. • There is no assurance a detached single - family product will be built. 2) Change zoning to PUD (Planned Unit Development) • Less commonly used procedure. • In addition to a subdivision map, the developer must also provide a specific development plan, architectural renderings of their housing product, and a landscape plan as part of their application. • Can assure that only a single - family development be built. • Holds current and future developers to the specific development plan and architectural design standards as originally proposed. • Significant design changes require a new zone change and public hearing. • Adds significant time and costs to the development process. A third option, recommended by staff and supported by the Planning Commission, would provide an opportunity to create lots less than 6,000 square feet but retain a single - family zone: • Create a new R -1 -4.5 zone with a 4,500- square foot minimum lot area. • Only a subdivision map is required to create the lots. • No special architectural design requirements; homes would just meet typical single - family zoning standards. • Only single - family uses consistent with the R -1 zone would be allowed; no multiple - family developments would be permitted. • Would require a zone change and public hearing to place this zone designation on a property (maps would show the property zoned as "R- 1- 4.5 "), thereby providing an opportunity for community input before allowing smaller lots. • This new zone district will also requires text changes to the subdivision ordinance related to lot dimensions and would apply to all new parcels less than 6,000 square feet in area rather than refer to just those parcels zoned R -2. This is necessary so that the smaller lots can actually be created in the new R -1 -4.5 zone. (Note: For all three options previously noted, a General Plan designation of LMR (Low Medium Density) would be required. Most existing R -1 areas carry a General Plan designation of LR (Low Density) and a General Plan amendment would be required in such cases). The recommended third option would not be in conflict with the General Plan and opens up the ability for small -lot subdivisions to occur without having to rezone property to an R -2 multiple - family zone. Although a zone change would still be required to allow for public input, if approved, the resulting product would be limited to detached single - family homes. Furthermore, it removes the potential of a multiple - family use being allowed without first obtaining a general May 6, 2014, 10:32AM JGE: S:\Dana\ADMINS \2014\ MAY \5 -2I- Adoption of Ord Amending Text -Chap 17.docx ADMINISTRATIVE REPORT plan amendment and zone change if the property owner chose not to develop a small lot single - family product. Staff presented the new R -1 -4.5 zone to the Council's Planning and Development Committee on February 4, 2014. The Committee was in favor of creating this new zone district and directed staff to take the proposal before the Planning Commission for public input. The Committee further directed staff to include language to reduce the front and rear building setbacks in this new zone. Staff has proposed matching the R -2 zone's small lot setbacks for consistency (i.e. 15 -foot front yard and 20 -foot setback for the garage (only) if its opening faced a street; 5 -foot side yard; and 5 -foot rear yard). The Planning Commission considered these amendments at their meeting of February 20, 2014. The Kern County Home Builders Association commented in support of the change, noting that this new zone would provide flexibility in the market and help address State climate change requirements. Three individuals spoke in opposition. Although they supported creation of the new zone, they objected to staff's proposal to change the R -1 rear yard setback. However, staff provided an alternative to leave the R -1 rear yard regulation unchanged and instead added a separate subsection to apply only to the new R -1 -4.5 zone. This was found to be acceptable and the Commission unanimously recommended approval of the proposed ordinance amendments. This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility that adoption of the proposed ordinance text amendments will have a significant effect on the environment. These changes are to existing ordinance regulations specific to lot size and related setbacks, and only provide the opportunity to create smaller single family lots; environmental effects would be evaluated at the time this new zone district is applied to property and a specific development is proposed. May 6, 2014, 10:32AM JGE: S: \Dona \ADMINS \2014 \MA (\5 -2I.- Adoption of Ord Amending Text -Chop 17.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 7, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Councilmembers Rivera, Maxwell, Hanson, Sullivan, Johnson Absent: Mayor Hall, Councilmember Hanson, Councilmember Sullivan City Clerk Gafford announced that Workshops item 5.a. will be moved forward on the agenda, after Public Statements. 2. PUBLIC STATEMENTS None. 5. WORKSHOPS a. 2014 Council Goals Update Phase 2: Proposed Revisions Requested by City Councilmembers. Assistant to the City Manager Smiley made staff comments and provided a PowerPoint presentation. Councilmember Maxwell stated that the Council Goals as presented, appeared like an extension of the goals the Council has had in the past; he suggested there be three goals total, with one major and two minor goals: (1) Public Safety as the major goal, with a subtitle to improve the relationship and morale in the Police Department; (2) One minor goal of business growth and job creation; (3) A secondary minor goal of community focus, focusing on matters such as improvements on the litter situation and homelessness; and suggested that the Council attend a presentation with a guest speaker on how to set goals for Individual wards and for the City. ACTION TAKEN Bakersfield, California, May 7, 2014 - Page 2 5. WORKSHOPS continued Councilmember Johnson asked that the following adjustments be made to the Council Goals: (1) To make it a target action to meet hiring and recruitment goals to ensure that all vacant positions in the Police Department are filled (2) Possibly consider removing, or revising, the goal for the completion of the Creekview Villas as this project does not appear to have an end in sight (3) Goal 4.2 on page 9, add a goal to actively promote water conservation to the residents of Bakersfield. Councilmember Rivera thanked Ms. Smiley for all of her work on the Council Goals; he stated he agreed with Councilmember Maxwell's suggestion to come up with a smaller set of goals; he would like to see the Bakersfield Municipal Airport, and the Neighborhood Watch Program stand out in the goals more; and also feels that a workshop with a presentation on how to set goals is a good idea. Vice -Mayor Weir asked that the following wording be added to Goal number 7: "To take full advantage of any and all opportunities to reduce or eliminate unfunded liabilities. " City Manager Tandy stated he would like to remind the Council that the Creekview Villas and Millcreek Courtyard projects are mandated projects as a result of the Proposition 1 C loan, and they must be completed in order to avoid a potential $11.5 million claim from the State agency that gave the City the grant; and reassured that these projects are on the verge of completion. Assistant to the City Manager Smiley advised the Goals will be brought back at the May 21, 2014 City Council meeting with the revisions that were requested. 3. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. 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 3:54 p.m. Motion by Councilmember Maxwell to adjourn from Closed Session at 4:12 p.m. ACTION TAKEN Bakersfield, California, May 7, 2014 - Page 3 4. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Labor Negotiator pursuant to NO REPORTABLE Government Code Section 54957.6. ACTION b. Conference with Legal Counsel - Initiation of NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code Section 54956.9 (d) (4). (one potential case). 5. WORKSHOPS a. 2014 Council Goals Update Phase 2: Proposed ITEM WAS MOVED Revisions Requested by City Councilmembers. FORWARD ON AGENDA 6. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:19 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield REGULAR MEETING -5:15 p.m. i�10144[on, " Present: Mayor Hall, Councilmembers Rivera, Maxwell, Hanson, Sullivan, Johnson Absent: Councilmembers Hanson, Sullivan 2. INVOCATION by Rabbi Schlanger, Chabad of Bakersfield. Bakersfield, California, May 7, 2014 - Page 4 3. PLEDGE OF ALLEGIANCE by Andres Nevarez, 31d grade ACTION TAKEN student at Our Lady of Guadalupe School. Mayor Hall announced that an incorrect notice was sent from the Water Resources Department to the Olcese Water District; the notification advised that all deliveries of water were to stop on May 5th for the Rio Bravo Golf Course and surrounding areas; he stated the information was inaccurate and the notification should not have been sent; that the Water Resources Manager confirmed that all deliveries will continue uninterrupted; and he apologized for the error and any inconvenience this may have caused. City Clerk Gafford announced that Consent Calendar items 8c. and 8r. are being pulled at the request of staff. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Dee Ann Graham, American Legion Post 26 President, and Delores Ryan, Post Parliamentarian, declaring May 2014, Poppy Month. Ms. Graham accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Certificates of Appreciation to Isaiah Crompton, representing Stop the Violence, and Sean Battle, representing Garden Pathways, for litter cleanup efforts performed in Wards 1 and 2. Mr. Crompton and Mr. Battle accepted the Certificates and made comments. C. Presentation by Mayor Hall of a retirement plaque and gift certificate to Henry Estrada. Mr. Estrada accepted the Plaque and made comments. d. Presentation by David Womack, Kaiser Permanente representative, of a check for $35,000 to Mayor Hall for the purpose of funding Operation Splash (swimming lesson subsidy), at four city pools for the 2014 season. Mayor Hall and Recreation and Parks Director Hoover accepted the check and made comments. Bakersfield, California, May 7, 2014 — Page 5 5. PUBLIC STATEMENTS ACTION TAKEN a. The following individuals spoke in opposition of the recent action the High Speed Rail Authority took to certify the Final EIR for the Fresno to Bakersfield track: Bill Descary; Carol Bender (submitted written material); Anil Mehta; and Michael Kennedy, Principal of Bethel Christian School. b. Marvin Dean thanked Mayor Hall, Councilmember Rivera, Community Development Director Mclsaac, and Planning Director Eggert, for attending the 7th Annual Public Contracting Expo; he also thanked Councilmember Maxwell and Planning Director Eggert for their attendance at the High Speed Rail meeting in Fresno; and stated he is in support of the High Speed Rail. C. Bryan Burrow, President and CEO of the Bakersfield Symphony Orchestra, extended an invitation to their final season concert on Saturday, May l Oth at 7:30 p.m. at the Rabobank Theater; he stated it will be Maestro John Farrer's last concert, after serving 39 years with the Bakersfield Symphony Orchestra and they will be acknowledging his accomplishments, and contributions to the community, with a reception following the concert. d. Cynthia Pollard, with Greater Bakersfield Chamber of Commerce, gave recognition to another graduating class from the Chamber's Youth Leadership Bakersfield program; this program allows students to be exposed to various subjects including: agriculture, ethics and leadership, government, health, and human services; she expressed gratitude to Mayor Hall for his presentation to the class during the leadership and ethics day; and thanked Chief Williamson for the presentations given regarding law enforcement and career opportunities, SWAT Team, Bomb Squad, Canine Unit, and the Police Pistol Range; and submitted written material. Bakersfield, California, May 7, 2014 - Page 6 5. PUBLIC STATEMENTS continued ACTION TAKEN e. Michelle Newell, representing Aera Energy, stated they are excited to be a sponsor and a proud participant in the Chamber of Commerce Youth Leadership Bakersfield because it gives them an opportunity to help impact the future leaders of this community and be a part of their learning experience. f. Liz Keogh spoke regarding a voucher program for spaying and neutering dogs and asked the City allocate money from the current fiscal year budget for the vouchers; and suggested this item be referred to the Budget and Finance Committee. Councilmember Rivera asked that Ms. Keogh's suggestion for a voucher program, be referred to the next Budget and Finance Committee meeting. g. Wayne Miles spoke regarding an issue his neighborhood near McKee Road has been experiencing with GIC Transport; he stated that trucks are constantly speeding on McKee Road and the noise and smell coming from their yard is a nuisance to residents in their neighborhood; he asked that the City address these issues; and submitted written material. Councilmember Johnson thanked Mr. Miles for sharing his concerns and referred this item to the City Attorney's office; he would like the City Attorney to look into ways to help facilitate the removal of this nuisance from the neighborhood. h. Mark Caputo, a resident from Westpark neighborhood, spoke in opposition to the Centennial Corridor project; he stated that it should have been put to the vote of the citizens of Bakersfield; that an offer has been presented to the City Attorney and he recommend it be put on the Agenda for the May 21 st City Council meeting. Councilmember Maxwell directed the City Attorney to follow up on the offer from Westpark and then bring it back to the City Council for an update. Bakersfield, California, May 7, 2014 — Page 7 5. PUBLIC STATEMENTS continued ACTION TAKEN Chad Hathaway, co- founder of Kern Citizens for Sustainable Government, spoke regarding the Open Gov. software program that was presented to the City Council on March 5th, then referred to the April 28th Budget and Finance Committee; he stated that no action was taken on the approval of this program and he encourages the City Council to reconsider this program, as it will provide more transparency and ease of access to the general public so they can better understand where their tax dollars are being spent. Councilmember Rivera requested this item be brought back to a future meeting and have the representatives from the Open Gov program have an opportunity to describe the program a little bit more. Bob Kierejczyk, with Ad Art Sign Company, spoke regarding a recent RFP that was issued for the retrofitting of the LED sign for the Convention Center; he stated that there was a discrepancy between what the bid specifications stated and what City officials present on the bid walk stated, which resulted in his company submitting design work for the wrong sized sign; he asked that the Council take a second look at this and perhaps issue another RFP with the correct bid specifications. k. Robert Braley spoke regarding the costs associated with TRIP projects and asked the Council request a complete and accurate presentation, at a public meeting, from the City Manager on all the TRIP project costs and sources of financing; and submitted written material. 6. WORKSHOPS a. Presentation of Proposed FY 2014 -15 Budget. City Manager Tandy made staff comments and provided a PowerPoint presentation. E11 7. Bakersfield, California, May 7, 2014 - Page 8 WORKSHOPS continued ACTION TAKEN Assistant to the City Manager Huot presented the financial overview and provided a PowerPoint presentation. City Manager Tandy made additional comments. APPOINTMENTS a. One appointment to the Historic Preservation Commission due to the resignation of Patricia Duffel, whose term was to expire March 30, 2015. City Clerk Gafford announced one application was received from Stephen Montgomery. Motion by Vice -Mayor Weir to appoint Steven Montgomery to a 3 -year term on the Historic APPROVED AB HANSON Preservation Commission, whose term expires on , SU LLLIVAN IVAN March 30, 2018. SULLIVAN b. One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of Antonio Martinez (Ward 1), whose term was to expire December 2014. City Clerk Gafford announced one application was received from Anna Corrinne Camp Smith. Mayor Hall made comments regarding the resignation of Antonio Martinez, due to medical reasons; and stated that he should be recognized for the outstanding work that he did while a member of the Keep Bakersfield Beautiful Committee. Motion by Councilmember Rivera to appoint Anna APPROVED Smith to the Keep Bakersfield Beautiful Committee, AB HANSON, SULLIVAN term expires December 2014. C. One appointment to the Planning Commission due to the expiration of term of Barbara Lomas, (Ward 4), whose term expired April 30, 2014. Motion by Councilmember Smith to re- appoint APPROVED , Barbara Lomas to a 4-year term on the Planning Y 9 SULLIVAN SULLIVAN LIVAN Commission, whose term expires on April 30, 2018. Bakersfield, California, May 7, 2014 — Page 9 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the April 16, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from April 4, 2014, to April 24, 2014, in the amount of $20,676,372.09 and self- insurance payments from April 4, 2014, to April 24, 2014, in the amount of $440,282.79, totaling, $21,116,654.88. Ordinances: C. Zone Change 14 -0050; SmithTech USA, REMOVED BY STAFF representing SB /RBLI Land Company (North Kern ll), LLC (property owner), has applied for a zone change on 20.01 acres located at the southwest corner of Coffee Road and future Etchart Road. 1. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -2 /PUD (Limited Multi- family Dwelling/ Planned Unit Development) zone to R -1 (One - Family Dwelling). A previously adopted Negative Declaration for GPA /ZC No. 05 -1932 applies to this project. Resolutions: d. Resolution confirming approval by the City RES 061 -14 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. 8. Bakersfield, California, May 7, 2014 — Page 10 CONSENT CALENDAR continued ACTION TAKEN e. Resolution of Intention No. 1788 preliminarily ROI 1788 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2014 -2015 budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD. Resolution of Intention No. 1789 preliminarily ROI 1789 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2014 -2015 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. g. Resolution of Intention No. 1790 preliminarily ROI 1790 adopting, confirming and approving the Public Works Director's Report for 19 Traffic Signal Maintenance Districts (TSMD) and their 2014- 2015 budgets and setting the time and place for hearing protests regarding the amount of Traffic Signal assessments to be levied for each TSMD. h. Resolution of Intention No. 1780 ordering the RO► 1780 vacation of a strip of right -of -way 6'/2 feet wide along the south side of the alley west of V Street between 20th Street and 21 St Street within block 216 and 217 of Godey Tract. Agreements: Agreement with Lewis, Brisbois, Bisgaard & Smith AGR 14 -063 LLP (not to exceed $125,000) to provide outside legal services in the matter of Citizens Against the 24th Street Widening Project v. City, et al., KCSC Case No. S- 1500 -CV- 281556, KCT, challenging the City's certification of the Final Environmental Impact Report for the 24th Street Widening Project. j. Agreement with Brown Armstrong AGR 14 -064 Accountancy Corporation ($49,600) for a full scope annual audit of the 2013 -14 fiscal year. Bakersfield, California, May 7, 2014 — Page 11 S. CONSENT CALENDAR continued ACTION TAKEN k. Agreement with Diane Swan ($95,000) to purchase real property located at 421 Truxtun Avenue for the Amtrak Parking Lot Expansion Project. Agreement with LNV, Inc. ($380,000), to purchase real property for APN Nos. 531- 010 -27, 28 and 533 - 011 -18 thru 28, located on the southeast and southwest corner of Morning Drive and State Route 178. (TRIP) M. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for construction of the Rosedale Highway Widening Project. (TRIP) n. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the State Route 99 at Hosking Avenue Interchange Project. (TRIP) o. Design Consultant Agreement with T.Y. Lin International (not to exceed $3,490,000; agreement funded with 88.53% Federal Earmark Funds and 11.47% Traffic Development Funds) for engineering design services for the 24th Street Improvement Project. (TRIP) P. Amendment No. 2 to Agreement No. PW 1 1 -084 with Penny Lawn Service, Inc. ($14,000; revised not to exceed $52,160), for landscape maintenance at the Municipal Airport. q. Amendment No. 1 to Agreement No. 11 -086 with the City Fire Department, Kern County Fire Department and Kern Community College District, to maintain, upgrade and operate the Olive Drive Fire Training Facility. r. Amendment No. 2 to Agreement No. CA 12-013 with California Eminent Domain Law Group, APC ($65,000; revised not to exceed $85,000), to provide outside legal services in the matter of City v. Anthony C. Evans and Carol Ross Evans, etc., et al. AGR 14 -065 AGR 14 -066 AGR 14 -067 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 14 -070 AGR 11- 086(1) REMOVED BY STAFF Bakersfield, California, May 7, 2014 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Amendment No. 3 to Agreement No. 90-279 with Nextel of California, Inc., to transfer ownership of an equipment shelter at 8101 Ashe Road to the City. Amendment No. 4 to Agreement No. 1 1 -127 with Thyssenkrupp Elevator Corporation ($50,000; revised not to exceed $210,000 and extend term one year) for elevator maintenance. U. Amendment No. 1 to Agreement No. 13-091 with Safeway Sign Company (extending term one year), for continued supply of traffic signs. V. Amendment No. 5 to Agreement No. 10-080 with Commercial Cleaning Systems, Inc. ($48,330; revised not to exceed $221,818 and extend term one year), for the annual contract for janitorial maintenance at City Hall North. W. Amendment No. 2 to Agreement No. 12 -086 with Loop Electric, Inc. (extending term one year), for the annual contract for vehicle loop cutting. X. Amendment No. 1 to Agreement No. 13 -184 with Bethany Services /Bakersfield Homeless Center ($5,611.37), for Emergency Shelter Grant Funds for Emergency Shelter Operations. Y. Amendment No. 1 to Agreement No. 13-185 with the Mission at Kern County ($5,611.36), for Emergency Grant Funds for Emergency Shelter Operations. Z. Amendment No. 3 to Agreement No. 11 -100 with Parsons Transportation Group, Inc. ($2,800,457; revised not to exceed $43,510,276; amendment - 88.53% federally funded $2,479,245 and 11.47% locally funded $321,212), for additional professional services for program delivery/engineering and environmental support for TRIP; and preliminary engineering and coordinating /managing completion of the environmental document for the Centennial Corridor Loop (SR -58 Connector) Project. (TRIP) AGR 90- 279(3) AGR 11- 127(4) AGR 13- 091(1) AGR 10- 080(5) AGR 12- 086(2) AGR 13- 184(1) AGR 13- 185(1) REMOVED FOR SEPARATE CONSIDERATION 8. Bakersfield, California, May 7, 2014 - Page 13 CONSENT CALENDAR continued aa. Contract Change Order No. 1 to Agreement No. 13 -155 with Granite Construction, Inc. ($17,647.50; revised not to exceed $3,035,579.50), for the project known as Mohawk Street Improvements from Rosedale Highway to Siena Lane. bb. Contract Change Order No. 4 to Agreement No. 13 -140 with Security Paving Company, Inc. ($60,000; revised not to exceed $14,225,216), for the State Route 58 Gap Closure Project. (TRIP) CC. Contract Change Order No. 9 to Agreement No. 12 -165 with Security Paving Company, Inc. ($13,277.38; revised not to exceed $29,401,923.13; change order funded with STIP Funds (100 %)), for the construction of the Westside Parkway Phase 6C Project. (TRIP) dd. Accept bid and approve contract with Smith Construction Company, Inc. ($716,994.17), for the rehabilitation of Primary Clarifiers No. 1 through 4 at Wastewater Treatment Plant No. 3. ee. Accept base bid plus additive alternate No. 1 and approve contract with Daktronics, Inc. ($181,750), to furnish and replace marquee at Rabobank Arena, Theater and Convention Center. ff. HVAC Replacement /Upgrade - Community Development Building: Accept bid and approve contract with Zim's Integrated Mechanical Service, Inc. ($646,317), for construction of the project. 2. Appropriate $250,000 Facility Reserve Funds to the Community Development Department's Capital Improvement budget within the Capital Outlay Fund. ACTION TAKEN AGR 13 -155 CCO 1 AGR 13 -140 CCO 4 AGR 12 -165 CCO 9 AGR 14 -071 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, May 7, 2014 — Page 14 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: gg. Transfer and appropriate $54,125 Transient Occupancy Tax Fund Balance to the City Debt Service Fund to account for the annual loan payment associated with the PG&E On -Bill Financing Program. hh. Transfer and appropriate additional development fee revenues from the Development Services Fund to the Public Works Capital Improvement Budget within the Capital Outlay Fund for repairs and improvements to the Community Development Building. Appropriate $35,000 from Kaiser Permanente Southern California Fund grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide swim lessons and passes to children and adults. (Operation Splash) CalOES Grant Appropriation for the Police Department: Appropriate $121,369 State Grant Revenues (from the California Office of Emergency Services) to the General Fund Police Operating Budget, for the Children Exposed to Domestic Violence Specialized Response Program. kk. Synthetic Turf Median Projects: Approve the addition of seven median test project sites to the City's Capital Improvement Program for Fiscal Year 2013 -14 for a total of $1 1 1,489. 2. Appropriate $7,700 median trust funds, transfer $35,945 savings from Millcreek Park Plaza project, and transfer $67,844 savings from Westside Parkway Phase 1 project to the Public Works Capital Improvement Budget within the Capital Outlay Fund. Bakersfield, California, May 7, 2014 - Page 15 8. CONSENT CALENDAR continued ACTION TAKEN II. Department of Housing & Urban Development (HUD) Fiscal Year 2010-11 Action Plan Amendment No. 11, reprogramming $11,222.73 in Emergency Shelter Grant Funding. Successor Agency Business: mm. Receive and file successor agency payments from April 4, 2014, to April 24, 2014, in the amount of $638.91. City Clerk Gafford announced that at the request of staff, items 8.c. and 8.r. have been pulled from the agenda; and that staff memorandums were also received regarding items 8.1, 8.ee., and 8.ff. Councilmember Rivera requested that item 8.ff. be removed for separate consideration. Councilmember Maxwell requested that items 8.n., 8.o., 8.z., and 8.ee. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.mm., with the removal AB HANSON, of Items 8.n., 8.o., 8.r., 8.z., 8.ee., and 8.ff. for SULLIVAN separate consideration. n. Cooperative Agreement with the State of AGR 14 -068 California Department of Transportation (Caltrans) for the State Route 99 at Hosking Avenue Interchange Project. (TRIP) In response to questions from Councilmember Maxwell, City Manager Tandy and Acting Public Works Director Fidler explained that the City could not change the off ramp for the Hosking Avenue Interchange Project from a partial clover leaf to a diamond interchange since it is a Caltrans facility and they exercise absolute and total control over the design criteria. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar Item 8.n. AB HANSON, SULLIVAN Bakersfield, California, May 7, 2014 - Page 16 8. CONSENT CALENDAR continued ACTION TAKEN o. Design Consultant Agreement with T.Y. Lin AGR 14 -069 International (not to exceed $3,490,000; agreement funded with 88.53% Federal Earmark Funds and 11.47% Traffic Development Funds) for engineering design services for the 24th Street Improvement Project. (TRIP) In response to a question from Councilmember Maxwell, Finance Director Smith explained that the $3,490,000 mentioned in this agreement, for design and right -of -way, is in the current year budget. Acting Public Works Director Fidler advised that the City has received E76 authorization to proceed with the design for this project; and stated that if the Federal Highway Administration or Caltrans finds that the City is not invoicing for design, they will consider taking away that obligated money from the City. Motion by Councilmember Maxwell to continue Consent Calendar item 8.o. to the next meeting, to allow time for the Council to receive an update on the CEQA lawsuit prior to making a decision to approve more money spent on this project. FAILED NOES WEIR, SMITH, RIVERA AS HANSON, SULLIVAN Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar item 8.o. NOES MAXWELL AS HANSON, Z. Amendment No. 3 to Agreement No. 1 1 -100 SULLIVAN with Parsons Transportation Group, Inc. AGR 11- 100(3) ($2,800,457; revised not to exceed $43,510,276; amendment - 88.53% federally funded $2,479,245 and 11.47% locally funded $321,212), for additional professional services for program delivery/engineering and environmental support for TRIP; and preliminary engineering and coordinating /managing completion of the environmental document for the Centennial Corridor Loop (SR -58 Connector) Project. (TRIP) Councilmember Maxwell requested a memorandum be provided to the Council, outlining the billing that happens between now and the RFQ, so that they can see how the money is being spent. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar Item 8.z. AS HANSON, SULLIVAN 1.3 ff. Bakersfield, California, May 7, 2014 — Page 17 CONSENT CALENDAR continued ee. Accept base bid plus additive alternate No. 1 and approve contract with Daktronics, Inc. ($181,750), to furnish and replace marquee at Rabobank Arena, Theater and Convention Center. Finance Director Smith responded to a question from Councilmember Maxwell, stating that he provided a memorandum responding to the items in the bid protest letter from Ad Art Sign Company; and explained that the City described the specifications on the bid for a larger sized sign, and this company bid a smaller size, which led the City to go to the first bidder with the lowest cost providing the product they requested. Motion by Councilmember Maxwell to adopt Consent Calendar item 8.ee. HVAC Replacement /Upgrade - Community Development Building: Accept bid and approve contract with Zim's Integrated Mechanical Service, Inc. ($646,317), for construction of the project. Councilmember Rivera requested a conversation regarding a possible new bid preference policy to help our local economy and asked that it be referred to the Budget and Finance Committee. Councilmember Johnson suggested that the Committee consider that while the City's current local bidder preference is just for goods and not for services, that it could be argued that in some services you are getting a good, such as an air conditioner. Motion by Councilmember Rivera to adopt Consent Calendar item 8.ff. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider the Resolution ordering the vacation of the alley within block 112 of East 19th Street and East 21 St Street, between Sonora Street and Inyo Street. ACTION TAKEN AGR 14 -072 APPROVED AB HANSON, SULLIVAN AGR 14 -073 APPROVED AB HANSON, SULLIVAN RES 062 -14 9. 10. 11. Bakersfield, California, May 7, 2014 — Page 18 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public Hearing to consider Resolution adopting RES 063 -14 revised Pioneer Planned Drainage Area. City Clerk Gafford announced that correspondence has been received from Perry Anthony regarding item 9.b. Consent Calendar Public Hearings items 9.a. and 9.b opened at 7:48 p.m. No one spoke. Consent Calendar Public Hearings items 9.a. and 9.b. closed at 7:49 p.m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Hearing items 9.a. and 9.b. AB HANSON, SULLIVAN HEARINGS None. REPORTS a. Department Budget Presentations: General Government Assistant to the City Manager Huot made staff comments and provided a PowerPoint presentation. In response to a question from Councilmember Smith, Assistant to the City Manager Huot explained staff hopes to have more information regarding the graffiti app and others, in the next week or two, given the variety of potential services that would be provided. 2. City Attorney's Office City Attorney Gennaro made staff comments and provided a PowerPoint presentation. 3. Financial Services Finance Director Smith made staff comments and provided a PowerPoint presentation. Bakersfield, California, May 7, 2014 - Page 19 12. DEFERRED BUSINESS ACTION TAKEN None. 13. NEW BUSINESS a. Resolution supporting Public Investment of Kern RES 064 -14 County Employees' Association Funds in the City and throughout Kern County. City Manager Tandy made staff comments and recommended approval of the Resolution. Motion by Vice -Mayor Weir to adopt New Business APPROVED item 13.a. AB HANSON, SULLIVAN 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson requested staff examine a pending bill in Sacramento regarding groundwater management programs and its impacts to Bakersfield; and requested it be referred to the Water Board. Councilmember Johnson requested staff look into financial support for the Water Association of Kern County's bus marketing campaign; and contact the Association to determine if it's not too late to provide support in the amount of $1,000 to $1,500. Councilmember Maxwell requested staff provide a short presentation regarding the status of the money to be used for landscaping for the Westside Parkway. Councilmember Maxwell request Parsons provide a presentation to Council regarding the status of the design and landscaping for the 24th Street Widening Project. Councilmember Maxwell requested staff investigate who has been given the authorization to stop traffic at Bakersfield College and check air pollution emissions by vehicles. Mayor Hall indicated that he is proud of the fact the Mayor's Office has had a budget surplus each year he has been in office. Bakersfield, California, May 7, 2014 - Page 20 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:22 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield