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HomeMy WebLinkAbout12/14/11_CC_AGENDA_PACKET16034 Wt. BAKERSFIELD CITY COUNCIL AGENDA MEETING OF DECEMBER 14, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Pastor Mark Arley, Lutheran Church of Prayer. 3. PLEDGE OF ALLEGIANCE by Laura Helnemann, 2nd grade student at St. John's Lutheran School. 4. PRESENTATIONS a. Proclamation by City Council to Mayor Harvey Hall declaring December 14, 2011 as Harvey L. Hall Day. 5. PUBLIC STATEMENTS 6. WORKSHOPS (Ward 6) a. Sports Village Phase I and Phase II naming rights agreement with State Farm@ for $500,000 for a five year term. Staff recommends entering into a naming rights agreement with State Farm@ for Sports Village Phase 1 and Phase ii and accepting the terms of the agreement as presented. b. PG&E presentation regarding Plans for the Kern Power Plant. 7. HEARINGS a. Public Hearing to consider Resolution in Opposition to the High Speed Rail Project, as currently proposed. Staff recommends adoption of the Resolution. b. Public Hearing and First Reading of an Ordinance amending Chapter 1.12 of the Municipal Code revising the boundaries of City Council Wards 1 through 7. (Hearing opened & continued at meetings 9/28/11, 10/19/11 & 11 / 16/11) Staff recommends First Reading of the Ordinance. 8. APPOINTMENTS a. One appointment to the Kern Mosquito and Vector Control District, due to the expiration term of Morris Mahlmann, whose term expires December 31, 2011. Staff recommends Council determination. 8. APPOINTMENTS continued b. One appointment to the Fire Civil Service Board, due to the expiration of term of Dr. Ronald Eaves, whose term expires December 31, 2011. Staff recommends Council determination. C. Three appointments to the Miscellaneous Civil Service Board due, to the resignation of Percy A. Robinson whose term expires December 31, 2013 and the expiration of terms of Tom Dorlis and Gregory Klimko, whose terms expire December 31, 2011. Staff recommends Council determination. d. One appointment to the Police Civil Service Board, due to the expiration of term of Kenneth E. Vetter, whose term expires December 31, 2011. Staff recommends Council determination, e. One appointment to the North of the River Recreation and Park District, due to the expiration of term of Stuart Patteson, whose term expires December 31, 2011. Staff recommends Council determination. 9. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 7, 2011 Special City Council Meeting and the November 16, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from November 4, 2011 to December 1, 2011 in the amount of $17,492,345.48 and self-insurance payments from November 4, 2011 to December 1, 2011 in the amount of $529,581.39, totaling $18,021,926.87. Ordinances: (Ward 4) c. Adoption of Ordinance approving a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from E (Estate) to E-Ch (Estate-Church) on 18.03 acres located at the northwest corner of Reina and Old Farm Roads (ZC 11-0271 - McIntosh and Associates, representing the Roman Catholic Bishop of Fresno). (FR 11/16/11) d. Adoption of the following Ordinances amending various sections of the Municipal Code: (FR 11/16/11) 1. Section 6.08.010 relating to fowl. 2. Sections 15.65.200, 15.65.210, 15.65.220 and 15.65.230 relating to the fire code. 3. Section 17.04.508 relating to roofline. 4. Section 17.60.060, Section B. 1.f. relating to sign development standards. 5. Section 17.60.070, Subsection G.5 relating to electronic signs. Resolutions: (Ward 4) e. Resolution adopting the Investment Policy of the City. 2 City Council Meeting of 12/14/2011 9. CONSENT CALENDAR continued f. Resolution establishing City Council policy regarding the use of electronic communications during public meetings. (legislative & Litigation Committee) g. Resolution approving an Amended Employees Deferred Compensation Plan Document, authorizing implementation of the plan and indemnifying the City's Advisory Committee. h. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. (Ward 7) i. Resolution approving an application proposing proceedings for annexation of inhabited territory to the City identified as Annexation No. 619 consisting of 45.59 acres located generally south of Taff Highway and east of South H Street. (Ward 6,7) j. Resolution approving application for annexation of uninhabited territory to the City identified as Annexation No. 624 consisting of 17.28 acres, located along the north side of Taft Highway, east and west of Stine Road. k. Homeland Security Grants on behalf of the Kern Operational Area: 1. Resolution determining that the City Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California to the County of Kern and through the County of Kern to the City, 2. Memorandum of Understanding with the County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment, training and other professional services. 3. Appropriate $220,000 FY2010 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. Consolidated Annual Maintenance of IBM servers and storage area network: Resolution determining that Consolidated IBM maintenance cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $60,468. 2. Agreement with Computer Configuration Services (not to exceed $60,468) to consolidated IBM maintenance contracts. M. Amendment No. 1 to Resolution No. 111-11 Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units. (ward 4) n. Resolution of Intention No. 1705 to add territory, Area 2-49 (southeast corner of Stockdale Highway and Nord Road) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. City Council Meeting of 12/14/2011 9. (Ward 1,2,6) (Ward 2) CONSENT CALENDAR continued Agreements: 0. P. Agreement with Kern High School District (not to exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. Installation and Access Agreement with Bright House Networks, Inc. (no cost to City) for high speed internet service to the Bakersfield Amtrak Station. (Ward 3,4,5,6,7) q, (Ward 6) (Ward 3) Agreement with Wilson & Associates (not to exceed $109,200) to provide continuing disclosure services for various Special Assessment Districts. r. Consultant Agreement with Soils Engineering Inc. ($678,625) to provide materials testing services for calendar years 2012 and 2013, s. Consultant Agreements with McIntosh & Associates ($200,000), Meyer Engineering ($200,000) and MNS Engineers ($200,000) to provide "on-call" construction inspection services for development projects and Capital Improvement Program. t. Agreement with Polydyne, Inc. ($461,904) to provide dewatering polymer for Wastewater Treatment Plant No, 3. U. Agreement for Mitigation of Public Facility Impacts (Pending Annexation No. 500): Agreement with the County of Kern and Wal-Mart Real Estate Business Trust for construction of public facility improvements on Olive Drive and State Route 99. (Ward 1) (Ward 2) 2. Appropriate $3,000,000 Developer share of project cost (which will be remitted to the County) to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. V. Environmental Engineering and Right-of-way services for the widening of State Route 58 between PM 52.4/55.4 (TRIP): 1. Cooperative Agreement with the State of California Department of Transportation ($3,000,000) for the project. 2. Reimbursement Agreement with the County of Kern ($1,500,000) for the project. 3. Appropriate $1,500,000 County Share Project costs to the Public Works Capital Improvement Budget within the Capital Outlay Roads Fund for the Centennial Corridor Project. W. Widening of Rosedale Highway between Gibson and Mohawk streets (TRIP): 1. Agreement with County of Kern ($1,000,000) for the reimbursement of right-of-way costs. 2. Appropriate $1,000,000 County Share project costs to the Public Works Capital Improvement Budget within the Capital Outlay Roads Fund for the project. X. Amendment No. 1 to Agreement No. 11-053 with Gilliam & Sons, Inc. ($875,000; revised not to exceed $2,315,003) to continue earthmoving and hauling services. 4 City Council Meeting of 12/14/2011 9. CONSENT CALENDAR continued (Ward 3) Y. Amendment No. 2 to Agreement No. 10-075 with GC Environmental, Inc. ($350,000; revised not to exceed $1,350,000) for landfill gas system services for the Bakersfield Sanitary Landfill Closure Project. (Ward 6) Z. Amendment No. 1 to Agreement No. 10-176 with Polydyne, Inc. ($50,000; revised not to exceed $100,173.88 and extends term one year) to continue the supply of DAF Polymers. aa. Amendment No. 3 to Agreement No. 10-177 with Stay Green, Inc. ($100,000; revised not to exceed $335,000 and extends term one year) to continue the tree trimming maintenance program. bb. Amendment No. 5 to Agreement No. 06-053 with Parsons Transportation Group Corp. ($498,240; revised not to exceed $44,354.007) for the Program Management Services for the Thomas Roads Improvement Program. (TRIP) CC. Amendment No. 2 to Agreement No. 09-171 with Amber Chemical, Inc. ($50,000; revised not to exceed $200,000 and extends term one year) to continue the supply of pool chemicals. (Ward 4) dd. Habitat Monitoring of the Buena Vista Lake Shrew for the Kern Fan Water Recharge Area located in the City's 2800 Acre Facility: 1. Amendment No. 1 to Agreement No. 11-017 with Live Oaks Associates, Inc. ($35,000; revised not to exceed $105,885) to conduct years seven and eight of the monitoring program. 2. Appropriate of $35,000 from the Agricultural Water Fund Balance to the Water Resources Operating Budget to fund the amendment to the habitat monitoring program. (Ward 2) ee. Contract Change Order Nos. 12 and 14 to Agreement No. 08-214 with Security Paving Company, Inc. ($46,411.82: revised not to exceed $29,147,121.72) for construction of the Westside Parkway Phase 1 Project. (TRIP) (Ward 2,4,5) ff. Contract Change Order Nos. 8, 15, 19, 20, 23, and 27 to Agreement No. 09-076 with Security Paving Company, Inc. ($103,943.50; revised not to exceed $84,072,500.21) for the construction of the Westside Parkway Phase II Project. (TRIP) Bids: gg. Accept bid from Bauer Compressors, Inc. ($1,011,205.46) for the purchase of MSA self-contained breathing apparatus for the Fire Department. hh. Accept bid from HD Supply WW ($62,013.18) for sewer supplies for use by the Public Works Department, Streets Division. ii. Accept bid from Myers & Sons Hi-Way Safety, Inc. ($87,709.05) for traffic cones, delineators and barricades for use by the Public Works Department, Streets Division. (Ward 1) jJ. Accept bid from Quinn Company, ($514,800) for two replacement articulated four- wheel drive loaders with high lift loading option for use by the Public Works Department, Solid Waste Division. 5 City Council Meeting of 12/14/2011 9. CONSENT CALENDAR continued kk. Accept bid and approve contract with Boething Treeland Farms, Inc. (not to exceed $75,000) for the supply of plants and shrubs. (Ward 6) Ii. Accept bid and approve contract with Sierra Construction and Excavation Inc. ($67,650) for McCutchen Road Sewer Abandonment. (Ward 5) mm. Accept bid and approve contract with Loop Electric, Inc. ($133,329.25) for construction of traffic signal and lighting system installation at Buena Vista Road and Campus Park Drive. (Ward 2) nn. Traffic Signal Modification: Stockdale Highway and Montclair Street: 1. Accept low bid and approve contract with Loop Electric, Inc. ($73,736) for the project. 2. Appropriate $20,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget. (Ward 3,7) oo. Rehabilitation of Three Sewer Lift Stations: 1. Accept bid and approve contract with HPS Mechanical Inc. ($967,520) for lift stations at Alfred Harrell Highway 700 feet north of State Route 178, Planz Road at Benton Street, and Panama Lane at Parsons Way. 2. Appropriate $350,000 Sewer Enterprise Fund balance to the Public Works Department's Capital Improvement Budget ($130,000 from Wastewater Treatment Plant No. 2 and $220,000 from Wastewater Treatment Plant No. 3). Miscellaneous: (Ward 1,3,4,5,7) pp. Fiscal Year 2010-2011 Annual Compliance Report for planned drainage area fees prepared in accordance with Government Code §66006. qq. Fiscal Year 2010-2011 Annual Compliance Report for planned sewer area fees prepared in accordance with Government Code §66006. (Ward 3,6) rr. Fiscal Year 2010-2011 Annual Compliance Report for bridge crossings and major thoroughfare fees prepared in accordance with Government Code §66006. ss. Fiscal Year 2010-2011 Annual Compliance Report for park impact fees prepared in accordance with Government Code §66006. tt. Fiscal Year 2010-2011 Annual Compliance Report for transportation impact fees prepared in accordance with Government Code §66006. (Ward 7) uu. Appropriate $97,038 improvement bond proceeds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund to complete partially constructed developer improvements on public right-of-way at the southeast corner of South H Street and Panama Lane. (Ward 5) vv. Appropriate $79,048 drainage fees collected for the Tevis Ranch Development area to the Public Works Department's Capital Improvement Budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3). Staff recommends adoption of Consent Calendar Items 8, a. through 8. vv. 6 City Council Meeting of 12/14/2011 10. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Cho, Keung v. City - KCSC Case No. S-1500-CV-272373 WDP. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivisions (b)(3)(13)/(b)(3)(C) of Government Code Section 54956.9 (threat of litigation regarding right-of-way issues on Truxtun Avenue). RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. CONSENT CALENDAR PUBLIC HEARINGS (Ward 45,63) a. Public Hearing to consider an adjustment to the Water Availability Fee for the City's Domestic Water System. 1. Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven and Riverlakes Ranch service areas. (Staff recommends adoption of Resolution.) b. Public Hearing to consider Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City (2.15% proposed rate increase). (Staff recommends adoption of Resolution.) (Ward 7) c. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at 8601 South H Street, by eminent domain for a new interchange at State Route 99 and Hosking Avenue. (Code Civ. Proc. § 1240.010) (Staff recommends adoption of Resolution.) 13. REPORTS 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, q~~ Alan Tandy City Manager 12/08/11 2:35pm City Council Meeting of 12/14/2011 i AGENDA HIGHLIGHTS December 14, 2011 COUNCIL MEETING Vice-Mayor Couch will present a Proclamation to Mayor Hall on behalf of the City Council, declaring Wednesday, December 14, 2011 as "Harvey L. Hall Day" in recognition of being awarded the "Iron Eyes Cody Award" by Keep America Beautiful. Item 6a. Recreation and Parks Director Dianne Hoover will address the Council to request approval of a proposed naming rights agreement with State Farm for Phases I and II of the Sports Field facility and to formally recognize and thank State Farm for their generous contribution and support of the project. Item 6b. Representatives from PG&E will provide a brief presentation regarding future plans for the Kern Power Plant. Item 7a. Resolution in ORoosition of the High Sneed Rail Proiect. There have been increased requests from citizens and various interest groups for the City Council to formally oppose the High Speed Rail project, as currently proposed. At the November 16, 2011, Council directed staff to place a public hearing regarding this issue on the next agenda. Staff has prepared two resolutions for the Council's consideration: 1) opposing the entire HSR project as it is currently proposed (staff's recommendation), and 2) an alternate resolution, opposing only the proposed HSR alignments and the downtown station location. Item 7b. Public Hearing and First Reading of an ordinance revising the ward boundaries. This item was continued from the October 19th Council meeting to allow the City Attorney to review and provide information as to consistency with the Federal Voting Rights Act and for staff to provide additional map options. It was then continued from the November 16th meeting, as a result of further consideration that resulted in Council's request for a new option with the changes that had been proposed to the Concept 1 a map for Wards 3, 4, and 5, and leaving the area southeast of California and Chester Avenues within Ward 1, and also rebalancing populations in Wards 1, 2, 6, and 7. A new map, Concept 6, incorporating all of the requested revisions, is proposed for the Council's consideration. Staff recommends the first reading of the ordinance to amend the ward boundaries, based on Concept 6, as it achieves a population deviation within the 5% threshold, addresses the issues brought forward by Ward 1 residents during the public hearing, and includes the changes recommended by the Council based on Concepts 1 and 1 a. Lastly, it is compliant with the Federal Voting Rights Act. There will be one appointment to each of the following: Fire Civil Service Board, Kern Mosquito and Vector Control District, Police Civil Service Board, and North of the River Recreation and Park District. There will be three appointments to the Miscellaneous Civil Service Board. e Item 9f. Council Policy regarding the use of electronic communications during public meetings, After extensive research, the City Attorney's Office has determined that the use of electronic devices during public meetings may violate the Brown Act, the Public Records Act, and an individual's due process rights. Staff recommends that Council adopt a proposed policy prohibiting such communications between Councilmembers, Councilmembers and City staff, and Councilmembers and the public. The Legislation and Litigation Committee voted at their October 24, 2011 meeting to recommend adoption by the City Council Item 9u. Agreement with Kern County and the Wal-Mart Real Estate Business Trust for construction of Olive Drive/Highway 99 improvements. The Wal-Mart Real Estate Business Trust previously requested annexation of their property, consisting of 40.34 acres west of SR 99 and south of Olive Drive, to construct a new store. The City began annexation proceedings, which the County initially objected to. After continued discussions, the County agreed not to oppose the annexation if the property owner contributed $3 million to acquire right-of-way and construct an auxiliary lane on southbound SR 99, between Olive Drive and SR 204 and to make related improvements to the Olive Drive/SR southbound on-ramp. The proposed improvements are located in the County and are on the TIF facilities list. The property owner is willing to pay the County for the improvements, if the City will enter into a future traffic impact fee agreement for this property and/or their future projects. Staff recommends approval of this agreement, as it will benefit the City with property and sales tax from the annexation. This action also requests an appropriation of $3 million from the developer's share of project costs to the Public Works Capital Improvement Budget. The City will then remit the $3 million to the County when the project is completed. Mom 9v. Agreements with the State and County for the SR 58 widening project. This TRIP project to widen a segment of SR58 to six lanes between Cottonwood Road and SR99 is a needed component of the Centennial Corridor project. Because it will be done entirely within the existing Caltrans right-of-way, the environmental work will be much simpler and quicker than the larger Centennial project. Therefore, to continue to expedite the TRIP projects, staff would like to move forward and complete this project ahead of Centennial. Caltrans will design it, and the City will subsequently bid and award the construction, with estimated completion in early 2014. In addition, because part of the segment is in County jurisdiction, they have agreed to equally share in the expense of funding the Caltrans environmental and design work. This item requests approval of an agreement with Caltrans for $3 million for the environmental, engineering, and right-of-way services and an agreement with Kern County to reimburse $1.5 million to the City for their share of those expenses, as well as the appropriation of the $1.5 million to the Public Works Capital Improvement Budget. Item 9w. Agreement with Kern County for the Rosedale Highway widening groject. This is also a TRIP project, and will consist of widening Rosedale Highway from Gibson Street west to Allen Road. As the sponsoring agency for the project, the City will be entering into agreements with consulting firms for design and right-of-way acquisition. Separately, but related, in early 2012, the City, County and Caltrans will enter into an agreement for relinquishment from Caltrans to the City and County for their respective areas of jurisdiction. This will enable the City to use the City and County Agenda Highlights - December 14, 2011 Council Meeting Page 2 standards, which allow for a narrower right-of-way width than Caltrans standards. However, the County wishes to construct their segment between Gibson and Mohawk Streets with wider shoulders, so they have proposed to pay for the additional right-of-way expenses that will be incurred. This item includes the proposed agreement with the County in the amount of $1 million for reimbursement of their additional right-of-way costs and the appropriation of those funds to the Public Works Capital Improvement Budget. Items 9pp. through 9N. Annual Compliance Reports for FY 2010. Five compliance reports are presented for review by the City Council and the public, including: Planned Drainage Area Fees, Planned Sewer Areas Fees, Bridge Crossings and Major Thoroughfare Fees, Park Impact Fees, and Transportation Impact Fees. There will be a conference with Legal Counsel to discuss one matter of existing litigation and one matter of potential litigation. Item 12a. The Domestic Water Availability Fee is charged to ensure that water will be available for new development, including water well construction, mainline extensions and other related expenses. The fee was last adjusted in January, 2011. To offset the increased cost over last year's fee, and in accordance with the construction cost index, the new fee is proposed to be adjusted by 1.3%, equivalent to a one-time charge of $21 on a new single family dwelling, effective March 1, 2012. The Water Board approved the proposed adjustment on November 9, 2011 and has recommended adoption by the City Council. As of December 1, 2011, no protests had been received regarding the proposed change. Item 12b. The Park Development Fee collected for the development and improvement of City parks was lost adjusted in May, 2010. To ensure that sufficient funding will be available, staff is recommending a 2.15% adjustment, based on the construction cost index and the 2010 federal census data. The fee is proposed to be adjusted from $1,680 to $1,716. Informational notices were sent to the HBA, American Institute of Architects, and to NOR. At the time of this writing, no protests or comments have been received regarding the proposed change. Item 12c. In order to facilitate the construction of a new interchange at SR 99 and Hosking Road, acquisition of a property at 8601 South H Street is necessary. The project would require 0.475 acres of the owner's 16.31 acres. It is adjacent to SR 99, is currently vacant, and will not require the relocation of the property owners or occupants. The current and previous owners are in litigation regarding the property, which does not impact the City's ability to acquire it. Staff recommends approval of a Resolution of Necessity for acquisition of the property by eminent domain so the City will be in a position to receive funding for the interchange project. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - December 14, 2011 Council Meeting Page 3 BA E ~F ycotoo r R ADMINISTRATIVE REPORT LIF MEETING DATE: December 14, 2011 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: November 28, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: Presentation of Proclamation by City Council to Mayor Harvey L. Hall declaring December 14, 2011 as Harvey L. Hall Day in recognition of being awarded the "Iron Eyes Cody Award" by the Keep American Beautiful organization. fvtefe1~ T ~IilZt~l~1i~ BACKGROUND: Presentation to be made by Vice-Mayor David Couch. November 28, 2011, 3:57PM Document4 SAKE 0 ORI ADMINISTRATIVE REPORT LIFO MEETING DATE: December 14, 201 1 AGENDA SECTION: Workshop ITEM: (0. c j. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD O DATE: December 2, 201 1 CITY ATTORNEY CITY MANAGER SUBJECT: Sports Village Phase I and Phase II naming rights agreement with State Farm@ for $500,000 for a five year term. (Ward 6) RECOMMENDATION: Staff recommends entering into a naming rights agreement with State Farm@ for Sports Village Phase I and Phase II and accepting the terms of the agreement as presented. BACKGROUND: The Bakersfield Sports Village is a master planned sports complex located on Taft Highway between Ashe and Gosford Roads that will be completed in phases as funds are available. Phase I Sports Village consisting of eight lighted soccer fields, parking, restrooms and concessions opened in late July, 2011. Due to an agreement with AYSO, Region 73, all maintenance, scheduling and concessions are their responsibility. Phase II construction, consisting of four more soccer fields and four youth football fields will begin in 2012, to be completed in 2013. Currently, the City of Bakersfield is negotiating an agreement with Golden Empire Youth Football to maintain and operate the four football fields and will amend the current agreement with AYSO to include four additional soccer fields. Before construction even began at Sports Village, the City of Bakersfield sought naming rights for the sports complex. After meeting with various companies, the City of Bakersfield is pleased to enter into a naming rights agreement with State Farm Mutual Automobile Insurance Company, commonly known as State Farm. The new name of the sports complex will be known as State Form@ Sports Village. State Farm has a strong presence in Bakersfield; recently consolidating operations from two other locations to Bakersfield. State Farm has supported many local initiatives and nonprofit organizations through the years and has shown their willingness to give back to the community. dh S:WDMINISTRATION DIVISIONWdmin Rpts\2011 Admins\Admin Sports Village name (2)-rev.doc ADMINISTRATIVE REPORT We are pleased to enter into this naming rights agreement for State Farm Sports Village. Basic terms of the agreement include: • Naming rights for Phase I and Phase II of the sports complex • A five year term • $250,000 to be paid in January, 2012 • $250,000 to be paid in July, 2012 • Right of first refusal to renew and to negotiate new terms as the complex expands. The City wishes to recognize State Farm for their generous contribution and to thank them for making the entire amount of the funding available during the first year of the agreement, so the funds can assist with the construction of Phase II. Since Phase I is already completed, the naming rights will include both Phase I and Phase II of Sports Village. As more phases are developed, State Farm@ will have the first opportunity to renew and expand the naming rights, as appropriate. There is an infringement indemnification clause which requires the City of Bakersfield to represent State Farm® in the remote chance that another facility is already named State Farm@) Sports Village. A current search has found no indication that another similar facility exists. Once City Council approves the naming rights for State Farm@) Sports Village (Phase I and Phase 11), new signs will be installed indicating the new name. All future publications and references to the facility will also reflect the new name. dh S:WDMINISTRATION DIVISIMAdmin Rpts\2011 Admins\Admin Sports Village name (2)-rev.doc A QF ro.~, R U ADMINISTRATIVE REPORT cq MEETING DATE: December 14, 2011 AGENDA SECTION: Workshops ITEM: t, k. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: December 7, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY /a- CITY MANAGER )e SUBJECT: PG&E Presentation regarding Plans for the Kern Power Plant RECOMMENDATION: BACKGROUND: Representatives from PG&E have requested an opportunity to address the City Council regarding the company's plans for the Kern Power Plant located in northwest Bakersfield. December 6, 2011, 5:14PM RKS MEETING DATE: December 14, 2011 AGENDA SECTION: Hearings ITEM: I. 0. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: November 21, 2011 CITY ATTORNEY V~ CITY MANAGER SUBJECT: Public Hearing to consider Resolution in Opposition to the entire Hig Sp 7eeddRail Project, as currently proposed RECOMMENDATION: Staff recommends adoption of the resolution, which states the City of Bakersfield is opposed to the entire High Speed Rail project as it is currently proposed. BACKGROUND: In recent months, increasingly more citizens and groups from Bakersfield have asked the City Council to formally oppose the High Speed Rail Project as it is currently proposed by the California High Speed Rail Authority (Authority). At the regular Council meeting of November 16, 2011, the Council directed that a hearing take place at the next City Council meeting and for staff to place the issue on the agenda. For clarification purposes, while the City Council may adopt a resolution objecting to parts or all of the High Speed Rail Project, the Authority is not obligated to follow it. It will be, therefore, an advisory statement only. REPORT: As the project currently exists, the following significant facts, flaws and observations cannot, in good conscience, be overlooked: o THERE IS NO TRAIN. o THERE IS NO ELECTRIFICATION TO THE TRACK to make the high speed rail work, even if there were a train. o The funding which currently exists, and can be reasonably forecast, is supposed to build the first section of track from the area of Borden to S:\Admin Rpts\2011 \Public Hearing - HSR 12.14.11 Final.docx 12/7/2011 11:28 AM Page 1 AT:al Corcoran, and possibly, to an area north of Bakersfield. The Authority will not clarify how far south they can build. A route map is attached. o The Authority has chosen a first segment which has no independent utility, either, as defined in Federal law or for practical purposes. IT WILL BE A TRACK THAT WILL BE UNUSABLE for any high speed rail purpose, even if there were a train and electrification to the track. This is being interpreted as being in direct violation of Proposition IA. o Spending $6.5 billion for an unusable track is a waste of taxpayer dollars, during a difficult economic time for both taxpayers and government. • After approximately 18 months of meetings with Authority officials, and after giving them advice that was based on local knowledge of sensitive areas and places to avoid, they seemingly ignored virtually all suggestions made by City staff. Their proposal would cause many millions of dollars in damage to City assets, with no significant mitigation being offered. • The draft EIR, which, due to significant deficiencies, is being revised in an effort to "try again," was very hard to read and understand for the average citizen. Its maps appeared to be purposefully unclear, and it did not contain a reasonable range of alternates, among other shortcomings. The Authority provided only one complete draft EIR document for public review in the entire 8,100 square mile County of Kern. • The draft EIR clearly did not address the requirements of State law under CEQA. To name a few examples, it damages Bakersfield High School, Mercy Hospital, churches and schools, and takes a swath through east Bakersfield. The potential damage to east Bakersfield, east of Baker Street, was particularly egregious, in that it was not properly noticed, clarified or studied. It is deficient on dealing with noise and air quality, is difficult for the average citizen to understand, and ignores the significant impacts created by the project. Faced with massive opposition from citizens, the legal community, farmers, churches and other groups, the Authority is attempting to make revisions. The City of Bakersfield sent in over 100 pages of comments related to the deficiencies discussed above. To date, the Authority has not responded. S:\Admin Rpts\2011 \Public Hearing - HSR 12.14.11 Fnal.docx 12/7/2011 2:01 PM Page 2 AT:al • Residences, businesses, schools, churches, medical care facilities, Bakersfield High School, Rabobank Arena, new City redevelopment projects and the City Corporation Yard are threatened. The Authority's plans also conflict with the TRIP projects, both under construction and planned for the future. • Opposition groups in Bakersfield and throughout California are growing and uniting with their protests of the project. Lawsuits are being filed on multiple fronts. This is true in Kings County, and, depending on the route selected, Palmdale or Tejon Ranch, as well. • The actions of the Authority are to blame for many of the problems that have been created. They are moving too fast and responding to public input too slowly. • It is unlikely that there will be any future funding to extend the track to usable termination points, as Congress has cut off future funding, and is facing their own record deficit issues. o The State government, as is their normal modus operandi, overestimated their revenues and once again has a multi-billion dollar deficit. o If the State issues High Speed Rail bonds authorized by the voters many years ago, its deficit will grow. o Every year, the State is in this situation, and they prey upon the treasuries of cities and counties. THUS, IT IS FAIR TO PREDICT THAT IF THEY BUILD AN UNUSABLE TRACK, RAIDS ON LOCAL SERVICES WILL CONTINUE. • The cost estimate for the project has grown 2'/2 times the amount given to the voters when they authorized the issuance of bonds. It is likely to increase if the project moves forward. • Both the original and revised business plans for High Speed Rail appear to be as inadequately prepared as their draft EIR. The updated business plan predicts the Merced station would have more passengers than Penn Station in New York City. Future revenues are based on such flawed projections. Recent voter polls show statewide opposition is in the majority and rising. S:\Admin Rpts\2011 \Public Hearing - HSR 12.14.11 Fnal.docx 12/7/2011 11:28 AM Page 3 AT:al Proponents of High Speed Rail seem to base their support on two key issues: job creation and a long-term theory about viable transportation alternatives. The following commentary is made in response: • Jobs can be created in maintenance and the construction of badly needed infrastructure, roads and bridges, that would be usable now, as well as in the long-term. • The long-term theory may be correct, but the time to proceed with high speed rail should not be in a time of severe economic decline when neither the State or Federal governments can afford it. • Finally, the proponents who base their opinion on the long-term theory must have a very high confidence level in the ability of the Authority to properly plan and execute the High Speed Rail project. Unfortunately, the Authority's actions, thus far, have not demonstrated such ability. Chancing Station Locations or Track Alignments Several citizens have spoken during recent Council meetings to recommend that the station location be moved to the airport or to the west of Bakersfield. • While such action by the Authority might limit damage to some Bakersfield homes and businesses, the result would simply cause a shift of damage to others. What agricultural or oil producing interests, or other homes or businesses, would be damaged, is unknown. It has not been studied, so no one really knows. Further, the train may not even function effectively or be useful. Shortening the time to get to Los Angeles by rail is a noble goal; but if you have to drive 30 minutes to get to the station and 30 minutes to return, have you saved enough time to justify the fare? The EIR would also have to be regenerated with such a major route change. Some speakers have also criticized the City of Bakersfield for suggesting ten years ago that a downtown station was appropriate. In response, ten years ago, no one could have known that the Authority would be non-responsive to local concerns, severely under-funded, and not even prepare their environmental work in accordance with the law. Additionally, the station proposed by the Authority is over five times the size of the S:\Admin Rpts\2011 \Public Hearing - HSR 12.14.1 1 Final.docx 12/7/2011 11:28 AM Page 4 AT:al station that is being contemplated by a KernCog study, likely due to the Authority's inflated ridership projections. Moving the station or the alignment does nothing to deal with the financial waste of an unusable track, and the potential raid upon local government revenues which might ensue if bonds are issued in a deficit situation at the State level. However, an alternate resolution is attached in case the City Council wishes to object only to the proposed alignments and the downtown station location, rather than the entire project, despite staff comments. There are, of course, other alternates available to the City, such as asking for a new vote by the public as some legislators have done, or simply continuing to wait for the Authority to respond to the draft EIR comments. The project as currently proposed contains many fiscal, legal and logistical concerns which have not been sufficiently addressed by the Authority. The Authority has made many errors, some of which have been described in this report, as well as numerous others not articulated here. The project, as currently proposed, carries with it too many flaws which if constructed as designed, would permanently and adversely impact the City of Bakersfield and its citizens. As such, City staff recommends adoption of the resolution which states opposition to the entire project as it is currently proposed. S:\Admin Rpts\201 1 \Public Hearing - HSR 12.14.11 Flnal.docx 12/7/2011 12:54 PM Page 5 AT:al AK OF 00 R4 S ADMINISTRATIVE REPORT cam. 10 MEETING DATE: December 14, 2011 AGENDA SECTION: Hearings ITEM: rl. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director December 1, 2011 Public hearing and first reading of an ordinance amending Chapter 1.12 revising the boundaries of City Council Wards 1 through 7. (all Wards) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This item was continued from the meetings of October 19th and November 16th, 2011. The first continuance allowed the City Attorney time to review and provide information about consistency with the Federal Voting Rights Act, and for Staff to provide map options to address comments made by Vice Mayor Couch regarding Wards 3, 4 and 5, and comments made by Mr. Marvin Dean concerning Ward 1. At the November meeting, staff provided two additional maps. The first was a new concept map based on Concept 1 (Concept 1 A) that made minor modifications to Wards 3, 4 and 5 so that an area near Stockdale Highway and Allen Road could remain in Ward 4. The second was an informational map that showed the effect of retaining the area southeast of California and Chester Avenues within Ward 1. Public comments supported this change, which was also supported by a majority of Councilmembers. However, since other modifications to balance Ward populations were not preferred, staff was given direction to produce an option that included changes proposed in Concept 1 A for Wards 3, 4 and 5, leaving the area southeast of California and Chester Avenues within Ward 1, and modifying/rebalancing populations in Wards 1, 2, 6 and 7 based on Councilmember comments. Concept 6 is a result of those efforts. It includes the proposed changes from Concept 1 A to Wards 3, 4 and 5 by retaining the area around Stockdale Hwy and Allen Road within Ward 4, adds to Ward 3 an area north of Olive Dr. east of the Friant-Kern canal, and adds to Ward 5 the area southwest of Buena Vista Road and Ming Avenue. Regarding the issue to keep the area southeast of Chester and California Avenues within Ward 1, Concept 6 retains the existing boundary between Wards 1 and 2 north of State Route 58. The population in Ward 2 was re-balanced by including a small area between SR ADMINISTRATIVE REPORT Page 2 58 and Belle Terrace west of Chester Avenue/Kern Island Canal from Ward 1, and adding an area between Stockdale Hwy and Nordic Drive east of New Stine Road from Ward 6. Lastly, alterations based on Concept 1 were made between Wards 1 and 7 south of SR 58 to have the boundary follow South H Street and Monitor Street. The following table shows the population breakdown of the existing Ward populations with proposed Concept 6. WARD 1 WARD 2 WARD 3 WARD 4 WARD 5 WARD 6 WARD 7 TOTAL CURRENT WARDS CONCEPT 6 TOTAL OVER/UNDER TOTAL OVER/UNDER POPULATION AVERAGE POPULATION AVERAGE -------51,283------ ---------1,643-;------3.31%- -------52,245-------- 5:25%_ ---------2,605-: 40,123 -9,517 19.17% 47,124 1 ,16 : 5.07 44,814- ------___ry----_- -4,826 ;------9,72%- -------51,182-------- ---------1,542-i--------3.1.1%_ -------57,864------ 8,224 16,57%- ; 8,635-------- ---------1,005-, =2.02% 46,177 _3,463 _6.98% 48,016 -1,624 ; -3.27% -------3-. -------50,105------ -----------465_: 0.94% - 47,970 - --1,670-; -3.36% _______57,117------ 7,477_;_____15.06%_ 2,311________ 2,671 ` 5-.38%- 347,483 347,483 Average ward population = 49,640 Reapportionment of the Ward boundaries is to accomplish equality of population, as closely as possible, to ensure adherence to the one-person, one-vote doctrine. Deviation from the average population for each Ward is acceptable if reasonably based upon certain criteria (ie. topography; geography; cohesiveness, contiguity, integrity, and compactness of Ward territory; and community interests within the Ward). Case law has established that as a general rule, a deviation of 0 - 5% is construed as very reasonable; a deviation of up to 10% can occur without formal justification; a deviation of 10% - 16.4% can occur only if formal justification based on the criteria is established, and a deviation above 16.4% is intolerable. In the event any challenge to a reapportionment is filed, the City Council's adoption of legislative findings regarding criteria used to establish the reapportionment would be extremely beneficial to support a defense. Such findings, when combined with existing case law, would provide a position that a deviation of 0 - 5% would be very defensible. As the deviation increases, the potential for challenge increases. Staff recommends first reading of the ordinance amending the Ward boundaries as proposed in Concept 6. This concept achieves a population deviation within the 5% threshold (using standard rounding), it addresses the issues of Ward 1 residents that were brought forth during the public hearing, includes changes recommended by Councilmembers based on Concepts 1 and 1A, and is compliant with the Federal Voting Rights Act. JE: s:\dana\admins\2011\dec\12-14 reapportionment public hearing.doc BA O~~~oarot,~ S ADMINISTRATIVE REPORT ~L LIFO MEETING DATE: December 14, 2011 AGENDA SECTION: Appointments ITEM: 6. 6k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 2, 2011 One appointment to the Kern Mosquito and Vector Control District, due to the expiration of term of Morris Mahlmann, whose term expires December 31, 2011. APPROVED DEPARTMENT HEAD 4~ CITY ATTORNEY ~_T Qom,, \)4k CITY MANAGER ~J RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Kern Mosquito and Vector Control District due to the expiration of term of Morris C. Mahlmann, whose term expires December 31, 2011. The news release was posted October 21, 2011. Three applications for appointment have been received: • Morris Mahlmann • Richard Schwartz • Jim Wertz The primary objective of the Kern Mosquito and Vector Control District is the elimination of mosquito-breeding areas by way of educational services, various control measures and abatement procedure methods when necessary. Members are nominated and appointed by the City Council of each respective participating City. Members shall be an elector of the City and a resident of that portion of the City which is within the Kern Mosquito and Vector Control District throughout their two-year term. All applicants have been encouraged to contact each City Councilmember regarding their interest and qualifications. Meetings are held the second Wednesday of each month at 11:30 a.m. at the District Office, 4705 Allen Road, Bakersfield. VABds&Comm\KMVC\201 1 \Admin 12.14.1l.docx 12/5/2011 12:44 PM RG:al BAKE fA0014rte S ADMINISTRATIVE REPORT " L10 MEETING DATE: December 14, 2011 AGENDA SECTION: Appointments ITEM: , b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council° Roberta Gafford, City Clerk December 2, 2011 One appointment to the Fire Civil Service Board, due to the expiration of term of Dr. Ronald Eaves, whose term expires December 31, 2011. APPROVED DEPARTMENT HEAD CITY ATTORNEY 3N CITY MANAGER RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy on the Fire Civil Service Board due to the expiration of term of Dr. Ronald Eaves, whose term expires December 31, 2011. The news release for this recruitment was posted October 21, 2011. Five applications have been received: • Dr. Ronald Eaves • Henry Castaneda • Roy Malahowski • Glenn Porter • Murray Tragish The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield. I V:Sds&Comm\FIRE\201IAdmin 12.14.11.docx 5-Dec-11 12:48 PM RG:al BAK O~ ymwaw.r~RS C: Cn ADMINISTRATIVE REPORT I,r LI 0 MEETING DATE: December 14, 201 1 AGENDA SECTION: Appointments ITEM: , C TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: December 2, 2011 APPROVED DEPARTMENT HEAD r CITY ATTORNEY yG CITY MANAGER SUBJECT: Three appointments to the Miscellaneous Civil Service Board, due to the resignation of Percy A. Robinson, whose term expires December 31, 2013, and the expiration of terms of Tom Dorlis and Gregory Klimko, whose terms expire December 31, 2011. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy on the Miscellaneous Civil Service Board due to the resignation of Percy A. Robinson, whose term expires December 31, 2013. The news release for this recruitment was posted on October 3, 2011. There are two additional vacancies on this Board due to the expiration of terms of Tom Dorlis and Gregory Klimko, whose terms expire December 31, 2011. The news release for this recruitment was posted October 21, 2011. Eight applications have been received: Tom Dorlis • Gregory Klimko • Henry Castaneda • Roy Malahowski • Margaret Pyles • Mandeep Singh • Murray Tragish • James Williams The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 2:00 p.m. at City Hall North, 1600 Truxtun Avenue, Bakersfield. V:\BdsBComm\MISCCS\2011Wdmin 12.14.11.docx 5-Dec-11 12:46 PM RG:al BAK OWN- ADMINISTRATIVE REPORT lqL1 0 MEETING DATE: December 14, 2011 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 2, 2011 One appointment to the Police Civil Service Board, due to the expiration of term of Kenneth Vetter, whose term expires December 31, 2011. APPROVED DEPARTMENT HEAD CITY ATTORNEY JT E,9 U61 CITY MANAGER RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy on the Fire Civil Service Board due to the expiration of term of Kenneth Vetter, whose term expires December 31, 2011. The news release for this recruitment was posted October 21, 2011. Six applications have been received: • Kenneth Vetter • Henry Castaneda • Roy Malahowski • Glenn Porter • Murray Tragish • James Williams The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3) members appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Police Department. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601 Truxtun Avenue, Bakersfield. V:\BdsBComm\P0LICE\2011\Admin 12.14.11.docx 5-Dec-11 12:50 PM RG:al BAKERS O NCO M, rep~'J''~ ADMINISTRATIVE REPORT Cq~ FOtsp MEETING DATE: December 14, 2011 AGENDA SECTION: Appointments ITEM: 0, C,. TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD j T DATE: December 2, 2011 CITY ATTORNEY D~ yU CITY MANAGER F~ SUBJECT: One appointment to the Board of Directors of the North of the River Recreation and Park District, due to the expiration of term of Stuart Patteson, whose term expires December 31, 2011. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Board of Directors of the North of the River Recreation and Park District due to the expiration of term of Stuart Patteson, whose term expires December 31, 2011. The news release was posted on October 21, 2011. One application was received from Stuart Patteson. The five-member District Board has the responsibility of providing the District with clearly defined goals and objectives in support of its mission; to provide and maintain an adequate program of recreation activities and a system of areas and facilities designed to support them; and to establish rules and regulations governing internal organization and operation. City representatives are nominated and appointed by the full Council, and must be a resident of the City and the District throughout the four-year term. Meetings are held on the third Monday of each month at 5:30 p.m„ at the District Office, 405 Galaxy Avenue. V:\Bds&Comm\NBR&P\2011 \Admin 12.14.11.docx 12/2/2011 11:06 AM RG:al A F ADMINISTRATIVE REPORT MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: Ct. C k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 2, 2011 Approval of Minutes of the November 7, 2011 Special City Council Meeting and the November 16, 2011 Regular City Council Meeting. APP/ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval. BACKGROUND: MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q . b TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from November 4, 2011 to December 1, 2011 in the amount of $17,492,345.48 and Self Insurance payments from November 4, 2011 to December 1, 2011 in the amount of $529,581.39, totaling $18,021,926.87. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: December 1, 2011, 4:16PM S:\Kim G\ADMIN\COUNCIL-ADMIN-AP-2012\ADMIN-AP 121411.doc MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q , C TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: November 23, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_&_ SUBJECT: Adoption of ordinance approving a Negative Declaration and amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from E (Estate) to E-Ch (Estate-Church) on 18.03 acres located at the northwest corner of Reina Road and Old Farm Road (ZC # 11-0271 - McIntosh and Associates representing the Roman Catholic Bishop of Fresno) (Ward 4). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 16, 2011. On October 20, 2011, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The request consists of changing the zoning from E (Estate) to E/CH (Estate/Church Overlay) on 18.03 acres located at the northwest corner of Reina Road and Old Farm Road. The proposed zone change will allow for the development of Saint Elizabeth Ann Seaton Catholic Church, including the main sanctuary, meeting rooms, and other related church improvements. An application for Site Plan Review (#11-0310) for the first phase of the church was recently submitted and currently under staff review pending completion of this zone change. The proposed site plan depicts a 27,795 square foot, 688-seat church. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. There were no comments on the proposal and the Planning Commission unanimously approved the request on consent. Staff recommends adoption of the ordinance. AJoquez /S:\Dana\ADMINS\2011\DEC\12-14-0271 2.doc MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: C j. d TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 17, 2010 1. Adoption of Ordinance Amending Section 6.08.010 Relating to Fowl. 2. Adoption of Ordinance Amending Sections 15.65.200, 15.65.210, 15.65.220 and 15.65.230 Relating to the Fire Code. 3. Adoption of Ordinance Amending Section 17.04.508 Relating to Roofline. 4. Adoption of Ordinance Amending Section 17.60.060, Subsection B.1.f Relating to Sign Development Standards. 5. Adoption of Ordinance Amending Section 17.60.070, Subsection G.5 Relating to Electronic Signs. APPROVED DEPARTMENT HEAD 4r CITY ATTORNEY JT CITY MANAGER RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments. These amendments had first reading on November 16, 2011. 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: 1. BMC Section 6.08.010. This amendment clarifies that the keeping of poultry or fowl of any kind can only be on property within an agricultural zone or-residential suburban zone. 2. BMC Sections 15.65.200, 15.65.210, 15.65.220 and 15.65.230. The amendment to these sections eliminates "educational" from the list of zoning map designations as the City does not have such a designation and schools are covered under commercial designations. 3. BMC Section 17.04.508. This amendment clarifies the definition of "roofline" by eliminating some language which was confusing. 4. BMC Section 17.60.060, Subsection B.1.f. The amendment revises the reference to correct a section number. 5. BMC Section 17.60.070, Subsection G.5. The amendment adds language to ensure that this section and subsection 1 are consistent. JT:Isc S1000NCIL\Hdmins\11-12 Admins\Cleanup 2011-2d.docx F! ro~ADMINISTRATIVE REPORT 1 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 9-e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson Smith, Finance Director November 15, 2011 Resolution Adopting the Investment Policy of the City. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution places the City in conformance with Section 53646 of the California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. On August 8, 2011 the rating agency of Standard and Poors (S&P) downgraded the credit rating of the United State Government Agencies from a AAA rating to a AA+ rating. The Investment Policy has been changed to reflect this event. November 15, 2010 PAINVESTMENT POLICY/ADMIN MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q. P. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 17, 2010 Resolution establishing City Council policy regarding the use of electronic communications during public meetings APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER F~ RECOMMENDATION: The Legislative and Litigation Committee recommends adoption of the resolution. BACKGROUND: There have been questions as to whether the use of electronic communications is advisable during public meetings. After extensive research by the City Attorney's office, it was found that using electronic devices while a public meeting is in progress may violate the Brown Act, the Public Records Act, and an individual's due process rights. Accordingly, the City Attorney's office proposed adoption of a policy that would prohibit the use of electronic communications. This policy prohibits such communications between Councilmembers, between Councilmembers and City staff, and between Councilmembers and the public. This policy also ensures that the appearance of impropriety is avoided. Staff submitted this policy to the Legislative and Litigation Committee at their October 24, 2011 meeting. The Committee reviewed the policy and voted to recommend its adoption by the City Council. JT:Isc SACOUNCUAdmins\11-12 Admins\Policy.ElocCommunications.docx Oa 14 ADMINISTRATIVE REPORT 1 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director December 1, 2011 Resolution Approving an Amended Employees Deferred Compensation Plan Document; Authorizing Implementation of the Plan and indemnifying the City's Advisory Committee. APPROVED DEPARTMENT HEAD CITY ATTORNEY- Q,. CITY MANAGER ~W RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On December 12, 2001 the City Council adopted Resolution # 190-01, which amended the City's existing deferred compensation plan, authorized the City Manager implement the plan and indemnified the advisory committee members administering the plan. The City's deferred compensation program is governed under Internal Revenue Code section 457. The City provides the employees with two plan administration vendor options and provides overall plan oversight with a three member advisory committee made up of employees designated by the City Manager. The current committee is made up of the Finance Director, the Public Works Corporation Yard Operations Manager and the Assistant City Manager. There have been many changes to both deferred compensation law and administration in the past ten years and the City wishes to adopt an amended plan document that properly reflects current law and administrative practices. A summary of substantive changes is attached for your information. The entire restated plan document is an exhibit to the resolution. File name: s/admin/admin reports/reso on amended def comp plan dec 2011.nks 2011 Restated Plan Document Initiative 457 Governmental Plan & Trust Explanation of Selected Substantive Changes ARTICLE I Definitions Compensation (Section 1.07): Revised compensation definition to address final regulations issued under Section 415 of the Internal Revenue Code (the "I.R.C.").. Additionally, incorporated differential wage payments under the definition, which is consistent with the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act"). Distributions to Individuals in the Uniformed Services: Made changes consistent with the HEART Act, which allow distributions to certain individuals during periods of uniformed service. (Section 1.28(c)(3)). ARTICLE III Deferral Contributions/Limitations Deferrals After Severance from Employment, Including Sick, Vacation, and Back Pay Under an Eligible Plan: Revisions incorporated to extend the time period during which deferrals may occur after severance from employment under the final regulations issued under Section 415 of the I.R.C. (Section 3.02(c)). ARTICLE IV Time and Method of Payment Benefits Emergency Tax Relief Distributions: New section added which is designed to serve as a catchall provision allowing distributions from the plan if legislation is enacted following emergency or catastrophic events (e.g., hurricanes, floods). Administrator can also establish procedures related to these distributions. (Section 4.01). Required Minimum Distributions: A plan provision was added to reflect the 2009 waiver period of RMDs under the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"). (Section 4.03(f)(1)). Eligible Rollover Distributions by a Non- Spousal Beneficiary: A provision was added to the plan reflecting Section 829 of the Pension Protection Act of 2006 ("PPA"), which requires plans to permit direct rollovers by non-spousal beneficiaries to inherited IRAs under certain conditions. (Section 4.07(c)). Eligible Rollover Distributions to a Roth IRA: Language added to reflect the ability of participants to direct rollovers to a Roth IRA under PPA Section 824. (Section 4.07(d)(2)). NRG-0133AO FOR PLAN SPONSORS ONLY UPDATED: 02/22/2011 Page 1 Mandatory Distributions for Small Accounts. A provision has been added to make mandatory distributions of inactive accounts with less than $1,000. (Section 4.07(d)(4)). Distribution for Qualified Heath Insurance Premiums: New section added pursuant to PPA Section 845 and IRC 402(1), which allows a distribution of $3,000 per year to "eligible retired public safety officers" to pay for "qualified health insurance premiums" if certain conditions are met. This provision reflects the regulatory requirement that the plan make distributions directly to the qualified health insurance premium coverage provider to qualify. (Section 4.08(a)). ARTICLE V Administrative Services Provider Duties Loans: Loan provisions are incorporated into the plan document, and is no longer a stand alone amendment to the plan. Including this provision does not require plans to offer loans. Plan sponsors wanting to offer loans must complete an administrative procedures document before Nationwide will begin administering loans. This document is available upon request. Plan sponsors who have already completed this step are not required to take any additional action at this time. (Section 5.03). Procedure When Location of Participant or Beneficiary Unknown: New language added to Plan Document providing distribution procedures when the location of a participant or beneficiary is unknown. (Section 5.12(a)(b)). ARTICLE VI Participant Administrative Provisions Automatic Revocation of Spousal Beneficiary Designation: New section, which automatically revokes designations in favor of a former spouse as beneficiary upon a divorce or dissolution of marriage. Many states already have laws which takes this action with former spouses. (Section 6.01). ARTICLE VII Miscellaneous Use of Plan Assets that Are Not Attributable to an Account: New section, which provides that Plan Sponsor shall direct the Administrator how to use money received by the Plan that is not related to an Account Balance. This would include any settlement money, fee reimbursements, and litigation awards received by the Plan. (Section 7.09) Retirement Specialists are Registered Representatives of Nationwide Investment Services Corporation, member FINRA NRG-0133AO FOR PLAN SPONSORS ONLY UPDATED: 02/22/2011 Page 2 A ADMINISTRATIVE REPORT /o MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM 9 . h . TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: November 18, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on November 14, 2011, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1 /Councilmember Salas 1. 212 E. Brundage Lane 2. 220 E. Brundage Lane 3. 222 E. Brundage Lane 4. 1901 Brundage Lane 139-403-20 139-403-25 139-403-24 147-271-10 $ 649.00 $ 650.00 $ 650.00 $ 859.00 November 18, 2011, 1:47PM/kd S:\Dana\ADMINS\2011\DEC\12-14-Property Abatement_Demo.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Salas 5. 905 Casino Street 170-231-11 $ 730.00 6. 908 Casino Street 170-222-02 $ 712.00 7. 3509 Cottonwood Road 172-101-15 $ 300.00 8. 1513 El Rancho Drive 011-362-15 $ 779.00 9. 1025 K Street 009-11 1-05 $ 300.00 10. 1003 L Street 009-112-09 $ 719.00 11. 1005 L Street 009-112-08 $ 719.00 12. 10 Milham Drive 139-431-08 $ 670.00 13. 29 Milham Drive 139-432-05 $ 894.00 14. 103 Obregon Avenue 516-132-01 $ 699.00 15. 1409 O'Neill Avenue 412-212-03 $ 300.00 16. 5400 Osborne Street 412-133-01 $ 600.00 17. 913 P Street 009-162-09 $ 721.00 18. 1303 Potomac Avenue 018-091-36 $ 659.00 19. 1309 Potomac Avenue 018-091-37 $ 659.00 20. 908 Sandra Drive 022-151-03 $ 780.00 21. 3615 Shellmacher Avenue 172-132-09 $ 880.00 22. 7 N. Stine Road 020-293-06 $ 105.00 23. 931 Sylvia Drive 022-162-02 $ 919.00 24. 1508 Sylvia Drive 022-102-25 $ 300.00 25. 1020 S. Tulare Street 139-071-22 $ 105.00 26. 1004 Watts Drive 170-221-06 $ 675.00 27. 1006 Watts Drive 170-221-07 $ 699.00 28. 703'/2 Wilkins Street 139-432-27 $ 770.00 * 29. 625 E. 4th Street 139-292-06 $ 8,880.00 30. 1210 E. 10th Street 018-032-03 $ 894.00 * Demolished structure Ward 2/Counciimember Benham 31. 1815 Blanche Street 007-170-07 $ 694.00 32. 431 Brown Street 017-350-01 $ 105.00 33. 924 Dolores Street 017-290-08 $ 105.00 34. 2118 E Street 003-221-04 $ 720.00 35. 1120 Gage Street 015-350-10 $ 300.00 36. 316 Monterey Street 014-060-16 $ 795.00 37. 305 Myrtle Street 008-121-06 $ 105.00 38. 1525 Oregon Street 015-140-06 $ 778.00 39. 1324 Quincy Street 127-030-24 $ 730.00 November 18, 2011, 1:47PM/kd SADana\ADM1NS\20110E012-14-Property Abatement_Demo.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 2/Counciimember Benham APN COST 40. 5808 Stockdale Highway 331-100-23 $ 785.00 41. 2707 Truxtun Avenue 004-201-05 $ 300.00 42. 2222 1 st Street 008-283-17 $ 300.00 43. 501 28th Street 002-112-25 $ 700.00 Ward 3/Counciimember Weir 44. 2717 Arnold Street 021-402-19 $ 300.00 45. 4216 Bonaire Street 146-134-05 $ 725.00 46. 3512 Bryn Mawr Drive 021-220-10 $ 725.00 47. 3701 Century Drive 382-200-11 $ 721.00 48. 1813 Duke Drive 021-382-04 $ 300.00 49. 3406 Harvard Drive 383-212-19 $ 1,015.00 50. 6009 Hill Dale Court 439-100-13 $ 105.00 51. 3016 Hollins Street 021-352-06 $ 105.00 52. 3109 La Costa Street 146-651-06 $ 105.00 53. 2621 Piper Court 433-130-13 $ 105.00 54. 926 Radcliffe Avenue 021-312-18 $ 880.00 55. 2708 Silver Drive 436-132-11 $ 105.00 56. 2712 St. Marys Street 021-443-11 $ 300.00 57. 10823 Stone Haven Drive 533-111-08 $ 765.00 58. 3000 University Avenue 382-080-15 $ 809.00 59. 3608 University Avenue 382-172-10 $ 105.00 60. 2801 Wenatchee Avenue 383-202-15 $ 746.00 Ward 4/Counciimember Couch 61. 301 Barkine Court 390-242-07 $ 760.00 62. 12412 Colorado Avenue 527-431-02 $ 725.00 63. 22 Emerald Isle Way 408-381-07 $ 105.00 64. 10115 Santa Anita Lane 526-435-04 $ 800.00 Ward 5/Counciimember Hanson 65. 4712 Alden Court 392-141-34 $ 730.00 66. 1709 Angels Camp Street 380-063-03 $ 985.00 67. 9519 Campus Park Drive 392-380-01 $ 300.00 68. 10825 Coronado Pointe Drive 541-032-22 $ 699.00 69. 10609 Galway Bay Drive 394-142-11 $ 1,025.00 70. 9512 Hemingway Place 392-071-09 $ 724.00 November 18, 2011, 1:47PWkd S:\Dana\ADMINS\2011\DEC\12-14-Property Abatement_Demo.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 5/Councilmember Hanson APN COST 71. 9611 Kabara Court 497-524-09 $ 300.00 72. 7901 S. Laurelglen Boulevard 385-251-13 $ 715.00 73. 1600 Manning Street 339-381-10 $ 300.00 74. 11 121 Mirrored Image Court 394-152-29 $ 920.00 75. 9400 Nickam Court 392-232-64 $ 865.00 76. 1700 Placer Court 380-340-15 $ 686.00 77. 9809 Pyramid Peak Drive 394-450-29 $ 1,075.00 78. 812 Silver Oak Drive 501-082-02 $ 920.00 79. 10923 Vista Del Rancho Drive 497-293-03 $ 105.00 Ward 6/Coucilmember Sullivan 80. 2812 Akers Road 441-131-01 $ 700.00 81. 6200 Panama Lane 499-573-01 $ 300.00 82. 6100 Quaking Aspen Street 498-102-11 $ 830.00 83. 3717 Sechrest Avenue 440-065-03 $ 885.00 84. 3508 Titan Lane 404-106-12 $ 1,415.00 85. 3813 White Lane 404-071-30 $ 899.00 Ward 7/Councilmember Johnson 86. SEC Berkshire Road & Stine Road 515-040-01 $ 1,094.00 87. 2814 Cambria Avenue 023-433-08 $ 660.00 88. 3500 Canadian Street 405-202-01 $ 725.00 89. 5901 Chester W. Nimitz Street 372-183-12 $ 600.00 90. 3208 Earnest Court 023-363-03 $ 300.00 91. 4805 Glengary Place 371-183-14 $ 1,485.00 92. S H Street 372-031-12 $ 894.00 93. 3705 Harris Road 371-491-02 $ 889.00 94. 1901 Harry E. Yarnell Court 372-291-34 $ 300.00 95. 7204 Hayden Hill Street 516-405-06 $ 300.00 96. 4709 Jackson Ridge Avenue 514-591-45 $ 250.00 97. 602 Lake Valley Drive 516-291-21 $ 724.00 98. 3121 Leonard Street 023-363-09 $ 300.00 99. 4602 Lonerock Avenue 514-582-01 $ 750.00 100. 2701 Macau Street 514-541-01 $ 769.00 101. 2705 Macau Street 514-430-10 $ 105.00 102. 1500 Pacheco Road #6 171-200-06 $ 700.00 103. 5900 Ream Way 413-052-19 $ 105.00 104. 7707 Snowbird Street 516-352-02 $ 600.00 November 18, 2011, 1:47PWkd S:\Dana\ADMINS\2011\DEC\12-14-Property Abatement_Demo.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 7/Councilmember Johnson 105. 7513 Stargaze Drive 106. 6300 Stine Road 107. 4001 Thatch Avenue 108. 2801 Trentino Avenue 109. 6851 Wible Road 516-311-01 $ 700.00 371-440-20 $ 690.00 371-343-01 $ 300.00 514-543-03 $ 700.00 515-032-07 $ 300.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. November 18, 2011, 1:47PM/kd S:UDana\ADMINS\2011\DEC\12-14-Property Abatement_Demo.doc MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Chris Huot, Administrative Analyst III December 9, 2011 CITY ATTORNEY CITY MANAGER Resolution approving an application proposing proceedings for annexation of inhabited territory to the City identified as Annexation No. 619 consisting of 45.59 acres located generally south of Taft Highway and east of South H Street. (Ward 7) APPROVED DEPARTMENT HEAD RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The property owners of the West Hills Mobile Home Park and the Southland Mobile Home Park submitted written consent initiating annexation of their property into the City. Additionally, a covenant requiring annexation into the City is in place due to the properties currently receiving City sewer service under a prior agreement. The two additional property owners within this annexation area did not submit letters to the City - however, one of the property owners had contiguous parcels of land included in a previous annexation and did not protest annexation at that time. Staff believes the property owner will not oppose the annexation process. The remaining property owner was contacted through notifications required by the City's annexation policy, but to date staff has received no correspondence. Consistent with the City's annexation policy, staff conducted a neighborhood meeting on October 11, 2011, at the Ben Austin Senior Center, with residents of the mobile home parks to discuss the process of and to answer questions about annexation. Property owners and residents were in attendance at the community neighborhood meeting, as well as various City staff members, County staff members, Ward 7 City Councilmember Russell Johnson, 5t' District Kern County Supervisor Karen Goh and LAFCo Alternate Commissioner Barbara Fowler. Those in attendance had several questions for City staff regarding the reason for the annexation, changes residents will experience due to annexation and the annexation process. Pursuant to the City's annexation policy, no later than 20 days prior to the December 14, 2011 City Council meeting, staff sent packet of information, including a self-addressed postcard, to all property owners and residents within the annexation area. The recipients were requested to return the cards to the City indicating support, opposition or no preference to the proposed annexation. Staff sent a total of 264 notices to property owners and residents. As of December 9, 2011, the City received a total response rate of 9.8 percent. Approximately 3 percent of the respondents supported annexation, 3 percent of the respondents had no preference and 3.4 percent of the respondents were opposed to annexation. Please note approximately 29.5 percent ADMINISTRATIVE REPORT Page 2 of the notices were returned undeliverable (primarily due to vacant spaces at the mobile home parks). Approximately 60 percent of the postcards were not returned as of this date. Based on the above results, the City proposes to annex the properties within the proposed annexation area and begin the annexation process. It is noted that residents and property owners within the annexation area will be provided with due process during the LAFCo proceedings and approval of this resolution only provides staff with the ability to apply for annexation with LAFCo. LAFCo proceedings provide further notification and public hearing opportunities for property owners and residents to support or oppose annexation. This resolution of application proposes proceedings for annexation of inhabited territory to the City of Bakersfield. The proposed annexation identified as Annexation No. 619 consists of 45.59 acres located generally south of Taft Highway and east of South H Street. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The area is developed with two mobile home parks, an RV park, a self-storage facility and a mobile homes sales facility. This process has been in accordance with the City of Bakersfield's inhabited annexation policy. Per prior correspondence with the County Administrative Office, the exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of Kern. CH:rfro S \Annexations\6' 9 - South H t 3\Souih H Street #?,1Res of Application\Admin Report - Ann 619 - South H 3 - CH.doc MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: November 18, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving application for annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 624 consisting of 17.28 acres, located along the north side of Taft Highway, east and west of Stine Road. (Wards 6 & 7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This item was continued from the November 16, 2011 City Council meeting. Councilmember Johnson requested the continuance to allow Councilmember Sullivan who was absent time to review and vote on this item. The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. Annexation No. 624 is located along the north side of Taft Highway, east and west of Stine Road. This annexation includes 9 parcels on 17.28 acres. These parcels are surrounded by city limits on three sides and create a county strip within the area. Property owners Leroy & Rose Grider and Panama Elementary School submitted written request for annexation into the city. The other 6 properties were added to the annexation at the direction of LAFCO to prevent creation of a small county island (once pending annexations are approved south of Taft Highway). These property owners were contacted by City staff but only Herold & LaVerne Heron responded that they were not interested in annexation; there was no reply from property owners David & Patricia Stephens, Paul Rubio or the Robert Larry Boyles Trust. All parties will have an additional opportunity to voice their acceptance/rejection as they will receive notice of the public hearing before LAFCO when annexation of this area is considered. The annexation is adjacent to the City limits and within the City's Sphere of Influence boundary. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. JE:DL\ S:\Dana\ADMINS\2011\DEC\12-14-Ann 624- continued from 11-16.doc A R4 ADMINISTRATIVE REPORT MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q , k TO: Honorable Mayor and City Council FROM: Douglas Greener, Fire Chief DATE: November 22, 2011 APPROVED DEPARTMENT HEAD 171 CITY ATTORNEY V&_ CITY MANAGER & SUBJECT: Homeland Security Grants on behalf of the Kern Operational Area 1. Resolution determining that the City Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California to the County of Kern and through. the County of Kern to the City of Bakersfield. 2. Memorandum of Understanding with the County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment, training and other professional services. 3. Appropriate $220,000 FY2010 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Resolution, Memorandum of Understanding, and appropriation of grant funds. BACKGROUND: 1. Resolution for Authorized Agent - Homeland Security Grants This Resolution appointing the City Manager as the City agent and the Memorandum of Understanding between the City of Bakersfield ("City") and the County of Kern ("County") are necessary because the County is the designated sub-grantee for Homeland Security Grants on behalf of the Kern Operational Area. As required by Grant Guidelines, the designated Anti- Terrorism Approval Body ("Approval Authority") includes the County Fire Chief, the Sheriff, the Emergency Medical Services Department Director, and a representative from both the Kern Police Chiefs and Kern Fire Chiefs Associations. The Approval Authority approves grant applications and expenditures of grant funds 2. Memorandum of Understanding - Homeland Security Grant C:\Users\cblair\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\80VGQH 18\County MOU SHSP Grant appropriation 12 14 1 Ldoc The Memorandum of Understanding addresses specifics of the State Homeland Security funding agreement between the City of Bakersfield and Kern Operational Area and outlines the process for the allocation of FY2010 State Homeland Security grant funds to the "Bakersfield Fire Department Response and Equipment Project." The MOU will allow the procurement of specialized equipment on behalf of the City of Bakersfield, as a local government entity, on behalf of the Kern Operational Area. 3. Appropriate $220,000 FY2010 - Homeland Security Grant The State Homeland Security grant funded "Bakersfield Fire Department Response and Equipment Project" will procure Self Contained Breathing Apparatus (SCBA) to replace existing and outdated equipment. On December 14, 2011, City Council will be requested to approve, as a separate agenda item under the above noted MOU, the award of the SCBA purchase agreement in the amount of $1,011,205.46 to Bauer Compressors for the purchase of MSA self- contained breathing apparatus (SCBA). Grant funding to procure the SCBA equipment was approved by the FY2010 Homeland Security Grant in the amount not to exceed $220,000. City funds in the Capital Outlay Fund will also be used for the purchase with a total combined funding not to exceed $1,420,000 for this capital improvement project. C:\Users\cblair\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\80VGQH 18\County MOU SHSP Grant appropriation 12 14 1 l .doc 9AK O~ yco~p+g ~ ADMINISTRATIVE REPORT cALIFO MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar APPROVED TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: November 9, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Consolidated Annual Maintenance of IBM servers and Storage Area wor . 1. Resolution determining that Consolidated IBM maintenance cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $60,468. 2. Approve the agreement with Computer Configuration Services to consolidate IBM maintenance contracts for a total amount not to exceed $60,468. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The City of Bakersfield pays maintenance bills to IBM to cover maintenance on IBM servers, storage, and tape equipment. IBM now has a program which will allow the City to consolidate the maintenance invoices into a single invoice through an IBM Premier Business Partner who provides value added services to the City. The City only uses one IBM Premier Business Partner in this capacity, Computer Configuration Services (CCS). CCS was selected as the low bidder for our iSeries server by Council at the meeting of November 9, 2005. Consolidating the maintenance payments will result in a reduction of maintenance fees of approximately $1870 in the current fiscal year and additional savings in future years as well compared to paying the invoices separately. Funds for the maintenance are already in the FY 2011-2012 adopted budget within the General Fund and Equipment Replacement Fund. Approval of the agreement will allow the City to consolidate the IBM maintenance contracts for a cost savings of $1870. Information Technology Division/ECH MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q. rn. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: December 5, 2011 CITY ATTORNEY v~ CITY MANAGER SUBJECT: Amendment No. 1 to Resolution No. 111-11 Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units RECOMMENDATION: Staff recommends adoption of the Amendment. BACKGROUND: Currently there are three (3) Department Head level positions that are compensated with a salary range that is below that of other City Department Heads, in fact, they are compensated below the level of two Assistant Department Head positions. These Department Head positions are the Finance Director, Recreation & Parks Director and the Development Services Director. In November of 2007, staff recommended the Council approve a minor increase to the salary range for these positions in an effort to remedy this situation and provide more equitable compensation for the positions identified. Due to economic concerns present at that time, the Council did not take action on these changes and instead recommended deferment of the adjustments to a future date. As the local economy has begun to stabilize and the City has realized a more positive trend in revenues, it is appropriate at this time for staff to again recommend the necessary adjustments to the salary ranges of the Finance Director and the Recreation & Parks Director positions. This action will bring the compensation for these two Department Head positions in line with the Water Resources Manager and Economic Development Director positions. Due to the fact that the City has been operating without the position of Development Services Director for some time now, only the Finance Director and Recreation & Parks Director positions are being recommended for adjustment. Approval of this Amendment will increase the salary ranges for the two identified positions by 7%. Again, this will bring the compensation for these positions in line with other City Department Heads and cure an ongoing inequity with respect to these positions. S:\Admin Rpts\2011\2011 Amendment No. Ito Reso. No. 111-1 l.doc 12/6/2011 12:13 PM ST:al Ax el ADMINISTRATIVE REPORT c ~t MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: q. n. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 22, 2011 APPROVED DEPARTMENT HEAD A° CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1705 to add territory, Area 2-49 (southeast corner of Stockdale Highway and Nord Road) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. G:\GR0UPDAT\ADMINRPT\2011\12-14\ROI est CMD 2-49.docx BAKE^^ ~lppPOq,p~'rsl ADMINISTRATIVE REPORT ~w..,qL1 0 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: C.1 q 0 TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD 1)4y DATE: November 18, 201 1 CITY ATTORNEY ._1. CITY MANAGER J SUBJECT: Agreement with Kern High School District (KHSD) not to exceed $75,000 paid to the City for use of aquatic facilities for practice and swim meets. (Wards 1, 2 and 6) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield for use of aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool, Jefferson Park Pool, and Dr. Martin Luther King, Jr. Pool for practice and swim meets for payment to the City in an amount not to exceed $75,000. This amount remains the same as 2011. The City has had a long standing agreement with the KHSD to utilize these aquatic facilities from January 30, 2012 through May 29, 2012 at mutually agreed upon times. ds December 6, 2011, 11:12AM S:\ADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\KHSD use of Aquatic Facilities Admin.docx MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: Ci . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 30, 2011 Installation and Access Agreement with Bright House Network, Inc. (no cost to City) for high speed internet service to the Bakersfield Amtrak Station (Ward 2). PPP OVED DEPARTMENT HEAD CITY ATTORNEY ~ CITY MANAGER RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Amtrak recently installed several closed circuit cameras for surveillance at the Bakersfield Amtrak Station located at 601 Truxtun Avenue. Amtrak is now requesting high speed internet service to view live-feed of the closed circuit camera system at a remote security facility. This new service requires Bright House Network, Inc. (BHN) to install a conduit and fiber optic cable to the facility through the parking lot. The new conduit will be installed by directional boring to limit damage to the existing asphalt surfacing. Amtrak will be responsible for all costs associated to the high speed internet service and installation. The City will incur no costs for this agreement. Therefore, there is no General Fund impact. (NF GS) December 1, 2011, 12:30PM G: \G ROUPDAT\ADMI N RPT\ADMI NFORM.doc ow, ADMINISTRATIVE REPORT Y s 1 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 8, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY y CITY MANAGER SUBJECT: Agreement with Wilson & Associates (not to exceed $109,200.00) to provide Continuing Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 & 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City currently has 20 active Assessment Districts, with a total bonded indebtedness of $58,600,000, which all require Continuing Disclosure Certificates. The City has covenanted in its respective Continuing Disclosure Certificate for the benefit of the Bondholders to provide an annual report containing certain financial information and operating data relating to each Assessment District and the property within the Assessment District. This covenant has been made in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of reporting requirements. Wilson & Associates is well qualified and experienced in. Assessment District disclosure issues and in the preparation of annual continuing disclosure reports. The company was selected as the Assessment Engineer for many of the existing Districts and has a clear and detailed knowledge of each Districts' specific project and debt service components. Approval of this agreement will allow the City to continue using a well qualified and experienced professional consultant to prepare the various Continuing Disclosure Reports and meet the deadlines imposed by the Securities and Exchange Commission. The consultant has held their pricing structure flat for several years and is not proposing any type of fee increase in this years' services. There is no General Fund impact regarding this agreement. The cost of these services will be charged to the respective Special Assessment Districts. S:\Admin\Admin Reports\Wilson & Assoc Cont Disc A!{E ADMINISTRATIVE REPORT C ''~ixt ate' LIFO MEETING DATE: December 14, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 1, 2009 Consultant Agreement with Soils Engineering Inc. ($678,625.00) to provide materials testing services for calendar years 2012 and 2013 (All Wards). APPROVED DEPARTMENT HEAD A CITY ATTORNEY D_ CITY MANAGER ~c•J RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: As part of the construction inspection of the City's Capital Improvement Program projects, various materials used in that construction must be tested for compliance with the projects' specifications. The City does not have the staff or the equipment necessary to perform those tests or analyses. Therefore, the City has entered into agreements with local testing laboratories for providing the required services. Staff requested Statements of Qualification and Proposals (SOQ&P) from material testing firms. Four firms (BSK & Associates, Krazon & Associates, Soils Engineering Inc., and Salem Engineering Group, Inc.) submitted their SOQ&P's to the City on November 10, 2011. Staff then reviewed those statements of qualifications and fee proposals. As a result of that review, the staff selection committee ranked the firms based on a combination of qualifications first and estimated fee second. Staff recommends award of this agreement to Soils Engineering Inc. based on the combination of their qualifications and fee rates being the most beneficial for the City. It should be noted that Soils Engineering Inc. is the current materials testing consultant and has performed well during the current contract period. The contract amount was based on an analysis of past and projected testing levels and the pricing structure submitted by Soils Engineering Inc. Funding for this agreement will be paid for through the actual projects that are currently budgeted. No additional appropriations are anticipated. RM (Construction) GAGROUPDATADMINRPT\2011\12-14\Soils On-call (Rev1).doc MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: q .5 TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 30, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Consultant Agreements with McIntosh & Associates ($200,000), Meyer Engineering ($200,000) and MNS Engineers ($200,000) to provide "on-call" construction inspection services for Development Projects and Capital Improvement Program. (All Wards) RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: To expedite the delivery of the Capital Improvement Program (CIP) and to supplement the demand for inspections related to development and subdivisions, staff implemented an "on-call" inspection program in 1996. This program augments current Construction Division staff by providing contract inspection services as needed for various City inspection demands. The program has proven to be very effective in maintaining staffing to provide timely response of the City's inspection responsibilities. These agreements will allow these programs to continue and are for construction inspection services for calendar years 2012 and 2013. In October, 2011, staff sent a Request for Proposals to local engineering firms. On November 10, 2011, six firms submitted responses: McIntosh and Associates, Meyer Engineering, MNS Engineers, AECOM, Porter & Associates and Quad Knopf. After reviewing the submitted Statements of Qualifications and fee proposals, and based primarily on qualification scores of individual inspectors and secondarily on hourly rates, staff recommends approval of agreements with the following firms as being the most favorable to the City: McIntosh and Associates (two inspectors) Meyer Engineering (two inspectors) MNS Engineers (two inspectors) Both McIntosh and Associates and Meyer Engineering have effectively performed inspection services for the City in the past. While MSN Engineers has not previously performed inspection services for the City, the experience of their staff and their positive references indicate that they are fully capable of performing these services. It should be noted that all three firms are local businesses. The contract amounts were based on current inspection staffing levels and projected project workload. No appropriations are necessary since these agreements will be funded by either budgeted capital improvement projects or by inspection fees collected from developers. RM (Construction) GAGR0UPDAT\ADMINRPT\2011\12-14\AdMin Reportlnspec 2012-13 (Rev1).docx GG BA A QL r~p{r0NA •S ADMINISTRATIVE REPORT 1l. 10 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 16, 2011 Agreement with Polydyne, Inc. ($461,904.00) to provide dewatering polymer for Wastewater Treatment Plant No. 3 (Ward 6). APP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The wastewater treatment process at Plant No. 3 requires that sludge undergo a dewatering process. The goal of the dewatering process is to efficiently produce a sludge cake that can be transported off site for disposal or beneficial use. Polymers are an essential ingredient in the dewatering process. The efficacy of a polymer is determined by its ability to capture solids and produce a dry sludge cake. Request for Qualifications and Proposals (RFQ/P) were sent to suppliers for the dewatering polymers contract. Parties interested in submitting a proposal were required to provide on-site demonstrations testing the efficacy of their product on Plant 3's equipment. Four suppliers responded to the City's RFQ/P for supply of dewatering polymer: Ashland, BASF, Polydyne and 3-F. Each of these four firms conducted on-site trials of selected polymer products using the treatment processes at Plant 3. Only suppliers achieving the minimum requirements of 95% solids capture and an 18% cake solids concentration were allowed to submit product costs proposals. Two of the four suppliers met the treatment process requirements: Ashland and Polydyne. The per unit price of the polymer product from the two vendors was only part of the selection process. The costs associated with the efficacy of the product were also considered. For instance, a product with lesser efficacy would require more treatment processes. The formula used to evaluate costs proposals is shown below: Current Cake % Annual Cost = (Price of Polymer * Annual Polymer Quantity) + [(Current H&D Costs * ( Test Cake % ~ Price of Polymer = proposal price supplier provided PW WW/ Is G:\GROUPDATWDMINRPT\2011\12-14\Supply of Dewatering Polymers WWTP 3 - Revised.docx November 17, 2011, 8:23AM ADMINISTRATIVE REPORT ` Annual Polymer Quantity = `Dosage * Annual Sludge Quantity J Capture Efficiency Current H&D Costs= $82,000 Current Cake 18% Test Cake value from trial runs As noted in the above formula, cost estimates include polymer dosage, capture efficiency, cake dryness and product cost in determining the estimated annual cost for each product. The RFQ/P provided a detailed description that would be used when staff evaluated cost proposals. The estimated annual cost proposal from each of the suppliers for the lowest potential polymer dosages are: SUPPLIER AMOUNT Polydyne, Inc. Riceboro, GA $461,904.00 Ashland Hercules Wilimington, DE $595,599.00 Staff recommends award of the Agreement to Polydyne as the supplier for the polymer product based on their proposal being the most favorable to the City. This contract is renewable annually for three consecutive one-year terms at the City's option and upon mutually agreeable terms. Sufficient funds are budgeted within the Sewer Enterprise Fund for this Agreement. There is no General Fund impact associated with this contract. PW WW! Is GAGR0UPDAT\ADMINRPT\2011\12-14\Supply of Dewatering Polymers WWTP 3 - Revised.docx November 17, 2011, &23AM A CA 02,E s ADMINISTRATIVE REPORT IF MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q . u . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 29, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement for Mitigation of Public Facility Impacts (Pending Annexation 500 - Ward 3): 1. Agreement with the County of Kern and Wal-Mart Real Estate Business Trust for construction of public facility improvements on Olive Drive and State Route 99. 2. Appropriate $3,000,000 Developer share of project cost (which will be remitted to the County) to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: The Wal-Mart Real Estate Business Trust (Property Owner) owns 40.34 acres west of State Route 99 and south of Olive Drive. This property is currently located within the County. The Property Owner contacted City staff requesting to annex to the City and to construct a new store south of Olive Drive, between Knudsen Drive and State Route 99. The City then initiated Annexation 500 which included the 40.34 acres in addition to other real property. The County initially objected to this Annexation. All three parties continued discussions to reach mutually acceptable terms. The County stated that they would not oppose the Annexation if the Property Owner contributed $3 Million to acquire right-of-way and to construct an auxiliary lane on southbound State Route 99, between Olive Drive and State Route 204, as well as related improvements to the Olive Drive to State Route 99 southbound on-ramp. These proposed improvements are located within the County and are on the Traffic Impact Fee Facilities list. The amount paid by the Property Owner will be based upon actual costs incurred by the County, not to exceed $3 Million. Since these improvements are required because of the proposed new store, the Property Owner is willing to pay the not to exceed amount of $3 Million if the City agrees to enter into a future traffic impact fee agreement for this property and/or future projects built by the Property Owner. This is beneficial to the City since the City will receive both property taxes and sales taxes from this Annexation. Upon completion of the proposed improvements, the Property Owner will pay the actual costs, not to exceed $3 Million, to the City. The City will then pay the same amount to the County. Since the Property Owner and the City will enter into a future traffic impact fee credit agreement for the actual construction costs (not to exceed $3 Million), the payment from the Property Owner must be received by the City. There is no General Fund impact associated with this project. bu G:\GR0UPDAT\ADMINRPT\2011\12-14\Tri-Party Agreement.doc BA of pPON,ltpRS Z o c fty IL® LIF ADMINISTRATIVE REPORT MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: q , v, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 1, 2011 Environmental, Engineering and Right-of-way services for the widening of State Route (SR) 58 between PM 52.4/55.4. (Ward 1) (TRIP): Cooperative Agreement with the State of California Department of Transportation (Caltrans) ($3,000,000,00) for Environmental, Engineering and Right-of-way services for the widening of SR-58 between PM 52.4 and 55.4. 2. Reimbursement Agreement with the County of Kern ($1,500,000.00) for Environmental, Engineering and Right-of-way services for the widening of SR- 58 between PM 52.4 and 55.4. 3. Appropriate $1,500,000 County Share project costs to the Public Works Capital Improvement Budget within the Capital Outlay Roads Fund for the Centennial Corridor project. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of agreements and appropriation. BACKGROUND: One of the Thomas Roads Improvement Program (TRIP) projects is the Centennial Corridor, which will connect the Westside Parkway west of SR-99 to SR-58 east of SR-99. When SR-58 east of SR-99 was originally constructed over 30 years ago, the three mile segment from SR-99 to the Cottonwood Road over-crossing was only constructed with four lanes (two in each direction). East of Cottonwood Road, the freeway expands out to six lanes (three in each direction). With existing traffic today, the widening to six lanes of the segment between Cottonwood Road and SR-99 is needed now. It had been planned to accomplish this widening with the Centennial Corridor project. However, in order to expedite this construction and to proficiently use some TRIP federal earmark funds for construction, it was proposed to break this segment of the project out from the Centennial Corridor project and environmentally clear, design and construct the project separately and ahead of the Centennial Project. Because this SR-58 project is widening entirely within existing Caltrans right-of-way (and so requires no additional right-of-way), environmentally clearing this project is much simpler and can be accomplished much quicker than the larger Centennial project. Regardless of which alternative is selected for the Centennial Corridor project, all the alternatives would require Tdw:C:\Users\lskinner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\gUSLP1AS\SR58 Gap Closure Cooperative Agr Admin Rev.doc BA F~OV04l~ S ADMINISTRATIVE REPORT LIFO MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: Cf. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 6, 2011 Widening of Rosedale Highway between Gibson Street and Mohawk Street. (Ward 2) (TRIP): 1.) Agreement with the County of Kern ($1,000,000.00) for the reimbursement of right-of-way costs. 2.) Appropriate $1,000,000 County Share project costs to the Public Works Capital Improvement Budget within the Capital Outlay Roads Fund for the Rosedale Highway Widening project. APPROVED DEPARTMENT HEAD CITY ATTORNEY .Jfhe_ CITY MANAGER RECOMMENDATION: Staff recommends approval of the Agreement and Appropriation. BACKGROUND: The Rosedale Highway Widening Project is part of the Thomas Roads Improvement Program (TRIP) and extends from Gibson Street west to Allen Road. Caltrans, the County and the City are all working together to deliver this project. The City is the sponsoring agency and so once the project is environmentally cleared in 2012, the City will be entering into agreements with consulting firms for design and will be acquiring the right-of-way for the project. The City, County and Caltrans plan to enter into a cooperative agreement in early 2012 to facilitate the relinquishment of Rosedale Highway from Caltrans to the City and the County for their respective areas of jurisdiction between State Route 99 and Allen Road. This relinquishment will enable the use of City and County standards for the construction of the project. City and County standards result in a narrower right-of-way width than the width that would be required by Caltrans. The segment of Rosedale Highway between Gibson Street and Mohawk Street is in the jurisdiction of the County. The County desires that this segment of Rosedale Highway have wider shoulders than that required by City and County standards, and has proposed to pay for the additional right-of-way necessary for these wider shoulders. This Agreement facilitates the reimbursement from the County for the cost of the additional right-of-way necessary for these wider shoulders. Staff recommends approval of the Agreement and the Appropriation. TDW: C:\Users\Iskinner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9USLP1AS\Rosedale Highway County ROW Agreement Admin.doc BA O~ptA I,he S ADMINISTRATIVE REPORT LIFO MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: CJ , X TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 1, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 11-053 with Gilliam and Sons, Incorporated; adding $875,000 (for a total not to exceed amount of $2,315,003) to continue earthmoving and hauling services. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the agreement. BACKGROUND: On May 18, 2011, the City entered into Agreement No. 11-053 for the Annual Contract to provide Earthmoving and Hauling in the amount of $1,440,003; renewable annually thereafter for four consecutive one-year periods. The contract amount was based on an estimate of anticipated work submitted by various departments for a one year period. Subsequent to that date, the following projects arose requiring the use of the contract: 1. The Water Resources Department has used this contract for the construction of the south levee of the Kern River and undertaken an aggressive drainage basin maintenance program as a result of the flooding in December 2010. To date the Water Resources department performed maintenance on 142 drainage basins. Forty- five of these basins are on the priority maintenance list, identifying sixty-nine basins in need of extensive maintenance. The Water Resources Department requests and increase in the amount of $425,000 to complete the levee and drainage basin maintenance projects. 2. The Streets Division requires an additional $450,000 added to meet the hauling services that are required to meet the streets paving projects through the end of the contract term. The original estimate at the time of the bid is insufficient to continue the hauling requirements through the end of the contract term. If approved, Amendment # 1 will add $875,000 for a revised not to exceed amount of $2,315,003. The addition of $875,000 to this contract will be funded with Water Enterprise Funds, Streets Gas Tax Funds and Capital Outlay Funds. No General Funds are associated with this contract amendment. Approval of the amendment will allow the completion of the Water Resources and Streets projects regarding earthmoving and hauling needs for remainder of the contract year. Purchasing Division/ch SAPURCMADMMAmendments 11-12\AC for Earthmoving And Hauling Amendment #1 Agmt. 11-053.docx December 1, 2011, 3:46 PM A ADMINISTRATIVE REPORT FO MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: C1. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: December 1, 2011 CITY ATTORNEY V CITY MANAGER & SUBJECT: Amendment No. 2 to Agreement No. 10-075 with GC Environmental, Inc. ($350,000; revised not to exceed $1,350,000) for Landfill Gas System Services for the Bakersfield Sanitary Landfill Closure Project due to new state regulations (Ward 3). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On June 9, 2010, Agreement No. 10-075 was approved with GC Environmental, Inc. to provide monitoring, reporting, adjusting, repairing, planning, design and construction of additions to the City's landfill gas system all the way through construction of the final cap, which is currently taking place. After the original Agreement was approved by the City Council, new state regulations were enacted, requiring the City to further modify the system. The new regulations required removal of gas from greater depths than specified in the original Agreement. Therefore, the Agreement was amended to provide additional compensation for the extra system modifications. The newly required system modifications were made to extract gas from greater depths and feed it to the existing flare system. However, due to poor gas quality at the greater depth, it would not burn in the existing flare system. Therefore, it became necessary to construct a secondary gas treatment system at an additional cost of approximately $350,000. Funds for the Landfill Closure Project have been reserved for this project and are set aside in a separate fund. Sufficient funds remain in the Project's budget to fund this Amendment. Staff recommends approval of Amendment No. 2 to Agreement No. 10-075 with GC Environmental, Inc. This Amendment increases the not to exceed compensation amount from $1,000,000 to $1,350,000. There is no General Fund impact associated with this Amendment. mh G:\GROUPDAT\ADMINRPT\2011 \12-14\Admin Rpt - Amend (2) to GC Environmental Agmt 10-075_1 (3).doc BAK O~ywVORA S ADMINISTRATIVE REPORT LIFO MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q, Z, TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 1, 2011 APPROVED DEPARTMENT HEAD_ 414 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 10-176 with Polydyne, Incorporated; extending the contract term one year and adding $50,000 (for a total not to exceed amount of $100,173.88) to continue the supply of DAF Polymers. (Ward 6) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 15, 2010, Council approved the Annual Contract for the supply of DAF Polymers to Polydyne, Incorporated in the amount of $50,173.88; renewable annually thereafter for four consecutive one-year periods. The expansion of Wastewater Plant #3 involved adding Dissolved Air flotation (DAF) thickeners process to the treatment plant. The DAF polymer chemical agent is required to thicken and separate the solids from the liquid phase of the sludge. If approved, Amendment No. 1 will add $50,000 for a revised not to exceed amount of $100,173.88, and extend the contract term one year. Funds are available in the Wastewater enterprise operating budget. No General Funds will be used for this contract. Approval of the amendment will allow the Wastewater Treatment Plant to continue to meet the City's wastewater treatment demands for the next year. Purchasing Division/ch S:\PURCHIADMIN\Amendments 11-12\AC for DAF Polymers Amendment #1 Agmt. 10-176.docx December 1, 2011, 2:55 PM BA Q~yM AA A S ADMINISTRATIVE REPORT c91 ;t♦ MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: C( Qa TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: December 1, 2011 CITY ATTORNEY CITY MANAGER- SUBJECT: Amendment No. 3 to Agreement No. 10-177 with Stay Green, Incorporated; extending the contract term one year and adding $100,000 (for a total not to exceed amount of $335,000) to continue the tree trimming maintenance program. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 15, 2010, Council approved the Annual Contract for tree trimming to Stay Green, Incorporated in the amount of $100,000; renewable annually thereafter for four consecutive one-year periods. On May 18, 2011, Council approved Amendment No. 1 adding $35,000 for a revised not to exceed amount of $135,000. On July 13, 2011, Council approved Amendment No. 2 adding $100,000 to the agreement, for a new not to exceed total of $235,000. Continuing the tree trimming maintenance program prevents potential property damage issues and promotes the health of the City's tree inventory. If approved, Amendment No. 3 will add $100,000 for a revised not to exceed amount of $335,000, and extend the contract term one year. Funds are available for tree trimming in the Recreation and Parks operating budget within the General Fund. Approval of the amendment will allow the Recreation and Parks Department to continue the City's tree trimming maintenance program. Purchasing Division/ch S:\PURCHWDMIN\Amendments 11-12WC for Tree Trimming Amendment #3 Agmt. 10-177.docx December 1, 2011, 3:02 PM MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: 0.66. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 1, 2011 APPROVED DEPARTMENT HEA 4A_4-~ CITY ATTORNEY VCS CITY MANAGER & _ SUBJECT: Amendment No. 5 to Agreement 06-053 with Parsons Transportation Group Corporation, ($498,240.00; for a revised not to exceed total of $44,354,007.00) for Program Management Services for the Thomas Roads Improvement Program (TRIP). (Various Wards) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On February 22, 2006, the City Council awarded a contract to Parsons Transportation Group to provide program management services for the Thomas Roads Improvement Program (TRIP). Parsons was selected to manage the TRIP program based on their experience and qualifications. The original RFQ issued in 2005 and the subsequent Agreement No. 06-053 with Parsons had indicated anticipation of amending that Agreement in the future to add both additional time as well as funding. Last spring staff began the process of developing scope and costs for a proposed amendment to this contract with Parsons. During that process, the Federal Highway Administration (FHWA) recommended that a new Request for Qualifications (RFQ) should be issued for the continuation of additional services instead. Because of the new RFQ process the City was unable to award a contract for these additional services for several months. During this time, Parsons and their team of 12 sub-consultants continued advancing TRIP projects under their original agreement. Without this cooperation progress on the projects would have been slowed or potentially even halted while waiting for a new agreement. A new agreement for Program Delivery/Engineering and Environmental Support Services for TRIP and Preliminary Engineering and Coordinating/Managing Completion of the Environmental Document for the Centennial Corridor Loop (SR-58 Connector) Project was awarded by the City Council at the September 14, 2011 meeting. At that time, it was discussed that final invoicing and accounting for the original Agreement (No. 06-053) would not be concluded for several months but once completed, there would likely need to be a concluding amendment for several hundred thousand dollars to the original contract to allow for final reconciliation of Agreement 06-053. Funding for these Program Management Services comes primarily from the federal earmarks received under SAFETEA-Lu, with about 12% of the cost of these services paid from local matching funds. Adequate funds have already been budgeted to pay for this Amendment. Staff recommends approval of the Amendment. Rev.: December 1, 2011, 3:17PM Tdw: G:\GR0UPDAT\ADMINRPT\2011\12-14\Parsons Amendment 5- Admin.docx 14 ADMINISTRATIVE REPORT C ''avr n♦ LIFO MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q. p + TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 1, 2011 APPROVED DEPARTMENT HEAD__ ~ CITY ATTORNEY CITY MANAGER 4S SUBJECT: Amendment No. 2 to Agreement No. 09-171 with Amber Chemical, Incorporated; extending the contract term one year and adding $50,000 (for a total not to exceed amount of $200,000) to continue the supply of Pool Chemicals. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the agreement. BACKGROUND: On December 16, 2009, the City entered into Agreement No. 09-171 for the Annual Contract to provide Pool Chemicals in the amount of $75,000; renewable annually thereafter for four consecutive one-year periods. On November 3, 2010, Council approved Amendment #1 extending the term one year and adding $75,000 for a revised not to exceed amount of $150,000. If approved, Amendment No. 2 will add $50,000 for a revised not to exceed amount of $200,000, and extend the contract term one year. Funds are available in the Recreation and Parks annual operating budget within the General Fund. Approval of the amendment will extend the contract term one year and provide the funding needed to continue the operation of the pools for the next year. Purchasing Division/ch S:\PURCH\ADMIN\Amendments 11-12\AC for Pool Chemicals Amendment #2 Agmt. 09-171.docx December 1, 2011, 3:09 PM A 0 d ADMINISTRATIVE REPORT 1 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q. A& TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: December 1, 2011 APPROVED DEPARTMENT HEAD C CITY ATTORNEY CITY MANAGER SUBJECT: Habitat Monitoring of the Buena Vista Lake Shrew for the Kern Fan Water Recharge Site: 1) Amendment No.1 to Agreement No. 11-017 with Live Oaks Associates, Inc. ($35,000; revised not to exceed $105,885) to conduct Years Seven and Eight Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge Area located in the City's 2800 Acre Facility. 2) Appropriation of $35,000 from the Agricultural Water Fund Balance to the Water Resources Operating Budget to fund the amendment to the habitat monitoring program. (Ward Number 4) RECOMMENDATION: Staff recommends approval of amendment and the appropriation. BACKGROUND: On October 11, 2005, the City entered into Agreement No. WR 05-035 in the amount of $7,500 with Live Oaks Associates, Inc. to complete Year One Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge site located in the City's 2800 Acre Facility. The work entailed the establishment of permanent sampling points, photo points, the collection of baseline vegetation data, and the preparation of an annual report with findings from the baseline surveys that were submitted to the United States Fish and Wildlife Service (USFWS). On September 15, 2006, the City entered into Agreement No. WR 06-035 in the amount of $9,800 with Live Oaks Associates, Inc. to complete Year Two Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge site. The Year Two annual work at the site included additional monitoring of permanent sampling points and photo points that were established during Year One baseline monitoring and the preparation of an annual report to the USFWS. On March 6, 2007, the City amended (No. 1) Agreement No. WR 06-035 in the amount of $3,900 increasing the total amount for Year Two Monitoring to $13,700 with Live Oaks Associates, Inc. The additional funding was provided to allow the consultant additional hours to complete the monitoring and other field survey work necessary for Year Two monitoring of the site including preparation of an annual report required by the USFWS. A U C7 ADMINISTRATIVE REPORT On October 1, 2007 the City amended (No. 2) Agreement No. WR 06-035 in the amount of $33,285 with Live Oaks Associates, Inc. to complete Years Three and Four Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge site. The Years Three and Four annual work at the site included additional monitoring of permanent sampling points and photo points that were established during Year 1 baseline monitoring and the preparation of an annual report with findings from surveys submitted to the USFWS. On October 14, 2009 the City amended (No. 3) Agreement No. WR 06-035 in the amount of $12,000 with Live Oaks Associates, Inc. to complete Year Five Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge site. The annual work at the site included additional monitoring of permanent sampling points and photo points that were established during Year One baseline monitoring and the preparation of an annual report with findings from surveys submitted to the USFWS. On February 16, 2011 the City entered into Agreement No. 11-017 (amendment 4 to Agreement No. WR 06-035) in the amount of $25,600 to allow Live Oaks Associates, Inc. to conduct Years Six and Seven Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge Area located in the City's 2800 Acre Recharge Facility. The work performed by the consultant included the Year Six monitoring and preparation of the annual report with findings from field surveys as required by the United States Fish and Wildlife Service (USFWS). Additional work performed by the consultant under this agreement also included assistance to the City in the development of a new Enhanced Habitat Management Plan for the United States Fish & Wildlife Service in lieu of the Year Seven monitoring activities. Amendment No. 1 will modify the agreement (No. 11-017) to allow Live Oaks Inc. to conduct Years Seven and Eight Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge Area. The amendment also requires the consultant to provide the City technical assistance for the preparation of and issues related to the City's new Enhanced Habitat Management Plan recently submitted to the United States Fish and Wildlife Service (USFWS). This ongoing work is necessary to prevent the Federal Government from restricting the normal operations of our 2800 Acre Water Banking. An appropriation of $35,000 from the Agricultural Water Fund Balance is necessary to fund the amendment to the annual habitat monitoring program. No General Fund dollars will be used for this service. December 1, 2011 SA2011ADMIN REPORTSWR A.+ U p ADMINISTRATIVE REPORT F MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: CO TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 1, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Orders No. 12 and 14 to Agreement No. 08-214 with Security Paving Company, Inc. ($46,411.82; for a revised not to exceed amount of $29,147,121.72) for the Construction of the Westside Parkway Phase I Project (TRIP) (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project consists, in general, of construction of the first phase of the Westside Parkway project which includes the new construction and widening of Mohawk Street from Rosedale Highway to Truxtun Avenue. The project includes bridges over the Kern River, the BNSF railroad, as well as over the future Westside Parkway. The roadway includes provisions for on and off ramp connections to the future Westside Parkway. Change Order No. 12 provides for modifications to the traffic signal at the intersection of Mohawk Street and Refinery Way. After the project was bid, staff finalized negotiations with the property owner on the east side of Mohawk Street at Refinery Way. As a result of this negotiation, this intersection was re-designed to provide better access to this property. This change order covers the electrical modifications needed and results in a net increase of $20,740.40. Change Order No. 14 provides for cutting concrete piles for the Kern River Bridge to the proper elevation after the piles were driven into the river bed but failed to reach their designed bottom tip elevation. The contractor performed this work under protest, and the issue was taken to the Dispute Review Board assigned to this project. The Board's recommendation was to split the total cost 50-50 between the City and the contractor. The amount for this change order is the City's share of the total cost. This change order results in a net increase of $25,671.42. Staff recommends approval of Contract Change Orders No. 12 and 14. Change Orders to date, including these proposed Change Orders, total $1,418,901.91. This is a 5.1% increase over the Agreement as illustrated below: • Original Contract Amount = $ 27,728,219.81 • Previous Change Orders = $ 1,372,490.09 Current Change Orders No. 12 and 14 = $ 46,411.82 Amended Contract Agreement after Change Orders = $ 29,147,121.72 Net Increase to date = $ 1,418,901.91 Sufficient funds have been previously budgeted to pay for these contract change orders. Tdw:G:\GR0UPDAT\ADMINRPT\2011\12-14Wdmin Rpt CCO 12 and 14 WSPA.docx A24 ADMINISTRATIVE REPORT c~ . F MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: . PI TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 1, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY y~ CITY MANAGER_& SUBJECT: Contract Change Order Nos. 8, 15, 19, 20, 23, and 27 to Agreement No. 09-076 with Security Paving Company, Inc. ($103,943.50; for a revised not to exceed amount of $84,072,500.21) for the Construction of the Westside Parkway Phase II Project (TRIP) (Wards 2, 4 and 5). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This phase of the Westside Parkway Project includes the construction of a 6-lane freeway from Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at Mohawk St, Coffee Rd, Calloway Dr and a bridge structure for Jewetta Avenue (no interchange at this location). Change Order No. 8 provides for additional trenching and shoring to allow the installation of an 8- inch gas line. This gas line was going to be relocated by Southern California Gas Company at the City's expense. By having the contractor do this work, the City is saving both time and cost. This change order results in a net increase of $17,977.37. Change Order No. 15 provides for the installation of additional 30" reinforced concrete pipe needed for the project. The bid quantity prepared by the engineer is not sufficient to complete one of the drainage systems for the project. This change order results in a net increase of $11,066.44. Change Order No. 19 provides for adding integral color to a portion of the concrete for the Calloway Drive and Jewetta Avenue bridges. When bid, these bridges mistakenly did not include integrally colored concrete in the bid specifications. In an effort to maintain uniformity and consistency within the Westside Parkway Corridor, this integrally colored concrete was added to the railing portions of the bridges. Other portions of these bridges without integrally colored concrete will be stained to match so that all the bridges will appear consistent. This change order results in a net increase of $23,238.17. Change Order No. 20 provides for modifications to a drainage system on Coffee Road. This drainage system is in conflict with an existing water main pipeline. This conflict would have required installing a water valve that was not originally anticipated in order to shut down the water system to mitigate this conflict. To avoid installing this water valve and shutting this water system down, modifications to the drainage system is a better and more economical solution to this conflict. This change order results in a net increase of $14,590.27. Tdw:G:\GR0UPDATWDMINRPT\2011\12-14Wdmin Rpt CCO 8,15,19,20,23, and 27 WSP-2.docx At+ ADMINISTRATIVE REPORT t Change Order No. 23 provides for additional diaphragms for the bridges over the Friant-Kern Canal. The plans as bid did not originally specify a continuous diaphragm between the mainline freeway and the Coffee Road off-ramp bridges. The engineer has recommended installing this continuous diaphragm. This change order results in a net increase of $22,271.25. Change Order No. 27 provides for additional work needed at the mini-mart gas station parking lot at the northeast corner of Coffee Road and Brimhall Road. The original plans as bid show to rebuild the curb and gutter along this property; however, this work resulted in unanticipated drainage problems in the gas station parking area. This change order results in an estimated not to exceed amount of $14,800.00. Staff recommends approval of Contract Change Order Nos. 8, 15, 19, 20, 23, and 27. Change Orders to date, including this proposed Change Order, total $7,500,055.14. This is a 9.8% increase over the Agreement as illustrated below: • Original Contract Amount = $ 76,572,445.07 • Previous Change Orders (Notes 1 and 2) _ $ 7,396,111.64 • Current Change Order Nos. 8, 15, 19, 20, 23, and 27 = $ 103,943.50 • Amended Contract Agreement after Change Orders = $ 84,072,500.21 Net Increase to date = $ 7,500,055.14 Note 1: Most of the cost for the current Change Orders to date is due to Change Order No. 21 ($5.9 million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the City was always paying for, but which was originally to be constructed by the KCWA. Later after the Westside Parkway Phase 2 had bid, the KCWA requested that the City construct this box culvert instead of KCWA. Note 2: When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available State funding to build the project in a timely manner. This resulted in portions of the project being bid with less than final design work completed, and as such, a higher amount of change orders than normally anticipated are expected as the construction progresses. However, because of the extraordinarily favorable bid climate at the time, the City was able to extend the project limits from Coffee Road all the way to Allen Road on top of keeping all the State funding intact. Funds have been budgeted for future potential change orders. These series of actions have been in the best interest of completing this Project, which is a critical component of the TRIP program. Sufficient funds have been previously budgeted to fund these contract change orders. Tdw:G:\GROUPDATWDMINRPT\2011\12-14\Admin Rpt CC0 8,15,19,20,23, and 27 WSP-2.docx MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: Q TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Bauer Compressors, Incorporated, in the amount of $1,011,205.46 for the purchase of MSA self-contained breathing apparatus for the Fire Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for fire safety equipment. Four (4) bids were received in response to the solicitation. The Fire Department currently uses Survivair brand self-contained breathing apparatus. Staff has conducted a yearlong performance test of various breathing apparatus. After conducting those tests, the MSA brand equipment was found to best meet the needs of the department. This purchase will completely replace the existing breathing apparatus used by all Fire Department personnel. The change is being made globally to remove any variance in operation of equipment and to ensure the highest level of safety for our Fire employees. Funds are budgeted in the Capital Outlay Fund to complete this purchase. The four (4) bids received are as follows: BIDDER AMOUNT Bauer Compressors, Inc. $1,011,205.46 Livermore, CA Seawestern, Inc. $1,194,733.54 Kirkland, WA Mallory Fire $2,026,089.47 San Bernardino, CA United Fire Equipment Co. $2,157,830.32 Tucson, AZ Staff finds the bid submitted by Bauer Compressors, Incorporated to be acceptable. Purchasing Division/kb S:IPURCHWDMINWdmin 11-12\MSA Self Contained Breathing Apparatus, 11-12-49, December 14, 2011.docx MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 1, 2011 CITY ATTORNEY CITY MANAGER & SUBJECT: Accept bid from HD Supply WW, in the amount of $62,013.18 for sewer supplies for use by the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers of sewer maintenance supplies. Two (2) bids were received in response to the solicitation. The Streets Division is responsible for the maintenance and repair of sewers and for raising manholes after street resurfacing or reconstruction has been completed. Bids were solicited for a list of various sizes of sewer pipe, fittings and couplers, and manhole adjusting rings used to complete these projects. Funds for this purchase of supplies are budgeted within the Sewer Enterprise Fund. Therefore, there will be no General Fund impact associated with this purchase. The two (2) bids received are as follows: BIDDER A OUNT HD Supply WW $62,013.18 Bakersfield, CA (County) Groeniger & Company $68,356.04 Bakersfield, CA (County) Staff finds the bid submitted by HD Supply WW to be acceptable. Purchasing Division/kb SAPURMADMINWdmin 11-121Sewer Supplies, 11-12-51, December 14, 2011.docx MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: Q. i j. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 2, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Myers & Sons Hi-Way Safety, Inc., in the amount of $87,709.05 for traffic cones, delineators and barricades for use by the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of traffic safety supplies. Four (4) complete bids and three (3) partial bids were received in response to the solicitation. (See attached spreadsheet). The Streets Division is responsible for traffic control for streets projects, special events and emergencies. Bids were solicited for a list of traffic cones, delineators and barricades necessary for traffic control. Funds for this purchase of supplies are budgeted within the Gas Tax Fund. Therefore, there will be no General Fund impact associated with this purchase. The four (4) complete bids received are as follows: BIDDER AMOUNT Myers & Sons Hi-Way Safety, Inc. $ 87,709.05 Chino, CA Grainger Industrial Supply $104,011.05 Bakersfield, CA White Cap Construction Supply $105,442.84 Bakersfield, CA Custom Products Corporation $105,759.23 Jackson, MS Staff finds the bid submitted by Myers & Sons Hi-Way Safety, Inc., to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 11-12\Trafric Cones, Delineators & Barricades, 11-12-50, December 14, 2011.docx Y ~ ~ ~ S M p u C ~ G (J W ♦ I~ Vj 8 9,i W _ ~ u G O N Y V) Y N N NN^ z J j,( N ~C /ObC p W' S. P h r ,0 IM P CV , = 1 1 1 u N AC N C ~ O l gi N a vPi ~ [ . .pp O - <O 7 1 N O V W 1~ ^ ~ P P ly r P :r 7 V Z W M P 16 b bbb Z O C 00 ~ W ~ O; N 7S O ~ W ~ € O pNmp u < ^ ~ ~ W Ln C c - O C N Y m pp F t V _ N N N N Cl _O M OD N N 881 a C sr P ^ O K i i0 Y1 O 'O f a V7 ~ v7 v1 16 O N u u ~ 0 U 0 u u= U o MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Quinn Company, Bakersfield, in the amount of $514,800 for two (2) replacement articulated four-wheel drive loaders with high lift loading option for use by the Public Works Department, Solid Waste division. (Ward 1) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers of heavy equipment. Three (3) bids were received in response to solicitation. A bid submitted by Volvo Construction did not meet acceptable minimum specifications in some key areas. The Volvo unit did not meet the minimum engine horsepower size and the final drive assembly is outboard instead of inboard. Inboard planetary gears are specified as it applies the full, final torque through the axle shaft and directly to the tires. The bid submitted by Quinn Company, Bakersfield, meets all specifications of the bid. The three (3) bids received are as follows. BIDDER MEETS SPECS AMOUNT YES/NQ Volvo Construction Equipment and Services $375,804.00 NO Bakersfield, CA (county) Quinn Company $514,800.00 YES Bakersfield, CA (county) Coastline Equipment $525,267.60 Not fully evaluated Bakersfield, CA (county) Funds are available in the Equipment Management Fund for the purchase of two (2) replacement articulated loaders with high lift loading options for the Public Works Solid Waste Division. The budget estimate for this purchase was $560,000. These units are being replaced to maintain compliance with California Air Resources Board (CARB) regulatory emission requirements. Staff finds the bid submitted by Quinn Company, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHIADMINWdmin 11-12Wrticulated 4WD loader with high lift, 11-12-46, December 14,201 1.docx December 1, 2011 A ADMINISTRATIVE REPORT MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q. kV. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 1, 2011 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: Accept bid and approve contract to Boething Treeland Farms, Incorporated (not to exceed amount of $75,000) for the annual contract for the supply of plants and shrubs. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to Bid were sent to all registered bidders for the supply of plant material. Three (3) bids and one (1) unacceptable partial bid were received in response to solicitation (see attached spreadsheet). A partial bid received from Tree of Life Nursery was unacceptable as the bidder failed to acknowledge receipt of an Addendum that revised the bid specifications. The bids solicited were based on a list of various sizes and varieties of plants and shrubs to be ordered as needed for seasonal planting and for replacement of damaged landscape plants. In this case, where the City does not intend to split the bid award, the City determines the lowest overall bidder by multiplying the supplier's unit price for each of the items by the estimated number of units for each item. Funds in the amount of $75,000 are budgeted in the Recreation and Parks Department's General Fund Operating budget for this contract. The contract award is for a one-year period; renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. The three (3) acceptable bids received are as follows. BIDDER Boething Treeland Farms, Inc. $48,511.96 Woodland Hills, CA Frantz Wholesale Nursery $52,338.64 Hickman, CA John Deere Landscapes $62,422.18 Cleveland, OH Staff finds the bid submitted by Boething Treeland Farms, Inc., to be acceptable and recommends approval of the contract in the amount of $75,000. Purchasing Division\kb S:IPURCHWDMINWdmin 11-12WC for Supply of Plants and Shrubs, 11-12-52, December 14, 2011.docx December 2, 2011, 10:28AM A-C for Supply of Plants and Shrubs soothing Treeland F I Frantz Wholesale John Deere arms, nc. Nursery Landscapes Bid No 11-12-52 . Woodland Hills, CA Hickman, CA Cleveland, OH ITEM I + DESCRIPTION yoporum -ga each UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE , . to Myoporum, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375 00 Indian Hawthorne, ballerina, 1-gal. 50 Ea 1,96 98.00 2.34 117.00 2.85 . 142.50 Indian Hawthorne, ballerina, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Indian Hawthorne, pink dancer, 1-gal. 50 Ea 1.96 98.00 2.34 117.00 2.85 142.50 Indian Hawthorne, pink dancer, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Daylily, 1-gal. 50 Ea 1.96 98.00 2.18 109.00 3.00 150.00 Daylily, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.85 392 50 Photinia, 1-gal. 50 Ea 1.96 98.00 2.34 117.00 2.75 . 137.50 Photinia, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Viburnum, ]-gal. 50 Ea 1.96 98.00 2.34 117.00 2.85 142.50 Viburnum, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Boxwood. 1-gal. 50 Ea 1.96 98.00 2.34 117.00 2.75 137.50 Boxwood, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.85 392.50 Oregon grape, 1-gal. 50 Ea 3.71 185.50 3.38 169.00 4.50 225.00 Oregon grape, 5-gal. 50 Ea 9.54 477.00 8.84 442.00 12.75 637.50 Privet, I-gal. 50 Ea 1.96 98.00 2.08 104.00 2.50 125.00 Privet, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Gazanias, 1-gal. 50 Ea 1.96 98.00 2.34 117.00 2.50 125.00 Gazanias, 5-gol. 50 Ea 5.83 291.50 6.19 309.50 no bid Fortnight lily, 1-gal. 50 Eo 1.96 98.00 2.08 104.00 2.50 125.00 Fortnight lily, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Starjasmine, I-gal, 50 Ea 1.96 98.00 2.08 104.00 2.35 117.50 Star jasmine, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Aarons beard, ]-gal. 50 Ea 1.96 98.00 2.08 104.00 2.75 137.50 Aarons beard, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Rosemary, 1-gal. 50 Ea 1.96 98.00 2.08 104.00 2.25 112.50 Rosemary, 5-gal, 50 Ea 5.83 291.50 6.19 309.50 7.50 375.00 Agapantha, 1-gal. 50 Ea 1.96 98.00 2.08 104.00 2.75 137.50 Agapantha, 5-gal. 50 Ea 5.83 291.50 6.19 309.50 7.85 392.50 Xylosma, 1-gal. 50 Ea 1.96 98.00 2.18 109.00 2.50 125.00 Xylos Ea 5 5.83 291.50 6.19 309.50 7.50 375.00 a 504 saftwi;#, 6 9e1 5040 A4640 fal, 1 Iiial, so-" MuW fab § @al 6"a iutterwA411wv,1-0e1 60." oUNG A419w, 4 yea{ 60.W Arr+ayewi'ewrI 9-6 6940 Affaye 4,4110w, 6 861, SO." Chinese pistache, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 38.50 2,310.00 Paperbark maple, 15-gal. 60 Ea 38.00 2,280.00 39.52 2,371.20 no bid Liquidamber, 15-gal. 60 Ea 28.62 1,717.20 33.28 1,996.80 50.00 3,000.00 Flowering pear, 15-gal. 60 Ea 29.68 1,780.80 29.64 1,778.40 45.00 2,700.00 Bradford pear, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 35.00 2,100.00 Chinese elm, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 36.50 2,190.00 Eastern redbud, 15-gal. 60 Ea 28.62 1,717.20 30.16 1,809.60 40.00 2,400.00 Western redbud, 15-gal. 60 Ea 34.00 2,040.00 39.52 2,371.20 45.00 2,700.00 Crape Myrtle, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 37.50 2,250.00 Sycamore, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 37.50 2,250.00 Bay, 15-gal. 60 Ea 28.62 1,717.20 33.28 1,996.80 50.00 3,000.00 Valley oak, 15-gal. 60 Ea 28.62 1,717.20 30.16 1,809.60 40.00 2,400.00 Coast live oak, 15-gal. 60 Ea 28.62 1,717.20 30.16 1,809.60 38.50 2,310.00 Interior live oak, 15-gal. 60 Ea 28.62 1,717.20 39.52 2,371.20 40.00 2.400.00 Magnolia, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 38.50 2,310.00 Chinese hackberry, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 38.50 2.310.00 Chinese flame, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 36.00 2,160.00 Golden rain, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 36.00 2,160.00 Canary Island pine, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 37.50 2,250.00 Stone pine, 15-gal. 60 Ea 28.62 1,717.20 29.64 1,778.40 37.50 2,250.00 Bronze loquat, 15-gal. 60 Ea 28.62 1,717.20 37.44 2,246.40 42.00 2,520.00 Fremont's cottonwood, 15-gal. 60 Eo 28.62 1,717.20 29.64 1,778.40 35.00 2,100.00 iWok vA!l Wr fr 9*6 i9 iw. Subtotal 45,232.60 48,800.60 58,202.50 Sales Tax 7.25% 3,279.36 3,538.04 4,219.68 TOTAL ~ $ ~48,511~.96 $52,338.64 $62.422.18 -Ifems Identified by drlkothrough and shading wens delefisd by Addendum prior to bid opening. MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: , j TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 25, 2011 APP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_& SUBJECT: Accept bid and approve contract to Sierra Construction and Excavation Inc. ($67,650.00) for McCutchen Road Sewer Abandonment (Ward 6). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project consists of abandoning the existing 33" sewer line and manholes within McCutchen Road from Ashe Road to Mountain Ridge Drive. The Engineer's Estimate for the project is $115,000. On October 18, 2011, a total of six bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Sierra Construction and Excavation Inc 14024 Desert Rose Ct. Bakersfield, CA 93314 (County) in the amount of $67,650.00 HPS Mechanical Inc. 3100 E. Belle Terrace Bakersfield, CA 93307 (City) in the amount of $84,540.00 ANM Construction and Engineering 208 W. Pillsbury St. Lancaster, CA 93534 in the amount of $111,775.00 West Valley Construction Co. Inc. 580 McGlincy Lane Campbell, CA 95008 in the amount of $112,700.00 Floyd Johnston Construction Co. Inc. 2301 Herndon Clovis, CA 93611 in the amount of $112,715.00 Kern Pacific Construction 4001 Patton Way # 1 Bakersfield, CA 93308 (County) in the amount of $114,000.00 This project is funded with Sewer Enterprise Funds. There is no General Fund impact associated with this project. JC pw/design engineering/EM 11;November 16, 2011, 3:44PM G:\GROUPDATIADMINRPT\2011\12-14\McCutchen Road Sewer Abandonment.doc A 14 S ADMINISTRATIVE REPORT .YI, t MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: q - PAM. TO: Honorable Mayor and City Council PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 16, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Loop Electric, Inc. ($133,329.25) for construction of Traffic Signal and Lighting System Installation at the Intersection of Buena Vista Road and Campus Park Drive (Ward 5). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project consists of installing a complete traffic signal and lighting system at the intersection of Buena Vista Road and Campus Park Drive. The Engineer's Estimate was $119,000. The funding source for this project is traffic impact fees collected from developers. Sufficient funds are budgeted to award the project. On October 19, 2011, a total of four 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 2921 Hangar Way Bakersfield, CA 93308 (County) PTM General Engineering Services, Inc. 5942 Acorn St. Riverside, CA 92504 Tennyson Electric Inc. 7275 National Dr. Ste A2 Livermore, CA 94550 in the amount of $133,329.25 in the amount of $149,791.65 in the amount of $158,158.00 in the amount of $203,164.50 There is no General Fund impact associated with this project. kdb TOK220 November 16, 2011, 3:36PM G:\GROUPDAT\ADMINRPT\2011\11-16\Traffic Signal Buena Vista Rd & Campus Park Dr.doc A covoADMINISTRATIVE REPORT C ~hr u~ IF 0 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calender ITEM: CA. nn. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 15, 2011 Traffic Signal Modification: Stockdale Highway and Montclair Street (Ward 2 1. Accept low bid and approve contract to Loop Electric Inc. ($73,736.00) for project. 2. Appropriate $20,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /GJ RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriation. BACKGROUND: This project, located at the intersection of Stockdale Highway and Montclair St, will replace the existing traffic signal poles and arms. This project will upgrade the left-turn signal heads and improve safety movements within the left turn traffic flow. The Engineer's Estimate for the project is $62,100. On November 8, 2011, a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Loop Electric Inc. 7040 Downing Ave. Bakersfield, CA 93308 (County) in the amount $73,736.00 Tennyson Electric. Inc. 7275 National Dr, Suite A2 Livermore, CA 94550 in the amount $88,788.00 A.C. Electric Co. 315 30'" Street Bakersfield, CA 93301 (City) in the amount $94,220.00 The primary funding source for this project is Proposition 1 B funds. Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality and Port Security Act of 2006, passed in November 2006. The bond, part of a $40 billion infrastructure bond package, provided $19.92 billion for various transportation projects to rebuild California, and in particular included $1 billion for California cities to spend on local transportation priorities. if November 16, 2011, 11:08AM G:\GROUPDATIADMINRPT\2011\12-14\TS Mod Stockdale and Montclair-T3K053.doc ADMINISTRATIVE REPORT City projects funded either partially or wholly with Proposition 1 B funds include: • Allen Road Bridge at Kern River project, • Street Improvements - White Lane from Dovewood Street to Wible Road, • Street Improvements - Stockdale Highway from Country Club Entrance to Ashe Road and from California Avenue to Weatherly Drive Project, and • Pavement Rehabilitation on Stine Road from Panama Lane to Pacheco Road. This traffic signal modification project at Stockdale Highway and Montclair Street will use the last of the City's Proposition 1 B allocation. However, an additional Gas Tax Fund appropriation of $20,000 is needed for potential change orders, in-house inspection services, and other miscellaneous costs. There is no General Fund impact associated with this project. if November 16, 2011, 11:08AM G:\GROUPDAT\ADMINRPT\2011\12-14\TS Mod Stockdale and Montclair-TW53.doc w Au ADMINISTRATIVE REPORT IF MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: q'I TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 1, 2011 Rehabilitation of Three Sewer Lift Stations (Wards 3 and 7): 1. Accept bid and approve contract to HPS Mechanical Inc. ($967,520.00) for rehabilitation of three sewer lift stations (Alfred Harrell Highway 700 feet north of State Route 178; Planz Road at Benton Street; and Panama Lane at Parsons Way, east of H Street). 2. Appropriate $350,000 Sewer Enterprise Fund balance to the Public Works Department's Capital Improvement Budget ($130,000 from Wastewater Treatment Plant No. 2 and $220,000 from Wastewater Treatment Plant No. 3). A PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriation. BACKGROUND: This project consists of rehabilitating three sewer lift stations at the following locations: • Alfred Harrell Highway 700 feet north of State Route 178; • Planz Road at Benton Street; and • Panama Lane at Parsons Way, east of H Street. Currently, these three lift stations require extensive and frequent maintenance repairs. The rehabilitation of these three lift stations will increase the efficiency of sewer pumping operations in addition to reducing the extent and frequency of maintenance repairs. The Engineer's Estimate for the project is $985,600. On November 2, 2011, a total of seven bids were received; six of the bids are acceptable. Those acceptable bids are as follows: HPS Mechanical Inc. 3100 E. Belle Terrace Bakersfield, CA 93307 (City) in the amount of $967,520.00 GSE Construction Co. Inc. 6950 Preston Ave. Livermore, CA 94551 in the amount of $980,900.00 Jc pw/design engineering/Ml13 November 28, 2011, 5:19PM G:\GROUPDATADMINRPT\2011\12-14\Rehabilitation of Three Sewer Lift Stations.doc ADMINISTRATIVE REPORT Nicholas Construction Inc 251 Carsen Way Shafter, CA 93263 D-KAL Engineering Inc. 538 Country Lane San Luis Obispo, CA 93401 Cora Constructors Inc. 75140 St. Charles Pl. #A Palm Desert, CA 92211 W.M. Lyles Co. 1210 W. Olive Ave. Fresno, CA 93728 in the amount of $993,000.00 in the amount of $1,054,359.00 in the amount of $1,098,000.00 in the amount of $1,139,800.00 One bid was found non-responsive because the bidder does not currently meet the Contractor license requirement for this project. This project is funded with Sewer Enterprise Funds. An appropriation of $350,000 is needed to fully fund the contract in addition to funding potential change orders, construction inspection services, and miscellaneous costs. There is no General Fund impact associated with this project. Jc pw/design engineering/EW 13 November 28, 2011, 5:19PM G\GROUPDATWDMINRPT\2011\12-14\Rehabilitation of Three Sewer Lift Stations.doc BA ~y „ a S ADMINISTRATIVE REPORT /FO MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: C4 12. TO: Honorable Mayor and City Council A ROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 28, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Fiscal Year 2010-2011 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006 (Wards 1, 3, 4, 5, and 7). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2010-2011 Annual Compliance Report for Planned Drainage Area Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees for the fiscal year ended June 30, 2011 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas. (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 11, 2012 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G:\GR0UPDAT\ADMINRPT\2011\12-14\PDA annual compliance report admin.doc G A 044 ADMINISTRATIVE REPORT F MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul Rojas, Public Works Director November 29, 2011 Fiscal Year 2010-2011 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006 (All Wards). APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2010- 2011 Annual Compliance Report for Planned Sewer Area Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for the fiscal year ended June 30, 2011 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 11, 2012 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G:\GR0UPDAT\ADMINRPT\2011\12-14\PSA annual compliance report admin.doc A Q~y Floltlt e. ADMINISTRATIVE REPORT c ~t 10 MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: q , Kr- TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD f~ DATE: November 22, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Fiscal Year 2010-2011 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees prepared in accordance with California Government Code §66006 (Wards 3 and 6). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2010-2011 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees (report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Bridge Crossings and Major Thoroughfare Fees for the fiscal year ended June 30, 2011 prepared in accordance with California Government Code §66006. A local ordinance may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares (GC §66484). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 11, 2012 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G:\GR0UPDAT\ADMINRPT\2011\12-14\MBTA annual compliance report admin.doc B A KE[[~~ ~~~COPVaMArge`rs ADMINISTRATIVE REPORT LIFO MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: Cf. 3.5. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD ,l7 DATE: November 18, 201 1 CITY ATTORNEY CITY MANAGER SUBJECT: Fiscal Year 2010-2011 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2010-2011 Annual Compliance Report for Park Impact Fees (Report will be made available at the Recreation and Parks Department). BACKGROUND: Attached is the City of Bakersfield's Annual Compliance Report for Park Impact Fees for the fiscal year ended June 30, 2011 prepared in compliance with California Government Code Section 66006. On November 7, 1990, City Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. On April 19, 1995, City Council established an orderly process for the dedication, reservation and acquisition of park land within the City of Bakersfield for the purpose of supplying public parks and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 2012 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no City Council action is required at today's meeting other than to make the information available to the public. jln SAADMINISTRATION DIVISIONWdmin Rpts12011 Admins\AB 1600 - make available.doc 1 A„ ADMINISTRATIVE REPORT +1AV 1 MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar ITEM: , -ir TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD. . DATE: November 29, 2011 CITY ATTORNEY y~ CITY MANAGER- SUBJECT: Fiscal Year 2010-2011 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006 (All wards). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2010-2011 Annual Compliance Report for Transportation Impact Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees for the fiscal year ended June 30, 2011 prepared in accordance with California Government Code §66006. In April 1992, Council adopted a transportation impact fee program to fund improvements to the Metropolitan Bakersfield transportation system necessary to accommodate future growth. In January 1997, Council adopted Phase II of this program, which was designed to fund more projects and eliminate the need for developers to provide transportation impact studies for most projects. In September 2003, Council adopted Phase III of this program with the intent of updating the program and encouraging in-fill development by creating a Core and Non-Core area within the Metropolitan Bakersfield General Plan limits including individual fee structures for the respective areas. In July 2009, Council approved Phase IV of this program which adopted a regional program and projects development through 2035. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 11, 2012 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G:\GR0UPDAT\ADMINRPT\2011\12-14\TIF annual compliance report admin.doc eovo~~ ADMINISTRATIVE REPORT L FO MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: C1. U U. Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 15, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $97,038 improvement bond proceeds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund to complete partially constructed developer improvements on public right-of-way at the Southeast Corner of South H Street and Panama Lane (Ward 7). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: As part of their improvement agreements, developers are required to construct public improvements in the right-of-way that is directly related to their development. Once these improvements are complete, the City will file a Notice of Completion accepting the improvement into the City's maintenance system. The developer is then responsible for warrantying the project for one year. Once the Construction Division has verified that all warrantee items have been corrected, the Warranty Bond is released. The developer for Parcel Map 11718, located at the southeast corner of South H Street and Panama Lane, has not performed its warranty obligations. Work still needed include stamped concrete for the median and repair of some pavement on Panama Lane. The bonding company for the public improvements for Parcel Map 11718 has provided the City $97,038 to complete the public improvements. The remaining work will be completed by Streets Division staff and the annual concrete contractor. There is no General Fund impact associated with this project. GI / T2K249 G:\GR0UPDAT\ADMINRPT\2011\12-14\PM 11718 (SEC H and Panama).doc Fr B~q+ ADMINISTRATIVE REPORT ~l ~41MY 1 IF MEETING DATE: December 14, 201 1 AGENDA SECTION: Consent Calendar ITEM: , v y. TO: Honorable Mayor and City Council APP OVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 9, 2011 CITY ATTORNEY CITY MANAGER_ SUBJECT: Appropriate $79,048 drainage fees collected for the Tevis Ranch Development area to the Public Works Department's Capital Improvement Budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3) (Ward 5). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The Tevis Ranch development, located south of White Lane and east of Mountain Vista Road, experienced significant flooding during the December 2010 storm. Staff has explored alternatives to alleviate flooding in this area with construction of a lift station being the most viable solution. In order to pursue this alternative, engineering consulting services are required to update the plans and specifications and to provide consulting services during the bidding and construction processes. These engineering services will be authorized under one of the City's current on-call engineering consulting services agreement. Estimated costs for these engineering services are $14,000. By local ordinance, the City has imposed a planned drainage area (PDA) fee for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas. To date, $79,047.41 of PDA fees have been collected for the Tevis Ranch Development. Staff recommends appropriating the entire $79,047.41 in PDA fees to cover both the engineering costs and future construction costs. The amount collected in PDA fees will be insufficient to cover all construction costs. As plans are finalized, estimated construction costs will be more firmly identified. Therefore, additional appropriations from Sewer Enterprise Funds will most likely be necessary. There is no General Fund impact associated with this project. GI / E3K011 G:\GR0UPDAT\ADMINRPT\2011\12-14\Tevis PDA.doc A r U ADMINISTRATIVE REPORT MEETING DATE December 14, 201 1 AGENDA SECTION: Closed Session ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD A;- DATE: October 17, 2011 CITY ATTORNEY V6- CITY MANAGER L SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Cho, Keung v. City of Bakersfield, et al. KCSC Case No. S-1500-CV-272373 WDP VG:Isc S:\COUNCIL\CI Sess\Admins\ 1 1-12\ 12-14-1 1 ExistLlt.docx ADMINISTRATIVE REPORT MEETING DATE December 14, 2011 AGENDA SECTION: Closed Session ITEM: 10,1_1. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: November 10, 2011 APP/ROVED DEPARTMENT HEAD v CITY ATTORNEY V& CITY MANAGER les SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivisions (b) (3) (B) / (b) (3) (C) of Government Code section 54956.9 (Potential litigation/threat of litigation regarding right-of-way issues on Truxtun Avenue). VG:Isc S:\COUNCIL\CI Sess\Admins\1 1-1 2\1 2-14-11 Pokit.docx MEETING DATE: December 14, 2011 AGENDA SECTION: Consent Calendar Hearings ITEM: 1,7_. . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Art Chianello, Water Resources Manager December 1, 2011 APPROVED DEPARTMENT HEAD 4~C7e CITY ATTORNEY / CITY MANAGER & Public hearing to consider an adjustment to the Water Availability Fee for the City of Bakersfield Domestic Water system. (Portions of Wards No. 4, 5, 6 & 7) Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven and Riverlakes Ranch service areas of City of Bakersfield Water System. RECOMMENDATION: Water Board recommends adoption of resolution. BACKGROUND: California Government Code Section 66016 requires that increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. It also requires a local agency to hold at least one open and public meeting regarding the increase. A public hearing to accept testimony regarding the fee increase is scheduled to be held before the Council of the City of Bakersfield on Wednesday, December 14, 2011. A notice of public hearing on the proposed increase in the domestic Water Availability Fee on the City of Bakersfield Domestic Water System was published twice in the local general circulation newspaper on November 21St and November 28th. As of December 1, 2011, the City Clerk and or Water Resources Department have not received any letters protesting or commenting on the fee increase. The current Water Availability Fee charged to ensure water will be available for new development (cost of funding water well construction, water mainline extensions, etc.) is $5,664 per acre. The dollars per acre fee is approximately equivalent to an increase in the one-time charge of $21 on a new single family dwelling. The new Water Availability Fee is to be set at $5,737 per acre to offset increased cost over last year in accordance with the construction cost index as defined in the Bakersfield Municipal Code. The new fee will increase 1.3% and is proposed to be effective March 1, 2012. The fee has not been adjusted since January 1, 2011. The proposed increase in the water availability fee was presented by Water Resources staff to the Water Board at its November 9, 2011 public meeting. The Water Board unanimously approved the fee increase and recommended that the resolution be forwarded to the City Council for adoption setting the domestic water availability fee following a noticed public hearing. SA2011 ADMIN REP0RTS\Dec14ava11Feeinc.doc\MR A OF ADMINISTRATIVE REPORT !p MEETING DATE: December 14, 2011 AGENDA SECTION: Hearings ITEM: 12 TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 28, 2011 APP OVED DEPARTMENT HEAD A~V CITY ATTORNEY CITY MANAGER 4 SUBJECT: Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (Proposed 2.15% increase based upon the Construction Cost Index and 2010 US Federal Census data). (All Wards) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following is the Public Works Director's annual report to the City Council with updated, new, or additional information regarding the fee amount collected for the development of parks within the City. Staff recommends increasing the current $1,680 per dwelling unit fee to $1,716 per dwelling unit (2.15% increase). This increase is based on the rise in the Construction Cost Index (CCI) and the 2010 US Federal Census Data. Recreation and Parks Department staff has reviewed the cost components of the park development fee. The park development fee was last adjusted in May 2010. Informational notices were mailed to the Homebuilders Association of Kern County, the American Institute of Architects, and North Bakersfield Recreation and Parks District. ps G:\GR0UPDAT\ADMINRPT\2011\12-14\Park Dev Fee Admin.docx A ADMINISTRATIVE REPORT Tl MEETING DATE: December 14, 2011 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: December 1, 2011 CITY ATTORNEY APPROVED !1,;;:- t1a CITY MANAGER SUBJECT: Public hearing on Resolution of Necessity ("RON") to determine the public interest and necessity for acquisition of certain real property located at 8601 South H Street, Bakersfield California by eminent domain for a new Interchange at State Route 99 and Hosking Avenue. (Code Civ. Proc. § 1240.010) (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Project: The City of Bakersfield, in cooperation with the California Department of Transportation (Caltrans) District 6, is proposing to replace the existing 2-lane Hosking Avenue OC with a new 6-lane OC with a curbed median, as well as sidewalks and shoulders on both sides. The new connection to SR 99 will be a partial cloverleaf (Type L-9) interchange with loop on-ramps for the eastbound-to-northbound and westbound-to-southbound travel directions and spread diamond on- and off-ramps in the northbound and southbound directions. The resolution adopting a Negative Declaration and Incorporating the Project Into the General Plan Amendment/Specific Plan Line was approved by the Bakersfield City Council on November 17, 2004. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was performed to evaluate the environmental effects of the Project. The Initial Study has shown that the Project would not have a significant effect on the environment. Accordingly, a Mitigated Negative Declaration was approved. Additional Project information is contained In the Final Environmental Document on file at the City of Bakersfield, Public Works Department. The Property to be Acquired: The property proposed to be acquired through the eminent domain action is generally located at 8601 South "H" Street, Bakersfield, County of Kern, California, legally described on Exhibit "1" attached to the Resolution of Necessity and Is Identified as Kern County Assessor's Parcel Number 514-030-11 (the "Property"). The Project would require the City to acquire approximately 0.475 acres of the owner's 16.31 acres (the "Acquisition"). The Acquisition is adjacent to the frontage of SR 99 and is currently vacant. Since the Acquisition is only a small portion of the Property, It will not require the relocation of Property's owners or occupants. The Acquisition is owned by Guru Nanak Mission Sikh Center ("Guru Nanak"). Currently, the Property is the subject of litigation between Guru Nanak and the previous owner of the Property. The pending litigation does not Impact the City's ability to acquire the Acquisition. If the Resolution is adopted, the City will request In Its eminent domain action that It be awarded possession of the Acquisition pending the resolution of the eminent domain action through which the amount of "Just compensation" for the Acquisition will be adjudicated. Once possession of the Acquisition is secured, the City will be poised to receive funding for the construction of the Project. Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the subject property. A proposed Resolution of Necessity is attached to this report and Includes legal descriptions and plat maps of the property to be acquired. All statutory findings have been made and are set forth In the RON. AH/vl S:\C0UNCIL\Admins\11-12 Admins\RON Admin Guru 12-14-2011.docx BAKERSFIELD CITY COUNCIL MINUTES SPECIAL MEETING OF NOVEMBER 7, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting 5:15 p.m. SPECIAL MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Solos, Benham, Weir, Hanson, Johnson Absent: Councilmember Sullivan 2. PUBLIC STATEMENTS a. John Patterson, City employee, and Chuck Waide, SEIU Local 521, spoke in support of the proposed contract for the Blue Cross HMO. Councilmember Benham announced she would abstain due to conflict of interest, potential source of income to her employer, on item 5.a. Councilmember Benham left the meeting at 5:20 p.m. 3. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9 (one matter). Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 5:21 p.m. AB BENHAM Motion by Vice-Mayor Couch to adjourn from APPROVED Closed Session at 5:38 p.m. AB BENHAM RECONVENED MEETING AT 5:39 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed session pursuant to subdivision ACTION (b) (3) (A) of Government Code Section 54956.9 (one matter). Bakersfield, California, November 7, 2011 - Page 2 5. 6. DEFERRED BUSINESS ACTION TAKEN a. Amendment No. 1 to Agreement No. 10-135 AGR 10-135(1) with Anthem Blue Cross for HMO Medical Insurance for Eligible Employees. City Manager Tandy made staff comments, advised that Anthem did not reach a resolution with GemCare so the agreement is back in the same form as originally presented several weeks ago; and, due to time constraints, recommended approval of the agreement. Vice-Mayor Couch asked staff to study the Issues that would be associated with Including the GemCare doctors In the City's future healthcare plan offering. Motion by Vice-Mayor Couch to approve the APPROVED ABS agreement. BENHAM a9 AB SULLIVAN Dr. Jorge Del Toro made comments in support of GemCare. Dr. Javier Bustamante made comments in support of GemCare. Chuck Waide explained that the decision made by Anthem was strictly a business decision between Anthem and GemCare, and neither the City nor the union were allowed any input into that decision. Councilmember Johnson challenged City staff to try to implement and add GemCare onto the healthcare choices for the employees, and to work with them as an additional choice before the first of the year. ADJOURNMENT Mayor Hall adjourned the meeting at 5:59 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 16, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Johnson Absent: Councilmember Sullivan a. Introduction of student body representatives participating in the 57th consecutive Teen City Government Day. Kayla Bernardino, Garces High School; Zach Rhodes, North High School; Brandon Magno, Ridgeview High School; Gader Wren, South High School; Mason Caragao, West High School; Krystal Bermudez, Golden Valley High School; Evie Lawson, Independence High School; Teddie Pierce, Bakersfield High School; Alex Alvarado (absent), East Bakersfield High School; Esteban Espinoza, Highland High School; Karla Murillo, Foothill High School; Leah Moore, Centennial High School; and Janet Yoon, Liberty High School. 2. INVOCATION by Pastor Bill Magsig, Olive Drive Church. 3. PLEDGE OF ALLEGIANCE by Andrea Perez, 4th grade student, Granite Point Elementary School. ACTION TAKEN Mayor Hall acknowledged the students from the Ridgeview High School Government class in attendance at the meeting to learn about City government. Bakersfield, California, November 16, 2011 - Page 2 4. PRESENTATIONS ACTION TAKEN a. Presentation by Caryn Claiborne, Human Resources Analyst II, to department winners of the 2011 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City. Ginger Rubin, City Manager's Office; Patty Beard, Development Services; Misty Glasco, Economic and Community Development; Tera Loveless, Finance; William Ballard and Ernie Medina, Fire; Dennis Park and Cherie Stephen, Police; Carlos Arceo and John Wilburn, Public Works; David Cebreros and Julio Sepulveda, Recreation and Parks; and Mike Vradenburg, Water. The recipient of the Extra Mile Award for 2011 was Connie Walls, Accounting Supervisor, Financial Services Department. b. Presentation by Mayor Hall of Proclamation to Squadron Commander William Keith declaring December 2011, Civil Air Patrol Month. Squadron Commander Keith accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Ray Scott, Administrator for Price Disposal and Chairman for the Greater Bakersfield Green Expo, announced that the City and Keep Bakersfield Beautiful have received three national awards including one for Mayor Hall as Volunteer of the Year. b. Bill Descary spoke in opposition to the High Speed Rail project and submitted written material. C. Zac Griffin and Tina Chapa, with Bike Bakersfield, thanked the City for its hard work in bringing back the AMGEN Tour of California to Bakersfield next year. d. Jeff Tayor, Chairman of Save Bakersfield, and Anil Mehta, spoke in opposition to the High Speed Rail project, requested a public meeting, and submitted written material. Bakersfield, California, November 16, 2011 - Page 3 5. PUBLIC STATEMENTS continued ACTION TAKEN Councilmember Hanson asked that this matter be referred to the Planning and Development Committee. Councilmember Johnson stated it would be more appropriate to come back to the full City Council as an agendized item. Councilmember Benham suggested staff provide suggestions for resolutions that would communicate the City Council's Intentions to the High Speed Rail Authority, and those alternatives could be explored by the entire body. Vice-Mayor Couch suggested that there be an alternative to oppose the project In its entirety, an alternative to move the location of the station, an alternative to not take action, and that Council contact staff with any other recommendations. Councilmember Hanson announced that he would rescind his referral. e. Michael Kennedy with Save Bakersfield spoke in opposition to the High Speed Rail project, requested a public meeting, asked the City to join in a lawsuit against the High Speed Rail Authority and the existing plans, asked that letters requesting realignment be sent to the Authority and the Governor as soon as possible, and submitted written material requesting a public meeting. f. Marvin Dean apologized for having offended anyone by his comments at the last meeting, and thanked staff for meeting with him regarding ward reapportionment. g. Manooshree Patel, representing Chinmaya Mission, spoke in opposition to the High Speed Rail project. h. Mary Helen Barro spoke in opposition to the proposed downtown location of the High Speed Rail. Bakersfield, California, November 16, 2011 - Page 4 6. WORKSHOPS ACTION TAKEN None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 19, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from October 7, 2011 to November 3, 2011 in the amount of $34,634,908.68 and self-insurance payments from October 7, 2011 to November 3, 2011 in the amount of $466,277.62 totaling $35,101,136.30. Ordinances: C. First Reading of Ordinance approving a FR Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from E (Estate) to E-Ch (Estate-Church) on 18.03 acres located at the northwest corner of Reina and Old Farm roads (ZC 11-0271 - McIntosh and Associates, representing the Roman Catholic Bishop of Fresno). d. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Section 6.08.010 relating to fowl. FR 2. Sections 15.65.200, 15.65.210, 15.65.220 FR and 15.65.230 relating to the fire code. 3. Section 17.04.508 relating to roofline. FR 4. Section 17.60.060, Section B.1.f. relating FR to sign development standards. 5. Sections 17.60.070, Subsection G.5 FR relating to electronic signs. Bakersfield, California, November 16, 2011 - Page 5 8. CONSENT CALENDAR continued e. Adoption of Ordinance amending Title 17 of the Municipal Code by changing the zoning from P (Parking) and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on a 0.44-acre portion of an existing shopping center site located south of Brundage Lane approximately 400 feet west of the intersection of Roosevelt Street and South Oleander Avenue (ZC 11-0230 - Kern Land Design representing Y. & R. Lamlaor and W. & R. Johnson). (FR 10/19/11) Resolutions: Resolution approving application for annexation of uninhabited territory to the City identified as Annexation No. 494 consisting of 24.93 acres located along the northwest corner of Snow Road and Calloway Drive. g. Resolution approving application for annexation of uninhabited territory to the City identified as Annexation No. 624 consisting of 17.28 acres located along the north side of Taft Highway and west of Stine Road. h. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. Resolution approving current and future applications for grant funds for the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Action of 2006 (Prop. 84). ACTION TAKEN ORD 4653 RES 106-11 REMOVED FOR SEPARATE CONSIDERATION RES 107-11 RES 108-11 Bakersfield, California, November 16, 2011 - Page 6 8. CONSENT CALENDAR continued j. Resolutions Setting Salaries and Related Benefits: 1. Resolution approving the Memorandum of Understanding Setting Salaries and Related Benefits for the Firefighters and Engineers Unit of the Fire Department. 2. Resolution approving the Memorandum of Understanding Setting Salaries and Benefits for the Fire Supervisory Unit of the Fire Department. k. Resolution Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units. Sewer connection and construction fee assessments: 1. Resolution confirming assessments for sewer connection fee and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: a. William R. Gustin Jr., 18 N. McDonald Way b. Richard E. & Beverly J. Laughman, 7500 Kimberly Ave. C. Donald C. & Victoria L. Rambo, 7512 Hooper Ave. d. Bill C. & Norma J. Johnson, 8001 Kimberly Ave. e. James P. & Kathleen A. Webdell, 7609 Kimberly Ave. f. Thomas H. & Linda Meek, 7509 Hooper Ave. g. Christopher D. & Pamela J. Hillis, 7901 Hooper Ave. h. Kelsie R. Gates, 7509 Kimberly Ave. ACTION TAKEN RES 109-11 RES 110-11 RES 111-11 RES 112-11 AGR 11-129 AGR 11-130 AGR 11-131 AGR 11-132 AGR 11-133 AGR 11-134 AGR 11-135 AGR 11-136 Bakersfield, California, November 16, 2011 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.1. continued i. Jerry Vern & Lynda L. Karr, 7504 AGR 11-137 Kimberly Ave. j. Roger D. & Linda K. Reed, 7703 AGR 11-138 Kimberly Ave. k. Lawrence M. & Lorraine Okumoto, AGR 11-139 7805 Kimberly Ave. M. Resolution authorizing the submission of an RES 113-11 application to the California State Department of Housing and Community Development for funding under the CalHome Program, for a Downpayment Assistance Program ($1,000,000). n. Resolution authorizing the application for State RES 114-11 grant funds ($1,440,000) and participation in the Building Equity and Growth in Neighborhoods (BEGIN) Program for the Creekview Villas, including execution of a Standard Agreement or other documents to secure funding from the California Department of Housing and Community Development. o. Resolution setting rates and equipment RES 115-11 specifications for tow truck services provided pursuant to contract with the City. p. Resolution determining that the Chief of Police RES 116-11 is appointed as agent authorized to execute memorandums of understanding with the Kern allied agencies participating in the Kern AVOID 18 Project funded by a grant from the California Office of Traffic Safety. q. Disposal of Real Property located at 700 Planz Road: 1. Resolution declaring real property surplus RES 117-11 to the needs of the City. 2. Agreement with Jose Ramon Carillo AGR 11-140 ($100,000) for purchase of property. Bakersfield, California, November 16, 2011 - Page 8 8. CONSENT CALENDAR continued Agreements: Agreement between City and the County of Kern regarding apportionment of tax revenues upon annexation of territory to the City of Bakersfield as Annexation No. 637 generally located west of Calloway Drive along the north side of Rosedale Highway. S. Maintenance Agreement with Pampas Del Cielo, LLC, for Parcel Map 10606 located on Woodmere Drive and east of Ashe Road. Utility Agreement with Matrix Oil Corp. ($42,500) for the relocation of electrical facilities located along the east side of Renfro Road at the Westside Parkway Project. (TRIP) U. Amendment No. 2 to Agreement No. 10-1 14 with Leverage Information Systems, Inc. ($177,792.06; revised not to exceed $530,000), for installation of additional audio, video and surveillance cameras located at additional strategic locations. V. Amendment No. 1 to Settlement Agreement No. 10-042 with Travelers Casualty and Surety Company of America for Dunmore Diamond Ridge Tract 6332 located between Ashe and Stine roads south of McCutchen Road. W. Pavement Rehabilitation 2011 Phase 2: Stine Road - Pacheco Road to White Lane: 1. Contract Change Order No. 1 to Agreement No. 1 1-078 with Granite Construction ($136,949; revised not to exceed $1,748,837); and 2. Appropriate $20,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget for the local match requirement. X. Contract Change Order No. 1 to Agreement No. 11-092 with Granite Construction ($33,594.68; revised not to exceed $1,096,698.68) for the Pavement Rehabilitation 2011 Phase 4: Ming Avenue from Wible Road to Hughes Lane project. ACTION TAKEN AGR 11-141 AGR 11-142 AGR 11-143 AGR 10-114(2) AGR 10-042(1) AGR 11-078 CCO1 AGR 11-092 CCO1 Bakersfield, California, November 16, 2011 - Page 9 8. CONSENT CALENDAR continued Y. Streetscape Improvements, Q Street, Truxtun Avenue to 24th Street: 1. Contract Change Order Nos. 1 and 2 to Agreement No. 11-068 with Kern Pacific Construction Company ($63,900.82; revised not to exceed $4,997,661.27); and 2. Appropriate $175,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget. Z. Contract Change Order Nos. 35, 50, 53, 74, 87, 88, and 97 to Agreement No. 07-304 with Security Paving Construction ($388,213.57; revised not to exceed $33,517,593.09) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: aa. Westside Parkway Phase 6B Project - Allen Road Interchange (TRIP): 1. Accept low bid and award contract to Security Paving Co., Inc. ($12,421,698.70), to construct the Project; and 2. Agreement with Nolte Associates, Inc. ($1,310,256.90), for construction management services for the Project; and 3. Amendment No. 1 to Agreement No. 05-181 with Rosedale Rio Bravo Water Storage District for the exchange of additional properties to facilitate construction of the Westside Parkway Phase 6B and 6C projects. ACTION TAKEN AGR I1-068 0001, 0002 AGR 07-304 00035, 00050, 00053, 00074, 00087, 00088, 00097 AGR 11-144 AGR 11-145 AGR 05-181(1) bb. Accept bid from Quinn Company ($330,960.63) for one replacement hot mix asphalt paver for the Public Works Streets Division. Bakersfield, California, November 16, 2011 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN CC. Accept bid from Jim Burke Ford ($277,260.17) for one additional and eight replacement Super Duty (19,000 GVW) Service Truck Cab and Chassis for the Recreation and Parks, Public Works/General Services, Public Works/Solid Waste, and Fire departments. dd. Accept bids and approve contracts to IPC USA AGR 11-146 ($2,750,000) and Valley Pacific Petroleum AGR 11-147 Services, Inc. ($1,250,000) for the annual contracts to supply fuel. ee. Accept bid and approve contract to Wellsona AGR 11-148 Iron and Engineering ($77,285.00) for the Kern River Canal Headgate Corrosion Repair Project. Miscellaneous: ff. Appropriate $50,990 from First Five Kern grant revenues to the Recreation and Parks Operating Budget to provide a water safety education program (Make-A-Splash). gg. Appropriate $5,324 PG&E Grant Revenue to the REMOVED FOR Development Services Operating Budget within SEPARATE the General Fund for a community safety CONSIDERATION project at Stancliff and Napal Courts. hh. Appropriate $185,624 Federal Grant Revenues to the General Fund Police Operating Budget to expand the downtown surveillance system by adding cameras to cover the Police Headquarters building and areas on Union Avenue identified by high crime rates. Appropriate $1,500 State Farm Insurance Company donation to the Fire Department Operating Budget within the General Fund for smoke detectors for the Free Smoke Detector Deployment Plan. jj. Appropriate $560,500 County Share Project costs to the Public Works Capitol Improvement Budget within the TRIP/TDF Local Match Fund, for reimbursement of costs paid by the City on the 7th Standard Road Widening Project. (TRIP) Councilmember Johnson requested that item 8.g. and 8.gg. be removed for separate consideration. Bakersfield, California, November 16, 2011 - Page 11 8. 9. CONSENT CALENDAR continued ACTION TAKEN Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8J, with the removal of AB SULLIVAN items 8.g. and 8.gg. for separate consideration. g. Resolution approving application for CONTINUED TO annexation of uninhabited territory to the City MEETING OF identified as Annexation No. 624 consisting of DECEMBER 14, 2011 17.28 acres located along the north side of Taft Highway and west of Stine Road. Councilmember Johnson requested to continue Consent Calendar item 8.g. to the meeting of December 14, 2011. gg. Appropriate $5,324 PG&E Grant Revenue to the Development Services Operating Budget within the General Fund for a community safety project at Stancliff and Napal Courts. Councilmember Johnson recognized PG&E for their generous donation to install permanent chain link fencing, and he thanked Building Director Burns for his assistance. Motion by Councilmember Johnson to adopt Consent APPROVED AB SULLIVAN Calendar item 8.gg. Recess taken from 6:20 p.m. to 6:46 p.m. CONSENT CALENDAR PUBLIC HEARINGS None. 10. CLOSED SESSION None. 11. CLOSED SESSION ACTION None. Bakersfield, California, November 16, 2011 - Page 12 12. HEARINGS ACTION TAKEN a. Public Hearing and First Reading of an Ordinance amending Chapter 1.12 of the Municipal Code revising the boundaries of City Council Wards 1 through 7. (opened & continued at meetings 9/28/11 & 10/19/11) Planning Director Eggert provided a PowerPoint presentation, made staff comments, recommended adoption of Concept 1, and recommended First Reading of the Ordinance. Hearing opened at 6:54 p.m. Irma Carson, Tamica Powell, Stephanie Campbell, and Matthew Cruse spoke in opposition to the staff recommendation. Mary Helen Barro, spoke in support of the staff recommendation. Mayor Hall announced that the Hearing will remain open. Councilmember Johnson expressed his concerns regarding the informational map that was presented where a natural boundary on Pacheco, specifically a railroad track, that divides the community, was moved from Ward 7 to Ward 6, which would also split a voting precinct; therefore, he feels it needs to stay in Ward 7. Councilmember Salas made a motion to continue this matter to the next meeting. Councilmember Hanson and Vice-Mayor Couch asked questions, suggested some changes, and directed staff to look at other options to bring back to Council. Motion by CouncHmember Salas to continue this APPROVED matter to the meeting of December 14, 2011. AB SULLIVAN Bakersfield, California, November 16, 2011 - Page 13 13. REPORTS ACTION TAKEN a. Agreement with AEG Cycling, LLC to host the AGR 11-149 Time Trial for the 2012 Amgen Tour of California. Convention & Visitors Bureau Manager Lyman provided a video presentation, made staff comments, and recommended approval of the agreement with authorization to make minor revisions if necessary. In response to a question by Councilmember Johnson, Convention & Visitors Bureau Manager Lyman advised he would provide some estimates regarding the expected TOT as a result of the Amgen Tour. Councilmember Johnson asked staff to evaluate the possibility of doing a backfill to the Police Department's budget utilizing TOT monies, in order to accommodate the Impact the Amgen Tour is going to have on that department's budget. Vice-Mayor Couch encouraged staff to make an effort to get some of the locally-owned restaurants and businesses involved and take advantage of having all these people in town. Motion by Vice-Mayor Couch to approve the APPROVED agreement with authorization to make minor AB SULLIVAN revisions if necessary. b. Memorandum of Understanding with AGR 11-150 Bakersfield Sports Foundation to delineate parties' obligations and responsibilities for hosting the 2012 Time Trial of the Amgen Tour of California. Motion by Vice-Mayor Couch to approve the APPROVED agreement. AB SULLIVAN Bakersfield, California, November 16, 2011 - Page 14 14. DEFERRED BUSINESS ACTION TAKEN a. SR 184 Improvements: Cooperative Agreement with the State AGR 11-151 of California Department of Transportation (Construction costs of $943,000 to be funded by Caltrans; Construction support costs of $200,000 to be funded by the City) to flatten the roadbed profile and to reconstruct sidewalk, curb, and gutter at the intersection of SR 178 and Bedford Green Drive. 2. Appropriate $200,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget to fund City share of project cost. Public Works Director Rojas introduced Assistant Public Works Director Underwood, who provided a PowerPoint presentation, made staff comments, and recommended approval of agreement and appropriation. Councilmember Weir thanked Mr. Tandy and Mr. Rojas for their work in bringing this project forward. Motion by Councllmember Weir to approve the APPROVED agreement and appropriation. AB SULLIVAN 15. NEW BUSINESS a. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2012. City Manager Tandy made staff comments. Vice-Mayor Couch made a motion to adopt the Resolution. Councilmember Benham requested that the December meeting be changed from the 19th to the 12th. Motion by Vice-Mayor Couch to adopt the APPROVED Resolution with an amendment changing the AB SULLIVAN December meeting from the 19th to the 12th. Bakersfield, California, November 16, 2011 - Page 15 16. COUNCIL AND MAYOR STATEMENTS Councllmember Johnson asked staff to work with CalTrans to Identify a long-term solution to a drainage issue that has caused a severe amount of run-off into Fortress Mint Storage's drainage basin that abuts a CalTrans facility adjacent to the White Lane on ramp at northbound Highway 99. Councllmember Johnson referred to the Budget and Finance Committee the Issue of local vendor preference for bidding, as well as some other Issues that are related to that. Councilmember Salas thanked staff for helping resolve a couple of issues with some constituents; thanked City Manager Tandy and Public Works Director Rojas for addressing some of the issues identified at the Planz Park Trunk or Treat event; and invited everyone to a Citizen's Forum, that the Police Department and City staff is bringing together, at 11:30 a.m., on November 17th, at the Kern County Superintendent of Schools building downtown. Vice-Mayor Couch complimented Convention & Visitors Bureau Manager Lyman on the job that he did during the announcement of the Amgen Tour; and complimented Mayor Hall and Hall Ambulance for receiving the Emergency Medical Dispatch Center of Excellence Award. Vice-Mayor Couch asked staff to provide an opinion regarding a proposed new tobacco tax that would involve spending the money out of state in many cases, and he would not be in support of that. Vice-Mayor Couch announced he would like to speak to City Manager Tandy after the meeting. Councllmember Johnson advised that there is a Special City Selection Committee meeting on November 29th being held by the San Joaquin Valley Air Pollution Control District, and they need a quorum of cities for a vote; therefore, staff needs to make sure that the City's representative will be attending. Mayor Hall announced that there are currently two recent vacancies on the Keep Bakersfield Beautiful Committee, and encouraged anyone interested to apply. ACTION TAKEN Bakersfield, California, November 16, 2011 - Page 16 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall advised that there may be opportunity for the Keep Bakersfield Beautifu Committee, in cooperation with CalTrans, to expand the designated beautification areas to possibly Include Highway 178 and Highway 58; and he asked Public Works Director Rojas to look Into the possibility of utilizing the individuals who work In the green waste facility that are extensions of the Homeless Center to help with the volunteer efforts. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:07 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield