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HomeMy WebLinkAbout01/11/12_CC_AGENDA_PACKETAnt BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 11, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. (15 min.) (Ward 5) REGULAR MEETING - 5:15 P.M. 1. ROLL CALL 2. INVOCATION by Pastor Greg Haslow, Bakersfield First Assembly Church. 3. PLEDGE OF ALLEGIANCE by Jackson Jordan, kindergarten student at Veterans Elementary School. 4. PRESENTATIONS 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Update on Capital Improvement Program Budget. (Presentation by Raul Rojas Public Works Director) 7. APPOINTMENTS a. One appointment to Planning Commission due to the resignation of Murray Tragish, whose term expires April 30, 2013. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 14, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from December 2, 2011 to December 29, 2011 in the amount of $24,180,434.53 and self-insurance payments from December. 2, 2011 to December 29, 2011 in the amount of $578,496.60, totaling $24,758,931.13. Ordinances: Resolutions: C. Resolution calling for the Mayor's Primary Election and requesting consolidation with the County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 5, 2012. d. Resolution supporting the Healthy Eating, Active Living (HEAL) Cites Campaign through the League of California Cities. 8. CONSENT CALENDAR continued e. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 6,7) f. 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. (Ward 4) g. Sewer connection and construction fee assessments: 1. Resolution confirming assessments for sewer connection 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 J. & Ann Kinnett, 7705 Hooper Ave. b. Ray W. & Quandala Graham, 7908 Kimberly Ave. C. Michael Roy Hulbrt, 7904 Kimberly Ave. d. Adrian & Shastine Y. Arias, 7604 Kimberly Ave. e, Milton J. & Marilyn C. Webster, 7712 Kimberly Ave. f. Franklin W. & Dorthy E. Allen, 7913 Hooper Ave, g. Richard D. & Judith I. Baize, 7600 Hooper Ave. h. Robert E. & Carolyn J. Balch, 7709 Kimberly Ave. I. Roy & Marilyn A. Garcia, 7804 Kimberly Ave. j. Michael D. & Genita K. Holman, 7608 Kimberly Ave. k. Andrew & Delphine R. Lopez, 7801 Kimberly Ave. 1. David E. & Michelle D. Reed, 7605 Kimberly Ave. h. Homeland Security Grants on behalf of the Kern Operational Area: 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 $183,621 Fiscal Year 2011 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. 4. Appropriate $101,693 Federal Grant Revenue to the Fire Department Operating Budget within the Metropolitan Medical Response System Fund. City Council Meeting of 01 /11/2012 8. CONSENT CALENDAR continued (Ward 3) i. City in the Hills Park Playground: Resolution determining that Challengers Playscape playground equipment with slides cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install Challengers Playscape playground with slides from Dave Bang Associates, Inc., not to exceed $40,000. 2. Agreement with Dave Bang Associates, Inc. (not to exceed $40,000) to purchase and install Challengers Playscape playground equipment with slides. (Ward 5) j. Greystone Park Playground: Resolution determining that playground equipment for 2-5 year olds cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install playground equipment for 2-5 year olds from Great Western Park & Playground, not to exceed $75,000. 2. Agreement with Great Western Park & Playground (not to exceed $75,000) to purchase and install playground equipment for 2- 5 year olds. k. Amendment No. 1 to Resolution No. 036-11 further suspending application to allow for discretionary extensions of vesting rights in subdivision maps. i. Amendment No. 1 to Resolution No. 118-11 revising the date of the regular meeting of the City Council during the month of December, 2012. (Ward 6) M. Resolution of Intention No. 1706 to add territory, Area 3-83 (5500 Woodmere Drive), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 7) n. Resolution of Intention No. 1704 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area - District No. 2, Division 35 (Wible Road, Panama Lane to Berkshire Road). Agreements: o. Memorandum of Understanding with FKM Associates, LLC for the construction of Mohawk Street north of Rosedale Highway. (Ward 1) p. Agreement with Community Action Partnership of Kern ($151,000) for construction of Multi-Use Sports Fields at the Friendship House Community Center located at 2424 Cottonwood Road. q. Agreement with the California Department of Parks and Recreation, Office of Historic Preservation ($331,402.04), for providing priority attention to Thomas Roads Improvement Program Projects. (TRIP) (Ward 2) r. Agreement with Kern Council of Governments for the pass-through of Public Transportation Modernization, Improvement, and Service Enhancement Account funds for the construction of the Bakersfield Amtrak Station parking structure. City Council Meeting of 01 /11 /2012 8. CONSENT CALENDAR continued (Ward 6) s. Cooperative Agreement with California Department of Transportation (no fiscal impact) for Street Improvements on Taff Highway (SR 119), from Gosford to Ashe roads, t. New Bakersfield Regional Habitat Conservation Plan (BRHCP): 1. Agreement to receive funds from the California Department of Fish and Game ($348,742) to initiate planning. 2. Agreement with ICF Jones & Stokes ($344,800) to prepare documentation that will be used for BRHCP, 3, Appropriate $348,742 California Department of Fish and Game Grant to the Development Services Operating Budget in the Capital Outlay Fund. U. Amendment No. 1 to Agreement No. 07-017 with Coca-Cola Bottling Company of Southern California for extending term for soft drink vending services in City parks. V. Amendment No. 1 to Agreement No, 11-059 with outside counsel, Clifford & Brown (not to exceed $175,000), for legal services for general personnel issues, W. Amendment No. 2 to Agreement No. 10-036 with Loop Electric, Inc. ($40,000; revised not to exceed $92,250 and extend term for one year) to continue the supply of vehicle loop cutting, X. Amendment No, 2 to Agreement No. 10-107 with Kern Sprinkler Landscaping, Inc, ($130,000; revised not to exceed $354,648.25) to continue the supply of landscape and irrigation services. Y. Amendment No. 1 to Agreement No. FD11-028 with Graham Prewett, Inc, ($16,125; revised not to exceed $41,125) for roof maintenance at Fire Station No. 8. (Ward 2,4,5) Z. Contract Change Order No. 14 to Agreement No. 09-076 with Security Paving Company, Inc. ($296,759.45; revised not to exceed $84,375,656.46) for construction of the Westside Parkway Phase 2 Project, (TRIP) (Word 4) aa, Contract Change Order No. 2 to Agreement No. 11-011 with MGE Underground, Inc. ($57,894.03; revised not to exceed $4,702,116.43) for construction of the Westside Parkway Phase 6A Project. (TRIP) (Ward 6,7) bb. Contract Change Order Nos. 1 and 2 to Agreement No. 11-077 with Granite Construction Company ($106,941.22; revised not to exceed $1,314,649,22) for Pavement Rehabilitation 2011 Phase 3 Project: Pacheco Road from Akers Road to Wible Road; and Pacheco Road from Hughes Lane to South H Street. Bids: (Ward 1,2) cc. Accept bid and approve contract with Terry Bedford Concrete Construction, Inc. (not to exceed $412,900) for construction of HUD curb and gutter. (Ward 1,2,7) dd. Accept bid and approve contract with Southern Hemisphere Shades, Inc, for Dr. Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure Projects. 4 City Council Meeting of 01 /11/2012 8. CONSENT CALENDAR continued Miscellaneous: ee. Appropriate $66,000 County Grant Revenues to the General Fund Police Operating Budget to provide funding to deter, investigate, and prosecute real estate fraud crimes. ff. Appropriate $84,256 Federal Grant Revenues (Fiscal Year 2011-12 Sobriety Checkpoint Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division. gg. Audit Reports for Fiscal Year ended June 30, 2011 (refer to Budget & Finance Committee): Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. hh. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. (Ward 3,6) ii. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for bridge crossing and major thoroughfare fees prepared in accordance with California Government Code §66006, jj. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006, kk. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. II. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for transportation impact fees prepared in accordance with California Government Code §66006. Staff recommends adoption of Consent Calendar items 8.a. through 8.11. 5 City Council Meeting of 01 /11 /2012 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends adoption of Resolution.) b. Public Hearing and adoption of Ordinance amending Chapter 1.12 revising the boundaries of City Council Wards 1 through 7. (FR 12/14/11) (Staff recommends adoption of Ordinance.) 10. CLOSED SESSION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter) C. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. HEARINGS 13. REPORTS a. California Supreme Court Decision regarding Dissolution of Redevelopment Agencies: 1. Resolution determining that the City of Bakersfield elects to, and shall, serve as the successor agency to the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code Section 34173. 2. Resolution determining that the City of Bakersfield shall retain the housing assets and functions of the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code Section 34176. Staff recommends adoption of the Resolutions. b. Thomas Roads Improvement Program Update. (TRIP) Staff recommends acceptance of the Report. 14. DEFERRED BUSINESS 15. NEW BUSINESS a. Resolution authorizing the issuance and sale (not to exceed $25 million) in aggregate principal amount of City of Bakersfield, California Wastewater Revenue Refunding Bonds Series 2012k approving a third supplemental trust indenture, a remarketing agreement, a standby bond purchase agreement, an official statement, a bond purchase agreement, an escrow agreement, and a continuing disclosure certificate and authorizing and directing additional actions in connection with the issuance of Revenue Refunding Bonds. Staff recommends adoption of the Resolution. 6 City Council Meeting of 01 /11 /2012 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 1/5/12 9:56 am City Council Meeting of 01 /11 /2012 AGENDA HIGHLIGHTS January 11, 2012 COUNCIL MEETING Item 4a. The Public Works Director will present a mid-year update on the Capital Improvement Program. There will be one appointment to the Planning Commission. Item 8k. Tem orary Extension of Vesting Rights for Subdivision Maps. In 2005, the City Council adopted Resolution 118-05 which clarified that the City would not grant discretionary extensions of vesting rights for subdivision maps. In 2011, the Planning and Development Committee recommended, and the City Council subsequently approved under Resolution 036-11, the temporary suspension of the 2005 resolution, allowing a one-year extension of vesting rights for maps that would expire between May 18, 2011 and April 30, 2012, If the developer applied before the map expiration. The Ad Hoc Housing Incentive Task Force Is now recommending that the City Council continue the suspension to grant extensions of vesting rights for subdivision maps that are set to expire between May 1, 2011 and April 30, 2013, If the developers apply before map expiration. Item 8o. MOU for construction of Mohawk Street, north of Rosedale Highway. As part of the mitigation requirements for the Bakersfield Commons project, the developer Is being required to pay for the extension of Mohawk, north of Rosedale Highway, up to Hageman Road. This action requests Council approval of an MOU with FKM Associates, LLC, the owner of the property on the northern portion of the alignment, to convey the right of way to the City for construction of the road project. Item 8p. Agreement for Construction of Multi-Use Sports Fields at the Friendship House Community Center, The City has park Improvement funds available to acquire a 6-acre parcel for a park near the Friendship House. However, the parcel Is within a development that is currently not active. Rather than wait for the development of a future park, this proposal Is to use $151,000 of available park development Improvement funds to pay the Community Action Partnership of Kern for the design and construction of a multl-use field on 2 acres of land which they own and is located directly behind the Friendship House. The Community Services Committee reviewed the proposal and recommended that It be forwarded to the City Council for consideration and approval. Item 8t. New Regional Habitat Conservation Plan (}MCP). In September, 2011 the City Council approved the acceptance of State Fish and Game grant funds to prepare a new HCP to replace the existing plan that expires In 2014. This Item requests approval of an agreement with the Fish and Game to receive the funding, In the amount of $348,742, and appropriation of those funds, to the Development Services Operating Budget. Also requested Is approval of an agreement with ICF Jones & Stokes, for $344,800, to prepare the necessary documentation for the new HCP. The remaining grant funding will be used for additional expenses related to the document preparation. The grant also has a matching fund requirement, which will be satisfied by the staff time allotted to this project. There will be a conference with Legal Counsel to discuss one matter of Initiating litigation, one matter of potential litigation, and the City Attorney's evaluation. Item 13a. Resolutions related to the Dissolution of the Bakersfield Redevelopment Aaencv. The recent State Court decision to uphold the elimination of redevelopment agencies necessitates the adoption of a resolution to designate the City as the "Successor Agency" to the RDA to administer and bring to conclusion the Agency's obligations and activities and a second resolution to designate the City as the "Successor Housing Agency" to assume the RDA's housing functions. The activities of the Successor Agency are specifically defined and will be monitored by an Oversight Board, which Is to be formed by May 1, 2012. Staff recommends adoption of the two resolutions, which must be submitted to the County Auditor-Controller no later than January 13, 2012. Considerable detail describing the dissolution process and the requirements of the Successor Agency Is Included In the Administrative Report. Economic Development Director Donna Kunz will also provide a status report for the Council. Item 13b. An update on the TRIP program, with particular focus on the Rosedale Highway Widening Project, will be provided by Public Works and TRIP staff. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - January 11, 2012 Council Meeting Page 2 ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: WORKSHOPS ITEM: , Q, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 6, 2011 APPROVED DEPARTMENT HEAD STW CITY ATTORNEY V& CITY MANAGER f- SUBJECT: Update on Capital Improvement Program Budget RECOMMENDATION: BACKGROUND: The Public Works Director will present a mid-year report on the capital improvement program. GL GAGROUPDATWDMINRPT\2012\01-11\CIP Report.doc oR, U p ADMINISTRATIVE REPORT Rr n♦ CA IF MEETING DATE: January1 1, 2012 AGENDA SECTION: Appointments ITEM: '7. et. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Roberta Gafford, City Clerk January 3, 2012 One appointment to the Planning Commission due to the resignation of Murray Tragish (Ward 5), whose term expires April 30, 2013. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Planning Commission due to the expiration of term of Murray Tragish (Ward 5), whose term expires April 30, 2013. Applications for appointment have been received from the following: • Justin B. Batey • Marvin Dean • Jason Boone Matthews On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 5. The Planning Commission is an advisory body to the City Council. it is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four-year terms, but not of a specific ward of the nominating Councilmember. Commission duties are to maintain and interpret the City's General Plan and recommend methods of implementation; maintain the City's zoning ordinance and make recommendations for improvement; review the City's Capital Improvement Plan for consistency with the General Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the above items and on any appeals of site plan review. Mal January 3, 2012, 12:39PM S:\Bds&Comm\PLANNING\2012\ADMIN Jan 2012 - tragish.docx MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, OL, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 30, 2011 Approval of Minutes of the December 14, 2011 Regular City Council Meeting. APPROVED DEPARTMENT HEAD CITY MANAGER CITY ATTORNEY RECOMMENDATION: Staff recommends approval. BACKGROUND: MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: S. gyp, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 29, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from December 2, 2011 to December 29, 2011 in the amount of $24,180,434.53 and Self Insurance payments from December 2, 2011 to December 29, 2011 in the amount of $578,496.60, totaling $24,758,931.13. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: December 29, 2011, 11:32AM S:\Kim GWDMIN\COUNCIL-ADMIN-AP-2012\ADMIN-AP 011112.doc F AK ° ADMINISTRATIVE REPORT c yio MEETING DATE: January 11, 2012 AGENDA SECTION: CONSENT CALENDAR ITEM: 16. C . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 29, 2011 Resolution calling for the Mayor's Primary Election and requesting consolidation with the County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 5, 2012. APPROVED DEPARTMENT HEAD > , 4 CITY ATTORNEY JT gco( V L1 CITY MANAGER RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The California Statewide Direct Primary Election is set for June 5, 2012. The City Charter requires that a Primary Municipal Election for the Office of Mayor be held concurrently with the Statewide Direct Primary. This resolution requests the County Board of Supervisors take the necessary steps to consolidate this election. The filing period for the Office of Mayor begins February 13, 2012 and ends March 9, 2012. If no one candidate receives a majority, the Charter provides for a run-off election to be held November 6, 2012. In either case, the new Mayor will take office on January 7, 2013. Included for Council review is the City Clerk's Election Calendar. This calendar provides information regarding filing deadlines, campaign reporting deadlines and other important dates. It is not intended for legal advice and is for general guidance only. The calendar is available to the public from the City Clerk's Office and on the City's Web Page. December 29, 2011, 5:15PM SAEIectionWDMIN RPTS120121Hdmin Mayor Primary 2012.dot 0 014 ADMINISTRATIVE REPORT IF MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: S. C1. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD fi L 4 DATE: December 21, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution supporting the Healthy Eating, Active Living (HEAL) Cities Campaign through the League of California Cities. (all wards) RECOMMENDATION: Staff recommends approval of the resolution supporting the Healthy Eating, Active Living Cities Campaign. BACKGROUND: In 2004, the League of California Cities adopted a resolution which encouraged cities to embrace policies that promote healthier lifestyles and communities. Since adoption of the League's resolution, they have encouraged cities throughout California to adopt resolutions of their own that address land use, wellness and food access that promote physical activity and good nutrition. Over 100 California cities have adopted resolutions in support of the HEAL Cities campaign. The City of Bakersfield has several policies in place that support the HEAL Cities campaign which also includes City Council goals adopted in May, 2011. The overall goal of the Healthy Eating, Active Living (HEAL) Campaign is to reduce obesity and increase the availability of healthy food choices among low income residents. By adopting this resolution, the City of Bakersfield policies and programs related to healthy eating and active living will be included in a shared data base with the League of California Cities of best practices supporting these positive choices. dh S:\ADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\Healthy Eating Active Living Admin.doc MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM , C. TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: December 16, 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 authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on December 12, 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. 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 /Counclimember Salas 1. S. Chester Avenue 022-190-16 $ 975.00 2. 801 Collins Way 019-041-07 $ 725.00 3. 804 Collins Way 019-042-02 $ 1,510.00 4. 1411 El Rancho Drive 011-362-09 $ 105.00 5. 3407 Horne Street 172-092-08 $ 694.00 6. 3508 Horne Street 172-091-33 $ 715.00 7. 11 Milham Drive 139-432-21 $ 105.00 December 19, 2011, 10:52AM/kd S:\DanMADMINS\2012\JAN\1-11-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 1 /Councilmember Salas APN COST 8. 132 Milham Drive 139-421-06 $ 748.00 9. 1312 Ming Avenue 011-402-10 $ 885.00 10. 310 S. Owens Street 018-220-12 $ 640.00 11. 1821 E. Planz Road 172-041-11 $ 300.00 12. 8025 S. Union Avenue 516-020-15 $ 105.00 13. 900 Watts Drive 170-231-08 $ 105.00 14. 703 Wilkins Street 139-432-24 $ 830.00 15. 1206 3rd Street 010-190-30 $ 1,700.00 16. 803 E. 4th Street 139-302-12 $ 105.00 17. 118 E. 7th Street 139-192-17 $ 105.00 18. 216 E. 7th Street 139-202-13 $ 105.00 19. 1421 E. 9th Street 018-062-38 $ 1,100.00 20. 322 11 th Street 009-511-18 $ 819.00 Ward 2/Councilmember Benham 21. 123 Bernard Street 012-021-06 $ 105.00 22. 801 Chester Avenue 009-242-12 $ 105.00 23. 211 Eureka Street 016-270-02 $ 1,455.00 24. 316 Holtby Road 008-191-15 $ 105.00 25. 106 Jefferson Street 012-021-13 $ 725.00 26. 232 Jefferson Street 012-310-12 $ 105.00 27. 3410 K Street 120-100-12 $ 105.00 28. 722 Lake Street 014-130-15 $ 300.00 29. 4205 Marella Way 020-482-30 $ 105.00 30. 1915 Orange Street 007-192-08 $ 105.00 31. 1405 Pacific Street 015-120-01 $ 1,730.00 32. 1910 Tulare Street 012-360-09 $ 300.00 33. 1403 E. 18th Street 017-220-01 $ 665.00 Ward 3/Councilmember Weir 34. 3209 Bucknell Street 021-280-12 $ 375.00 35. 7709 Carabina Court 507-140-35 $ 105.00 36. 4309 Christmas Tree Lane 146-186-01 $ 105.00 37. 2625 Clemson Court 383-173-07 $ 300.00 38. 3201 Colgate Lane 383-252-11 $ 665.00 39. 4400 Columbus Street 146-060-05 $ 105.00 40. 3006 Crest Drive 382-101-02 $ 300.00 December 19, 2011, 10:52AMIkd SADana\ADMiNS\2012\JAN\1-11-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 3/Councilmember Weir 41. 2900 Eissler Street 146-271-01 $ 105.00 42. 5807 Latina Drive 332-593-06 $ 740.00 43. 8315 River Hawk Lane 451-532-18 $ 300.00 44. 5408 Spring Canyon Court 365-152-15 $ 1,194.00 Ward 4/Councilmember Couch 45. 11306 Martinsville Avenue 528-101-02 $ 690.00 46. 8511 Seven Hills Drive 494-391-03 $ 725.00 Ward 5/Counclimember Hanson 47. 4708 Alden Court 392-141-35 $ 700.00 48. 3819 Boswellia Drive 513-213-01 $ 105.00 49. West of 2801 Brookside Drive 389-350-15 $ 2,284.00 50. 9108 Duncanson Drive 392-271-06 $ 105.00 51. 4009 Frost Way 392-331-26 $ 713.00 52. 515 Harvest Creek Road 501-191-03 $ 105.00 53. 9340 Panama Lane 497-010-05 $ 994.00 Ward 6/Coucilmember Sullivan 54. 5455 District Boulevard 384-360-04 $ 105.00 55. NWC McKee Road & Stine Road 532-020-11 $ 300.00 56. 2461 Pinon Springs Circle 355-253-35 $ 300.00 Ward 7/Councilmember Johnson 57. 5800 Alberta Street 372-231-05 $ 105.00 58. 4300 Balboa Drive 171-182-18 $ 713.00 59. 1404 Hub Avenue 025-11 1-10 $ 300.00 60. 1405 Hub Avenue 025-113-10 $ 300.00 61. 4309 Jackson Ridge Avenue 514-492-05 $ 735.00 62. 3707 Mesa Grande Street 405-091-04 $ 105.00 63. 1206 Quartz Hill Road 516-251-04 $ 105.00 64. 3608 Slate Court 371-301-01 $ 300.00 65. 1320 White Lane 025-122-22 $ 105.00 December 19, 2011, 10:52AM/kd SADana\ADMINS\2012UANM141-Property Abatement.doc ADMINISTRATIVE REPORT 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. December 19, 2011, 10:52AM/kd SADana\ADMINS\2012UAN\1-11-Property Abatement.doc A ADMINISTRATIVE REPORT 1 MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: a. JP. TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: December 15, 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 and December 14, 2011 City Council meetings. Councilmember Johnson requested these continuances to allow him additional time to contact affected property owners within the annexation. 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:\Annexafion\Res of Applic\Admin Draft 624 1-1 l.doc Z O X W Z Z Q O H W Cl) a 0 CL CO w a N cc Z O X W Z 2 Q i 1S 3NOIS3NIHN O m R N G W Z = W N 10 TIVS o vnt)s w Z O D z W a J W O w J tWi~ Z z z a N W M s 1 MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 13, 2011 Sewer connection and construction fee assessments (Wards 4): Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with the property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the property: a. William J & Ann Kinnett 7705 Hooper Ave. b. Ray W. & Quandala Graham 7908 Kimberly Ave. c. Michael Roy Hulbrt 7904 Kimberly Ave. d. Adrian & Shastine Y. Arias 7604 Kimberly Ave. e. Milton J. & Marilyn C. Webster 7712 Kimberly Ave. f. Franklin W. & Dorthy E. Allen 7913 Hooper Ave. g. Richard D. & Judith 1. Baize 7600 Hooper Ave. h. Robert E. & Carolyn J. Balch 7709 Kimberly Ave. 1. Roy & Marilyn A. Garcia 7804 Kimberly Ave. j. Michael D. & Genita K. Holman 7608 Kimberly Ave. k. Andrew & Deiphine R. Lopez 7801 Kimberly Ave. 1. David E. & Michelle D. Reed 7605 Kimberly Ave. AP ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of resolution and approval of agreements. BACKGROUND: The owners of the properties shown above desire to connect said properties to the City sewer system. The property owners claim that to pay the sewer connection and construction fees In one payment would produce an economic hardship. To assist in paying the connection and construction fees, the City has contracted with the property owner to apportion the connection and construction fees over an eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated August 18, 2011, authorizes the Kern County Tax Collector to collect the connection and construction fees in eight equal payments over the next eight years, da G:\GR0UPDAIIADMINRPT\2012\01-11\Kimberly-Hooper PSA.doc December 21, 2011, 8:45AM A w U d f ADMINISTRATIVE REPORT IM 0 MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: S. h TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas Greener, Fire Chief December 27, 2011 APPROVED DEPARTMENT HEAD D CITY ATTORNEY CITY MANAGER 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 $183,621 FY2011 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. 4. Appropriate $101,693 Federal Grant Revenue to the Fire Department Operating Budget within the Metropolitan Medical Response System Fund. 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. C:\Users\cblair\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\80VGQH18\County MOU SHSP Grant appropriation 01 11 12 (2).doc A 'r ♦ I ADMINISTRATIVE REPORT a 2. Memorandum of Understanding - Homeland Security Grant 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 FY2011 State Homeland Security grant funds to the "Bakersfield Fire Department Mobile Command Team Communications Project" and "City of Bakersfield FY2011 MMRS 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 $183,621 FY2011 - Homeland Security Grant The State Homeland Security Grant funded "Bakersfield Fire Department Mobile Command Team Communications Project" will procure radios with rechargers, computers and a printer for the UASI Mobile Command Unit. The UASI Mobile Command Unit is a shared, multi-jurisdictional resource, and will include the latest computer, satellite, dispatching, and video and communications technologies critical for a unified on-scene incident command during multi- jurisdictional emergencies and disasters. 4. Appropriate $101,693 FY2011 - Metropolitan Medical Response System (MMRS) grant program The State Homeland Security Grant includes funding for the Metropolitan Medical Response System (MMRS) grant program which is specifically for the City. The MMRS grant allows funding for personnel to develop plans required to support the MMRS program and specialized training for personnel as approved by the California Emergency Management Agency. There are three parts to the MMRS grant award including equipment, planning and training. The equipment section will fund $75,000 for purchase of monitors to be used for search/rescue and detection of hazardous chemicals. The training section will fund $26,693 for continuing education, paramedic, hazmat, rescue and disaster assistance training. C:\Users\cblair\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\80VGQH18\County MOU SHSP Grant appropriation 01 11 12 (2).doc F Aga U p ADMINISTRATIVE REPORT 1 MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: S. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks December 29, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~-a- CITY MANAGER Design, supply, and install Challengers Playscape playground with slides at City in the Hills Park. (ward 3) 1. Resolution determining that Challengers Playscape playground with slides cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install Challengers Playscape playground with slides from Dave Bang Associates, Inc., not to exceed $40,000. 2. Approve the agreement to purchase and install Challengers Playscape playground with slides at City in the Hills Park from Dave Bang Associates, Inc., for a total amount not to exceed $40,000. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: In October 2011, the City completed the construction of City in the Hills Park which included a children's playground. Slides were not part of the original playground. Staff recommends the design, supply, and installation of slides that will match the existing playground's theme, color scheme, and compatibility with the original supplier and installer. The original supplier and installer, Dave Bang Associates, Inc., was contacted to supply and install the toddler playground. Sufficient funding exists within the remaining appropriated budget for the City in the Hills Park project and will have no budget impact on the General Fund. December 29, 2011, 10:14AM:jln S:\ADMINISTRATION DIVISION\Admin Rpts\2011 Admins\City in the Hills Playground dispense with bid.docx F Ae,r ADMINISTRATIVE REPORT IF MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: e, ' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks December 29, 2011 Design, supply, and install playground equipment for 2-5 year-olds at Greystone Park. sward 5) 1. Resolution determining that playground equipment for 2-5 year-olds cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install playground equipment for 2-5 year-olds from Great Western Park & Playground, not to exceed $75,000. 2. Approve the agreement to purchase and install playground equipment for 2-5 year-olds at Greystone Park from Great Western Park & Playground for a total amount not to exceed $75,000. APPROVED DEPARTMENT HEAD CITY ATTORNEY AT- CITY MANAGER Pf RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: In June 2011, the City completed the construction of Greystone Park which included a playground for 5-12 year-olds. A playground component for toddlers, ages 2-5, was not part of the original playground. Staff recommends the design, supply, and installation of a playground for 2-5 year-olds that will match the existing 5-12 year-old playground's theme, color scheme, and compatibility with the original supplier and installer. The original supplier and installer, Great Western Park & Playground, was contacted to supply and install the toddler playground. Sufficient funding exists within the remaining appropriated budget for the Greystone Park project and will have no budget impact on the General Fund. December 29, 2011, 9:52AM:jIn SAADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\Greystone Playground dispense with bid.docx 0 A ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: January 3, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY A# CITY MANAGER k1 SUBJECT: Amendment No. 1 to Resolution No. 036-11 further suspending application of Resolution No. 118-05 to allow for discretionary extensions of vesting rights in subdivision maps. (All Wards) RECOMMENDATION: Staff recommends adoption of Amendment No. 1 to Resolution No. 036-11. BACKGROUND: On June 8, 2005, the City Council adopted a policy that the City would not grant discretionary extensions of vesting rights (Resolution 118-05) since the City's established development fees were designed to provide for certain public infrastructure and facilities to serve those developments and extensions of vesting rights would result in an insufficient collection of funds for that infrastructure. In early 2011, at the request of the building industry, the City Council's Planning and Development Committee explored ways to improve economic activity for new home construction. This analysis culminated with a recommendation by the Committee that the City Council suspend the policy put forth in Resolution 118-05 and temporarily allow the City the discretion to, once again, grant extensions of vesting rights. If approved, developers would have more time to begin construction on their recorded map while taking advantage of the ordinances, policies, standards, and fees in place at the time their applications were deemed complete. On May 18, 2011, the City Council accepted the Committee's recommendation and adopted Resolution No. 036-11, suspending application of Resolution No. 118-05 until April 30, 2012. This suspension allowed the City to grant a one-year extension of vesting rights set to expire between May 18, 2011 and April 30, 2012, if the developer applied for the extension before the map expired. The issue again arose in 2011 with the City Council's Ad Hoc Housing Incentive Task Force recommending that the City Council once again extend the suspension of the application of Resolution No. 118-05 until April 30, 2013 by amending Resolution No. 036-11. If the City Council adopts the Task Force's recommendation to amend Resolution No. 036-11, the City will have the discretion to grant extensions of vesting rights in subdivision maps that are set to expire between May 1, 2011 and April 30, 2013, if developers apply for the extension before their maps expire. On May 1, 2013, Amendment No. 1 to Resolution 036-11 will become null and void and Resolution 118-05 will continue in full force and effect, if no other action is taken. AH SAC0UNCIL\Admins\11-12 Admins\FurtherVestingRightsExt.doc c BAK ycAN° 4r ADMINISTRATIVE REPORT IFO MEETING DATE: January 11, 2012 AGENDA SECTION: CONSENT CALENDAR ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD T DATE: December 29, 2011 CITY ATTORNEY ~ \x CITY MANAGER & SUBJECT: Amendment No. 1 to Resolution No. 118-11 revising the date of the regular meeting of the City Council during the month of December, 2012. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: At the request of Vice-Mayor Couch, an amendment to Resolution No. 118-11 is being presented for consideration which reflects a change to the December 12, 2012 meeting date. The request is to move the date forward to Tuesday, December 11, 2012. This date does not conflict with any holidays, election deadlines or conferences. The meeting will be held in the Council Chambers and will begin at 5:15 p.m. rg December 30, 2011, 8:53AM S:\Counci1\admins\2012\Counci1 meeting dates 2012.dot A ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: , M TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 21, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY A~ CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1706 to add territory, Area 3-83 (5500 Woodmere Drive) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 6) 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 subdivider(s)/developer(s) to be recorded with the subdivision map. A copy attached for reference. Ps supplied to the of this covenant is G:\GR0UPDAT\ADMINRPT\2012\01-11\R0I Est CMD 3-83.docx MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M Rojas, Public Works Director DATE: December 7, 2011 AP VED DEPARTMENT HEAD CITY ATTORNEY p~ CITY MANAGER SUBJECT: Resolution of Intention No. 1704 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No. 2, Division 35 (Wible Road, Panama Lane to Berkshire Road) - (Ward 7) RECOMMENDATION: Staff recommends adoption of resolution of intention. BACKGROUND: This resolution of intention is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The formation of this district will require that all affected utility companies remove the overhead lines on Wible Road between Panama Lane and Berkshire Road and place them underground. The district encompasses Wible Road between Panama Lane and Berkshire Road and the parcels with direct frontage on this section of Wible Road. The district will be constructed with PG&E Rule 20A funds at no cost to the City. As a part of the undergounding process, any existing overhead facilities for communication and electric services are converted to underground services. These costs are paid for through Rule 20A Funds, not out of any city funding sources. Rule 20A allocates up to $1,500 per service entrance excluding permit fees for this conversion. The Resolution of Intention sets the date of February 1, 2012 for the protest hearing. mps December 8, 2011, 1:39PM GAGR0UPDAT\ADMINRPT\2012\01-11\2-35 ROW= , ADMINISTRATIVE REPORT T 0 A MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: g, 0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director December 23, 2011 APPROVED DEPARTMENT HEAD N CITY ATTORNEY CITY MANAGER Memorandum of Understanding Agreement with FKM Associates, LLC for the construction of Mohawk Street north of Rosedale Highway. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On June 30, 2011, the City completed Phase 1 of the Westside Parkway Project which extended Mohawk Street approximately 1.2 miles from Truxtun Extension north to Rosedale Highway. This roadway extension has been anticipated for many years and has been heavily used since its opening. As such, extending Mohawk Street further north to connect with Hageman Road will further improve traffic circulation in the area. On September 8, 2010, the City Council adopted Ordinance No. 4628 (General Plan Amendment/Zone Change No. 06-1877) for the Bakersfield Commons project. As part of the mitigation for GPA/ZC No. 06-1877 the developer is required to fund and/or construct Mohawk Street from Rosedale Highway to Hageman Road to two lanes (total of four) with a fully expanded intersection at Rosedale Highway prior to the end of 2012. Right of way for Mohawk Street is to be provided for by the City. This agreement is with FKM Associates, LLC who owns the northern portion of alignment between Rosedale Highway and Hageman Road. The agreement provides the terms wherein the City will extend Mohawk Street from Rosedale Highway to north of the Calloway Canal. The Memorandum of Understanding provides that the City will construct Mohawk Street using monies from the World Oil mitigation requirements set out in General Plan Amendment/Zone Change No. 06-1877 in exchange for FKM dedicating the necessary right of way. Rosedale Land Venture I, LLC, (RLV) owns the southern portion of the alignment. RLV previously dedicated a sixty (60) feet right of way over their property as a condition of Lot Line Adjustment No. 12-07 which Certificate of Compliance was recorded on July 12, 2008 as Document No. 0208107193. DMA/s January 3, 2012, 2:OOPM P:1MyFileslAdmin Reports\Mohawk North.2.doc MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8 P. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD t. DATE: December 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Community Action Partnership of Kern (CAPK) ($151,000) for Construction of Multi-Use Sports Fields at the Friendship House Community Center located at 2424 Cottonwood Road. (Ward 1) RECOMMENDATION: Staff recommends approval of agreement with Community Action Partnership of Kern. BACKGROUND: Community Action Partnership of Kern has been serving the low-income community throughout the City of Bakersfield and the County of Kern for over sixty years by providing resources that empower their clients to become self-sufficient and improve their lives. In addition, CAPK owns and operates the Friendship House Community Center (FHCC) located at 2424 Cottonwood Road in Bakersfield, California, which has provided a safe haven for low- income families and services for children for over sixty years. CAPK also owns two acres of unimproved land directly behind the FHCC, whereupon CAPK desires to design, construct, and maintain a public Multi-use Sports Field to expand sports leagues for children to benefit the community. The addition of a Multi-use Sports Field will add a key component to the ongoing efforts of CAPK to improve the quality of life in the surrounding community. The City also recognizes the importance and need for recreational amenities in this community. The City has park improvement funds available for acquisition of a six acre park located near FHCC, but within a development that remains as raw land and is currently idle. The City desires to use $151,000 of its available park improvement funds to compensate CAPK for the design and construction of said multi-use sports field so it can be enjoyed by the surrounding community in the immediate future rather than having the community wait for the development of a future park. C:\USERS\PPACHECO\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\MY9271YO\CAPK ADMIN.DOC A q v o 1 ADMINISTRATIVE REPORT The Community Services Committee reviewed this proposal at their meeting of December 8, 2011 and recommended that it be forwarded to the City Council for consideration and approval. kt C:\USERS\PPACHECO\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\MY9271YO\CAPK ADMINAOC U p LIF ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: a q, TO: Honorable Mayor and City Council APPROVED FROM DATE: Raul M. Rojas, Public Works Director December 28, 2011 DEPARTMENT HEAD &tA CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the State of California Department of Parks and Recreation, Office of Historic Preservation ($331,402.04) for providing priority attention to Thomas Roads Improvement Program (TRIP) projects. (Various Wards) (TRIP) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The State of California Department of Parks and Recreation, Office of Historic Preservation (OHP) is a state resource agency that plays a key role in the ultimate environmental approval for many of the TRIP projects. OHP reviews the cultural and historic studies and documentation prepared for the environmental documents for the various TRIP projects, and they must provide their concurrence with the findings presented in the documents. If the findings indicate that there are cultural and/or historic impacts resulting from a project that will need to be mitigated, then the City and/or Caltrans is required to further consult with the OHP. Ultimately, an agreement which outlines the implementation of this mitigation is entered into between all parties involved. There will be many TRIP project documents and agreements that will need to be reviewed and processed by OHP staff. Due to state budget constraints, OHP's ability to quickly respond to TRIP submittals is limited by their staff and resource availability. As a result, this review and processing could significantly delay the environmental clearance and ultimate delivery of the TRIP projects. To expedite the processing of TRIP documents through the OHP, the City proposed that TRIP federal earmark funds be used to provide some short-term funding for an OHP staff position. This OHP staff member would not work directly on TRIP project documents, but would free-up other OHP staff to be able to immediately begin working on these documents. This arrangement will result in accelerating the review and approval of TRIP project documentation when compared with customary processing timelines through the OHP, which will ultimately have the effect of expediting TRIP project construction and completion. Staff recommends approval of the Agreement. Adequate federal earmark funds and local matching funds have been previously budgeted to pay for this Agreement. Tdw:G:\GROUPDAT\ADMINRPT\2012\01-1 1 \TRIP OHP Agr Admin.doc A ° ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 21, 2011 APPROVED DEPARTMENT HEAD ,3 V1 CITY ATTORNEY p CITY MANAGER SUBJECT: Memorandum of Agreement (MOA) with Kern Council of Governments (Kern COG) for the pass-through of Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds for the construction of the Bakersfield Amtrak Station parking structure (Project contingent upon sales of Proposition 1 B bonds by State of California, Ward 2). RECOMMENDATION: Staff recommends approval of MOA. BACKGROUND: The Public Transportation Modernization, Improvement, and Service Enhancement Account Program (PTMISEA) was created by Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Of the $19.925 billion available to Transportation, $3.6 billion dollars was allocated to PTMISEA to be available to transit operators over a ten-year period. PTMISEA funds may be used for transit rehabilitation, safety or modernization improvements, capital service enhancements or expansions, new capital projects, bus rapid transit improvements, or rolling stock (buses and rail cars) procurement, rehabilitation or replacement. Funds in this account are appropriated annually by the Legislature to the State Controllers' Office (SCO) for allocation in accordance with Public Utilities Code formula distributions: 50% allocated to Local Operators based on fare-box revenue and 50% to Regional Entities based on population. The City of Bakersfield, as the owner of the Bakersfield Amtrak Station, is eligible to apply for PTMISEA funds under the "'Regional Entities" allocation. The City has submitted a preliminary $2.7 Million grant request for a project to construct a parking garage (approximately 150 parking stalls) at the Bakersfield Amtrak Station. The Station's parking lot currently has 237 stalls. The proposed garage will have an approximate foot print of 130 feet by 200 feet and located at the east end of the current parking lot. This will eliminate 65 existing stalls, bringing the total to 322 stalls. During construction of the garage approximately 100 stalls will be unavailable for use. Not all parking stalls are currently being used at the station. However, in case a need arises due to the loss of the spaces, staff will work with the County to secure some spaces in the Library parking lot which is adjacent to the west. The Caltrans Rail Program recently announced plans to purchase more train engines and cars for several main passenger rails including the San Joaquin route. The new train engines and cars, in conjunction with track and G:\GROUPDAT\ADMINRPT\2012\01-11\Kern COG Bakersfield PTMISEA MOA 2011 v2_1.docx ADMINISTRATIVE REPORT signal equipment improvements being planned with the Burlington Northern Santa Fe Railroad, will allow the San Joaquin trains to travel faster. Because of the faster rail service, the Caltrans Rail Program anticipates a significant increase in ridership. The increase in passenger capacity because of the new train engines and cars will also encourage more people to ride the train. Also, Golden Empire Transit District (GET) is in the final stages of completing its long-range transit plan. GET has identified the downtown Amtrak station as a primary bus depot in its short, mid and long-range service changes. Kern Regional Transit (KRT) will adjust its intercity bus routes to use the GET Amtrak bus stops to enhance and improve its county-wide service. Thus, there is a need to increase parking at the Amtrak Station. Kern Council of Governments (Kern Cog), as the metropolitan regional transportation planning entity, will act as the primary recipient of these grant funds if the application is approved. The City will act as the sub recipient of these funds. The City would be responsible for the design and construction of the proposed project. The attached MOA stipulates the agreement between Kern COG and the City whereby Kern COG passes-through PTMISEA funds to the City specifically for construction of a parking structure at the Bakersfield Amtrak Station Multi-Modal Transit Center. This project is contingent upon the sales of Proposition 1 B bonds by the State. phs GAGROUPDAT\ADMINRPT\2012\01-1 1\Kern COG Bakersfield PTMISEA MOA 2011 v2_1.docx A r~ 1044 S ADMINISTRATIVE REPORT LIF MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: $,S, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 29, 2011 APPROVED DEPARTMENT HEAD 6SCk CITY ATTORNEY 1%e - CITY MANAGER ~OJ SUBJECT: Cooperative Agreement with the State of California Department of Transportation (No fiscal impact) for Street Improvements on Taft Highway (SR 119) from Gosford Road to Ashe Road (Ward 6). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Wastewater Treatment Plant No. 3 Expansion project, the roadways adjacent to the Plant site will be widened to ultimate width. Taft Highway (SR 119) is the southern roadway adjacent to the Plant site. This project will widen Taft Highway to ultimate width adjacent to the Wastewater Treatment Plant. These roadway improvements along Taft Highway will be funded with Sewer Enterprise funds. The State desires to enter into a Cooperative Agreement with the City for construction of the proposed improvements. This Agreement defines the roles and responsibilities of the State and the City for the proposed project. There is no fiscal impact associated with this Agreement. of E8K102 G:\GR0UPDAT\ADMINRPT\2012\01-11\Taft Hwy Coop Agreement.doc A ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director December 14, 2011 New Bakersfield Regional Habitat Conservation Plan (All Wards): Agreement to receive funds from the California Department of Fish and Game ($348,742) to initiate planning for the new Bakersfield Regional Habitat Conservation Plan. 2. Agreement with ICF Jones & Stokes ($344,800) to prepare documentation that will be used for the new Bakersfield Regional Habitat Conservation Plan. 3. Appropriate $348,742 California Department of Fish and Game Grant to the Development Services' Operating Budget in the Capital Outlay Fund. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of agreements and appropriation. BACKGROUND: On September 28, 2011, the Bakersfield City Council passed and adopted Resolution No. 086- 11 accepting the Fiscal Year 2011 grant funds from the Cooperative Endangered Species Conservation Fund, which is administered by the California Department of Fish and Game. The grant funds will be used to prepare documentation for the new Bakersfield Regional Habitat Conservation Plan (BRHCP), the successor plan to the existing Metropolitan Bakersfield Habitat Conservation Plan that expires in August, 2014. The agreement to receive grant monies from the California Department of Fish and Game is for $348,742. Phase I of this preparation includes hiring a consultant to assist planning the BRHCP. On November 29, 2011, the City of Bakersfield determined through the Qualifications-Based Selection process that ICF Jones & Stokes was the best qualified consultant. The fee proposal from ICF Jones & Stokes is for $344,800. The remainder of the grant funds will be used for additional expenses in document preparation. The grant has a matching fund requirement, which will be met through staff time in working on this project. December 20, 2011, 11:04AM PE /S:%DanA4DMINS12012UAAA1-11-HCP Grant.doc A 00 14 14 ADMINISTRATIVE REPORT 9 10 ITIL MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: U. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD r~ DATE: December 16, 2011 CITY ATTORNEY -L CITY MANAGER SUBJECT: Amendment 1 to Agreement No. 07-017 with Coca-Cola Bottling Company of Southern California extending term for soft-drink vending services in City-owned parks. (all wards) RECOMMENDATION: Staff recommends acceptance of the amendment. BACKGROUND: In January 2007, the City and Coca-Cola Bottling Company of Southern California (Coca-Cola) entered into Agreement No. 07-017 for soft-drink vending services in City- owned parks. Under the terms of the initial agreement, Coca-Cola compensates the City fifty percent (50%) of annual sales. The original agreement is set to expire January 17, 2012, however, the "Term" provision allows this agreement to be extended annually for five (5) consecutive one-year periods at the City's option and upon mutually agreeable terms. Due to the mutually beneficial relationship over the past five years, both parties desire to extend Agreement No. 07-017 for an additional year. jln C:\USERS\SNEWLAND\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\OW06LH9X\COCA COLA AMEND_t AOC MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 16- DATE: December 29, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement 11-059 with outside counsel, Clifford & Brown for legal services for General Personnel Issues, in an amount not to exceed $175,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On June 8, 2011, the City entered into Agreement No. 11-059 for legal services with Clifford & Brown in an amount not to exceed $75,000. Several unforeseen personnel matters have risen, which has caused an increase in the work to outside counsel. At this time, the City Attorney's Office requests that an amendment to this agreement be executed for additional compensation so that outside representation may continue. This Amendment No. 1 to Agreement No. 11-059 would add One Hundred Thousand Dollars ($100,000) to the Not to Exceed Limitation on compensation and result in a total Not to Exceed amount of One Hundred Seventy-Five Thousand Dollars ($175,000). VG:ac S:\COUNCIUAdmins\11-12 Admins\C&BGenPers1ssuesAdmin11-059Amd1.d0cx December 29, 2011, 3:47PM A ADMINISTRATIVE REPORT 10 MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, Uj, TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 29, 2011 APPROVED DEPARTMENT HEAD.%'~' V- CITY ATTORNEY CITY MANAGER_ & SUBJECT: Amendment No. 2 to Agreement No. 10-036 with Loop Electric, Incorporated; extending the contract term one year and adding $40,000 (for a total not to exceed amount of $92,250) to continue the supply of vehicle loop cutting. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 24, 2010, Council approved the Annual Contract for the supply of vehicle loop cutting to Loop Electric, Incorporated in the amount of $52,250; renewable annually thereafter for four consecutive one-year periods. On April 13, 2011, Council approved Amendment # 1 extending the term one year. If approved, Amendment No. 2 will add $40,000 for a revised not to exceed amount of $92,250, and extend the contract term one year. Funds are budgeted in the departmental operating account in the General fund. Approval of the amendment will allow the Public Works Department to continue to meet the City's traffic signal repair needs for the next year. Purchasing Division/ch S:\PURCH\ADMN\Amendments 11-12\AC for Vehicle Loop Cutting Amendment #2 Agmt. 10-036.docx December 29, 2011, 11.31 A.M. A ADMINISTRATIVE REPORT C 'Wr n LIFO MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: S X. TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: December 29, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 10-107 with Kern Sprinkler Landscaping, Incorporated; adding $130,000 (for a total not to exceed amount of $354,648.25) to continue the supply of landscape and irrigation services. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On July 21, 2010, Council approved the Annual Contract for the supply of landscape and irrigation services to Kern Sprinkler Landscaping, Incorporated in the amount of $224,648.25; renewable annually thereafter for four consecutive one-year periods. On June 8, 2011, Council approved Amendment #1 extending the term one year., This contract has been used over the past few months for work at both the Sports Village and Mesa Marin fields that was not contemplated when the contract extension was approved. Due to these departmental actions it is now necessary to add funding to the contract amount in order to allow several other City projects to be completed in a timely manner. These projects include replacement of a water line at the Green Waste facility to meet the dust control requirements (project estimated at $25,000); landscape improvements for the Water Resources Department at two water well sites (project estimated at $20,000); additional work to City softball fields to comply with Amature Softball Association (ASA) standards, Beach Park irrigation installment in the area vacated by the removal of the concession building and on-call irrigation/landscaping needs for Parks and Recreation (costs estimated at $85,000). If approved, Amendment No. 2 will add $130,000 for a revised not to exceed amount of $354,648.25. Funds are budgeted in the Refuse Fund, the Water Fund and the General Fund sufficient to cover this proposed contract amendment. Approval of the amendment will allow the City Departments to continue to meet the City's landscape and irrigation service needs. Purchasing Division/ch S:\PURCH\ADMN\Amendments 11-12\AC for Landscaping and Irrigation Services Amendment #2 Agmt. 10-107.docx December 29, 2011, 11:31 A.M. MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8 TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: January 4, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: Amendment No. 1 to Agreement No. FD11-028 with Graham Prewett, Incorporated ($16,125; for a revised not to exceed amount of $41,125) for roof maintenance at Fire Station #8. (Ward 3) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On November 29, 2011 the City entered into Agreement No. FD11-028 for roof maintenance at Fire Stations #1, #2 and #8. Amendment No. 1 provides for additional work needed to repair the roof deck at Fire Station #8. The initial removal of roof decking components by the Contractor has revealed water damage to sub-decking and roof structure components due to chronic water intrusion below surface and sub-surface areas. This damage was unanticipated, and additional work is needed to complete the project. The additional work in the amount of $16,125 will include the removal of the rotted wood and replacement of the damaged roof structure. To alleviate further deterioration and additional costs associated with temporarily securing the roof against weather conditions, staff has authorized the Contractor to move forward with the additional roof structure repairs as an emergency measure to minimize damage to City property. Staff recommends approval of Amendment No. 1 to add $16,125 to the Agreement for a revised not to exceed amount of $41,125, to cover the costs associated with this unanticipated repair. Funds are available to pay for this amendment within the Capital Outlay Fund from savings recognized on the recent purchase of breathing apparatus for the Fire Department. There is no General Fund impact associated with this amendment. Purchasing DivisionAb S:\Purch\ADMIN\Admin 11-12\Amendment No. 1 to Agmt. I'D 11-028, Graham Prewett, Inc., January 11, 2012 BA+ ADMINISTRATIVE REPORT c 'y t MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: g, Z TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 29, 2011 APPROVED DEPARTMENT HEAD F CITY ATTORNEY kli- CITY MANAGER SUBJECT: Contract Change Order No. 14 to Agreement No. 09-076 with Security Paving Company, Inc. ($296,759.45; for a revised not to exceed amount of $84,375,656.46) for the Construction of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and 5). RECOMMENDATION: Staff recommends approval of Contract Change Order. 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 Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue (no interchange at this location). Change Order No. 14 provides for relocating a 12" water line, a low voltage electrical cable, and a high voltage overhead power line that are in conflict with the construction of the Westside Parkway. These utilities belong to the Alon-USA (Formerly Big West) Refinery and are located on property the City bought from the refinery for the Westside Parkway Project. Originally, this relocation work was going to be performed by Big West contractors at the City's expense. However, Big West subsequently filed for bankruptcy and consequently could not perform this work. When Alon-USA purchased the refinery, their management preferred to have the City's contractor perform this work. This change order results in a net increase of $296,759.45. Staff recommends approval of Contract Change Order No. 14. Change orders to date, including this proposed change order, total $7,803,211.39. This is a 10.2% increase over the original contract amount as illustrated below: • Original Contract Amount = $ 76,572,445.07 • Previous Change Orders = $ 7,506,451.94 • Current Change Order No. 14 = $ 296,759.45 • Amended Contract Agreement after Change Orders = $ 84,375,656.46 Net Increase to date = $ 7,803,211.39 Most of the added cost for project 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, KCWA management requested that the City construct this box culvert instead of the KCWA. Tdw:G:\GROUPDATWDMINRPT\2012\01-11\Admin Rpt CCO 14 WSP-2.docx m A', ADMINISTRATIVE REPORT NO When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available State funding to build the project. This resulted in portions of the project construction bid and contract award being accomplished 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 this contract change order. Tdw:G:\GROUPDAT\ADMINRPT\2012\01-11 Wdmin Rpt CCO 14 WSP-2.docx co A ADMINISTRATIVE REPORT ~ kw~,ts LF MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, QA. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul Rojas, Public Works Director December 29, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Contract Change Order No. 2 to Agreement No. 11-011 with MGE Underground, Inc. ($57,894.03; for a revised not to exceed amount of $4,702,116.43) for the Construction of the Westside Parkway Phase 6A Project (TRIP) (Ward 4). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: The Westside Parkway Phase 6A Utility Relocation Project consists of relocating approximately 3000 feet of 16-inch waterline, about 2800 feet of 36-inch sewer main line, and the construction of a concrete box culvert for a canal that supplies the Rosedale-Rio Bravo Water Storage District recharge operations. The project also includes the construction of a detour for Allen Road in the area of the Westside Parkway. All this work is in preparation for the next phase of the Westside Parkway, Phase 6B, which is the Allen Road Interchange/bridge which will be starting construction in the next few weeks. Change Order No. 2 provides for the construction of six elevated dirt pads to accommodate the relocation of six PG&E power poles in the construction area. This work had always been planned to be paid for by the City because these PG&E facilities are within a PG&E-owned easement; however, the work for relocating these power poles was originally going to be performed entirely by PG&E forces. In an effort to expedite this relocation and avoid delays with the construction of the Westside Parkway, PG&E agreed that the City's contractor could perform this part of the relocation work which will result in reducing what the City will pay PG&E for the relocation. This change order results in a net increase to the Westside Parkway Phase 6A Contract of $ 57,894.03. Staff recommends approval of Contract Change Order No. 2. This is a 1.2% increase over the original contract amount as illustrated below: Original Contract Amount = $ 4,644,222.40 Current Change Order No. 2 = $ 57,894.03 Amended Contract Agreement after Change Order = $ 4,702,116.43 Net increase to date = $ 57,894.03 Contract Change Order No. 1 is in progress and will be submitted to Council for action at a future date. Sufficient funds have previously been budgeted to fund this contract change order. Tdw:G:1GROUPDATWDMINRPT\2012\01-11\Admin Rpt CCO 2 WSP-6A.docx A OFD , S ADMINISTRATIVE REPORT LIF MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, b TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 28, 2011 APPROVED DEPARTMENT HEAD- /71 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 1 and 2 to Agreement No. 11-077 with Granite Construction Company ($106,941.22; revised not to exceed $1,314,649.22) for the project known as Pavement Rehabilitation 2011 Phase 3: Pacheco Road from Akers Road to Wible Road; and, Pacheco Road from Hughes Lane to South H Street (Wards 6 and 7). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for the reconstruction of roadway on Pacheco Road from Akers Road to Wible Road and from Hughes Lane to South H Street. Contract Change Order No. 1 provides for reconstructing the intersection of Hughes Lane. Due to favorable bids, there was sufficient funding to extend the project limits to the east side of Hughes Lane. The contractor has agreed to accept the contract unit prices for this additional work for a total of $97,124.86. Contract Change Order No. 2 provides for stabilization of wet and unstable soil found during construction. This soil needed to be removed and replaced in order to provide a stable surface for the new roadway. This change order also provides for increases and decreases in contract item quantities that were necessary in order to construct the project per the plans and specifications. The total cost of this change order is $9,816.36 The cumulative totals of Contract Change Orders 1 and 2 will increase the project total by $106,941.22 (which results in a 8.9% increase of the original contract amount) as illustrated below: • Original Contract Amount = • Amended Contract Agreement after Change Orders = Net Increase to date = There is no General Fund impact associated with these Change Orders. $1,207,708.00 $1,314,649.22 $ 106,941.22 RM (Construction) December 28, 2011, 3:21 PM G:\GROUPDAT ADMINRPT\2012\01-11\CCO 1 and 2 Pacheco Road Rehabilitation Project.doc MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: S. CG. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD AA4 DATE: December 21, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Terry Bedford Concrete Construction, Incorporated (not to exceed $412,900) for the construction of HUD curb and gutter. (Ward 1, 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to Bid were sent to over two hundred (200) contractors for the contract for construction of curbs, gutters and sidewalks in the areas of the city receiving HUD funding. Two bids were received in response to solicitation and are as follows. The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit price. Funds are budgeted in the current year Community Development Block Grant Entitlement for this contract. There is no General Fund impact associated with this contract. The contract award is for a one year period. BIDDER AMOUN Terry Bedford Concrete Construction, Inc. $412,900.00 Bakersfield, CA Jim Alfter Cement Contractor $428,762.50 Bakersfield, CA Staff finds the low bid submitted by Terry Bedford Concrete Construction, Inc., Bakersfield, to be acceptable and recommends approval of contract in the amount of $412,900. Purchasing Division/kb S:IPURCHWDMINWdmin 11-12\Contract for HUD-Funded Curb and Gutter, 11-12-48, January 11, 2012.docx December 21, 2011, 12:07PM A ° ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover - Recreation and Parks Director DEPARTMENT HEAD DATE: December 20, 2011 CITY ATTORNEYJ9.L CITY MANAGER IeS SUBJECT: Accept bid and award contract to Southern Hemisphere Shades, Inc. for Dr. Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure projects (Wards 1,247). RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This project includes the provision and installation of fabric shade structures over existing playground equipment at Dr. Martin Luther King Jr. Park located at1000 South Owens Street, Jefferson Park located at 801 Bernard Street, Planz Park located at1601 Planz Road, and Lowell Park located at 800 4th Street. Fabric shade structures can reduce playground temperatures by 10 to 15 degrees, providing a safe and welcoming environment for play. The engineer's estimate for this project was $130,000. Funding is available for the Dr. Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure projects within the Community Development Block Grant Fund. No General Fund monies will be used. On October 28, 2011, five bids were received; all of those bids are acceptable. Those bids are as follows: Southern Hemisphere Shades, Inc. 4212 Roseville Road, Unit G North Highlands, Ca 95660 Bid in the amount of $74,700.00 Courts and Greens 4039B Welltech Way Bakersfield, Ca 93308 Bid in the amount of $92,500.00 Community Playgrounds, Inc. 1620 Grant Avenue, Suite 5 Novato, Ca 94945 Bid in the amount of $107,388.00 Fleming Environmental inc. 1372 E. Valencia Drive Fullerton, Ca 92831 Bid in the amount of $121,000.00 December 20, 2011, 2:01 PM S:201 1 admin/shade structures ADMINISTRATIVE REPORT DMG Construction Inc. 1226 W. Stuart Ave. Fresno, Ca 93711 Bid in the amount of $123,200.00 Based on funds available, staff recommends acceptance of bid and award of contract to Southern Hemisphere Shades, Inc. kt December 20, 2011, 2:01 PM S:2011admiNshade structures PA h `cam. ADMINISTRATIVE REPORT o~~rucdIDMEETING DATE: January 11, 2012 l AGENDA SECTION: Consent Calendar ITEM: 8. e°C. TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD DATE: January 04, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $66,000 County Grant Revenues to the General Fund Police Operating Budget, to provide funding to deter, investigate, and prosecute real estate fraud crimes. RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: The California Government Code (GC 27388) provides each county with the authority to collect and establish a Real Estate Fraud Prosecution Trust Fund. The money placed in this trust must be expended to fund programs to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute real estate fraud crimes. Kern County's Real Estate Fraud Prosecution Trust Fund was established by the Board of Supervisors on October 30, 2007. The trust is funded by a fee of $2 paid for the recording of certain real estate instruments, pursuant to GC 27388. The funds are allocated by the Real Estate Fraud Prosecution Trust Fund Committee, which is comprised of representatives from the District Attorney's Office, County Administrative Office, Better Business Bureau, and the chief law enforcement officer of one law enforcement agency receiving funding from the Trust. The latter is a non-voting member selected to serve a one-year term, which may be renewed, by a majority of the other three representatives. On July 5, 2011, the Kern County Board of Supervisors approved the allocation of $66,000 to the Bakersfield Police Department for the investigation and deterrence of real estate fraud crimes, from the Real Estate Fraud Prosecution Trust Fund. The Bakersfield Police Department requests the amount of $66,000 be appropriated to the General Fund Police Operating Budget. DWB Page 1 of 1 u i ,,;'~lfa ADMINISTRATIVE REPORT . ,C,~1`) Fry? "apn4+nt MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: P. -M TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police APPROVED DEPARTMENT HEAD DATE: December 30, 2011 CITY ATTORNEY 1 - CITY MANAGER ^P SUBJECT: Appropriate $84,256.00 Fed eral Grant Revenues ( FY201 1-12 Sobriety Checkpoint Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On November 28, 2011 the Bakersfield Police Department was notified it was awarded $84,256.00 from the State Office of Traffic Safety (O.T.S.) for the FY2011-12 Sobriety Checkpoint Mini-Grant Award. The goal of the Sobriety Checkpoint Mini-Grant Program for FY201 1-12 is to reduce the number of victims killed and injured in alcohol-impaired crashes in participating cities. The Bakersfield Police Department will conduct a total of eight (8) sobriety checkpoints: two checkpoints during the Winter Holiday Mobilization (12/16/11 through 12/01/12, two checkpoints during the Labor Day Mobilization (08/17/12 through 09/03/12), and four additional checkpoints outside the mobilization periods. The funding source of this award is the National Highway Traffic Safety Administration through the California Office of Traffic Safety. Therefore, an appropriation of $84,256 Federal Grant Revenues to the General Fund Police Operating Budget is requested. DB Page 1 of 1 A ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 22, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~°cSSUBJECT: Audit Reports to be Referred to Budget and Finance Committee: 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2011. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2011. 3. Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2011. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2011. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2011. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2011. RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee. BACKGROUND: The City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the Annual Audit Report, for the fiscal year ended June 30, 2011 has been provided to the City Council as part of the packet for this meeting. A copy of the report will also be on file in the City Clerk's office for public review. The CAFR represents the City's financial statements as of June 30, 2011, which are audited by the accounting firm of Brown Armstrong Accountancy Corporation. The current year audit opinion issued by the outside auditors indicates that the City complied, in all material respects, with accounting principals generally accepted in the United States of America. 2. The Agreed Upon Conditions Report is designed to increase efficiency, internal controls and/or financial reporting. The current report has one reportable condition, which pertains to a minor variance in the way our accounting software distributes costs of purchase order line items that have multiple funding sources being charged to multiple project numbers. The S:1AdminlAdmin Reporte12011 CAFR refer to bud.doc December 21, 2011, 11:40AM A ADMINISTRATIVE REPORT City's software vendor has been made aware of the minor irregularity and is working on a program correction. In the interim, staff has implemented an additional procedure to manually review these special transactions to ensure any system generated variances are discovered and corrected. The report also addresses three conditions identified in the prior year which have all been resolved to the auditors' satisfaction. 3. Attached is a draft of the City's Single Audit Report for the fiscal year ended June 30, 2011. The Single Audit Report pertains to federal program monies expended by the City during the specified fiscal year. An Independent Audit is performed annually to review internal control procedures and compliance with federal guidelines in accordance with Office of Management & Budget (OMB) Circular A-133. This annual audit was performed by Brown Armstrong Accountancy Corporation as part of their contract to provide auditing services to the City of Bakersfield. The current compliance report issued by the outside auditors indicates that the City complied, in all material respects, with federal program guidelines. We expect the final report to be available for the January 2012 Budget and Finance Committee meeting. 4. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the Bakersfield Sub-regional Wastewater management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, is attached for your review and indicates that there were no audit findings. 5. Attached is a letter from the City's independent auditors Brown Armstrong Accountancy Corporation indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. 6. Attached is the independent audit report for the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal year ended June 30, 2011. This audit report presents the financial statements for this operational unit as of June 30, 2011. The City is under contract with SMG to manage the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an independent audit report to the City after the end of each fiscal year. This audit report was prepared by the accounting firm of Barbich, Longcrier, Hooper 8t King. S:%dmin\Admin Reports\2011 CAFR refer to bud.doc December 21, 2011, 11 40AM A OF m c■r RS ADMINISTRATIVE REPORT 1 cq IY A MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 8. VIV%. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation & Parks DATE: December 20, 2011 APPROVED DEPARTMENT HEADW- 14 CITY ATTORNEY 7 _ CITY MANAGER A SUBJECT: Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Attached is the City's annual compliance report for Park Impact Fees for the fiscal year ended June 30, 2011 prepared in accordance with California Government Code § 66006. On November 7, 1990, 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, Council established an orderly process for the dedication, reservation and acquisition of park land within the city 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. The Annual Compliance Report was made available to the public on December 14, 2011. jln S:\ADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\AB 1600 - acceptance.doc `,ytp AR, ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: j j TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 21, 2011 Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with California Government Code §66006. (Wards 3 & 6) APPROVED DEPARTMENT HEAD CITY ATTORNEY p~ CITY MANAGER RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Attached is the City's annual compliance report for Bridge Crossing 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 was made available to the public on December 14, 2011. 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. ps G:\GR0UPDAT\ADMINRPT\2012\01-11\MBTA Compliance Report admin.docx A OFy ro~+r ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: B ' TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 21, 2011 SUBJECT: Review and acceptance of the Fiscal for Planned Drainage Area Fees Government Code §66006. (All wards) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Year 2010-2011 Annual Compliance Report prepared in accordance with California RECOMMENDATION: Staff recommends acceptance of the report. 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 was made available to the public on December 14, 2011. 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. ps G:\GR0UPDAT\ADMINRPT\2012\01-11\PDA Compliance Report admin.docx F A± ADMINISTRATIVE REPORT MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: g, la. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 21, 2011 APPROVED DEPARTMENT HEAD 10 - CITY ATTORNEY CITY MANAGER SUBJECT: Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends acceptance of the report. 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 was made available to the public on December 14, 2011. 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. ps G:\GR0UPDAT\ADMINRPT\2012\01-11\PSA Compliance Report admin.docx A ~.f ADMINISTRATIVE REPORT 1 MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar ITEM: S. I(. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 21, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY_ CITY MANAGER SUBJECT: Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends acceptance of the report. 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 was made available to the public on December 14, 2011. 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. ps G:\GR0UPDAT\ADMINRPT\2012\01-1 l\TIF Compliance Report admin.docx MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar - Hearings ITEM: q, q, TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: December 9, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY ' CITY MANAGER S A SUBJECT: Public hearing and adoption of resolution making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This report constitutes the annual review and update of the Capital Improvement Plan (CIP) for the existing Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) in accordance with California Government Code Section 66002. The MBHCP is a joint-administered plan by both the City and County of Kern. The City Council initially approved the MBHCP on August 25, 1993. Following final approval by the California Department of Fish and Game and the U.S. Fish & Wildlife Service, the MBHCP became operational in August 1994. The plan and related permit terminate on August 24, 2014. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means for individuals and developers in the metropolitan Bakersfield area to avoid costly project- specific mitigation in complying with State and Federal Endangered Species Acts. The plan describes the estimated costs of the program and indicates the extent and types of facilities (land) to be acquired with the funding source. They also serve as the CIP for the MBHCP. The program is self-supporting and requires no support funds from the City or County. Developers currently pay a $2,145 per acre mitigation fee at grading plan approval to compensate for direct and indirect impacts on endangered species habitat from urban development. These funds are used to purchase and manage habitat lands consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. This fee also covers program administration, endowments for fencing, and maintenance that are tied to the automatic cost-of-living raises by the State. The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City of Bakersfield and Kern County. The trust group is comprised of ADMINISTRATIVE REPORT Paget representatives from both the City and County, advisory members from the California Department of Fish and Game and the U.S. Fish and Wildlife Service, and includes an at-large public member. The CIP, under the Trust Group's administration, has operated successfully in meeting the program's obligations under the terms of the agreement with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. So far over 21,047 acres of endangered species habitat land have been credited to implementation of the MBHCP. The program has acted to acquire almost 2,000 acres of habitat mitigation land in 2011. This places us ahead of the "take" as required by Federal and State law and the agreement. Therefore, no changes to the CIP are recommended and this update is a confirmation of the present plan. Staff will continue to monitor the adequacy of the CIP to ensure that the program meets its obligations. The Kern County Board of Supervisors is scheduled to adopt a resolution confirming the current CIP on January 10, 2012. Staff has determined that the annual update of the MBHCP CIP is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. Staff recommends adoption of the resolution updating the CIP for the MBHCP. cg\ S:\HCP\cap imprv\2012\Adm rept-2011 hcpcip.doc A of E ADMINISTRATIVE REPORT L~ MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar - Hearings ITEM: C1 - 6. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director December 20, 2011 Public hearing and adoption 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 adoption of the ordinance. BACKGROUND: First reading of this ordinance was given on December 14, 2011. The public hearing on this item was continued from the meetings of October 19th and November 16th and December 14th, 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, which was presented at the December 14th hearing. 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. ADMINISTRATIVE REPORT Page 2 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 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 2,605-:1 5.25% 40,123 -9,517: - - 19.17% 47,124 -2,516 : -----------------i----- -5.07% 44,814 -4,826 ; -9.72% 51,182 12542 ; 3-.-1-1%- 57,864 8,224 ; 16.57% 48,635 -1,005 ; -2.02% 46,177 -3,463 ; -6.98% 48,016 -1,624 ; -3.27% -------50,105------ -----------465 i-------0.94%- 47,970----- ---------1,670 -=3.36%_ -------57,117------ 7,477-;--- 15.06%q- 52,311----- 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. First reading of the ordinance amending the Ward boundaries as proposed in Concept 6 was given December 14, 2011. 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 hearings (letters of support were received), includes changes recommended by Councilmembers based on Concepts 1 and 1 A, and is compliant with the Federal Voting Rights Act. Therefore, Staff recommends adoption of the ordinance. JE: s:\dana\admins\2012\jan\1-11 reapportionment public hearing - adoption.doc U T A ADMINISTRATIVE REPORT MEETING DATE January 11, 2012 AGENDA SECTION: Closed Session ITEM: 10. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: December 12, 201 1 CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Initiation of Litigation Closed session pursuant to subdivision (c) of Government Code section 54956.9 (One potential case). VG/JHR:Isc S:\COUNCIL\CI Sess\Adm1ns\11-12\1-11-121nit 1t.docx ( L) 9 ADMINISTRATIVE REPORT MEETING DATE January 11, 2012 AGENDA SECTION: Closed Session ITEM: 1 0. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: January 3, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (one matter). VG:Isc S:\COUNCIL\CI Sess\Admins\11-12\1-11-12POLlt.docx ADMINISTRATIVE REPORT MEETING DATE January 11, 2012 AGENDA SECTION: Closed Session ITEM: 10 - C. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 6-- DATE: December 6, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Public Employee Performance Evaluation - City Attorney Closed session pursuant to Government Code section 54957(b) (1) / 54957.6. VG:Isc S:\COUNCII\CI Sess\Admins\1 1-12\1-1 1-12Eval-CA.docx A O~yeovu ,ra S U ~ C ADMINISTRATIVE REPORT C + Y IL MEETING DATE: January 11, 2012 AGENDA SECTION: Reports ITEM: 13, A. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director January 5, 2012 California Supreme Court Decision Regarding Dissolution of Redevelopment Agencies: 1) A Resolution determining that the City of Bakersfield elects to, and shall, serve as the successor agency to the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code Section 34173. 2) A Resolution determining that the City of Bakersfield shall retain the housing assets and functions of the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code § 34176. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER P~ RECOMMENDATION: 1) Staff recommends adoption of the Resolution for City Council to serve as successor agency of the Bakersfield Redevelopment and direct the City Clerk to file Resolution with the County Auditor - Controller as required by the State of California Dissolution Act ABxI 26. 2) Staff recommends adoption of the Resolution for City Council to retain the housing assets and functions of the Bakersfield Redevelopment Agency and direct the City Clerk to file Resolution with the County Auditor- Controller as required by the State of California Dissolution Act ABxI 26. BACKGROUND: The Supreme Court delivered its decision in the California Redevelopment Association v Matosantos case, finding the Dissolution Act ABxI 26 constitutional and ABxI 27 unconstitutional. The Court's decision means that all Redevelopment Agencies will be dissolved under the constitutional Dissolution Act and none will have the opportunity to opt into continued existence under the unconstitutional Alternative Redevelopment Program Act. The court also determined to push back several deadlines in the Dissolution Act arising prior to May 1, 2012. The Dissolution Act continues the suspension and prohibition of most redevelopment activities in effect since late June 2011. The act dissolves Redevelopment Agencies as of February 1, 2012 (the new dissolution date established by the Supreme Court). It creates Successor Agencies and Oversight Boards to continue to satisfy enforceable obligations of each former Redevelopment S:\Admins\City Council\City Council Admins 2012\Successor Agency.Doc January 5, 2012 8:31 AM DK ADMINISTRATIVE REPORT Page 2 Agency, and administer the dissolution and wind down each dissolved Redevelopment Agency It establishes roles for the County Auditor- Controller, the department of Finance and the State Controller's Office in the dissolution process and satisfaction of enforceable obligations of former Redevelopment Agencies. The Successor Agency's liability for serving in this capacity is expressly limited in AB1x26 [Health & Safety Code Section 34173(e)] to the property tax increment the Successor Agency receives to pay enforceable obligations and the value of any RDA assets transferred to it, so the City's general funds and other funds are not at risk if the City elects to be the Successor Agency to the dissolved RDA. Any measure of control by the City of dissolution process would be significantly lessened, if not eliminated if the City is not the Successor Agency. This would include lack of control over the schedule that contains all of the Redevelopment Agency's financial obligations and it would not be the entity that has interaction with the Oversight Board. All Redevelopment Agencies will be dissolved and their Successor Agencies will begin to function on February 1, 2012. Until February 1, 2012, a Redevelopment Agency is authorized to make scheduled payments on and perform obligations required under its "Enforceable Obligations," which include: • Bonds • Loans • Payments required for employee payrolls and pension obligations • Judgments or settlements • Legally binding and enforceable agreements • Contracts for administration or operation • Set Aside reserves required for bonds • Preservation of all assets and records and minimize Redevelopment Agency obligations and liabilities • Cooperate with its Successor Agency and auditing entities • Avoid triggering defaults under Enforceable Obligations Successor Agency A Successor Agency will be the Sponsoring Community of the Redevelopment Agency unless it elects not to serve in that capacity. In that case, the Successor Agency will be the first taxing entity submitting to the County Auditor -Controller a duly adopted resolution electing to become the Successor Agency. A Sponsoring Community needs to adopt a resolution indicating a clear statement of intent to become the Successor Agency and deliver it to the County Auditor- Controller no later than January 13, 2012. The Successor Agency will be monitored by the Oversight Board. All Redevelopment Agency assets, properties, contracts, leases, records, buildings and equipment would be transferred to the control of the Successor Agency, except for affordable housing assets. The Sponsoring Community may also elect to assume the housing functions and take over the assets of the former Redevelopment Agency, excluding amounts in the Redevelopment Agency's Housing fund, thereby becoming a "Successor Housing Agency" to the former S:\Admins\City Council\City Council Admins 2012\Successor Agency.doc 1/5/2012 8:31 AM DK ADMINISTRATIVE REPORT Page 3 Redevelopment Agency. A Resolution is also required to that effect by January 13, 2012. If the Sponsoring Community does not elect to become the Successor Housing Agency, such housing functions and all related assets will be transferred to the local housing authority. The Successor Agency is required to make payments and perform other obligations due for "Enforceable Obligations" of the former Redevelopment Agency. A Successor Agency is required to prepare a Recognized Obligation Payment Schedule for each six month period of each fiscal year, including identifying the funding source. Activities of the Successor Agency include: • Dispose of the former Redevelopment Agency's Assets in a timely manner aimed at maximizing value. The proceeds are turned over to the Auditor-Controller to distribute as normal property tax proceeds. • Effectuate the transfer of housing functions to the Successor Housing Agency. • Wind down all other affairs of the former redevelopment Agency • Prepare administrative budgets for Oversight Board approval and pay administrative costs. Administrative costs will be an amount up to 5% of the property tax allocated to the Successor Agency for FYI 1/12 and up to 3% each succeeding fiscal year but shall not be less than $250,000 for any fiscal year subject to the Oversight Board approval. Oversight Board The Oversight Board is intended to supervise the activities of the Successor Agency. It has a fiduciary responsibility to the taxing entities that benefit from distributions of property tax and other revenue. The Oversight Board consists of the following membership appointed by the following: • County Board of Supervisors (2 members) • Mayor (1 member) • County Superintendent of Education (1 member) • Chancellor of California Community Colleges (1 member) • Largest special district taxing entity (1 member); and • RDA employee appointed by the Mayor (1 member) The Oversight Board membership must be completed by May 1, 2012. The actions of the Oversight Board will in turn be overseen by the Director of the Department of Finance and may be subject to disapproval or modification. In addition to the Oversight Board, many new accounting and audit functions will be assigned to the County Auditor-Controller. Most importantly the Auditor will establish a Trust Fund for each former Redevelopment Agency and will deposit the monies that previously went to the Redevelopment Agency. The Auditor-Controller will release funds to the Successor Agency to enable the Successor Agency to pay enforceable obligations, including bonds and administrative costs. Remaining funds in the Trust Fund will be allocated to school entities and other local taxing entities the same as property taxes. A Key Milestones Chart for implementation of the Dissolution Act is attached. S:\Admins\City Council\City Council Admins 2012\Successor Agency.doc 1/5/2012 8:31 AM DK MEETING DATE: January 11, 2012 AGENDA SECTION: Reports ITEM: 13, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 28, 2011 Thomas Roads Improvement Program (TRIP) Update (Various Wards) APPROVED DEPARTMENT HEAD LLA CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Staff will provide a brief update on TRIP and in particular, on the Rosedale Highway Widening Project for which the Draft Environmental Document is currently being circulated for public comment. Tdw; G:\GROUPDAT\ADMINRPT\2012\01-11 \TRIP Update Admin.docx MEETING DATE: January 11, 2012 AGENDA SECTION: NEW BUSINESS ITEM: 15. 0., TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 15, 2011 CITY MANAGER k'J APPROVED DEPARTMENT HEAD /✓CITY ATTORNEY SUBJECT: Resolution authorizing the issuance and sale of not to exceed $25 million in aggregate principal amount of City of Bakersfield, California Wastewater Revenue Refunding Bonds Series 2012A; approving a third supplemental trust indenture, a remarketing agreement, a standby bond purchase agreement, an official statement, a bond purchase agreement, an escrow agreement, and a continuing disclosure certificate and authorizing and directing additional actions in connection with the issuance of the Revenue Refunding Bonds. RECOMMENDATION: Staff recommends approval of the Resolution. BACKGROUND: Staff provided a report to the Budget and Finance Committee at their September 26, 2011 meeting regarding the current status of the Wastewater Revenue Bond (Series 2007B) variable rate debt. The City Council took action at their October 19, 2011 meeting to authorize a partial bond call of the variable rate debt and to pursue replacement of the current liquidity provider for the estimated $25 million of remaining variable rate debt. Staff worked with our bond consultants and solicited proposals from Banks to replace our current liquidity provider. Three proposals were received and evaluated, with J P Morgan Chase Bank, National Association being selected as the best overall proposal to provide the City with the required liquidity services for the remaining variable rate debt. In order to complete the changeover of liquidity providers, the remainder of the outstanding Series 20078 variable rate bonds need to be "refunded" and re-issued under new legal documents. Adoption of the above Resolution and related documents provides for the completion of this debt refunding process. The Resolution is provided in its entirety for your review. The other documents referenced are too voluminous to reproduce in your packets, but a full set of documents are available for review in the City Clerks' Office for public review prior to the meeting date. No new debt is being incurred. The legal fees and other costs associated with this refunding were approved by budgetary actions taken at the October 19, 2011 meeting. nks SAAdminWdmin reports\Admin - wastewater variable rate bond actions october 2011.doc Sept. 15, 2011 4826-0198-1440.2 BAKERSFIELD CITY COUNCIL MINUTES 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 Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Salas, Benham (seated at 6:05 P.M.), Weir, Hanson, Sullivan (seated at 5:25 p.m.) Johnson Absent: None City Clerk Gafford announced staff has requested that Consent Calendar items 9.j. and 9.u. be pulled from the agenda. 2. INVOCATION by Pastor Mark Ariey, Lutheran Church of Prayer. 3. PLEDGE OF ALLEGIANCE by Laura Heinemann, 2nd grade student at St. John's Lutheran School. Mayor Hall acknowledged the students from the Ridgeview High School Government class in attendance at the meeting to learn about City government. City Manager Tandy introduced Scott Neal, the new general manager of the Rabobank Arena, Theater, and Convention Center, for SMG. General Manager Neal made comments. 4. PRESENTATIONS a. Proclamation by City Council to Mayor Harvey Hall declaring December 14, 2011, as Harvey L. Hall Day. ACTION TAKEN Mayor Hall accepted the Proclamation in recognition of being awarded the "Iron Eyes Cody Award" and made comments. Bakersfield, California, December 14, 2011 - Page 2 5. PUBLIC STATEMENTS a. Aaron Gundry-Monji, with Monji Landscape Companies, spoke regarding green design and their living building. b. Liz Keogh spoke regarding the contract for animal sheltering and submitted written material. C. Stephanie Campbell spoke regarding the upcoming annual Martin Luther King, Jr., Breakfast and events on January 16, 2012, and submitted written material. 6. WORKSHOPS a. Sports Village Phase I and Phase II naming rights agreement with State Farm® for $500,000 for a five year term. Recreation and Parks Director Hoover made staff comments, and introduced David Hernandez, Vice-President of Operations for State Farm Insurance, who made comments. ACTION TAKEN Motion by Councilmember Sullivan to approve APPROVED the naming rights agreement with State Farm® AS BENHAM for Sports Village Phase 1 and Phase ll and accept the terms of the agreement as presented. Mayor Hall joined Recreation and Parks Director Hoover and Mr. Hernandez at the podium for a check presentation by State Farm. b. PG&E presentation regarding Plans for the Kern Power Plant. Cynthia Pollard, Manager of Government Relations for PG&E, provided an update on their plans for cleaning up the Kern Power Plant. Vice-Mayor Couch thanked Ms. Pollard for her presentation, and staff for their work on this matter. Vice-Mayor Couch asked staff to provide a quarterly update on the progress of the cleanup. Bakersfield, California, December 14, 2011 - Page 3 8. City Clerk Gafford announced Councilmember ACTION TAKEN Benham had requested that Item 8., Appointments, be moved forward at this time. 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. There were three applicants: incumbent Morris Mahlmann, Richard Schwartz, and Jim Wertz; therefore, ballots were used. Ward 1 Mahlmann Ward 2 Absent Ward 3 Schwartz Ward 4 Mahlmann Ward 5 Schwartz Ward 6 Mahlmann Ward 7 Schwartz Mayor Hall voted to break the tie; he voted for Mahlmann. Motion by Vice-Mayor Couch to reappoint APPROVED Morris Mahlmann to a 2-year term on the Kern AB BENHAM Mosquito and Vector Control District Board. 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. There were five applicants: incumbent Ronald Eaves, Henry Castaneda, Roy Malahowski, Glenn Porter, and Murray Tragish; therefore, ballots were used. Ward 1 Castaneda Ward 2 Absent Ward 3 Eaves Ward 4 Eaves Ward 5 Eaves Ward 6 Eaves Ward 7 Eaves Motion by Vice-Mayor Couch to reappoint APPROVED Ronald Eaves to a 3-year term on the Fire Civil AB BENHAM Service Board. Bakersfield, California, December 14, 2011 - Page 4 S. APPOINTMENTS continued 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. ACTION TAKEN There were eight applicants: incumbent Tom Dorlis, incumbent Gregory Klimko, Henry Castaneda, Roy Malahowski, Margaret Pyles, Mandeep Singh, Murray Tragish, and James Williams; therefore, ballots were used. Ward 1 Singh Ward 2 Absent Ward 3 Dorlis Ward 4 Dorlis Ward 5 Dorlis Ward 6 Dorlis Ward 7 Singh Motion by Vice-Mayor Couch to reappoint Tom Dorlis to a 3-year term on the Miscellaneous Civil Service Board. Ward 1 Singh Ward 2 Absent Ward 3 Klimko Ward 4 Klimko Ward 5 Klimko Ward 6 Klimko Ward 7 Singh Motion by Vice-Mayor Couch to reappoint Gregory Kllmko to a 3-year term on the Miscellaneous Civil Service Board. Ward 1 Singh Ward 2 Absent Ward 3 Castaneda Ward 4 Tragish Ward 5 Tragish Ward 6 Singh Ward 7 Tragish Motion by Vice-Mayor Couch to appoint Murray Tragish to t111 the unexpired term of Percy A. Robinson, whose term expires on December 31, 2013, on the Miscellaneous Civil Service Board. APPROVED AB BENHAM APPROVED AB BENHAM APPROVED AB BENHAM Bakersfield, California, December 14, 2011 - Page 5 8. APPOINTMENTS continued ACTION TAKEN 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. There were six applicants: incumbent Kenneth Vetter, Henry Castaneda, Roy Malahowski, Glenn Porter, Murray Tragish, and James Williams; therefore, ballots were used. Ward 1 Vetter Ward 2 Absent Ward 3 Vetter Ward 4 Vetter Ward 5 Vetter Ward 6 Vetter Ward 7 Vetter Motion by Vice-Mayor Couch to reappoint APPROVED Kenneth E. Vetter to a 3-year term on the AB BENHAM Police Civil Service Board. 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. One application was received from incumbent Stuart Patteson; therefore, ballots were not necessary. Motion by Vice-Mayor Couch to reappoint APPROVED Stuart Patteson to a 4-year term on the North of AB BENHAM the River Recreation and Park District Board. 7. Councilmember Benham arrived at the meeting at 6:05 p.m. HEARINGS a. Public Hearing to consider Resolution in RES 119-11 Opposition to the High Speed Rail Project, as currently proposed. Motion by Vice-Mayor Couch to allow 30 minutes for APPROVED each side to speak on this Item. Bakersfield, California, December 14, 2011 - Page 6 7. HEARINGS continued Item 7.a. continued City Manager Tandy made staff comments and recommended adoption of the Resolution opposing the current project as proposed in its entirety. City Clerk Gafford announced that three phone calls were received in opposition to the high speed rail; and that staff has provided a memorandum amending the Resolution. Hearing opened at 6:27 p.m. The following individuals spoke in opposition to the staff recommendation: Lance Simmons, Deputy Director of Communications for the California High Speed Rail Authority; Arthur Unger (submitted written material); Marvin Dean (submitted written material); Larry Fredeen; and John Spaulding, representing the Kern, Inyo and Mono Counties Building and Construction Trades Council. The following individuals spoke in support of the staff recommendation: Jeff Taylor, Co-Founder and Chairman of the Save Bakersfield Committee; Dr. Girish Patel; Anil Mehta, Co-Founder of the Save Bakersfield Committee; Bill Descary (submitted written material); William Davis, with the Tea Party of Bakersfield; Richard Holdcraft, with the Bakersfield Tea Party; Rob Foster, a senior at Bethel Christian School; Bill Lynde, with the Bakersfield Tea Party; Austin Lewis; Betsy Ramsey, on behalf of Assemblyman David Valadao (submitted written material); Dr. Sung Jung; Heather Herndon, representing World Oil; Tom Kuekes; Graham Kaye-Eddie (submitted written material); Allen Scott, representing Citizens for California High Speed Rail Accountability, Kings County; Aaron Fukuda, Co-Founder of Citizens for California High Speed Rail Accountability; and Richard Valle, Kings County Supervisor, District 2. No one spoke in rebuttal. ACTION TAKEN Hearing closed at 7:44 p.m. Bakersfield, California, December 14, 2011 - Page 7 7. HEARINGS continued Item 7.a. continued Councilmembers Johnson and Hanson indicated that they would support the staff recommendation. Councllmember Weir made a motion to adopt the staff recommendation. Councilmember Benham advised she would not be supporting the resolution. Councilmembers Sullivan and Salas indicated they would support the staff recommendation. Vice-Mayor Couch advised he was In support of the staff recommendation; however, if this resolution proves to be Ineffective, he requested the City of Bakersfield continue to be at the table and work professionally with the High Speed Rall Authority to get the best result possible if the project continues. ACTION TAKEN Motion by Councilmember Weir to adopt the APPROVED Resolution, and Incorporating the NOES BENHAM December 14th memorandum amending the Resolution In Opposition to the High Speed Rall Project, as currently proposed. Recess taken from 8:09 p.m. to 8:19 p.m. b. Public Hearing and First Reading of an FR Ordinance amending Chapter 1.12 of the Municipal Code revising the boundaries of City Council Wards 1 through 7. (Hearing opened b continued at meetings 9/28/11,10/19/11 3 11/16/11) City Clerk Gafford announced that correspondence was received in support of Concept 6. Planning Director Eggert made staff comments, provided a PowerPoint presentation, and recommended approval of Concept 6 and First Reading of the Ordinance. Hearing opened at 8:23 p.m. Bakersfield, California, December 14, 2011 - Page 8 7. HEARINGS continued ACTION TAKEN Item 7.b. continued No one spoke in opposition to the staff recommendation. Irma Carson, Wesley Crawford, and Marvin Dean spoke in support of the staff recommendation. Hearing closed at 8:27 p.m. Motion by Councllmember Salas to approve APPROVED staff's recommendation and First Reading of the Ordinance. 9. CONSENT CALENDAR City Clerk Gafford reiterated that Consent Calendar items 9.j. and 9.u., as previously noted, have been removed by staff; announced that staff has provided a memorandum indicating three additional postcard responses were received from occupants regarding item 9.i.; and staff provided minor changes to the Agreement regarding item 9.v.2. 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: C. Adoption of Ordinance approving a Negative ORD 4654 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) Bakersfield, California, December 14, 2011 - Page 9 9. CONSENT CALENDAR continued 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 13.1.f. relating to sign development. 5. Section 17.60.070, Subsection G.5 relating to electronic signs. Resolutions: e. Resolution adopting the Investment Policy of the City. 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. 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. ACTION TAKEN ORD 4655 ORD 4656 ORD 4657 ORD 4658 ORD 4659 RES 120-11 RES 121-11 RES 122-11 RES 123-11 RES 124-11 Bakersfield, California, December 14, 2011 - Page 10 9. CONSENT CALENDAR continued 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. 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: 1. 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. ACTION TAKEN REMOVED BY STAFF RES 125-11 AGR 11-153 RES 126-11 AGR 11-154 AGR 111-11(1) Bakersfield, California, December 14, 2011 - Page 11 9. CONSENT CALENDAR continued ACTION TAKEN n. Resolution of Intention No. 1705 to add territory, ROI 1705 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. Agreements: o. Agreement with Kern High School District (not to AGR 11-155 exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. P. Installation and Access Agreement with Bright AGR 11-156 House Networks, Inc. (no cost to City) for high speed internet service to the Bakersfield Amtrak Station. q. Agreement with Wilson & Associates (not to AGR 11-157 exceed $109,200) to provide continuing disclosure services for various Special Assessment Districts. r. Consultant Agreement with Soils Engineering AGR 11-158 Inc. ($678,625) to provide materials testing services for calendar years 2012 and 2013. S. Consultant Agreements with McIntosh & AGR 11-159 Associates ($200,000), Meyer Engineering AGR 11-160 ($200,000) and MNS Engineers ($200,000) to AGR 11-161 provide "on-call" construction inspection services for development projects and Capital Improvement Program. t. Agreement with Polydyne, Inc. ($461,904) to AGR 11-162 provide dewatering polymer for Wastewater Treatment Plant No. 3. U. Agreement for Mitigation of Public Facility REMOVED BY STAFF Impacts (Pending Annexation No. 500): 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. Bakersfield, California, December 14, 2011 - Page 12 9. CONSENT CALENDAR continued Item 9.u. continued 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): 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. 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. ACTION TAKEN AGR 11-163 AGR 11-164 AGR 11-165 AGR 11-053(1) AGR 10-075(2) Bakersfield, California, December 14, 2011 - Page 13 9. CONSENT CALENDAR continued ACTION TAKEN Z. Amendment No. 1 to Agreement No. 10-176 AGR 10-176(1) 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 AGR 10-177(3) 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 AGR 06-053(5) 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 AGR 09-171(2) with Amber Chemical, Inc. ($50,000; revised not to exceed $200,000 and extends term one year) to continue the supply of pool chemicals. 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 AGR 11-017(1) 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. ee. Contract Change Order Nos. 12 and 14 to AGR 08-214 Agreement No. 08-214 with Security Paving 00012, 00014 Company, Inc. ($46,411.82: revised not to exceed $29,147,121.72) for construction of the Westside Parkway Phase 1 Project. (TRIP) ff. Contract Change Order Nos. 8, 15, 19, 20, 23, AGR 09-076 and 27 to Agreement No. 09-076 with Security 0008, 00015, Paving Company, Inc. ($103,943.50; revised not 00019, 00020, to exceed $84,072,500.21) for the construction 00023, 00027 of the Westside Parkway Phase 11 Project. (TRIP) Bakersfield, California, December 14, 2011 - Page 14 9. CONSENT CALENDAR continued ACTION TAKEN 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. 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. 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. kk. Accept bid and approve contract with AGR 11-166 Boething Treeland Farms, Inc. (not to exceed $75,000) for the supply of plants and shrubs. II. Accept bid and approve contract with Sierra AGR 11-167 Construction and Excavation Inc. ($67,650) for McCutchen Road Sewer Abandonment. mm. Accept bid and approve contract with Loop AGR 11-168 Electric, Inc. ($133,329.25) for construction of traffic signal and lighting system installation at Buena Vista Road and Campus Park Drive. nn. Traffic Signal Modification: Stockdale Highway and Montclair Street: 1. Accept low bid and approve contract AGR 11-169 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. Bakersfield, California, December 14, 2011 - Page 15 9. CONSENT CALENDAR continued ACTION TAKEN oo. Rehabilitation of Three Sewer Lift Stations: 1. Accept bid and approve contract with AGR 11-170 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: 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. 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. 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. Bakersfield, California, December 14, 2011 - Page 16 9. CONSENT CALENDAR continued ACTION TAKEN 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). Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar Items 9.a. through 9.vv., with the removal of Items 9.j. and 9.u., and the addition to Item 9.1. and the changes to Item 9.v.2. 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) (B)/(b) (3) (C) of Government Code Section 54956.9 (threat of litigation regarding right-of-way issues on Truxtun Avenue). Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 8:30 p.m. Motion by Councllmember Weir to adjourn from APPROVED Closed Session at 9:15 p.m. RECONVENED MEETING AT 9:16 p.m. 11. CLOSED SESSION ACTION 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)(B)/(b)(3)(C) of Government Code Section 54956.9 (threat of litigation regarding right-of-way issues on Truxtun Avenue). CITY ATTORNEY GIVEN DIRECTION NO REPORTABLE ACTION Bakersfield, California, December 14, 2011 - Page 17 12. 13. 14. 15. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider an adjustment to the Water Availability Fee for the City's Domestic Water System. 1. Resolution setting Domestic Water RES 127-11 Availability Fee for Ashe, Fairhaven and Riverlakes Ranch service areas. (Staff recommends adoption of Resolution.) b. Public Hearing to consider Resolution approving RES 128-11 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.) C. Public Hearing on Resolution of Necessity to RES 129-11 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 Resolutlon.) Consent Calendar Public Hearings opened at 9:17 p.m. No one spoke. Consent Calendar Public Hearings closed at 9:17 p.m. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar Public Hearings Items 12.a. through 12.c. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. Bakersfield, California, December 14, 2011 - Page 18 16. COUNCIL AND MAYOR STATEMENTS Counciimember Johnson thanked State Farm Insurance, Fire Chief Greener and the Fire Department for their assistance in doing a smoke detector distribution program in Ward 7. Counciimember Johnson referred the Issue of civil gang Injunctions, as discussed In Western City Magazine, to the Safe Neighborhoods Committee for review and possible adoption by the City of Bakersfield. Counclimember Weir thanked Mayor Hall, staff and legislators who attended a community meeting in Ward 3 last night regarding access to commercial property from Highway 178, and the fixing of the 178/184 intersection, advised the slides used at the meeting are now available on the City's website; and he wished everyone Merry Christmas. Councllmember Salas asked staff to check on the left turn signal at Panama and Union, which appears to not be functioning properly and causing traffic to back up. Councilmember Salas thanked staff for starting to look into the streetlights at Tyner Ranch. Councilmember Salas thanked Recreation and Parks Director Hoover for beginning the process of assessing the Planz pool, as a result of the recent Community Services Committee Meeting. Councllmember Solos asked staff to look at the potholes at South Chester and El Serrano, just north of Ming Avenue. Councilmember Salas ask staff` to check the Graffiti application for phones, which does not appear to be functioning properly. Councilmember Hanson acknowledged a nice Community Voices article published in the newspaper a few weeks ago written by Nesta Arone, regarding our city and its family values. ACTION TAKEN Councilmember Hanson congratulated Mayor Hall for receiving the "Iron Eyes Cody Award." Bakersfield, California, December 14, 2011 - Page 19 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Hanson thanked Water Resources Manager Chianello and staff for the recent work done at Campus Park South. Councilmember Hanson stated he hoped Councilmember Sullivan will feel better soon, and he wished everyone a Merry Christmas and Happy New Year. Councilmember Sullivan congratulated Mayor Hall for receiving the "Iron Eyes Cody Award." Councilmember Sullivan mentioned that she rode on a fire truck for the Christmas Parade and thanked the Fire Department for the opportunity; and she wished everyone Merry Christmas and Happy New Year. In response to a question from Vice-Mayor Couch regarding the one-page table received earlier in the meeting regarding the animal control budget history, City Manager Tandy advised that Council will receive background information in their Friday memorandum. Vice-Mayor Couch suggested moving the December 2012 Council Meeting from the 12th to the 11th, and bring it back for adoption at the next meeting. Vice-Mayor Couch wished everyone Merry Christmas and Happy New Year. Mayor Hall expressed his appreciation to the City Council for the Proclamation; and he wished everyone Merry Christmas and a Happy Holiday Season. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 9:26 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield