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03/21/12_CC_AGENDA_PACKET
Alo),.., - ,, 'sr v '' k, ►� .'3�" BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 21, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Reverend Elias Abdallah, Bakersfield First Assembly Church. 3. PLEDGE OF ALLEGIANCE by Zachary Fraze, 6Th grade student at Valley School. 4. PRESENTATIONS: a. Presentation by Mayor Hall of a Proclamation to Judy Normoyle, declaring April National Donate Life Month. b. Presentation by Mayor Hall of a Proclamation to Kristie Achee, President of the local California Land Surveyors Association, declaring March 18-24, 2012, National Surveyors' Week. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. 2012 City Council Goals Update: 1. Report on Accomplishments of Goals for 2011. 2. Update of Goals Document for 2012. 7. APPOINTMENTS a. Two appointments to the Historic Preservation Commission due to the expiration of terms of Patricia Lee Duffel and Susan B. Stussy, whose terms expire March 30, 2012. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 7, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from February 24, 2012 to March 8, 2012 in the amount of $21,404,176.17, and self-insurance payments from February 24, 2012 to March 8, 2012 in the amount of $964,384.43, totaling $22,368,560.60. Ordinances: c. Adoption of Ordinance amending section 10.36.030 of the Municipal Code relating to the Bus Zones. (FR 03/07/12) 8. CONSENT CALENDAR continued Resolutions: d. Resolution amending the local implementation procedures of the California Environmental Quality Act (CEQA). (Ward 7) e. Sewer connection fee assessment for 1013 Panama Lane: 1. Resolution confirming assessment for sewer connection fee and authorizing collection of assessment by the Kern County Tax Collector. 2. Agreement with Celso C. Quinones and Jessica Condor, to pay sewer connection fee in installments through the Kern County Tax Collector. Agreements: f. Agreement with San Joaquin Community Hospital ($25,000 annually) for a period of seven years for naming rights of the Ice Sports Center. (Ward 7) g. Real Property Acquisition for future Hosking Road and State Route 99 Interchange Project(TRIP): 1. Purchase Agreement with KB Partners LLC for property located at 2250 Hosking Road, ($2,575,000). 2. Appropriate $500,000 in Traffic Impact Fees, $366,180 County Reimbursement for the 7th Standard Road Project, and $1,405,941 fund balance to the Public Works Department's Capital Improvement Budget for the Hosking Road Interchange Project within the Transportation Development Fund. 3. Transfer $527,879 of project savings from various Capital Improvement Projects to the Hosking Road Interchange Project within the Transportation Development Fund. (Ward 7) h. Amendment No. 1 to Agreement No. 07-131 with John Giumarra, Jr., and Samsara Investment Corporation and Terra Group, Inc., to exchange properties relating to the Hosking Avenue/Highway 99 Interchange Project. (Ward 7) i. State Route 99 at Hosking Avenue Interchange Project(PS&E) (TRIP): 1. Amendment No. 2 to Agreement No. 07-132 with Parsons Transportation Group Inc.($343,262; revised not to exceed $3,294,477.76), for additional environmental and engineering services for Project Approval and Environmental Documents (PA&ED), and Plans, Specifications and Estimate (PS&E). 2. Appropriate $343,262 Transportation Development Fund balance to the Public Works Department Capital Improvement budget within the TDF TRIP local match fund. (Ward 5) j. Relocation of electric distribution facilities in conflict with City's Westside Parkway Phase 2 Project(TRIP): 1. Approve Utility Agreement with Pacific Gas and Electric Company ($523,703.29)for the relocation. 2. Appropriate $523,704 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the TDF TRIP local match fund. 2 City Council Meeting of 03/21/2012 8. CONSENT CALENDAR continued (Ward 2,4,5) k. Westside Parkway Engineering Design Services(PS&E) (TRIP): 1. Amendment No. 4 to Agreement No. 07-082 with AECOM USA, INC. ($416,889; revised not to exceed $15,656,684), for engineering design services for the Westside Parkway Project. 2. Appropriate $416,889 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the TDF TRIP local match fund. (Ward 2,4,5) I. Westside Parkway Phase 2 Protect(TRIP): 1. Contract Change Order Nos. 22, 29, 35, 40 and 41 to Agreement No. 09-076 with Security Paving Company, Inc. ($2,859,881.86; revised not to exceed $87,240,538.32), for the project. 2. Appropriate $1,404,000 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No. 3)to the Public Works Department's Capital Improvement Budget. (Ward 2) m. Westside Parkway Phase 4 Project(TRIP): 1. Contract Change Order Nos. 4 and 9 to Agreement No. 10-168 with Security Paving Company, Inc. ($180,602.50; revised not to exceed $22,407,683.95), for the construction of the project. 2. Appropriate $180,602.50 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the TDF TRIP local match fund. (Ward 2,6) n. Contract Change Order Nos. 1 through 3 to Agreement No. 11-039 with Loop Electric, Inc. ($40,719.46; revised not to exceed $235,725.56), for the Install Traffic Monitoring Cameras-Part 2 Project. (Ward 2) o. Contract Change Order No. 5 to Agreement No. 11-068 with Kern Pacific Construction ($14,225.66; revised not to exceed $5,017,408.55) for the Streetscape Improvements, Q Street, Truxtun Avenue to 24th Street Project. Bids: p. Accept bid from Jim Burke Ford ($195,994.13)for one replacement sewer inspection truck for the Public Works Department, Streets Division. (Ward 2) q. Accept bid and approve contract with Hillcrest Sheet Metal, Inc. ($83,557), for HVAC replacement on building A at the corporation yard. Miscellaneous: r. Appropriate $7,500 contribution from San Joaquin Community Hospital made through the Bakersfield Foundation to the Recreation and Parks Department operating budget within the General Fund for the Movies in the Park series. s. Appropriate and transfer $15,000 Fire Trust- Hazmat Penalty Funds to the Certified Unified Program Agencies(CUPA) Fund operating budget for mandated online records entry into the CERS 2.0 system. 3 City Council Meeting of 03/21/2012 8. CONSENT CALENDAR continued (Ward 4) t. Grant of easement to P.G.& E. for electrical service at water well south of the Westside Parkway between Jewetta Avenue and Allen Road. (TRIP) (Ward 5) u. Grant of easement to P.G. & E. for electrical service at City Water Well No. 20 located at the southwest corner of White Lane and Buena Vista Road. Staff recommends adoption of Consent Calendar items 8.a. Through 8.u. 9. CONSENT CALENDAR PUBLIC HEARINGS 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 - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Gloria Williams v. City, KCSC Case No. S-1500-CV-273583-SPC RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. HEARINGS 13. REPORTS a. Expansion of the Recycling Program: 1. Resolution to expand the City's residential curbside and commercial recycling programs. 2. Amendment No. 1 to Agreement No. 06-300 with Kern Refuse Disposal Inc. for refuse collection services and extending the contract term from June 30, 2025 through June 30, 2032. 3. Amendment No. 1 to Agreement No. 05-232 with Kern Refuse Disposal Inc. for curbside bulky waste collection and extending the contract term from June 30, 2014 through June 30, 2032. 4. Amendment No. 1 to Agreement No. 01-184 with Metropolitan Recycling LLC, for a joint operation of the recycling facility and setting the contract term to June 30, 2032. 5. Amendment No. 2 to Agreement No. 99-329 with Metropolitan Recycling LLC, for lease of property within the Mt. Vernon Recycling Facility and extending the expiration date from December 1, 2019 through June 30, 2032. 6. Amendment No. 2 to Agreement No. 03-152 with Metropolitan Recycling LLC, for Curbside Recycling to terminate on June 30, 2012 rather than June 30, 2013 in order to implement the Universal Curbside Recycling program. The Budget and Finance Committee recommends adoption of Resolution and approval of Agreements. 4 City Council Meeting of 03/21/2012 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. SUCCESSOR AGENCY BUSINESS a. Presentation regarding the roles and responsibilities of the Successor Agencies to the Bakersfield Redevelopment Agency. Staff recommends no action required. b. Receive and file Successor Agency payments from February 24, 2012 to March 8, 2012 in the amount of $58,304.91. Staff recommends receive and file. 17. COUNCIL AND MAYOR STATEMENTS 18. ADJOURNMENT Respectfully submitted, qA....,,,,,,29,,,,;,6 Alan Tandy City Manager 3/15/12 1:30 am 5 City Council Meeting of 03/21/2012 AGENDA HIGHLIGHTS March 21, 2012 COUNCIL MEETING REGULAR MEETING -5:15 p.m. WORKSHOPS Staff will present an update of the City Council Goals, focusing on the Highlights and Accomplishments for 2011. This will be the first step of the process to review and update the Goals for 2012. CLOSED SESSION There will be a conference with Legal Counsel to discuss one matter pertaining to the initiation of litigation and one matter of potential litigation. REPORTS Item 13a. Expansion of the City Recycling Program,, A combination of favorable conditions has created the opportunity to expand the existing "blue cart" residential recycling program to all residents In the city. Currently, it is a voluntary program at a cost of $48 per year. Various operational savings, combined with the strong market for recyclables, has made it possible to offer universal recycling with no current increase in rates. We anticipate a very positive response to the new offering, as there has been strong community support for universal recycling. Any residents who do not wish to participate will not be required to (such as those who do not have adequate storage space for an extra cart.) Plans are to phase in the new service, starting in 2013. In anticipation, the contract refuse haulers have agreed to expand their existing recycling facility, which is located on City land. In order to finance the expansion, they have requested a 20 year term on the,lease and their related operating agreements. This Council action requests approval of the resolution to expand to universal recycling and approval of amendments to two agreements with Kern Refuse Disposal and amendments to three agreements with Metropolitan Recycling LLC for the term revisions, SUCCESSOR AGENCY BUSINESS At the request of the Council, there will be a presentation on the City Council's new responsibilities as the Successor Agency to the Redevelopment Agency, which was abolished by State action. Approved: Alan Tandy, City Manager / cc: Department Heads City Manager's Flle City Clerk's Flle News Media Flle 4 ADMINISTRATIVE REPORT :;cam , IFS MEETING DATE: March 21, 2012 AGENDA SECTION: Presentations ITEM: 4. TO: Honorable Mayor and City Council AP FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: March 6, 2012 CITY ATTORNEY � CITY MANAGER 4 SUBJECT: Presentation by Mayor Hall of a Proclamation to Judy Normoyle, declaring April "National Donate Life Month" in the City of Bakersfield. RECOMMENDATION: BACKGROUND: krt ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Presentations ITEM: y, b, TO: Honorable Mayor and City Council P ED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: March 6, 2012 CITY ATTORNEY p� CITY MANAGER /Cs5 SUBJECT: Presentation by Mayor Hall of a Proclamation to Kristie Achee, President of the local California Land Surveyors Association, declaring March 18-24 2012, National Surveyors' Week in Bakersfield. RECOMMENDATION: BACKGROUND: krt A. cli ADMINISTRATIVE REPORT AitrV 0 41Y 1L MEETING DATE: March 21, 2012 AGENDA SECTION: WORKSHOPS ITEM: In, 0. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: March 9, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: 2012 City Council Goals Update: 1. Report on Accomplishments of Goals for 2011 2. Update of Goals Document for 2012 RECOMMENDATION: Staff recommends Council review the attached Highlights and Accomplishments Report for the 2011 City Council Goals. In addition, a draft version of the Goals document with the inclusion of updates for 2012 is submitted for the Council's consideration and direction. BACKGROUND: To begin the annual process of updating the City Council Goals for 2012, the following documents are submitted for the Council's review: • The City Council Goals, including the Guiding Principles, as adopted by the City Council on May 18, 2011. • A report noting the accomplishments and progress made towards the goals that were adopted in 2011. This is a detailed report that was prepared with review and input from the Department Heads, who have contributed to the update. • A marked up version of the 2011 Goals Document, which includes preliminary updates to the major goals, subcategories, and the specific targeted actions to meet each goal. This document also includes input from the department heads and reflects the removal of items completed or no longer relevant, inclusion of new information where goals or targets have changed, and the addition of new goals, as appropriate. The background notations are in the shaded right margin. Staff will also provide a PowerPoint presentation, focusing on the significant items included in the Highlights and Accomplishments report for 2011. The City Council Goals provide policy guidance to staff for budgetary and program implementation. The updated information included with this Administrative Report is intended to provide the Council with the opportunity to review and propose additional modifications prior to final adoption of the Goals for 2012. Staff requests that all suggestions be submitted to the City Manager's Office at the Council's earliest convenience, so that final review and adoption can occur at the April 18, 2012 City Council meeting. rks March 15, 2012, 11:49AM P:\AdminReports&RelatedW dm-2012\Admin-CityCouncilGoalsUpdate-AccompsandUpdates-032112.doc s( ) ''' ..--,:;„,.„:;,,,,"0:: ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Appointments ITEM: 1, 0.. TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 1i if..1 AT DATE: March 12, 2012 CITY ATTORNEY pVC CITY MANAGER /W SUBJECT: Two appointments to the Historic Preservation Commission due to the expiration of terms of Patricia Lee Duffel and Susan B. Stussy, whose terms expire March 30, 2012. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two appointments to the Historic Preservation Commission due to the expiration of terms of Patricia Lee Duffel and Susan B. Stussy, whose terms expire March 30, 2012. The news release for this recruitment was posted February 3, 2012. Applications for appointment have been received from the following individuals: • Patricia Lee Duffel • Susan B. Stussy The Commission is composed of five members, Nominations to this Commission are made by the full Council. The Historic Preservation Commission Is an advisory body to the City Council. Members must be residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term. The Commission reviews applications for Cultural Resource designations and applications for Historic Districts, in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the City Council. The Commission presides and conducts public hearings on designation applications, and makes recommendations to the City Council. Meetings are held on the third Tuesday of each month at 4:00 p.m., as needed. RG:aI March 12, 2012 9:48 AM V:\Bds&Comm\HPC\2012\ADMIN Mar 2012.docx Illlllllll.lrrr,/i c I ADMINISTRATIVE REPORT 11,1,1,1 MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 8.a , TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD '' r''f DATE: March 8, 2012 CITY ATTORNEY � CITY MANAGER 4 SUBJECT: Approval of Minutes of the March 7, 2012 Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: rldw ,417-----,A. 1 ADMINISTRATIVE REPORT " I�pl�nu,. _ MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: $. b. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓. DATE: March 8, 2012 CITY ATTORNEY ik.... CITY MANAGER E SUBJECT: Receive and file department payments from February 24, 2012 to March 8, 2012 in the amount of $21,404,176.17, Self Insurance payments from February 24, 2012 to March 8, 2012 in the amount of $964,384.43, totaling $22,368,560.60 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: March 8,2012,3:21 PM S:\Kim G ADMIN\COUNCIL-ADMIN-AP-2012\ADMIN—AP 032112.doc IIII lll,r,'ir.iii ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 8.a TO: Honorable Mayor and City Council APPROVED FROM: City Attorney's Office DEPARTMENT HEAD Ve°' DATE: March 8, 2012 CITY ATTORNEY (4 L. CITY MANAGER /w SUBJECT: Adoption of Ordinance amending Section 10.36.030 of the Bakersfield Municipal Code relating to Bus Zones. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: At the February 1, 2012 City Council meeting, the Independent Living Center of Kern County requested that Bakersfield enact an ordinance that would prohibit parking in front of bus stops. The matter was referred to the Legislative and Litigation Committee which met on February 21, 2012. The Committee was informed that Bakersfield has an ordinance on the topic but that amending it would be appropriate. The only substantive change being proposed it to allow "Bus Zones" to be designated by a red curb or proper signage rather than both, as is the current requirement. First reading with the proposed amendments occurred on March 7, 2012. RI:Isc March 8,2012,9:19AM S:\COUNCIL\Admins\11-12 Admins\BusZone2012.2d.docx ` J. �1 ADMINISTRATIVE REPORT ' •,111111`````\ 1,1,1.1.1„ MEETING DATE: March 21, 2011 AGENDA SECTION: Consent Calendar ITEM:g ,d TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ve DATE: March 5, 2012 CITY ATTORNEY 1/4 CITY MANAGER ies SUBJECT: 1. Resolution of the City Council of the City of Bakersfield amending the local implementation procedures of the California Environmental Quality Act (CEQA). RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: State law requires that public agencies adopt objectives, criteria and procedures for the evaluation of projects and the preparation of environmental documents in compliance with the California Environmental Quality Act (CEQA). The City initially adopted local CEQA implementation Procedures on April 16, 1973 (Resolution 23-73) and subsequent amendments have occurred to reflect changes in state law and local procedures, with the recent update being in 1998 (Resolution 152-98). Staff is proposing amending our CEQA Implementation Procedures, specifically, updating Appendix A. A red-lined and a final version are attached for Council's review. Specifically, the amendment reflects the elimination of the Central District Development Agency which used to review, approve and certify environmental documents relating to redevelopment plans before the elimination of redevelopment agencies. In addition, the update will provide some flexibility In allowing other City Committees and Boards the opportunity to review environmental documents subject to the discretion of the Planning Director and City Attorney. VG:vi Si\COUNCIL\Admins\11-12 Admins\LocallmpAmedProc.CEQA.docx p nm�nA„u 44 \i �:hI�Ipun. ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: $,e, TO: Honorable Mayor and City Council A,PROVED F,^ FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD :+ DATE: March 2, 2012 CITY ATTORNEY `4 CITY MANAGER P SUBJECT: Sewer connection fee assessment (Wards 7): 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Celso C. Quinones and Jessica Condor, 1013 Panorama Lane, to pay sewer connection fee in installments through the Kern County Tax Collector. A notice of special assessment Ilen will be placed on the property: RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The owners of the property shown above desire to connect said property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee, the City has contracted with the property owner to apportion the connection fee over an eight (8) 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 fee in eight equal payments over the next eight years. da S:\PROJECTS\SewerConFee\Admin\1013 Panama Ln ADMIN.doc March 5,2012,4:27PM ``,,,,111 ,/'i ' '' ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: $ .c TO: Honorable Mayor and City Council APPROVED FROM: Scott Neal, SMG General Manager DEPARTMENT HEAD DATE: March 12, 2012 CITY ATTORNEY 14 CITY MANAGER N. SUBJECT: Agreement with San Joaquin Community Hospital to pay the City of Bakersfield $25,000.00 annually for a period of seven years for naming rights of the Ice Sports Center of Bakersfield RECOMMENDATION: Staff recommends approval of agreement with San Joaquin Community Hospital for naming rights of the Ice Sports Center of Bakersfield. BACKGROUND: The Ice Sports Center of Bakersfield was opened on December 12, 2003 at 1325 Q Street, adjacent to the McMurtrey Aquatics Center. Since then, SMG, the firm that manages the facility on behalf of the City, has actively been seeking a naming rights sponsorship and has approached numerous businesses over the years. In January 2012, SMG staff contacted San Joaquin Community Hospital with a proposal for a naming rights sponsorship, which they have accepted. Terms of the agreement include an annual payment to the City in the amount of $25,000, for a period of seven years, beginning in 2012 through 2018. The Ice Sports Center of Bakersfield will be renamed as the "San Joaquin Community Hospital Ice Center of Bakersfield". Pending City Council approval of the agreement, a media event will be scheduled for March 22, 2012 at 10:00 a.m. to formally announce the name change. In addition to the $25,000.00 naming rights fees, San Joaquin Community Hospital has also agreed to invest a significant amount in new signage for the facility. The new signage will include exterior backlit signage and interior signage. The proposed signage, along with the new logo for the facility is attached to the Naming Rights Agreement. SMG has pursued a naming rights sponsor since the Ice Sports Center opened in 2003. In facilities of comparable use, very few of them have obtained corporate naming rights sponsors. Staff recommends approval of the proposed naming rights agreement with San Joaquin Community Hospital. March 13,2012,9:21AM C:\Users\swilliam\AppData\LocaI\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7RSXIEOBWdmin-SJC Hospital-Ice Center Naming rights-031212-rev.docx 0 ADMINISTRATIVE REPORT flil , MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 8.9 TO: Honorable Mayor and City Council - • " , . ' FROM: Alan Tandy, City Manager DEPARTMENT HEAD `A DATE: January 24, 2012 CITY ATTORNEY CITY MANAGER WAIW // SUBJECT: Real Property Acquisition for future Hosking Road and State Route 99 Inter. ange. 1. Purchase Agreement with KB Partners LLC for property located at 2250 Hosking Road, in the amount of $2,575,000 for the Hosking Road Interchange Project (Ward 7) 2. Appropriate $500,000 in Traffic Impact Fees, $366,180 County Reimbursement for the 7m Standard Road Project, and $1,405,941 fund balance to the Public Works Department's Capital Improvement Budget for the Hosking Road Interchange Project within the Transportation Development Fund. 3. Transfer $527,879 of project savings from various Capital Improvement Projects to the Hosking Road Interchange Project within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of the agreement, appropriation and transfer. BACKGROUND: Since 2007, the City of Bakersfield has been acquiring property for an interchange at Hosking Road and State Route 99. The City has also paid for the design and environmental approvals for this project. The Planning Division completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. This parcel of land, which consists of 136,085 square feet, is the last substantive parcel to acquire In order to make the project "shovel ready." Staff believes that there are potential opportunities that, should they arise, would be pursued In 2012 through the California Transportation Commission (CTC)that would provide 100%of the construction funding. Such an effort requires that this parcel be in the City's possession as the others are. AT:al S:\Admin Rots\2012\HoskIng,99 parcel purchase 02.01.12.docx 3/9/2012 8:21 AM Page 1 11�III�II�I�I����r'iii,,,, ADMINISTRATIVE REPORT This project is badly needed to relieve congestion on the exit ramp at White Lane and Panama Lane, which back up into high-speed traffic that exists on a freeway. It is also the proposed future location of a major shopping center. The specific projects from which the $527,879 will be transferred are: $ 12,767 Hosking Road/South H Street Traffic Signal $ 51,162 White Lane/SR 99 Ramps -Street improvements $263,950 Rosedale Highway Street Widening $200,000 Allen Road Bridge Project Total $527,879 AT:al S:\Adman Rats\2012\Hosking,99 parcel purchase 02,01,12.docx 3/9/2012 8:21 AM Page 2 ,IIIIIIIIIIII�`l�! `1j1111 .�I 'i u�n,l. ADMINISTRATIVE REPORT i,,. 1101IPPt„`\\\ MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM:9,h. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 9, 2012 CITY ATTORNEY CITY MANAGER 45 SUBJECT: Amendment No. 1 to Agreement No 07-131 with John Giumarra, Jr. and Samsara Investment Corporation and Terra Group, Inc. to exchange properties relating to the Hosking Avenue/Highway 99 Interchange Project. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On April 25, 2007, the City and John Giumarra, Jr. and Terra Group, Inc. entered into Agreement No. 07-131. Subsequently, Samsara Investment Corporation acquired Terra Group's 50% interest in the land south of Hosking Avenue. In Agreement No. 07-131 Giumarra and Terra agreed to dedicate the land necessary for the interchange and the City agreed to expedite the design phase of the interchange. The final design of the interchange has resulted in minor changes to the original right of way lines. In Amendment No. 1 to Agreement No. 07-131 the parties are agreeing to exchange properties to be consistent with the right of way boundaries set forth in the final design of the interchange. DMA/s March 9,2012,8:15AM P:1 MyFiles1Admin ReportsHiosking Amendment 1 to 07-131.doc Illllll��ii vl ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 8. 1. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 8, 2012 CITY ATTORNEY 1I' CITY MANAGER L SUBJECT: State Route 99 at Hosking Avenue Interchange Project (PS&E). (TRIP) Ward 7 1 .) Approve Amendment No. 2 to Design Consultant Contract No. 07-132 with Parsons Transportation Group Inc. ($343,262.00; for a revised total contract amount of $3,294,477.76) for additional Environmental and Engineering Services for Project Approval and Environmental Documents (PA&ED), and Plans, Specifications and Estimate (PS&E). 2.) Appropriate $343,262.00 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. RECOMMENDATION: Staff recommends approval of Amendment and Appropriation. BACKGROUND: On April 25, 2007, the City entered into Agreement 07-132 with Parson Transportation Group (Parsons) for Environmental and Engineering Services on the State Route 99 at Hosking Avenue interchange project. On January 13, 2010, Amendment No. 1 to the Agreement was executed. This project will remove the existing two lane overcrossing and construct a new interchange with full access to and from State Route 99 at Hosking Avenue. In addition, this project will widen Hosking Avenue through the State's right-of-way to six lanes with traffic signals at both northbound and southbound off-ramps. The City has recently been working closely with the property owners in the area as well as with Parsons to complete the final design of the interchange. Because of some recent Caltrans comments received regarding the final construction plans as well as the need to accommodate some of the property uses immediately adjacent to the interchange, Parsons is required to provide some additional services not originally anticipated to complete the final design of the project. This project had originally been managed by the Engineering Division within the Public Works Department. However, with the familiarity and dealings that the TRIP Division maintains with Caltrans, it was thought that it would be more efficient for TRIP Division staff to take over the management of this project even though there are no federal TRIP earmark funds being used on the project. Staff recommends approval of the Amendment and Appropriation. Tdw:G:\GROUPDAT\ADMINRPT12012\03-21\Amend 2 Parson Hosking SR99 Admin.doc 11111111//�,// `,11,11111+ �� ADMINISTRATIVE REPORT y1 N`iP11v'1j111 MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: $j TO: Honorable Mayor and City Council PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 8, 2012 CITY ATTORNEY e* CITY MANAGER iW SUBJECT: Relocation of electric distribution facilities in conflict with City's Westside Parkway Phase 2 Project. (TRIP) Ward 5 1.) Approve Utility Agreement with Pacific Gas and Electric Company ($523,703.29) for the relocation of electrical distribution facilities. 2.) Appropriate $523,704 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. RECOMMENDATION: Staff recommends approval of Utility Agreement and Appropriation. BACKGROUND: Pacific Gas and Electric Company owns and maintains an existing electric distribution pole line located south of Brimhall Road and west of Coffee Road. This pole line is within the limits of the City's Westside Parkway Phase 2 Project and requires relocation to accommodate the City's project. These facilities are located in a private easement outside of the franchise area. Because of this prior easement, the project must pay for this relocation. The total cost to perform this work is estimated to be $523,703.29. March 9,2012,8:55AM tdw: C:\Users\tlovelessWppDatalLocaI\Microsoft\Windows\Temporary Internet Flles\Content.Outlook\1529Z5XL\PGE Utility Admin2.doc `y1,`Ntn 11C0'":%, •4 1. ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM:8, k, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD e-- - DATE: March 8, 2012 CITY ATTORNEY p CITY MANAGER /C SUBJECT: Westside Parkway Engineering Design Services (PS&E) (TRIP) (Wards 2, 4 and 5) 1 .) Approve Amendment No. 4 to Agreement 07-082 with AECOM USA, INC., for Engineering Design Services for the Westside Parkway Project ($416,889.00; for a revised total contract amount of$15,656,684.00). 2.) Appropriate $416,889.00 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. RECOMMENDATION: Staff recommends approval of Amendment and Appropriation. BACKGROUND: AECOM USA, INC (formerly DMJM Harris Inc.) is currently under contract to provide Engineering Design Services for the Westside Parkway Project. This design work has encompassed all the freeway mainline, interchanges, bridges, and utility work from Mohawk Street to the westerly project terminus at Heath Road/Stockdale Highway. Phase 6 of the Westside Parkway project originally included the Allen Road interchange and the freeway mainline from Allen Road west to Heath Road/Stockdale Highway. The construction plans were prepared based on this project phasing. However, the Allen Road interchange is now being constructed separately, and so the remaining Phase 6 plans need to be modified to reflect this change in construction phasing. The City anticipates that State funds will become available for this last roadway phase of the Westside Parkway later this summer, and so these Phase 6 plans need to be modified now so bidding can proceed when the funds become available. In addition, there were several minor design changes to the Phase 6 project that are needed and are generally improvements, but that were not part of the original scope of work. Finally, this amendment includes design support during construction for the Allen Road interchange which will be starting construction in the next few weeks. Design support during construction for the remaining Phase 6 work will be included in a future amendment once the construction funding becomes available. Due to the voluminous nature of the agreement exhibits, they are on file in the City Clerk's Office for review. March 9,2012,8:09AM Tdw G:\GROUPDAT\ADMINRPT\2012\03-21\AECOM Amendment 4 -AdminREV2.docx „ 1`if ADMINISTRATIVE REPORT ,1% d",10/10411 110 MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 9, , TO: Honorable Mayor and City Council 4AZTVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 9, 2012 CITY ATTORNEY p� CITY MANAGER /0-3 SUBJECT: Westside Parkway Phase 2 (TRIP) (Wards 2, 4 and 5) 1.) Contract Change Order Nos. 22, 29, 35, 40, and 41 to Agreement No. 09-076 with Security Paving Company, Inc. ($2,859,881.86 for a revised not to exceed amount of $87,240,538.32) for the Construction of the Westside Parkway Phase 2 Project. 2.) Appropriate $1,404,000.00 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of appropriation and contract change orders. BACKGROUND: Phase 2 of the Westside Parkway Project includes the construction of a 6-lane freeway from Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue (no interchange at this location). Change Order No. 22 provides for the deletion of work at the west end of the Phase 2 project at Allen Road. Originally, the Phase 2 project was planned to end at Allen Road with an at-grade signalized intersection, and much of this construction would have been "throw-away” when the Allen Road interchange was constructed in the future. But with the awarding of the Allen Road interchange project (Phase 6B) last November, this Phase 2 tie-in work is no longer needed and can be removed from the Phase 2 construction contract. This change order results in a net decrease of $2,034,876.65. Due to the voluminous nature of this change order exhibits, they are on file in the City Clerk's Office for review. Change Order No. 29 provides for modifications to the sewer pipeline system and pump station needed for the sewer to cross beneath the Westside Parkway near Jewetta Avenue. At the time of bidding this project, the pump station design was still undergoing final review. There were several material changes including such things as using steel casing beneath the freeway instead of reinforced concrete pipe (RCP), using RCP T-Lock pipe instead of PVC plastic pipe, and some increases in sizing and design of the sewer pump station structure. This change order results in a net increase of $977,862.70 Change Order No. 35 provides for modifications to storm drain systems 521, 531, and 534 located west of the Calloway Drive Bridge. At the time the City bid this project, Caltrans had not provided their final comments on the storm drain systems to the City designers. It was not until after starting construction that these comments were received. These modifications reflect Caltrans Tdw:G:\GROUPDAT ADMINRPT\2012\03-21 Admin Rpt CCO 22,35,40 WSP-2 final rev2.docx 1,\111111111.1�,i,� 11` 11' + '- . ADMINISTRATIVE REPORT Y1 ,,1111111100 methodology for calculating storm drainage systems which is more conservative than the City's standard methodology which was originally employed. This results in the sizing of some of the storm drainage systems being increased. This change order results in a net increase of $178,586.00 . Change Order No. 41 is also a product of the Caltrans storm drainage methodology described above. Change Order No. 41 provides for modifications to the storm drainage lift station located just west of the Calloway Drive Bridge. This lift station capacity and corresponding size has to be increased to accommodate the Caltrans methodology. This change order results in a net increase of$476,828.81 Change Order No. 40 provides for additional fill material to finish all the embankments for the project. Originally, when the project was bid with the five additive alternates, there were inaccuracies in how the various dirt quantities in the additive alternates should be accounted for. Based strictly on the quantities bid, the Phase 2 project including all of the additive alternates indicated in a surplus of.fill material of almost 500,000 cubic yards. However, after the designer, the construction manager, and the contractor reviewed the plans, specifications, and calculations, it was determined that the project instead of having a surplus actually needed additional fill material. All parties are now in agreement with the quantities determined. Most of the additional fill material will be brought from the State Farm Sports Village Complex. When Wastewater Plant No. 3 was expanded, this expansion project temporarily deposited many cubic yards of excess dirt onto the future development areas of the Sports Village with the understanding that this dirt would need to be removed when development took place. With the impending development this summer of the next phase of the Sports Village, the Wastewater fund is paying to dispose of a portion of this excess dirt by transporting it to the Westside Parkway. This change order results in a net increase of $3,261,481.00. Staff recommends approval of Contract Change Order Nos. 22, 29, 35, 40 and 41. Change orders to date, including this proposed change order, total $10,668,093.25. This is a 13.9% increase over the original contract amount as illustrated below: • Original Contract Amount = $ 76,572,445.07 • Previous Change Orders = $ 7,808,211.39 • Current Change Order Nos. 22, 29, 35, 40 and 41 = $ 2,859,881.86 • Amended Contract Agreement after Change Orders = $ 87,240,538.32 Net Increase to date = $ 10,668,093.25 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 project had bid, KCWA management requested that the City construct this box culvert as part of the freeway project instead of the KCWA. When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available State funding to build the project as any unused funds would have to be given back to the State. 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 Tdw:G:\GROUPDATWDMINRPT\2012\03-211Admin Rpt CCO 22,35,40 WSP-2 final rev2.docx („-'- 111 11111111111/!/!llJJr/-�i"''dim ADMINISTRATIVE REPORT 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. These series of actions have been in the best interest of completing this Project, which is a critical component of the TRIP program. Tdw:G:\GROUPDATWDMINRPT\2012\03-21 Wdmin Rpt CCO 22,35,40 WSP-2 final rev2.docx "`1pmnn.Aa7...,, A,„,10 •--o ; "'''"'11° ADMINISTRATIVE REPORT :,C , MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 8. M, • TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 7j/ DATE: March 9, 2012 CITY ATTORNEY ,e___ CITY MANAGER E SUBJECT: Westside Parkway Phase 4 (TRIP) Ward 2 1 .) Contract Change Order Nos. 4 and 9 to Agreement No. 10-168 with Security Paving Company, Inc. ($180,602.50; for a revised not to exceed amount of $22,407,683.95) for the Construction of the Westside Parkway Phase 4 Project. 2.) Appropriate $180,602.50 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. RECOMMENDATION: Staff recommends approval of Contract Change Orders and Appropriation. BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe Railroad undercrossing) and the Mohawk Street Interchange. The project includes the construction of two bridge structures over the Kern River and one bridge structure over Truxtun Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley Canal (CVC) which is owned and operated by the Kern County Water Agency (KCWA). The Westside Parkway will ultimately be an eight mile long, east-west freeway extending from Truxtun Avenue west to Stockdale Highway/Heath Road with interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road and bridge crossings at Jewetta Avenue and Renfro Road. Change Order No. 4 provides for modifications to the box culvert structure being constructed for the CVC. The Westside Parkway crosses over KCWA property that contains the CVC, and the City had to get permission from KCWA and pay for this box culvert in order for the Westside Parkway to cross over the CVC. This box culvert will allow CVC water to continue to be conveyed beneath the earth embankment and new freeway that will cross over the top of this box culvert. This box culvert structure was included in the original plan set when bid; however, KCWA required some design and material modifications to the box culvert after the project was bid. This change order results in a net increase of $252,207.28 Due to the voluminous nature of this change order exhibits, they are on file in the City Clerk's Office for review Tdw:G:\GROUPDATADMINRPT\2012\03-21\Admin Rpt CCO 4,9 WSP-4 final REV2.docx ADMINISTRATIVE REPORT j nl„0 y,4,!llOplll Change Order No. 9 provides for credit to the City for changes to some of the piles supporting the foundations for the bridges over the Kern River. Steel piles were originally specified and bid, but the contractor proposed replacing some of the steel piles with less expensive concrete piles. This change was reviewed by Caltrans and was approved by the bridge designer. The specifications state that any saving due to changes proposed by the contractor (and approved by the City) shall be split 50-50 between the contractor and the City. This change order results in a net contract decrease of$71,604.78 which represents the 50%savings portion due the City. Staff recommends approval of Contract Change Order Nos. 4 and 9. Change orders to date, including these proposed change orders, total $240,527.50. This is a 1.1% increase over the original contract amount as illustrated below: • Original Contract Amount = $ 22,167,156.45 • Previous Change Orders = $ 59,925.00 • Current Change Order Nos. 4 and 9 = $ 180,602.50 • Amended Contract Agreement after Change Order = $ 22,407,683.95 Net Increase to date = $ 240,527.50 Tdw:G:\GROUPDATWDMINRPT\2012\03-21 Wdmin Rpt CCO 4,9 WSP-4 final REV2.docx -a! mod: ADMINISTRATIVE REPORT ,,,//1111111111111 MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 6).A. TO: Honorable Mayor and City Council �A�PPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD M.-- DATE: March 7, 2012 CITY ATTORNEY "Pt CITY MANAGER (- SUBJECT: Contract Change Order Nos. 1 through 3 to Agreement No. 11-039 with Loop Electric Inc. ($40,719.46; revised not to exceed $235,725.56) for the project known as Install Traffic Monitoring Cameras- Part 2 (Wards 2 and 6). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project consists of installation of traffic cameras at various intersections and fiber optic cable in order to provide for enhanced traffic signal coordination and to expand the capabilities of the Traffic Operations Center. Contract Change Order No. 1 provides for the termination of the new fiber optic cable and installation of switching equipment in the Traffic Operations Center. Due to the incompatibility of new digital fiber optic technology with our existing analog setup, new equipment was installed and older equipment was updated as we continue to modernize our traffic signal synchronization system. This required additional, necessary equipment not in the original bid. The contractor has agreed to accept a lump sum of$28,440.23 for performing this work. Contract Change Order No. 2 provides for installation of an additional conduit connector from the power meter to the controller cabinet at the intersection of New Stine Road and Ming Avenue. This intersection has multiple traffic signal interconnect runs passing through it. This additional connector was necessary because the power connection was full and no new equipment could be added to the cabinet without a second connector. The contractor has agreed to accept a lump sum of$333.73 for this work. Contract Change Order No. 3 provides for installation of an ADA compliant access ramp at the northwest corner of Oak Street and 21st Street. Even though synchronization projects are typically underground, the surface street must be brought up to current ADA standards in order to comply with federal ADA regulations. Due to the existing configuration of the ground surface and utilities, a highly modified ramp was installed. Installation was not included on the original construction plans. The contractor has agreed to install this access ramp for the lump sum price of $11,945.50. RM(Construction) March 9,2012, 10:32AM G:\GROUPDAT\ADMINRPT\2012\03-21\CCOs 1-3 Traffic Monitoring Cameras Part 2_revised.doc ADMINISTRATIVE REPORT The net cost of Change Order Nos. 1 through 3 is $40,719.46 (which is 20.9% of the original contract amount) as illustrated below: • Original Contract Amount = $195,006.10 • Amended Contract Agreement after Change Orders = $235,725.56 Net Increase to date = $ 40,719.46 Sufficient funds are budgeted to cover the cost of these Contract Change Orders. RM(Construction) March 9,2012, 10:32AM G:\GROUPDATADMINRPT\2012\03-21\CCOs 1-3 Traffic Monitoring Cameras Part 2_revised.doc ''o, ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 8.0. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 7, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 5 to Agreement No. 11-068 with Kern Pacific Construction ($14,225.66; revised not to exceed $5,017,408.55) for the project known as Streetscape Improvements, Q Street, Truxtun Avenue to 24th Street (Ward 2): RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for the installation of landscaped medians, decorative sidewalks, and planters on Q Street from Truxtun Avenue to 24th Street. The project also includes installing new sewer and storm drain facilities, as well as complete street reconstruction. During construction, an unknown sewer line was discovered on Q Street between Truxtun Avenue and 17th Street. This sewer line serves the Best Western Hill House Hotel located on Truxtun Avenue. This existing sewer line must be abandoned and reconstructed in order to conform to the new sewer system being installed in Q Street as part of this project. The contractor has agreed to do this work for the lump sum of $14,225.66. The net cost of Change Order No. 5 is $14,225.66. The sum of all change orders to date on this project reflects a total cost increase of $83,648.10 (which is 1.7% of the original contract amount) as illustrated below: • Original Contract Amount = $4,933,760.45 • Amended Contract Agreement after Change Orders = $5,017,408.55 Net Increase to date = $ 83,648.10 There is no General Fund impact associated with this Change Order. RM(Construction) March 8,2012, 12:09PM G:\GROUPDATWDMINRPT\2012\03-21\CCO 5 Q Street Streetscape_revised.doc '. ' � ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: $, p. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /V341_ DATE: March 7, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $195,994.13 for one (1) replacement sewer inspection truck for the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers of equipment and trucks. Four (4) bids were received in response to solicitation. Funds are available in the Equipment Replacement Fund for the purchase of one (1) replacement sewer inspection truck, The unit to be replaced is 16 years old and has remained in service beyond the recommended replacement date. The replacement unit will be equipped with the current computer and video equipment needed to properly inspect and maintain the City's sewer system. The four (4) bids received are as follows. BIDDER AMOUNT Jim Burke Ford $195,994.13 Bakersfield, CA (City) ELXSI dba Cues $197,340.00 Orlando, FL Municipal Maintenance Equipment, Inc. $200,028.14 Sacramento, CA R. S.Technical Services, Inc. $217,181.25 Petaluma, CA Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHIADMINAdmin 11-121Sewer Inspection Truck,11-12-68,March 21,2012.docx March 7,2012 ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: $ TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /!/j DATE: March 7, 2012 CITY ATTORNEY CITY MANAGER ,es SUBJECT: Accept bid and approve contract to Hillcrest Sheet Metal, Incorporated in the amount of $83,557 for HVAC Replacement on Building A at the Corporation Yard. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to bid were sent to over one hundred (100) contractors for HVAC services. Five (5) bids were received in response to the solicitation. The HVAC system for the Solid Waste Division (Corporation Yard Building A) is over 30 years old and is unreliable and inefficient. This project will replace the HVAC system which will result in significant cost savings over time due to the high efficiency and reliability features of current models. Funds for this project are budgeted in the Refuse Collection Fund within the Capital Improvement Program. Five (5) bids were received as follows: BIDDER AMOUNT Hillcrest Sheet Metal, Inc. $83,557 Bakersfield, CA Strategic Mechanical, Inc. $91,000 Fresno, CA American Incorporated $102,700 Visalia, CA Kern Mechanical KMI $117,740 Bakersfield, CA Patton Air Conditioning $119,299 Fresno, CA • Staff finds the low bid submitted by Hillcrest Sheet Metal, Incorporated to be acceptable and recommends approval of the contract in the amount of $83,557. Purchasing Division/kb S:\PURCH\ADMIN\Admin 11-12\HVAC Replacement on Bldg.A, 11-12-66,March 21,2012.docx ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, r TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD pc-H DATE: March 6, 2012 CITY ATTORNEY L CITY MANAGER JW SUBJECT: Appropriate $7,500 contribution from the San Joaquin Community Hospital made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Movies in the Park series. (all wards) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: San Joaquin Community Hospital (SJCH) has announced their desire to once again sponsor this summer year's Movies in the Park series. The sponsorship of $7,500 will be made to the Bakersfield Foundation and will be appropriated to the City's Recreation and Parks Department's Operating Budget. Through a Title Sponsorship Agreement between the City and SJCH, the City will use the $7,500 to schedule eight (8) family movies, supply necessary equipment, publicize and secure the staff as needed. The movies will be shown June - August 2012 throughout all City Council wards in the City. Attachment: Title Sponsorship Agreement Movies in the Park flyer jln March 7,2012,8:18AM:jln S:WDMINISTRATION DIVISIONWdmin Rpts\2012 Admins\Movies in the Park-SJCH.doc '.. m ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: as. TO: Honorable Mayor and City Council APPROVED FROM: Douglas Greener, Fire Chief DEPARTMENT HEAD ■. DATE: March 5, 2012 CITY ATTORNEY JAC r CITY MANAGER SUBJECT: Appropriate and transfer $15,000 Fire Trust - Hazmat Penalty Funds to the Certified Unified Program Agencies (CUPA) Fund Operating Budget for mandated online records entry into the CERS 2.0 system. (All Wards) RECOMMENDATION: Staff recommends approval of appropriation and transfer. BACKGROUND: On October 19, 2011, the City Council approved the California Environmental Protection Agency Grant agreement and appropriation of $70,494 in California Environmental Reporting System (CERS) Grant funds to the Bakersfield Fire Department for the implementation of an internet-based system for the reporting of regulatory data which was previously reported on paper forms. State law (Assembly Bill 2286, effective January 1, 2009) requires that by January 1, 2013 regulated businesses use the online CERS 2.0 system to report their hazardous materials and hazardous waste inventories to the local CUPA. A State-wide upgrade to CERS 2.0 has inadvertently suspended over 1,000 City of Bakersfield hazardous materials records pending Fire Department review. Until Fire Prevention staff is able to review and update these records, businesses are unable to submit record updates into the CERS system. Staff recommends an appropriation of funds from the penalties paid to the City in accordance with the California Health & Safety Code section 25404.1.1 (1) and held in the Fire Trust Hazmat Penalty account, to pay for the additional administrative costs related to the updating of the hazardous material records. The Safety Code allows for the expenditure of penalty funds for the activities of the CUPA including enforcement purposes in the protection of health, safety and the environment. Staff requests the appropriation and transfer of $15,000 Fire Trust Hazmat Penalty funds to the CUPA fund operating budget to fund administrative costs related to the updating of the hazardous material records in the CERS 2.0 process. S:\Crosby\Admin.Reports\Haz mat Penalty Account appropriation 03 21 12.docx ,IIIIIIIIIIII�I »/m ADMINISTRATIVE REPORT '/' ,1/llllltl„ MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: g,+, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /1/S DATE: March 8, 2012 CITY ATTORNEY Alk CITY MANAGER SUBJECT: Grant of easement to P.G. & E for electrical service at water well south of the Westside Parkway between Jewetta Avenue and Allen Road. (Ward 4) (TRIP) RECOMMENDATION: Staff recommends approval of grant of easement. BACKGROUND: The City is currently constructing the Westside Parkway. As part of the construction it will be necessary to reroute electrical service to a water well. P.G.& E. has requested the City grant them an easement for the relocated electrical service. The Public Works Department has reviewed and recommends approval of their request. March 8,2012,4:03PM P:\MyFiles1Admin Reports\PGE©WSP water well.doc DMA/s Illlllllll/„ ' "g*, ADMINISTRATIVE REPORT ,,,lltl„JI rMEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: .t4. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 13, 2012 CITY ATTORNEY CITY MANAGER tiJ SUBJECT: Grant of easement to P.G. & E. for electrical service at City Water Well No. 20 located at the southwest corner of White Lane and Buena Vista Road. (Ward 5) RECOMMENDATION: Staff recommends approval of grant of easement. BACKGROUND: The City has a Capital Improvement Project to widen Buena Vista Road between Vista Ridge Drive and White Lane. As part of the road widening project it will be necessary for P.G.& E. to relocate their existing power lines that run along the west side of Buena Vista Road further west. The City owns a water well site south of White Lane and west of Buena Vista Road that will be impacted by the relocation. The City acquired this site in 1987 from Tenneco and the water well was constructed shortly thereafter. The water well was set back from Buena Vista Road to accommodate the ultimate road widening. However, the current plans provide for an additional turn lane that results in the power lines being moved further west than originally provided for. The relocated power lines will encroach approximately ten (10) feet over the water well site. P.G.& E. has requested the City grant them an easement for their relocated power lines. The Public Works Department has reviewed and recommends approval of their request. The road widening and turn pocket projects will eliminate the current access from Buena Vista Road to the water well site. A future access easement from the adjacent land owner will be required to maintain access to the well site. March 13,2012,9:16AM C:\Users\danderson\Documents\PGE©water well 20_Comments JLM.doc DMA/s i v ADMINISTRATIVE REPORT MEETING DATE March 21, 2012 AGENDA SECTION: Closed Session ITEM: IP. 4, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD I/g' DATE: March 7, 2012 CITY ATTORNEY 1/ 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:Isc S:\COUNCIL\CI Sess\Admins\1 I-12\3-21-121nitLit.docx 40,,,„„„,4„,„\ i v. 1„,, _i. lk ) ADMINISTRATIVE REPORT MEETING DATE March 21, 2012 AGENDA SECTION: Closed Session ITEM: X0.10 TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD //a DATE: March 7, 2012 CITY ATTORNEY 14 CITY MANAGER leS SUBJECT: Conference with Legal Counsel—Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Gloria Williams v. City of Bakersfield KCSC Case No. S-1500-CV-273583-SPC VG:Isc S:\COUNCIL\CI Sess\Admins\1 1-12\3-21-12ExistLit.docx ,, _A,,.,,,, "))/0,- ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Consent Calendar ITEM: 13.0. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD •131k DATE: March 6, 2012 CITY ATTORNEY i/4" CITY MANAGER /eS SUBJECT: Expansion of the City's Recycling Program (All Wards) 1 . Resolution to expand the City's residential curbside and commercial recycling programs; 2. Amendment No. 1 to Agreement No. 06-300 with Kern Refuse Disposal Inc. for refuse collection services and extending the contract term from June 30, 2025 through June 30, 2032; 3. Amendment No. 1 to Agreement No. 05-232 with Kern Refuse Disposal Inc. for curbside bulky waste collection and extending the contract term from June 30, 2014 through June 30, 2032; 4. Amendment No. 1 to Agreement No. 01-184 with Metropolitan Recycling LLC, for a joint operation of the recycling facility and setting the contract term to June 30, 2032; 5. Amendment No. 2 to Agreement No. 99-329 with Metropolitan Recycling LLC, for lease of property within the Mt. Vernon Recycling Facility and extending the expiration date from December 1, 2019 through June 30, 2032; 6. Amendment No. 2 to Agreement No. 03-152 with Metropolitan Recycling LLC, for Curbside Recycling to terminate on June 30, 2012 rather than June 30, 2013 in order to implement the Universal Curbside Recycling program. RECOMMENDATION: The Budget and Finance Committee recommends adoption of the Resolution and approval of these Agreements. BACKGROUND: California law requires cities to recycle at least 50% of their solid waste. Although the City's current recycling rate is 61%, further expansion of the City's recycling program is desirable for several reasons: • Voluntary curbside recycling participation has been increasing steadily for seven years. • Community drop off recycling centers are very heavily used on weekends. • Public opinion highly supports universal curbside recycling. KB G:\GROUPDAT\ADMINRPT\2012\03-21\Revised Admin-Recycling Program 2012(Friday 2 PM).doc ‘‘"S colvA0a4 ItN !lOn ADMINISTRATIVE REPORT , • A combination of favorable economic results within the Refuse Enterprise Fund have provided the opportunity to offer universal curbside recycling as part of the basic level of residential service, doing away with the voluntary subscription fee of$4 per month. • A new state mandate (Assembly Bill 341) requires mandatory commercial recycling beginning in July 2012 for certain businesses and apartment buildings. • Assembly Bill 341 also established a state policy goal of 75% recycling by the year 2020. Universal curbside recycling would increase the recycling rate to 65%. The percentage should increase beyond 65% as the business community and apartment owners comply with Assembly Bill 341. On January 30, 2012 the Budget and Finance Committee considered a staff report (attached) which described the ability of the Refuse Enterprise Fund to phase in universal curbside recycling over a three year period, in cooperation with the contract haulers. Staff has worked closely with the contract haulers toward this goal in addition to creating a program to fill the needs of the business community under AB 341. These future recycling activities, along with similar commercial recycling activities in the unincorporated county area, will produce significant volumes of recyclable materials. In anticipation of this, the contract haulers have planned to expand their existing recycling facility which is located on a City land lease. In order to finance the expansion, the contract haulers will need a 20 year term on the lease and the associated operating agreements. These agreements coordinate to provide the land lease, establish the recycling facility, and establish the recycling collection services. Following adoption of the resolution and contract amendments to expand the City's recycling program, a curbside implementation plan will be worked out with the contract haulers over the next several weeks. It will be necessary to avoid adding new participants to the existing voluntary program, in order to efficiently implement the universal program. The final implementation schedule will result in budget adjustments for both contract and municipal collection operations. Likewise, budget adjustments may result over time as the business community requests new services in response to the state's new commercial and apartment recycling mandate. Synopsis of Action Items: 1 . The resolution to expand the curbside and commercial recycling programs redefines the basic level of residential refuse service, making curbside blue recycling carts available to all single family through triplex dwelling units with no rate increase (current rates shown in Exhibit "A"). If approved, the program will be phased in over three years, beginning January 2013. Staff will coordinate an implementation plan with the contract haulers and report back to City Council. The current voluntary curbside recycling program will continue to serve existing customers, but without charging the usual $4 per month fee after July 1, 2012. As with the City's existing green waste recycling program, residents may decline to keep carts that they do not intend to use, or do not have space to keep. KB G:\GROUPDATIADMINRPT\2012\03-21\Revised Admin-Recycling Program 2012(Friday 2 PM).doc ADMINISTRATIVE REPORT c ♦ flllllll, The residential curbside recycling program will have approximately $5 million in capital costs spread over three years, funded from Refuse Enterprise reserves. Operating expenses of approximately $2.5 million per year will be funded from a current surplus in the Refuse Fund's operating budget. This program will be included in the existing residential refuse fee currently charged. The commercial recycling program expansion creates a new range of recycling and composting options for businesses. Existing commercial refuse rates will remain the same. New recycling services, which generally cost less than refuse service, will be available per the rate schedule in Exhibit "A". The resolution also provides commercial refuse and recycling customers to pay for bin rentals and service fees on one consolidated bill, rather than bills from separate entities. In many cases, businesses will have the opportunity to reduce their monthly refuse collection cost, depending on how much they recycle. Capital and operating expenses for the new program will be covered by new revenues for recycling services as they occur according to the needs of individual businesses over time. 2. Amendment No. 1 to Agreement No. 06-300 with Kern Refuse Disposal Inc. for providing certain commercial and residential refuse collection services. This amendment enables the hauling contractors to perform the new range of recycling services and bin rentals, improves the balance between commercial and residential refuse contract rates, and extends the expiration date from June 30, 2025 through June 30, 2032. 3. Amendment No. 1 to Agreement No. 05-232 with Kern Refuse Disposal Inc. for curbside bulky waste collection. This amendment will extend the expiration date from June 30, 2014 through June 30, 2032 to match the refuse hauling agreement. 4. Amendment No. 1 to Agreement No. 01-184 with Metropolitan Recycling LLC, for a joint operation of the recycling facility. This amendment makes minor adjustments to the City's support of the private recycling facility on leased City land. The original agreement had an automatic annual renewal without a set end date unless terminated by either party; now extend through June 30, 2032 to match the land lease and hauling contract. 5. Amendment No. 2 to Agreement No. 99-329 with Metropolitan Recycling LLC, for leasing property within the City's Mt. Vernon Recycling Facility. This amendment extends the expiration date from December 1, 2019 through June 30, 2032, in order to obtain favorable outside financing for facility improvements. 6. Amendment No. 2 to Agreement No. 03-152 with Metropolitan Recycling LLC, for Curbside Recycling. This amendment will cease Curbside Recycling as a voluntary program to allow establishment of a universal program. The amendment will terminate this agreement on June 30, 2012 rather than June 30, 2013 in order to implement the universal Curbside Recycling program under Agreement No. 06-300(1) on July 1, 2012. GKB :\GROUPDAT\ADMINRPT\2012\03-21\Revised Admin-Recycling Program 2012(Friday 2 PM).doc • CO •4 T ADMINISTRATIVE REPORT Capital and operating costs to implement universal curbside recycling are covered for at least two years from the Refuse Enterprise Fund Balance. New commercial and apartment recycling services will incur new expenses, which will be offset by new revenues according to the level of service selected by the business community and apartment owners. After the initial implementation, future refuse and recycling rates may be affected by participation levels and fluctuating material market prices. No long term contracts for material markets are recommended at this time due to uncertainty in pricing and availability of capacity. Costs for development of the recycling facility within the leased property will be the responsibility of the lessee, as a private venture not affecting the City's budget. KB G:\GROUPDAT\ADMINRPT\2012\03-21\Revised Admin-Recycling Program 2012(Friday 2 PM).doc ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Successor Agency Business ITEM: 1Ic .0.. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD .1)L1 DATE: March 15, 2012 CITY ATTORNEY X- CITY MANAGER 4. SUBJECT: Presentation regarding the roles and responsibilities of the Successor Agencies to the Bakersfield Redevelopment Agency. RECOMMENDATION: No action required. BACKGROUND: Staff will provide an overview of the roles and responsibilities of the Successor Agencies to the Bakersfield Redevelopment Agency. S:Admins\City Council\City Council Admins 2012\Presentation On Successor Agencies Roles And Responsibilities 32112.Doc March 15,2012 10:24 AM dk ADMINISTRATIVE REPORT MEETING DATE: March 21, 2012 AGENDA SECTION: Successor Agency ITEM: 16.1,, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓J� DATE: March 8, 2012 CITY ATTORNEY 3E! CITY MANAGER /w SUBJECT: Receive and file successor agency payments from February 24, 2012 to March 8, 2012 in the amount of$58,304.91. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: S:\Kim G\ADMIN-SA\COUNCIL-ADMIN-SA-2012\ADMIN-SA 03-21-12.doc 1 10�y1C0&PORAf�es� BAKERSFIELD CITY COUNCIL 19)Io MINUTES . MEETING OF MARCH 7, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING-5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None City Clerk Gafford announced that, at the request of staff, Consent Calendar Item 8.k. has been pulled from the Agenda this evening. 2. INVOCATION by Pastor James Lair, Bakersfield First Assembly Church. 3. PLEDGE OF ALLEGIANCE by Zachary Meier, 2nd grade student at Old River Elementary School Mayor Hall acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Dawn Baumgarten, declaring March 7, 2012 Log Cabin Day. Dawn and Steve Baumgarten accepted the Proclamation, made comments and provided flowers to the Mayor and City Council. b. Presentation by Mayor Hall of a Proclamation to Mark Wyatt, Principal of Bakersfield Adult School, declaring March 12- March 16, 2012 Adult Education Week. Mr. Wyatt accepted the Proclamation and made comments. Bakersfield, California, March 7, 2012- Page 2 5. PUBLIC STATEMENTS ACTION TAKEN a. Zachary Griffin and Jason Cater, with Bike Bakersfield, spoke in support of the Bicycle Transportation Master Plan. 6. WORKSHOPS None. 7. APPOINTMENTS a. One appointment to the Planning Commission due to the expiration of term of David Strong, whose term expired April 30, 2011. City Clerk Gafford announced applications were received from David Strong, Marvin Dean, Elva Martinez, Bryan Lee Mathews, Jason Boone Mathews, and Coby Vance. Motion by Councilmember Salas to reappoint APPROVED David Strong to a 4-year term on the Planning Commission, whose term expires on April 30, 2015. b. One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of Elizabeth Rodacker (alternate), whose term was to expire November, 2012. City Clerk Gafford announced one application was received from Amber Beeson. Motion by Councilmember Benham to appoint APPROVED Amber Beeson as an alternate, to fill the unexpired term of Elizabeth Rodacker, whose term expires November, 2012, on the Keep Bakersfield Beautiful Committee. c. Confirmation of Mayor's appointment of members to the Oversight Board. Mayor Hall nominated City Manager Alan Tandy and Assistant to the City Manager Steven Teglia. Motion by Vice-Mayor Couch to confirm Mayor APPROVED Hall's nominations of City Manager Tandy and Assistant to the City Manager Teglia to the Oversight Board. Bakersfield, California, March 7, 2012 - Page 3 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the February 15, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from February 3, 2012 to February 23, 2012 in the amount of$14,213,797.77, and self-insurance payments from February 3, 2012 to February 23, 2012 in the amount of $1,291,536.65, totaling $15,505,334.42. Ordinances: c. First Reading of Ordinance amending REMOVED FOR Section 10.36.030 of the Municipal Code SEPARATE relating to the Bus Zones. CONSIDERATION d. First Reading of Ordinance amending Municipal FR Code §1.12.040 and §1.12.060 by adding Annexation No. 620 consisting of 50.29 acres located along the north side of Rosedale Highway, between Calloway Drive and Verdugo Lane to Ward 4, and Annexation No. 622 consisting of 0.18 acres located at 4724 Frazier Avenue to Ward 6. e. Adoption of Ordinance approving a Negative ORD 4661 Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R-1 (One Family Dwelling, 6,000 square foot minimum lot size) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20.47 acres, located at the northeast corner of Panama Lane and Old River Road. (ZC #11- 0383, Mary Beatie/TPG Consulting, representing Daryl C. Nicholson and Victoria M. Nicholson Trust) (FR 02/15/12) Bakersfield, California, March 7, 2012- Page 4 8. CONSENT CALENDAR continued ACTION TAKEN f. Adoption of Ordinance approving a Negative ORD 4662 Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from County A (Exclusive Agriculture) to City A (Agriculture) and E (Estate) on approximately 140.57 acres located south of Reina Road, between Santa Fe Way and Renfro Road. (ZC# 11-0395- Bryan Batey, representing Batey Family Trust & James Bryan Batey) (FR 02/15/12) Resolutions: g. Resolution confirming approval by the City RES 021-12 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. h. Resolutions approving application proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 572 consisting of 98.34 RES 022-12 acres, located along the east side of Cottonwood Road, south of the Arvin- Edison canal. 2. Annexation No. 628 consisting of 4.36 RES 023-12 acres, located at the southeast corner of Washington Street and Virginia Avenue. 3. Annexation No. 632 consisting of 167.95 RES 024-12 acres, located along the south side of Seventh Standard Road, between the Calloway Canal and Allen Road. i. Resolution of Intention No. 1707 to order the REMOVED AND vacation of Eye Street between 8th and 9th REFERRED TO STAFF streets and attached alleys. Bakersfield, California, March 7, 2012 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN j. Resolution of Intention No. 1708 to order the ROI 1708 vacation of a portion of street right-of-way on Valley Falls Lane, and easements for landscape, wall and utility areas on Berkshire Road, in Tract 6359-2. Agreements: k. Agreement with William Avery & Associates, Inc. REMOVED BY STAFF (not to exceed $99,600, including expenses) for labor negotiation and consulting services, for two years. I. Agreement with Golden Empire Football (Five AGR 12-040 Year term) for maintenance of football facilities located at State Farm Sports Village Complex on the north side of Taft Highway, between Ashe Road & Gosford Road. m. Amendment No. 1 to Agreement No. 11-032 with San Joaquin Fence & Supply ($200,000; AGR 11-032(1) revised not to exceed $524,002, and extends term 1 year) to continue the supply of installed fencing. n. Amendment No. 3 to Agreement No. 10-063 with Pavement Recycling Systems, Inc. AGR 10-063(3) ($225,000; revised not to exceed $717,000, and extends term 1 year), to the annual contract for Cold Planing. o. Contract Change Order No. 7 to Agreement No. 10-153 with Griffith Company ($12,090.22; AGR 10-153 revised not to exceed $2,924,861.23) for the CC07 street improvements on Gosford Road from Taft Highway to McCutchen Road Project. Bids: p. Reject bids for police special motorcycles for the Police Department. q. Accept bid and approve contract with Bradley AGR 12-041 & Sons, Inc. ($97,515), for construction of the Wastewater Treatment Plant No. 2 Monitor Wells Installation Phase 2 Project. Bakersfield, California, March 7, 2012- Page 6 8. CONSENT CALENDAR continued ACTION TAKEN r. Accept bid and approve contract with Stinson Stationers, Inc. (not to exceed $260,000), for the AGR 12-042 annual contract for office supplies. s. Purchase of LNG refuse roll-off trucks for the Solid Waste Division: 1. Accept bid from Golden State Peterbilt ($790,563.69) for four replacement LNG refuse roll off trucks. 2. Reject bids for replacement of four diesel refuse roll off trucks. 3. Appropriate $150,000 Rose Foundation Grant to the Public Works Department's Operating Budget within the Equipment Management Fund to partially offset the purchase cost of four replacement LNG powered refuse roll off trucks. Miscellaneous: t. Appropriate $10,000 State Grant Revenues (FY2011-12 Minor Decoy and Shoulder Tap- Mini Grant Program from the State Office of Alcoholic Beverage Control) to the General Fund Police Operating Budget, to fund overtime for the BPD vice division to conduct minor decoy and shoulder tap operations. u. Appropriate and transfer$55,000 Facility Reserve Fund Balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. v. Bicycle Transportation Plan: 1. Appropriate $120,000 Rose Foundation Grant to the Development Services Operating Budget in the Capital Outlay Fund. w. Reclassification of Deputy City Clerk to Administrative Assistant I. City Clerk Gafford announced that staff has submitted a memorandum regarding item 8.w., and correspondence has been received requesting item 8.i. be removed from the Agenda for additional study. Bakersfield, California, March 7, 2012- Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Councilmember Benham asked that item 8.c. be removed for separate consideration. Motion by Vice-Mayor Couch to adopt Consent Calendar items 8.a. through 8.w., with the removal for APPROVED separate consideration of item 8.c., the deletion of item 8.k., and the removal and referral to staff of item 8.i. c. First Reading of Ordinance amending FR Section 10.36.030 of the Municipal Code relating to the Bus Zones. Councilmember Benham thanked the representatives of the Independent Living Center of Kern County who brought this matter to the City's attention, and indicated that when they made their presentation to the Legislative and Litigation Committee it was made clear to Public Works staff of the need to continue to work with their representatives to identify the bus stops that are the highest priority for their constituents to receive the help that is anticipated by this change in the ordinance. Motion by Councilmember Benham to give First APPROVED Reading to the Ordinance. 9. CONSENT CALENDAR PUBLIC HEARINGS None. At the request of Councilmember Hanson, Hearings Item 12.a. was moved forward on the Agenda. Vice-Mayor Couch announced he would abstain, due to conflict of interest, potential source of income to himself and his employer, on Hearings Item 12.a.; and he left the meeting. Councilmember Johnson announced he would abstain, due to conflict of interest, potential source of income to himself, on Hearings Item 12.a.; and he left the meeting. Bakersfield, California, March 7, 2012- Page 8 12. HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution denying the appeal by JH Hansen Engineering representing John Powell, Jr., of the Board of Zoning Adjustment's denial of a zoning modification (File No. 11-0436) to permit two buildings totaling approximately 392 square feet within the required front yard area in an R- 1 8.5k zone district (One Family Dwelling -8,500 square foot lot minimum) located at 309 Sonoma Vine Court. (Hearing continued from meeting 2/15/12) 1. Resolution denying the appeal RES 025-12 upholding the Board of Zoning Adjustment's denial of the zoning modification. Planning Director Eggert made staff comments, provided a PowerPoint presentation, and recommended adoption of the Resolution. Hearing opened at 5:43 p.m. John Powell, homeowner, and John Hansen, project engineer, spoke in opposition to the staff recommendation and submitted conditions of approval numbered 1 through 6. Stacey Nichols, neighbor, spoke in support of the staff recommendation. John Powell and John Hansen spoke in opposition rebuttal to the staff recommendation. Hearing closed at 6:09 p.m. In response to a question by Councilmember Hanson, Planning Director Eggert recommended that condition #7 be added to the conditions of approval if the modification is approved. MOTION FAILED Motion by Councilmember Hanson that the appeal be NOES SALAS, granted and a zoning modification be allowed with BENHAM, WEIR the conditions of approval as indicated. ABS COUCH, JOHNSON Motion by Councilmember Benham to adopt the APPROVED ABS COUCH, Resolution. JOHNSON Bakersfield, California, March 7, 2012- Page 9 Vice-Mayor Couch and Councilmember Johnson returned to ACTION TAKEN the meeting. 10. CLOSED SESSION a. Public Employee Performance Evaluation -City Manager; Closed Session pursuant to Government Code Section 54957(b)(1 )/54957.6. Mayor Hall adjourned to Closed Session at 6:30 p.m. Motion by Councilmember Weir to adjourn from Closed APPROVED Session at 7:57 p.m. RECONVENED MEETING AT 8:00 p.m. 11. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing FAVORABLE REVIEW Litigation; Closed Session pursuant to WITH NO INCREASE subdivision (a) of Government Code IN BENEFITS Section 54956.9 regarding Darren Hailey v. City, KCSC Case No. S-1500-CV-264464 DRL 13. SUCCESSOR AGENCY BUSINESS a. Receive and file Successor Agency payments from February 1, 2012 to February 23, 2012 in the amount of $450,283.44. Motion by Vice-Mayor Couch to receive and file. APPROVED b. Resolution determining that the City as the RES SA001-12 Successor Agency to the dissolved Bakersfield Redevelopment Agency shall take full responsibility and control of the Millcreek Qualified Infill Area Grant with the State of California's Housing and Community Development Department. Economic Development Director Kunz made staff comments and recommended adoption of the Resolution. Mayor Hall requested staff provide a memo with a complete update of the International Walk for Mill Creek for the Sister City Project, including associated timelines for anticipated completion. Motion by Vice-Mayor Couch to adopt the Resolution. APPROVED Bakersfield, California, March 7, 2012 - Page 10 13. SUCCESSOR AGENCY BUSINESS continued ACTION TAKEN c. Resolution determining that the City as the SHA001-12 Successor Housing Agency to the dissolved Bakersfield Redevelopment Agency shall take full responsibility and control of the Creekview Villas Down Payment Program. Economic Development Director Kunz made staff comments and recommended adoption of the Resolution. Motion by Vice-Mayor Couch to adopt the Resolution. APPROVED 14. REPORTS None. 15. DEFERRED BUSINESS None. 16. NEW BUSINESS a. Resolution granting a three percent (3%) bid RES 026-12 preference to local vendors within the City limits. City Clerk Gafford announced that correspondence was received from Kern Minority Contractors Association and Haddad Dodge in support of the Resolution. Finance Director Smith made staff comments and recommended adoption of the Resolution. Councilmember Hanson asked that staff return in a year with a report on the impact of the new vendor preference Resolution, which would include the difference between the I% and 3%preference and the cost to the taxpayers. Councilmember Salas asked that staff include in its report the local direct and indirect impacts to the City finances. Motion by Councilmember Johnson to adopt the APPROVED Resolution. Bakersfield, California, March 7, 2012- Page 11 17. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Salas asked staff to check on a light at Monitor and Berkshire. Councilmember Salas thanked Fire Chief Greener for looking into the fire booth for a nonprofit that is trying to get some funds. Councilmember Salas asked staff to respond to graffiti issues at the following locations: St. John's Church: walls on Panama Lane between Betty and Union Avenue: and walls on the north and west side across from Golden Valley High School. Councilmember Salas asked that trees be trimmed, possibly as part of the Great American Cleanup event, along the east corner of Union Avenue,just north of Panama Lane. Councilmember Sullivan expressed her concern about the overpopulation of unwanted and stray pets, and asked staff to check into partnering with the County to offer reduced fees for spaying and neutering services more often. 18. ADJOURNMENT Mayor Hall adjourned the meeting at 8:13 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield