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HomeMy WebLinkAbout05/09/12_CC_AGENDA_PACKETP ` BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 9, 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 Senior Pastor Kent Peterson, Olive Knolls Church, 3. PLEDGE OF ALLEGIANCE by Cullen Loyd, 4t" grade student at Standard Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Chuck Waide, declaring May 6 -12, 2012, Public Service Recognition Week. b. Presentation by Mayor Hall of a Proclamation to Omar Macias, declaring May, 2012, Motorcycle Awareness Month. C. Presentation by Mayor Hall of a Proclamation to Zachary Griffin, declaring May, 2012, Bike Month and May 18, 2012 as Bike to Work Day. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Presentation of the Proposed FY 2012 -13 Budget. (Alan Tandy, city Manager) 7. APPOINTMENTS a. One appointment of an Alternate Member to the Keep Bakersfield Beautiful Committee, due to the resignation of Christopher Clark (Mayoral appointment) whose term was to expire January, 2013. Staff recommends Council determinatlon. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 18, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from April 6, 2012 to April 26, 2012 in the amount of $23,059,542.07 and self- insurance payments from April 6, 2012 to April 26, 2012 in the amount of $365,962.77, totaling $23,425,504.84. 8. CONSENT CALENDAR continued Ordinances: C. Adoption of the following Ordinances (FR 04118112): 1. Ordinance Amending Section 1.01.010 relating to change in Bakersfield Municipal Code publisher. 2. Ordinance Amending Section 2.28.040 relating to elimination of mandatory Planning Commission Meetings. 3. Ordinance Amending Section 2,28.090 relating to Board Appointments to Board of Zoning Adjustment. 4. Ordinance Amending Section 2.72.250, Subsection F, relating to mandatory retirement ages. 5. Ordinance Amending Section 2.84.050 relating to elimination of outdated incentive credit for solid waste employees. 6. Ordinance Amending Section 2.88,020, Subsection A, relating to salaries while absent due to injury related to employee's course of duties. 7. Ordinance Amending Section 8,32.020 relating to refuse /solid waste /recycling definitions. 8. Ordinance Amending Section 8.32.060, Subsection B, relating to refuse /solid waste /recycling collection of charges. 9. Ordinance Amending Section 8.44.070 relating to penalties for fireworks violations. 10. Ordinance Amending Section 15.66.030, Subsection C, relating to conditional use permits for oil wells. 11. Ordinance Amending Section 15.84.055 relating to reduction or waiver for Low - Income Housing Projects, 12. Ordinance Deleting Section 16.16.110 relating to approval of development entitlement, adding Section 16.12.075 relating to approval of maps, and adding Section 17.08.210 relating to approval of development entitlement. 13. Ordinance Amending Section 16.32.020 relating to security for improvement agreements, 14. Ordinance Amending Section 16.32.040 relating to amount of security for improvement agreements. 15. Ordinance Amending Section 17.04.545 relating to setbacks. 16, Ordinance Amending Section 17.08.130 relating to accessory buildings and structures. 17, Ordinance Amending Section 17.64.060, Subsection F, relating to conditional use permits - termination of rights. 2 City Council Meeting of 05/09/2012 8. CONSENT CALENDAR continued Resolutions: d. 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 3,4) e. Resolution approving an application to the Kern County Local Agency Formation Commission to annex to and detach from the City's various segments of the right -of- way of 7th Standard Road between State Route 99 and Santa Fe Way (Annexation No. 633). f. Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($160,568) from the U.S. Department of Justice to establish a Citizen Volunteer Unit within the BPD. (Ward 4) g. Amendment Nol , to Resolution No. 069 -11, adopting for the Hooper Avenue and Kimberly Avenue Planned Sewer Area and making findings relative thereto. (Ward 2) h. Resolution of Intention No. 1710 to add territory, Area 1 -90 (4850 Commerce Drive) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: I. Agreement with Brown Armstrong Accountancy Corporation ($56,000) for a full scope annual audit of the 2011 -12 fiscal year, (Budget & Finance Committee recommends approval of agreement.) j. Agreement with the Kern County Superintendent of Schools (KCSOS) ($87,848) to expand the Safe Community Partnership Strategy, consistent with the requirements set forth by CalEMA for the 2009 & 2011 Project Safe Neighborhoods grant. k. Agreement with The Segal Company (not to exceed $92,000 in 2012 -13, $93,500 in 2013 -14, $95,000 in 2014 -15 and $96,500 in 2015 -16) for Health Care Consulting. (Personnel Committee recommends approval of agreement.) (Wardl,6) I. Agreement with Geocon Consultant Inc. (not to exceed $84,750), for groundwater sampling and reporting to comply with discharge permits issued by the California State Water Resources Control Board for Wastewater Treatment Plants No. 2 and 3. (Ward 5) M. Agreement with Bolthouse Properties, LLC ($83,000), to purchase real property located east of Allen Road and south of Ming Avenue for a domestic water well site. n. Amendment No. 1 to Agreement No. WRl 1 -008 with Quad Knopf, Inc. ($35,000; revised not to exceed $95,000), to provide environmental, biological and planning services. 3 City Council Meeting of 05/09/2012 8. (Ward 4) (Ward 2,4,5) CONSENT CALENDAR continued o. Amendments for additional On -Call Civil Engineering Services: 1. Amendment No. 1 to Agreement No. 10 -086 with AECOM Technical Services, Inc. ($100,000; revised not to exceed $400,000). 2. Amendment No. 1 to Agreement No, 10 -087 with Meyers Civil Engineering, Inc. ($100,000; revised not to exceed $400,000). 3. Amendment No. 1 to Agreement No. 10 -088 with Ruettgers & Schuler Civil Engineers ($100,000; revised not to exceed $400,000), P. Amendment No. 2 to Agreement 07 -222 with HNTB Corporation ($113,991; revised not to exceed $4,459,548) for engineering design services for the Rosedale Highway Widening Project. (TRIP) q. Contract Change Order Nos. 24 and 32 to Agreement No. 09 -076 with Security Paving Company, Inc. ($125,494.13: revised not to exceed $87,366,127.07), for the construction of the Westside Parkway Phase 2 Project. (TRIP) Bids: r. (Ward 2,3,5,6) S. (Ward 2) U. (Ward 4) V. (Ward 3) w Accept bid from Lehr Auto Electric ($186,646.88) for fifty Panasonic Toughbook laptops for various City departments, Accept bid and approve contract with Courts and Greens ($78,151) for the Tennis Courts Resurfacing Project -2012, Accept bid and approve contract with Bowman Asphalt, Inc. (not to exceed $1,000,000), for the annual contract to provide and apply asphalt rejuvenator and sealant. Masonry Block Wall Project at Fire Station No, 1: 1. Accept bid and approve contract with On Grade Contracting, Inc, ($69,400), for the project, 2, Transfer $51,400 savings from various Fire Department Capital Improvement Projects within the Capital Outlay Fund for the project. Accept bid and approve contract with Elite Painting & Wallcovering, Inc. ($44,950), for repainting the Bright House Networks Amphitheatre. Construction on State Route 184 at Bedford Green Drive: Accept bid and approve contract with Granite Construction Company ($785,570) for the project. 2. Appropriate $943,000 Caltrans share of project to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. 4 City Council Meeting of 05/09/2012 8. CONSENT CALENDAR continued (Ward 6) X. State Farm Sports Village - Phase 2 Project: Accept bid and approve contract with S.C. Anderson, Inc. ($3,603,000), for base bid and additive alternate No. 1 - construct McKee Road of the Project. 2. Appropriate $430,000 Park Improvement Fund balance within the Park Improvement Fund to the Public Works Department Capital Improvement Budget. 3. Appropriate $350,000 Wastewater Enterprise Fund balance to the Public Works Capital Improvement budget within the Wastewater Enterprise Fund. Miscellaneous: Y. Appropriate $132,548 State Grant Revenues (Project Safe Neighborhoods Grant from the Office of Emergency Services) to the General Fund Police Operating Budget, for the expansion of the Safe Community Partnership Strategy to reduce gang violence. Z. Department of Housing & Urban Development (HUD) FY 11 -12 Action Plan Amendment No. 1 for the second allocation of Emergency Solutions Grant (HESG) funding. Successor Agency Business: aa. Receive and file Successor Agency payments from April 6, 2012 to April 26, 2012 in the amount of $441,745.64. (Ward 2) bb. Amendment No. 2 to Agreement No. 08 -044 with Meyer Civil Engineering, Inc. ($44,000; revised not to exceed $672,330), to provide additional design consultant services for the Mill Creek Linear Park Project. Staff recommends adoption of Consent Calendar items 8.a. through 8. bb. 9. CONSENT CALENDAR PUBLIC HEARINGS (Ward 2) a. Public Hearing to consider Resolution ordering the vacation of Eye Street between 81h & 9th streets and attached alleys. (Staff recommends adoption of resolution.) (Ward 5) b. Public Hearing to consider Resolution ordering the 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. (Staff recommends adoption of resolution.) 10. HEARINGS 11. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (four matters). 12. CLOSED SESSION ACTION 5 City Council Meeting of 05/09/2012 13. REPORTS a. Department Budget Presentations: 1. General Government 2. Financial Services 14. DEFERRED BUSINESS 15. NEW BUSINESS a. Budget and Finance Committee Report regarding FY 12/13 Community Development Block Grant (CDBG - $3,014,770), HOME Investment Partnership (HOME - $1,056,992), and Emergency Shelter Grant (ESG - $262,778) Annual Action Plan submittal (Total - $4,334,540). Budget & Finance Committee recommends acceptance of the report and authorize the City Manager to execute the necessary HUD documents required to submit the Annual Action Plan. (ward 2) b. Accept bid and approve contract with DOD Construction ($339,809.02) for sidewalks, curb and gutters on the block from H to G streets and 18th and 19th streets, alley resurfacing and for lighting and surface improvements at 19th and H streets staging area. Staff recommends acceptance of the bid and approval of agreement. 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT 5/3/12 2:15 pm Respectfully submitted, q�,� e->� Alan Tandy City Manager 6 City Council Meeting of 05/09/2012 AGENDA HIGHLIGHTS May 9, 2012 COUNCIL MEETING The City Manager's Office will present a detailed overview of the FY 2012 -13 Proposed Budget, including the Operating and Capital Improvements budgets. In addition, the department budget presentations begin at the May 9, 2012 Council meeting, with General Government and Financial Services following later on this agenda under Reports. Item 8k. Agreement with Segal Company for Health Care Consulting Segal has been under contract with the City since June 2008 for provision of a broad range of health benefits consulting work and has performed very effectively during that time. Their ability to negotiate favorable renewal rates has allowed the City to develop benefit packages with high coverage options and to reduce current and future costs. In addition, they have established a good relationship with the Insurance Committee, Personnel Committee and staff. The proposed contract is a four year term, with annual compensation as follows: FY 2012 -13 - $92,000.00; 2013 -14 - $93,500.00, 2014 -15, $95,000; and 2015 -16 - $96,500.00. The Personnel Committee reviewed this proposal on May 1, 2012 and recommended that it be forwarded to the City Council for consideration and approval. Item 8x. Construction of Sports Village - Phase 2 Phase 1 of the Sports Village complex consists of eight (8) soccer fields, a concession /maintenance building and restrooms. Phase 2 will add four (4) additional soccer fields, four (4) youth football fields, the extension of McKee Road, and another parking lot and restroom facility. The City Council previously approved agreements with The American Youth Soccer Organization and the Golden Empire Football Association for use of the new facilities, which also require them to provide maintenance. This item proposes approval of the construction agreement for Phase 2, and the additional appropriation of funding. Five bids were received, of which three were acceptable. Staff recommends award to the low bidder, S.C. Anderson, in the amount of $3,603,000.00, and the appropriation of $430,000.00 Park Improvement Fund balance and $350,000.00 Wastewater Enterprise Fund balance to the Public Works Capital Improvement Budget to fully fund the Phase 2 project. ($3,110,000.00 was previously appropriated for this project.) There will be a conference with Legal Counsel regarding four matters of potential litigation. Item 15b. Construction Aareement for Downtown Improvements for the 19th and H Streets Arts Staging Area. As part of the FY 2010 -11 Action Plan, the Council designated CDBG funds to extend the Bakersfield Downtown Arts District infrastructure improvements, including the alley behind the Downtown Post Office and sidewalks east and south of the Padre Hotel. An additional component of these improvements is a planned staging area on an under utilized corner at the southwest corner of 19th and H Streets, owned by the Padre Hotel, LP. Under CDBG regulations, any use of funds for improvements to privately owned property requires a commitment by the property owner to create a specific amount of jobs based on the amount of funds invested. The Padre agreed to add (4) four full -time jobs, as approved by the Council on July 13, 2011. This project is now ready for bid award and will include the sidewalks and alley reconstruction, as previously mentioned; curbs and gutters; new handicap ramps; consolidated trash containers; and the staging area for the Arts District. In addition, the vicinity of the staging area will include installation of new trees and grates with an automatic irrigation system, as well as lighting. A mural project is also planned for the east wall of the Front Porch Music store under a separate agreement with the Arts Council of Kern at a later date. $431,000.00 in CDBG funds has been allocated for this public improvements project and the mural project. Five bids (all acceptable) were received, and staff is recommending award to DOD Construction, a local firm, in the amount of $339,802.02. DOD is the effective low bidder and, therefore, received a 7% bid preference. Under HUD Section 3 regulations, DOD met the requirements as a business that provides economic opportunities to the low income population through 1) Section 3 majority ownership; 2) a minimum of 30% of it's FT employees are Section 3 residents, or 3) the firm provides proof that a minimum of 25% of all their subcontracts for the previous 12 months were to Section 3 Business Concerns. General Government (which includes the City Manager's Divisions and the Mayor and City Council budgets), and Financial Services will provide a detailed overview of their FY 2012 -13 proposed budgets. Approved: �.. Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - April 18, 2012 Council Meeting Page 2 BA ��ytA�RA R ADMINISTRATIVE REPORT LIFO MEETING DATE: May 9, 2012 AGENDA SECTION: Presentations ITEM: 4. q. TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: April 26, 2012 CITY ATTORNEY CITY MANAGER ' SUBJECT: Presentation by Mayor Hall of Proclamation to Chuck Waide declaring May 6 -12, 2012, "Public Service Recognition Week" in Bakersfield. RECOMMENDATION: BACKGROUND: krt Q���pVOR�hO •� BA y ADMINISTRATIVE REPORT �1 EVIL LIFO MEETING DATE: May 9, 2012 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: April 26, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: Presentation by Mayor Hall of Proclamation to Omar Macias, declaring May, 2012, "Motorcycle Awareness Month" in Bakersfield. RECOMMENDATION: BACKGROUND: krt BAK O�ycoVORA" S ADMINISTRATIVE REPORT �l 'WRY 1L♦ LIFO MEETING DATE: May 9, 2012 AGENDA SECTION: Presentations ITEM: H. C TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: April 26, 2012 APPROVED DEPARTMENT HEADS 6� CITY ATTORNEY CITY MANAGER S SUBJECT: Presentation by Mayor Hall of Proclamation to Zachary Griffin, declaring May, 2012, "Bike Month" and May 18, 2012 as "Bike to Work Day" in Bakersfield. RECOMMENDATION: BACKGROUND: krt O�BAKEnn ORPOR�. '7S ADMINISTRATIVE REPORT �gziFO � MEETING DATE: May 9, 2012 AGENDA SECTION: Workshops ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD , //� DATE: April 20, 2012 CITY ATTORNEY !�(� CITY MANAGER SUBJECT: Presentation of the Proposed FY 2012 - 13 Budget 77 RECOMMENDATION: BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2012 -13 Proposed Budget for the Operating and Capital Improvement Program budgets. AT:ch:al 4/24/12 SA12- 13BUDPRO \Budget Admins, Resos \Budget Presentation 05.09.12.docX BA O�ycovON,r ADMINISTRATIVE REPORT IFQ MEETING DATE: May 9, 2012 AGENDA SECTION: Appointments ITEM: 'j , a TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: April 30, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY Vdl CITY MANAGER SUBJECT: One appointment of an Alternate Member to the Keep Bakersfield Beautiful Committee, due to the resignation of Christopher Clark (Mayoral appointment), whose term was to expire January, 2013. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy for an Alternate Member on the Keep Bakersfield Beautiful Committee (KBBC) due to the resignation of Christopher Clark (Mayoral appointment), whose term was to expire January, 2013. An application for appointment was received from the following: • Susan Stussy The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is comprised of eight (8) Mayor /Council- appointed members, who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding appointed Regular Committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council, and shall provide the Council, upon request, written reports on the activities of the KBBC. The news release for this recruitment was posted on March 13, 2012. May 3, 2012, 3:06PM S:\ Bds &Comm\KBBCWIternates\2012Wdmin - Mayor appt - May 2012.docx Page 1 RG:at G A ADMINISTRATIVE REPORT y% MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Roberta Gafford, City Clerk April 27, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY D CITY MANAGER �s Approval of Minutes of the April 18, 2012 Regular City Council Meeting. Staff recommends approval. BACKGROUND: ndw MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: April 26, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from April 6, 2012 to April 26, 2012 in the amount of $23,059,542.07, Self Insurance payments from April 6, 2012 to April 26, 2012 in the amount of $365,962.77, totaling $23,425,504.84 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: April 26, 2012, 4:36PM S:\Kim G\ADMIN \COUNCIL- ADMIN- AP- 2012\ADMIN —AP 050912.doc APPROVED MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, C TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: April 24, 2012 APPROVED DEPARTMENT HEAD fie CITY ATTORNEY CITY MANAGER �S SUBJECT: 1. Adoption of Ordinance Amending Section 1.01.010 Relating to Change in Bakersfield Municipal Code Publisher. 2. Adoption of Ordinance Amending Section 2.28.040 Relating to Elimination of Mandatory Planning Commission Meetings. 3. Adoption of Ordinance Amending Section 2.28.090 Relating to Board Appointments to Board of Zoning Adjustment. 4. Adoption of Ordinance Amending Section 2.72.250, Subsection F, Relating to Mandatory Retirement Ages. 5. Adoption of Ordinance Amending Section 2.84.050 Relating to Elimination of Outdated Incentive Credit for Solid Waste Employees. 6. Adoption of Ordinance Amending Section 2.88.020, Subsection A, Relating to Salaries While Absent Due to Injury Related to Employee's Course of Duties. 7. Adoption of Ordinance Amending Section 8.32.020 Relating to Refuse/ Solid Waste /Recycling Definitions. 8. Adoption of Ordinance Amending Section 8.32.060, Subsection B, Relating to Refuse /Solid Waste /Recycling Collection of Charges. 9. Adoption of Ordinance Amending Section 8.44.070 Relating to Penalties for Fireworks Violations. 10. Adoption of Ordinance Amending Section 15.66.030, Subsection C, Relating to Conditional Use Permits for Oil Wells. 11. Adoption of Ordinance Amending Section 15.84.055 Relating to Reduction or Waiver for Low - Income Housing Projects. 12. Adoption of Ordinance Deleting Section 16.16.1 10 Relating to Approval of Development Entitlement, Adding Section 16.12.075 Relating to Approval of Maps, and Adding Section 17.08.210 Relating to Approval of Development Entitlement. 13. Adoption of Ordinance Amending Section 16.32.020 Relating to Security for Improvement Agreements. 14. Adoption of Ordinance Amending Section 16.32.040 Relating to Amount of Security for Improvement Agreements. 15. Adoption of Ordinance Amending Section 17.04.545 Relating to Setbacks. 16. Adoption of Ordinance Amending Section 17.08.130 Relating to Accessory Buildings and Structures. 17. Adoption of Ordinance Amending Section 17.64.060, Subsection F, Relating to Conditional Use Permits - Termination of Rights. ADMINISTRATIVE REPORT RECOMMENDATION: Staff recommends Adoption of the proposed ordinance amendments. These amendments had first reading on April 18, 2012. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Section 1.01.010. The amendment updates the Code to reflect the current publisher of the Code. 2. BMC Section 2.28.040. The amendment reflects current practice. 3. BMC Section 2.28.090. This amendment gives the City Manager's Office the ability to appoint a member of the BZA given the fluctuation in the EDCD. 4. BMC Section 2.72.250. The amendment reflects current practice 5. BMC Section 2.84.050. The deletion reflects current practice. The practice of giving an incentive credit ended in 1995 when the Solid Waste Division converted the crews from Sanitation Worker I and II with incentive pay to the new full 40 -hour work week at a higher compensation level of Solid Waste Equipment Operator. 6. BMC Section 2.88.020. The amendment corrects a typographical error in a Labor Code reference. 7. BMC Section 8.32.020. The amendment changes the definition of "detachable bin" to a container not exceeding six cubic yards rather than three. 8. BMC Section 8.32.060. The amendment reflects current practice. 9. BMC Section 8.44.070. The amendment revises a reference to a section number in the Code. 10. BMC Section 15.66.030. The amendment makes the ordinance consistent with general conditional use permit language elsewhere in the Code. 11. BMC Section 15.84.055. The amendment provides clarity to allow applicants for the Transportation Impact Fee reduction to qualify even if they have a manager's unit not subject to the income limitations. 12. BMC Section 16.16.110. The amendment deletes section 16.16.110 related to approval of development entitlement conditioned on indemnification of City and moves it to a more logical place within the Tentative Maps section of the Code (16.12.075). It also adds similar language to the Zoning Code as Section 17.08.210. ADMINISTRATIVE REPORT 13. BMC Section 16.32.020. The amendment identifies those securities currently accepted by the City for securing obligations in an improvement agreement. 14. BMC Section 16.32.040. The amendment deletes reference to a section of the code being deleted by this clean -up ordinance. 15. BMC Section 17.04.545. The amendment deletes language which is inconsistent with our current practice. 16. BMC Section 17.08.130. The amendment adds new language intended to clarify yard art, etc. allowed within a residential front yard. 17. BMC Section 17.64.060. The amendment revises a reference to a section number in the Code. AH:Isc SACOUNCIUAdmins \11 -12 Admins \Cleanup 2012- 2d.docx A ADMINISTRATIVE REPORT u 0 MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: April 20, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER P—S 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 April 9, 2012, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION Ward 1 /Councilmember Salas 1. 908 Beryl Drive 2. 604 S. Chester Avenue 3. 109 Clifton Street 4. 210 Clyde Street 5. 808 Karma Court 6. 812 Karma Court 7. 816 Karma Court April 20, 2012, 3:06PM /kd S: \Dana\ADMINS\2012\MAY\5 -9- Property Abatement.docx APN COST 022 - 162 -19 $ 105.00 011- 162 -24 $ 969.00 018- 400 -16 $ 300.00 018 - 350 -08 $ 300.00 171- 223 -21 $ 799.00 171- 223 -22 $ 799.00 171- 223 -23 $ 799.00 ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Solos 8. 35 S. King Street 018 - 170 -16 $ 300.00 9. 123 S. King Street 018- 160 -16 $ 300.00 10. 321 S. King Street 018- 140 -16 $ 300.00 11. 335 S. King Street 018 - 140 -23 $ 300.00 12. 3312 Madison Avenue 172- 121 -28 $ 300.00 13. 4301 Santa Cruz Street 171-114-01 $ 300.00 14. 1312 E. 9th Street 018- 061 -24 $ 835.00 Ward 2 /Counciimember Benham 15. 2000 Brundage Lane 008 - 344 -12 $ 105.00 16. 140 Candy Street 020- 265 -22 $ 105.00 17. 801 Kentucky Street 014- 300 -01 $ 1,150.00 18. 1106 Kentucky Street 015- 390 -15 $ 1,039.00 19. 224'/2 Lake Street 014- 180 -12 $ 300.00 20. 409 Monterey Street 014- 160 -02 $ 600.00 21. 125 Morrison Street 020 - 295 -01 $ 300.00 22. 1326 Niles Street 015- 160 -10 $ 300.00 23. 724 Oregon Street 013- 270 -08 $ 855.00 24. 1323 Quincy Street 015- 050 -06 $ 730.00 25. 200 Truxtun Avenue 006 - 132 -11 $ 869.00 26. 905 E. 18th Street 017- 270 -02 $ 698.00 Ward 3 /Counciimember Weir 27. 3221 Apollo Street 146- 042 -10 $ 649.00 28. 1905 University Avenue 021 - 381 -08 $ 105.00 29. 1913 University Avenue 021- 381 -10 $ 105.00 30. 8000 Willis Avenue 132- 213 -14 $ 105.00 Ward 4 /Counciimember Couch 31. 315 Via Esperanza Ward 5 /Counciimember Hanson 32. 8713 Crowningshield Drive 33. 7901 S. Laurelglen Boulevard April 20, 2012, 3:06PM/kd S: \Dana\ADMINS\2012\MAY\5 -9- Property Abatement.docx 409 - 213 -09 392 - 202 -05 385 - 251 -13 $ 300.00 $ 300.00 $ 685.00 ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 6 /Coucilmember Sullivan 34. 4709 Gardenwood Lane 403 - 251 -15 $ 105.00 35. 6100 Quaking Aspen Street 498 - 102 -11 $ 900.00 36. 5415 Silver Creek Road 499 - 044 -08 $ 1,300.00 Ward 7 /Councilmember Johnson 37. 2936 Avalon Street 38. 8705 Domingo Street 39. 2500 Emerald Street 40. 6709 Ona Court 023 - 212 -07 $ 105.00 514 -641 -05 $ 665.00 023 - 273 -01 $ 300.00 515- 070 -42 $ 300.00 The owners of the above - mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. April 20, 2012, 3:06PM/kd S: \Dana\ADMINS\2012\MAY\5 -9- Property Abatement.docx AK 044 S Wit. ADMINISTRATIVE REPORT I0 MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, e. TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: April 6, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY D� CITY MANAGER l� SUBJECT: Resolution approving an application to the Kern County Local Agency Formation Commission to annex to and detach from the City of Bakersfield various segments of the right -of -way of Seventh Standard Road between State Route 99 and Santa Fe Way (Annexation No. 633). (Wards 3 and 4) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The centerline of Seventh Standard Road currently serves as the boundary between Bakersfield, Shafter, and the County of Kern (i.e. city limits and spheres of influence). When annexing land that abuts a public street, the annexation would typically include the entire road right -of -way. However, along Seventh Standard Road where the jurisdictional boundary is located on the centerline of the road, annexation of land by either city would only include one -half of the right -of -way (south 1/2 to Bakersfield, north 1/2 to Shafter). The recent widening and realignment of Seventh Standard Road has modified the location of its centerline. Therefore, areas within the city limits of Bakersfield and Shafter extend beyond the centerline in various places between State Route 99 and Santa Fe Way. To correct the boundary, both cities propose submitting applications to LAFCo to annex and /or detach various segments within the Seventh Standard Road right -of -way to recognize the revised centerline as the new boundary (note: LAFCo has agreed to combine these applications into a single project and allow the cities to split the filing fee). Kern County is also in agreement with these changes since there are some areas where a city boundary abuts the unincorporated area. The entire project area involves 39.83 acres. For Bakersfield, the proposal will result in annexing approximately 24.85 acres and detaching 0.38 acres. Although the land involved only includes public road right -of -way, it still falls under the provisions of the master tax split agreement (Memorandum of Understanding 05 -015) between the City and Kern County. JE:dI SAAnnexation \Res of Applic \Admin 633 rev2.doc OFBAKE �,�oavon,r��S� U C7 C 'a+u.�iv uI gLIFO ADMINISTRATIVE REPORT MEETING DATE: May 09, 2012 ITEM: TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: April 27, 2012 : Consent Calendar DEPARTMENT HEAD CITY ATTORNEY APPROVED 6-ka: to CITY MANAGER )' SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($160,568.00) from the U.S. Department of Justice to establish a Citizen Volunteer Unit within the BPD. RECOMMENDATION: Staff recommends adoption of the proposed Resolution. BACKGROUND: Since 1996 the City of Bakersfield Police Department has applied for and received grant funding from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. Funding from the L.L.E.B.G. Program has helped the City underwrite various projects to reduce crime and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant. "The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multi - jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives." Grants from the J.A.G. Program have a term of four years and do not require any match from the City. Prior to submitting the application to the Department of Justice, the Bakersfield Police Department must comply with a number of grant conditions including the requirement that the grant application be reviewed by "the governing body of the unit of local government." This agenda item fulfills this requirement. The Police Department wishes to submit the following proposal to the Department of Justice for grant approval. The dollar amounts in the proposed budget below are estimates. If department needs change or the amounts spent differ from those proposed, the Police Department will expend the differences in accordance with the JAG /Byrne Grant Guidelines. f:17 A KE OF ycoaFOR +re RS ADMINISTRATIVE REPORT �q �r 2012 JAG /BYRNE GRANT PROPOSAL The Bakersfield Police Department is committed to providing the highest level of service possible to the community we serve; however, economic challenges experienced at the federal, state, and local levels of government over the course of the past five years have seriously compromised our ability to provide the levels of service we strive for. Every Division within the Police Department has considerable needs that cannot be met in lieu of the economic environment. A volunteer needs assessment study revealed that Sixty (60) volunteers could be used in a variety sections to enhance many service related functions. To facilitate the efficient and orderly performance of community volunteers, the BPD proposes to use JAG /Byrne funds to develop, implement and equip a Citizen Volunteer Unit (CVU). Once trained and equipped, the CVU can be utilized to augment clerical duties in Crime Prevention, Traffic, Records, Property and Investigations. The CVU will also be trained to assist in a variety of community functions, including: assisting with animal control, camera monitoring, neighborhood watch, citizen patrols, and traffic control. The BPD requests approval to submit a JAG /Byrne grant application to the Department of Justice to provide funding to hold two (2) Citizens Volunteer Academies, purchase two (2) mid -size sedans, two (2) small pick -up trucks, radios, uniforms and miscellaneous equipment. .. BA Q� �,ovo..� RS ADMINISTRATIVE REPORT LIFO MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: R e TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: April 27, 2012 SUBJECT: Amendment No. Kimberly Avenue (Ward 4) DEPARTMENT HEAD CITY ATTORNEY rPROVED CITY MANAGER & 1 to Resolution No. 069 -11 adopting the Hooper Avenue & Planned Sewer Area and making findings relative thereto RECOMMENDATION: Staff recommends adoption of amendment to Resolution. BACKGROUND: On July 13, 2011, the City Council adopted Resolution No. 069-11 amending Chapter 16.32.060 of Title 16 of the Bakersfield Municipal Code adding the Hooper Avenue and Kimberly Avenue Planned Sewer Area. As part of an annexation agreement, the City constructed sewer improvements for residents within the Hooper Avenue and Kimberly Avenue area. Property owners desiring to connect to the City's sewer system would pay the connection fee and sewer construction fees. The amount originally charged to property owners for construction fees was based upon the construction award amount. Actual construction costs came in lower than the contract award amount. Therefore, the amount property owners pay for construction fees should be proportionately decreased. Exhibit A of the original Resolution based the single - family equivalent fee on $885,949.60 (contract award amount). With 89 single - family dwellings in the area, the 2011 single - family fee was $9,954.49 for property owners. This Amendment revises Exhibit A to reflect reduced costs of $793,270.03 (actual construction costs). The 2011 fee will be $8,913.15 for each single - family equivalent. Total savings for this project is $92,679.57; this reflects a savings of $1,041.34 per single - family equivalent. Previously, 28 individual agreements with property owners have been approved by the Council with the higher construction fee. Each of these agreements will be amended in the near future to pass on the lower costs to these property owners. Since signatures from the property owners must be obtained and notarized, these amendments will go before Council incrementally. 0 G: \GROUPDAT\ADMINRPT \2012 \05- 09\Amend Res 069 -11(1) KH 5 -9 -12 ADMIN.doc May 1, 2012, 8:36AM � A ADMINISTRATIVE REPORT aft 1 MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: April 11, 2012 PPS DEPARTMENT HEAD ;� CITY ATTORNEY CITY MANAGER 45 SUBJECT: Resolution of Intention (ROI) No. 1710 to add territory, Area 1 -90 (4850 Commerce Drive) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 2) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers) /developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. ps G: \GROUPDAT\ADMINRPT \2012 \05- 09 \ROI est CMD 1- 90.docx BAK �co�.,,r Rsi ADMINISTRATIVE REPORT cAL1 0 MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: S. i. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director DATE: April 9, 2012 APPROVED DEPARTMENT HEAD�� CITY ATTORNEY CITY MANAGER S SUBJECT: Agreement with Brown Armstrong Accountancy Corporation ($56,000) for a full scope annual audit of the 2011-12 fiscal year. RECOMMENDATION: Budget and Finance Committee recommends approval of the agreement. BACKGROUND: In February 2012, a Request for Proposal for auditing services was posted on the City's online vendor and bid management system. Fourteen firms showed an interest in the process. Four firms submitted proposals which were reviewed by the Finance Department. Three of the four firms met the experience requirements to perform the City's audit and were sent to the Budget and Finance Committee. The Budget and Finance Committee reviewed the proposals on March 26, 2012. The Budget and Finance committee recommended the selection of Brown Armstrong Accountancy Corporation to perform the annual audit work for the 2011-12 fiscal year ($56,000), with the option of up to four (4) one year extensions. The Request for Proposal issued in February 2012 contemplated a five year commitment with the selected firm, with the 2011 -12 fiscal year being year 1 of 5. A cost of living factor was built into the contract so that future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in the scope of the audit and assuming no significant change in the audit workload as a result of Governmental Accounting Standards Boards (GASB) actions that might take place in the future. Brown Armstrong Accountancy Corporation was agreeable to this additional contract language. The agreement referenced above is related to the audit for year 1 of 5. The City's cost is budgeted as a "non - departmental" line item in the General Fund. A small portion of the City costs is charged to the Wastewater Enterprise Fund regarding a compliance review letter associated with the Sub - Regional Wastewater / User Agency agreement. 4/9/2012 8:12:00 AM S:\Admin\Admin Reports\2012 Brown Armstrong.docx JJII�:, o a ADMINISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: Uf TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: April 27, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEYQi� CITY MANAGER /W SUBJECT: Agreement with the Kern County Superintendent of Schools (KCSOS) Office ($87,848.00) to expand the Safe Community Partnership Strategy, consistent with the requirements set forth by CalEMA for the 2009 & 2011 Project Safe Neighborhoods grant. RECOMMENDATION: Staff recommends approval of the proposed agreement. BACKGROUND: The Bakersfield Police Department (BPD) has received a grant in the amount of $132,548 under the 2009 & 2011 Project Safe Neighborhoods (PSN) Program from the California Emergency Management Agency (CalEMA), to expand the Safe Community Partnership (SCP) strategy implemented in April 2010. The BPD, serving as the lead agency, along with local service providers and other community - based organizations (CEOs), are engaged in the Bakersfield Safe Streets Partnership (BSSP); The BSSP operates a Safe Community Partnership (SCP) strategy to reduce gun and gang violence in one of the city's most troubled areas (south of Columbus Avenue to Panama Lane, east of H Street to Fairfax Avenue), by presenting gang "call -ins" to directly communicate the community's message of non - violence, opportunity and unity with law enforcement to active gang members. The total grant amount referenced above ($132,548) includes $19,700 to fund BPD logistical expenses related to conducting gang "Call Ins ", $25,000 to fund technical assistance from the California Partnership for Safe Communities, and $87,848 to expand the SCP and provide operational assistance to local participating CEOs. A request for City Council appropriation of these funds is on an adjacent agenda item. The expansion of the SCP and administration of funding to local participating CBOs will be accomplished through this agreement with the Kern County Superintendent of Schools, in accordance with the grant requirements set forth by Cal EMA. DB Page 1 of 1 BAKER ADMINISTRATIVE REPORT " L1F0 MEETING DATE: May 9, 2012 AGENDA SECTION: Consent ITEM: 8, k TO: Honorable Mayor and City Council FROM: Christi Tenter, Human Resources Manager DATE: May 1, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY V417t CITY MANAGER 4 SUBJECT: Agreement with The Segal Company for Health Care Consulting, not to exceed $92,000 in 2012 -13, $93,500 in 2013 -14, $95,000 in 2014 -15 and $96,500 in 2015 -16. RECOMMENDATION: Personnel Committee recommends approval of the contract. BACKGROUND: In June of 2008 the City entered into a three year (including an optional fourth year) contract with Segal for a broad range of health benefits consulting work. These duties include, but are not limited to, the following activities: • Health benefit consulting and cost management; • Health benefit renewal management; • Vendor marketing and management; • Compliance management; Segal is currently in the fourth option year of the existing contract which will expire at the end of June 2012. Since 2008 Segal has worked to establish an exceptional track record of providing sound strategic guidance and overall management of the City's healthcare benefit programs. Through the establishment of an excellent working relationship with the City's Insurance Committee, Personnel Committee and staff, Segal has been able to effectively carry out their scope of work to the betterment of the City and its employees. Segal's efforts in negotiating renewal rates over the life of their contract has resulted in the City maintaining favorable annual premiums for its employees, as well as for the City. Segal's benefits consulting /management efforts have allowed the City to develop annual benefits packages that have maintained a high level of coverage options for employees and retirees, while at the same time allowing the City to significantly reduce its current and future costs. An example of this was this past year when Segal was able to successfully provide the City with a recommended health care package for 2012 which provided for rate reductions or no rate BAKE U � p ALIF0 ADMINISTRATIVE REPORT increases for a majority of City employees and retirees; expanded benefit options; and included the potential to reduce the City's Retiree Medical unfunded liability by 20 %. On March 14, 2012 staff discussed the issue of continuing a relationship with Segal with the City's Insurance Committee. This resulted in a unanimous recommendation by the Insurance Committee to continue a contract with Segal. The Personnel Committee reviewed this proposal at their meeting on May 1, 2012 and recommended that it be forwarded to the City Council for approval. Below is a chart comparing the costs of the first four year contract with the agreed upon contract rates for the next four years, should the Council approve the contract. Current Contract Proposed Contract Year 1 = $80,000 Year 1 = $92,000 Year 2 = $83,250 Year 2 = $93,500 Year 3 = $87,000 Year 3 = $95,000 Year 4 = $90,750 Year 4 = $96,500 BA c o14 ADMINISTRATIVE REPORT C `awn n 9LIF0 MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD I DATE: April 24, 2012 CITY ATTORNEY CITY MANAGER S SUBJECT: Agreement with Geocon Consultants Inc. (not to exceed $84,750.00) for groundwater sampling and reporting to comply with discharge permits issued by the California State Water Resources Control Board for Wastewater Treatment Plants No. 2 and 3 (Wards 1 & 6) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Wastewater Treatment Plants No. 2 and 3 operate under discharge permits issued by the California State Water Resources Control Board. These permits require monitoring, sampling, and reporting be performed for the on -site water wells at Plants 2 and 3, City Farm, and Green Acres Farm located at Interstate 5 and Taft Highway where Plant 3 effluent is reused for farming irrigation. This monitoring, sampling, and reporting ensure the safety of the groundwater. Staff does not have the staffing or equipment to perform these services; therefore, the City has traditionally contracted for these services with consultants. Staff advertised for Request for Qualifications and Proposals. Three firms (ETIC Engineering - Pasadena, Geocon Consultants - Bakersfield, and Thomas Harder & Company - Placentia) submitted their Statements of Qualifications and Proposals (SOQ &P) to the City on March 30, 2012. Staff then reviewed those SOQ &P's. As a result of that review, the staff selection committee ranked the firms based on a combination of qualifications first and fee second. Staff recommends award of this agreement to Geocon Consultants based on the combination of their qualifications and fee rates being the most beneficial for the City. It should be noted that Geocon Consultants is the current consultant for these services and has performed well during the current contract period. Sufficient funds are budgeted to fund this agreement. Funding source for this agreement will be Sewer Enterprise funds; therefore, there is no General Fund impact associated with this agreement. PW WW: Is G: \GROUPDATWDMINRPT \2012 \05- 09 \Geocon Consultants Groundwater Monitoring Admin Report - revised.doc MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: S. M. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: April 18, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY Q CITY MANAGER �s SUBJECT: Agreement with Bolthouse Properties, LLC to purchase real property located east of Allen Road and south of Ming Avenue for $83,000 for a domestic water well site. (Ward 5) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City of Bakersfield is acquiring land to construct a domestic water well site for the purpose of providing drinking water. The water well site contains approximately 13,821 square feet. The purchase price of $83,000 is the fair market value based on an appraisal prepared by Michael Burger and Associates, an independent appraisal company. A Phase I Environmental Site Assessment report has been prepared by the City's Environmental Services Director and the Planning Department found the acquisition consistent with the Metropolitan Bakersfield General Plan. p: \myfiles \admin reports \water well bolthouse.docx 4/18/2012 4:06 PM DMA /s F BA paw rou S ADMINISTRATIVE REPORT 1. IFO MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: $. n TO: Honorable Mayor and City Council FROM: Art R. Chianello, Water Resources Manager DATE: April 18, 2012 APPROVED DEPARTMENT HEAD (� CITY ATTORNEY CITY MANAGER �S SUBJECT: Amendment No. 1 to Agreement No. WR11 -008 with Quad Knopf, Inc. ($35,000; for a revised not to exceed amount of $95,000) to provide environmental, biological, and planning services (Wards 1 through 7). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City's Water Resources and Public Works Departments have had several recent maintenance and capital improvement projects where on -call environmental, biological, and planning services were needed. The City has also been working on updating various permits to continue maintenance activities in the Kern River channel. On March 23, 2011 the Water Resources Department entered into Agreement No. WR11 -008 with Quad Knopf, Inc., to provide the on -call services for these types of tasks. The original Agreement was for a one -year term with a not to exceed amount of $35,000. Over the course of the term of current agreement, Quad Knopf has provided biological and nesting bird surveys for sumps that contained vegetation and wildlife in various parks. Water Resources obtained these important surveys prior to performing much - needed maintenance in these environmentally sensitive sumps. It was imperative to clean these sumps in short order because of the risk of potential flooding of residential neighborhoods as experienced during the storm of December 2010. Also, Quad Knopf has been working closely with Water Resources staff to update permits as required to continue to perform routine maintenance of the Kern River channel so that the City is in compliance with state and federal regulations. To ensure these required permits are up to date, staff recommends that the City continue to use the services and expertise of Quad Knopf to coordinate with these governing agencies. Public Works has used the services of Quad Knopf to assist in San Joaquin kit fox training at various capital improvement project sites. Public Works anticipates that Quad Knopf's services will be needed for some additional training and assistance in coordinating with federal and state agencies. It is beneficial to keep Quad Knopf involved in these current projects until completion in order to ensure that the coordination effort between the City and the regulatory agencies is not disrupted. Sufficient funds are budgeted to fund this amendment. JLM Quad Knopf agreement WR11 -008 SA2012 ADMIN REPORTS1Quad Knopf Admin Report—Water Resources.doc BA pF�,,ovoo� �s ADMINISTRATIVE REPORT RLTO MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: S. p, TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 25, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY G' CITY MANAGER Amendments to On -Call Civil Engineering Services Agreements (All wards): 1. Amendment No. 1 ($100,000; for a total contract amount of $400,000) to Design Consultant Agreement No. 10 -086 with AECOM Technical Services, Inc. for additional On Call Civil Engineering Services. 2. Amendment No. 1 ($100,000; for a total contract amount of $400,000) to Design Consultant Agreement No. 10 -087 with Meyers Civil Engineering, Inc. for additional On Call Civil Engineering Services. 3. Amendment No. 1 ($100,000; for a total contract amount of $400,000) to Design Consultant Agreement No. 10 -088 with Ruettgers & Schuler Civil Engineers for additional On Call Civil Engineering Services. RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an "on- call" engineering and surveying services contract with local engineering firms which were selected through a qualification based selection process. This on -call program provides staff surveying and civil engineering design services as needed for various City CIP projects. The program has proven to be very effective for providing timely design and surveying services to the City to enhance CIP project delivery. Due to current and anticipated workloads for Fiscal Year 2012/2013, staff desires to extend these Agreements for one Fiscal Year. The above amendments extend each of the Agreements' terms to include FY 2012/2013, and increase the total compensation amount for each agreement by $100,000. No appropriations are necessary for these amendments as these services are paid for from the budgeted CIP projects funding. (PW -TMA) G: \GROUPDAT\ADMINRPT\ 2012 \05- 09\Admin — Amend to On Call Engring Senrices.doc AK ADMINISTRATIVE REPORT L MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: April 26, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement 07 -222 with HNTB Corporation, ($113,991; for a not to exceed total of ($4,459,548) for Engineering Design Services for the Rosedale Highway Widening Project. (TRIP) (Ward 4) RECOMMENDATION: Staff recommends approval of the Amendment. BACKGROUND: HNTB Corporation is currently under contract to perform preliminary engineering and environmental services for the Rosedale Highway Widening Project, which will widen Rosedale Highway from four lanes to six lanes. During preparation of the Draft Environmental Document (DED), the California Department of Transportation (Caltrans) identified the need to complete a Preliminary Site Investigation (PSI) prior to approving the Final Environmental Document (FED). The PSI would identify areas of hazardous material within the project limits that would require special handling during construction. It had originally been planned to complete this work during the final design phase of the project, and so the work was not included in the scope of work for the environmental document. But Caltrans is now requiring this work to be completed with the environmental document, and this Amendment includes performing this PSI work. Also, the original scope of work included what was thought to be an adequate quantity of printed document copies of both the DED and FED, as most of the document circulation would be accomplished with much cheaper electronic copies. However, Caltrans has requested that a larger amount of printed copies of the documents be produced than the amount originally provided for in the scope of work, and this Amendment includes the cost for producing the needed additional printed copies. Adequate funds have been previously budgeted to pay for this Amendment. Tdw: G: \GROUPDAT \ADMINRPT \2012 \05- 09 \HNTB Amend 2 - Rosedale.docx MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: S, 19 TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: April 27, 2012 SUBJECT: Westside Parkway Phase 2 (TRIP) (Wards 2, 4 and 5) APPROVED DEPARTMENT HE CITY ATTORNEY p� CITY MANAGER /W Contract Change Order Nos. 24, and 32 to Agreement No. 09 -076 with Security Paving Company, Inc. ($125,494.13 for a revised not to exceed amount of $87,366,127.07) for the Construction of the Westside Parkway Phase 2 Project. RECOMMENDATION: Staff recommends approval of 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. 24 provides for increased quantities of concrete, reinforcing steel, and forming necessary for modifying a retaining wall for the eastbound on -ramp at Coffee Road. The retaining wall height and corresponding quantities had to be increased due to incorrect wall elevations shown on the bid plan set. This change order results in a net increase of $83,140.85. Change Order No. 32 provides for modifications to the Coffee Road, Calloway Drive and Jewetta Avenue Bridges. After the project was awarded, AECOM, the designer of this project, modified the bridge plans to include some additional reinforcing steel in these bridges. Additional reinforcing steel was also required for a concrete barrier on one of the sound walls. This additional reinforcing steel was not included in the original plans used for bidding. This change order results in a net increase of $42,353.28 Staff recommends approval of Contract Change Order Nos. 24 and 32. Change orders to date, including this proposed change order, total $10,793,682.00. This is a 14.1 % increase over the original contract amount as illustrated below:. • Original Contract Amount = $ 76,572,445.07 • Previous Change Orders = $ 10,668,187.87 • Current Change Order Nos. 24 and 32 = $ 125,494.13 • Amended Contract Agreement after Change Orders = $ 87,366,127.07 Net Increase to date = $ 10,793,682.00 Tdw:G: \GROUPDATWDMINRPT \2012 \05- 09Wdmin Rpt CCO 32,24 WSP- 2.docx Sufficient funds have previously been budgeted to fund these contract change orders. 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. Also, Change Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water Storage District. 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 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 \05- 09Wdmin Rpt CCO 32,24 WSP- 2.docx ADMINISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: April 26, 2012 CITY ATTORNEY__ CITY MANAGER SUBJECT: Accept bid from Lehr Auto Electric in the amount of $186,646.88 for fifty (50) Panasonic Toughbook Laptops for various City departments. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer equipment. Four (4) bids were received in response to the solicitation. The Panasonic Toughbook laptops are units that provide protection from water, high heat, and are built to withstand elements associated with outdoor use. Funds are budgeted in the Equipment Replacement Fund to issue 42 laptops to the Police Department; 32 for replacement of units that have been used beyond their recommended replacement date and 10 laptops will be issued to new officers. Seven laptops are grant funded and will be issued to the Fire Department for use in their new Command Vehicle. Capital Outlay funds are available for one laptop to be issued to the Public Works General Services Division for use in the field to maintain traffic control devices. The four (4) bids received are as follows: BIDDER AMOUNT Lehr Auto Electric, Sacramento, CA $186,646.88 EnPointe Technologies Sales, Inc., Gardena, CA $192,502.73 Gov Connection, Inc., Merrimack, NH $202,843.23 First Mobile Technologies, Inc., Conshohocken, PA $204,769.44 Staff finds the bid submitted by Lehr Auto Electric to be acceptable. Purchasing Division/kb SAPURCH\NDMINWdmin 11 -12 \Panasonic Toughbooks. 11- 12 -79, May 9, 2012.docx MEETING DATE: May 9, 2012 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Consent Calendar ITEM: Q e Honorable Mayor and City Council Raul Rojas, Public Works Director April 25, 2012 APPROVED DEPARTMENT HEAD__', CITY ATTORNEY DD CITY MANAGER /mss Accept bid and approve agreement to Courts and Greens ($78,151.00) for the Tennis Courts Resurfacing Project -2012 (Wards 2, 3, 5 and 6). RECOMMENDATION: Staff recommends acceptance of bid and approval of agreement BACKGROUND: Due to extensive use, several tennis courts in City parks are in need of resurfacing. Historically, the City has used an acrylic surfacing and striping process to extend the useful life of concrete and asphalt play courts. The process has proved successful, but it has been 10 -15 years since the tennis courts in Jostro Park (Ward 2), Silver Creek Park (Ward 6), Centennial Park (Ward 2), Siemon Park (Ward 3), Campus Park South (Ward 5), and Haggin Oaks Park (Ward 5) have received this acrylic surfacing treatment. This project will install acrylic surfacing over existing concrete or asphalt surfaces at these locations. Funds for this project have been appropriated from available Park Improvement Fund balance (acquisition fees, zone 2). The Engineer's Estimate for this construction contract was $82,000.00. There are sufficient funds in the project account for this contract. On March 28, 2012 a total of three bids were received; all of those bids are acceptable. Those bids are as follows: Courts and Greens 4039 Well Tech Way #B Bakersfield, CA 93309 California Surfacing 4457 Oak Lane Claremont, CA 91711 Industrial Coating and Restoration 2534 Oceanside Blvd. Oceanside, CA 92054 in the amount of $78,151.00 in the amount of $91,452.85 in the amount of $99,993.05 PW/Design Engineering/kb 4/25/2012 10:26 AM G:\ GROUPDAT \ADMINRPT\2012 \05- 09\Admin P2C304 Tennis Courts Resurfacing.docx ' ADMINISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: April 26, 2012 CITY ATTORNEY__jL' CITY MANAGER SUBJECT: Accept bid and approve contract to Bowman Asphalt, Incorporated (not to exceed $1,000,000) for the annual contract to provide and apply asphalt rejuvenator and sealant. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to Bid were sent to over one hundred (100) contractors for the Annual Contract for Asphalt Rejuvenator and Sealant for the Public Works Department Streets Division. Two (2) bids were received in response to the solicitation. The contract is for a one year period; renewable annually for four consecutive one -year periods at the City's option and upon mutually agreeable terms. As part of a street maintenance program, the Streets Division applies an asphalt rejuvenator and sealant to surface streets to extend the life of the asphalt. The successful contractor will supply and spread the product at various City locations on an on -call as needed basis. The bids were solicited and compared based on an estimated application of 500,000 gallons of asphalt rejuvenator annually. The budgeted amount currently available for this contract is $1,000,000. The two (2) responses are as follows: Bowman Asphalt, Inc. Bakersfield, CA Burtch Construction Bakersfield, CA ANNUAL ESTIMATE TOTAL Staff finds the bid submitted from Bowman Asphalt, Incorporated to be recommends approval of a contract in the amount of $1,000,000. Funds are Gas Tax Funds and Capital Outlay Funds for this contract. Purchasing Division/kb S:IPURCHWDMINWdnnin 11 -12WC Asphalt Rejuvenator Sealant, 11- 12 -80, May 9, 2012.docx Created on 4/28/2012. acceptable and budgeted in the A ADMINISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENAk SECTION: Consent Calendar ITEM: _ i , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: April 26, 2012 SUBJECT: Masonry Block Wall at Fire Station # 1 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1. Accept bid and approve contract to On Grade Contracting, Incorporated ($69,400) for masonry block wall construction at Fire Station No. 1. Ward 2 2. Transfer $51,400 savings from various Fire Department Capital Improvement Projects within the Capital Outlay Fund for the removal and replacement of a masonry block wall at Fire Station No. 1. RECOMMENDATION: Staff recommends acceptance of bid, approval of contract and transfer of funds. BACKGROUND: Invitations to bid were sent to ninety seven (97) bidders for masonry and block wall construction. Two (2) bids were received in response to the solicitation. The Fire Department has an adobe wall that was built in 1939. The wall shows substantial deterioration and the structure lacks appropriate seismic reinforcement. To prevent further shifting and settling, staff recommends complete removal of the adobe wall and replacement with a masonry block wall with proper seismic reinforcements and consideration of current building codes. The department had originally budgeted $18,000 to repair the wall. They have identified project savings of other Capital Outlay projects and are proposing a transfer in the amount of $51,400 within the Capital Outlay Fund to complete the funding for this project. Two (2) bids were received as follows: Bidder Amount On Grade Contracting, Incorporated $69,400 Sonora, CA Piper & DeVries, Inc., dba Omega Construction $94,200 Bakersfield, CA Staff finds the low bid submitted by On Grade Contracting, Incorporated to be acceptable and recommends approval of the contract in the amount of $69,400. Purchasing Division /kb SAPURCHWDMIN1Admin 11- 12UAasonry Block Wall at Fire Station #1, 11- 12 -82, May 9, 2012.docx MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: V . TO: Honorable Mayor and City Council APP_ FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: April 25, 2012 CITY ATTORNEY CITY MANAGER 4S SUBJECT: Accept bid and approve contract to Elite Painting & Wallcovering, Incorporated in the amount of $44,950 for repainting the Bright House Networks Amphitheatre. (Ward 4) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to bid were sent to over four hundred (400) contractors for painting services. Twelve (12) bids were received in response to the solicitation. This project will repaint the Bright House Networks Amphitheatre in The Park at River Walk. The Amphitheatre was constructed approximately 6 years ago and the existing paint has begun to chip and peel where exposed to the elements. Peeling areas has exposed the primer and areas of bare metal have begun to rust. In addition, the structure has been touched up over the years which does not match the original paint. Funds are budgeted in the Capital Outlay Fund for this project Twelve (12) bids were received as follows: BIDDER AMOUNT Elite Painting & Wallcovering, Inc., Bakersfield, CA $ 44,950.00 Painting and D6cor LTD, Orange, CA $ 47,900.00 Wm. B. Saleh Co., Bakersfield, CA $ 49,242.00 Steve Holloway Painting, Bakersfield, CA $ 52,500.00 Fix Painting Company, Woodland Hills, CA $ 66,900.00 Olympos Painting, Inc., Van Nuys, CA $ 77,000.00 C.T. Georgiou Painting Co., Wilmington, CA $ 78,000.00 Everlast Builders, Inc., Canyon Country, CA $ 80,000.00 Pacific Contractors Group, Inc., Northridge, CA $ 87,000.00 Purchasing Division /kb & PURCHWDMINWdmin 11- 12%Repaint the Bright House Networks Amphitheatre, 11- 12 -69, May 9, 2012.docx ADMINISTRATIVE REPORT Piana Construction & Painting, Inc., Granada Hills, CA $ 97,000.00 Sturgeon Services Intl., Bakersfield, CA $117,093.46 Omega Construction Co., Inc., Northridge, CA $127,850.00 Staff finds the low bid submitted by Elite Painting & Wallcovering, Incorporated to be acceptable and recommends approval of the contract in the amount of $44,950. Purchasing Division/kb SAPURCHWDMINWdmin 11- 12\Repaint the Bright House Networks Amphitheatre, 11- 12 -69, May 9, 2012.docx MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director April 19, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ICS Construction on State Route 184 at Bedford Green Drive (Ward 3): 1. Accept bid and approve contract to Granite Construction Company ($758,570.00). 2. Appropriate $943,000.00 CalTrans' share of project to the Public Works Department's Capital Improvement Budget within Gas Tax Fund. RECOMMENDATION: Staff recommends acceptance of low bid, approval of contract, and appropriation of funds. BACKGROUND: The project has been initiated to address the intersection of State Route 178 (SR 178) and State Route 184 (SR 184) by proposing to use future Bedford Green Drive as a bypass for traffic from northbound SR 184 to westbound SR 178. This will eliminate the existing difficult left turn from SR 184 northbound to SR 178 westbound traffic. The proposed intersection of SR 184 and Bedford Green Drive will require the flattening of a couple of vertical curves along SR 184 in an effort to improve design speed and sight distance. The existing sidewalk, curb, and gutter that run parallel to SR 184 within the project limits will be reconstructed, including the curb returns and curb ramps at the proposed intersection. The project will improve safety by redirecting traffic at the proposed intersection and improving the sight distance. Per a Cooperative Agreement with CalTrans (City Agreement 11 -151), the project is sponsored by CalTrans thru State Highway Operation and Protection Program (SHOPP) funds. The City will be administering the construction of the project. The contract amount is $758,570.00. Staff recommends appropriating the full $943,000.00 CalTrans' share of project cost as stipulated in the cooperative agreement between the City and CalTrans. Funds are needed for potential change orders and other miscellaneous costs. At project completion, a full accounting of project costs will be completed. PW /Design Engineering /jc 4/24/2012 2:05 PM G: \GROUPDATWDMINRPT \2012 \05- 09Admin T2K248 Construction SR 184 at Bedford Green Drive.docx ADMINISTRATIVE REPORT On April 10, 2012 a total of three bids were received; all of those bids are acceptable. Those bids are as follows: Granite Construction 585 West Beach Street Watsonville, CA 95076 Griffith Company 1 128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 (County) in the amount of $758,570.00 in the amount of $821,831.00 in the amount of $911,488.30 PW /Design Engineering /sl 4/24/2012 2:05 PM G: \GROUPDAT\ADMINRPT \2012 \05- 09\Admin T2K248 Construction SR 184 at Bedford Green Drive.docx MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: April 26, 2012 SUBJECT: State Farm Sports Village - Phase 2 (Ward 6) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ & 1. Accept bid and approve agreement to S.C. Anderson, Inc. ($3,603,000) for Base Bid and Additive Alternate No. 1 - Construct McKee Road of the Sports Village Phase 2. 2. Appropriate $430,000 Park Improvement Fund balance within the Park Improvement Fund to the Public Work's Department Capital Improvement budget (Ward 6). 3. Appropriate $350,000 Wastewater Enterprise Fund Balance to the Public Works Capital Improvement budget within the Wastewater Enterprise Fund (Ward 6). RECOMMENDATION: Staff recommends acceptance of bid, and, approval of agreement and appropriations. BACKGROUND: Bakersfield Sports Village - Phase 1 was constructed in 2010 -11 and operational for the fall of 2011 with eight lighted soccer fields plus a Concession /Maintenance Building and a Restroom Building. It comprised approximately 30 acres including the soccer fields, parking lots and the irrigation supply lake with pump station. State Farm Sports Village - Phase 2 will construct four additional soccer fields and four youth football fields on approximately 27 acres. Ultimately those football fields will be converted to soccer fields with the construction of future phases. Incorporated in this Phase 2 is the extension of the storm drain system to McKee Road. McKee Road will be developed to full width for the first 800 feet west of Ashe Road with curb and gutters, streetlights and sidewalk on the south side of McKee Road. A new parking lot mirror imaging the Phase 1 parking lot will be constructed between the sports fields. A new restroom building is included in this phase as well as installing an additional irrigation pump at the supply lake. Over 20 acres of sod will be planted in the sports fields. The irrigation system for Phase 1 is being modified for complete automatic control as well as new irrigation control system for Phase 2. After acceptance by the City, maintenance will be provided by the American Youth Soccer Organization (AYSO) and by the Golden Empire Youth Football Association. G: \GROUPDATIADMINRPT\2012 \05 -09 \State Farm Sports Village - Phase 2.Doc ADMINISTRATIVE REPORT Currently, $3,110,000 is appropriated for this project. Staff recommends $430,000 from the Park Improvement Fund into the Public Works Capital Improvement Budget, and $350,000 appropriation into this project from Wastewater Enterprise Fund to the Public Works Capital Improvement Budget in order to fully fund the Base Bid and Additive Alternate No. 1. There is no General Fund impact associated with this appropriation. The Engineer's Estimate was $4,059,000. On April 19, 2012, a total of 5 bids were received; 3 of those bids were acceptable. Those acceptable Base Bid and Additive Alternate No. 1 amounts are as follows: S.C. Anderson, Inc. 2160 Mars Court Bakersfield, CA 93308 Kern Pacific Construction 4001 Patton Way # 1 Bakersfield, CA 93308 Base Bid Additive Alternate No. 1 (County) Total amount of Bid Base Bid Additive Alternate No. 1 (County) Total amount of Bid Griffith Company 1 128 Carrier Parkway Ave. Bakersfield, CA 93308 (County) PW /ENGR: WGM Base Bid Additive Alternate No in the amount of G: \GROUPDATWDMINRPT \2012 \05 -09 \State Farm Sports Village - Phase 2.Doc $3,345,000 258 000 $3,603,000 $3,694,000 379 000 $3,984,000 $3,800,675 310 000 $4,110,675 BAKE( ` COBYOR,Jt Rsl� � , I Z ADMINISTRATIVE REP .® O RT AV LI 0 MEETING DATE: May 09, 2012 AGENDA SECTION: Consent Calendar ITEM: Q v TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: April 27, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY fl= CITY MANAGER 4s SUBJECT: Appropriate $132,548 State Grant Revenues (Project Safe Neighborhoods Grant from the Office of Emergency Services) to the General Fund Police Operating Budget, for the expansion of the Safe Community Partnership Strategy to reduce gang violence. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Police Department (BPD) has received a grant in the amount of $132,548 under the Project Safe Neighborhoods (PSN) Program from the California Emergency Management Agency (CaIEMA). PSN is a comprehensive strategic approach that targets gun crime and violent offenders by linking federal, state, and local law enforcement, prosecutors and community leaders to implement multi- faceted strategies to reduce gun and gang violence. It is a nationwide commitment to reduce gun and gang - related crime by networking local programs that target gun and gang crime with state and federal efforts and providing those programs with the tools and resources they need to succeed. The goal of this program is to create safer neighborhoods by reducing gun and gang violence and sustaining that reduction. The BPD, serving as the lead agency, along with local service providers and other community - based organizations (CBOs), are engaged in the Bakersfield Safe Streets Partnership (BSSP); The BSSP operates a Safe Community Partnership (SCP) strategy to reduce gun and gang violence in one of the city's most troubled areas (south of Columbus Avenue to Panama Lane, east of H Street to Fairfax Avenue), by presenting gang "call -ins" to directly communicate the community's message of non - violence, opportunity and unity with law enforcement to active gang members. Funding from the PSN grant includes the following: $19,700 to fund BPD logistical expenses related to conducting gang "call ins ", $25,000 to fund technical assistance from the California Partnership for Safe Communities, and $87,848 to expand the SCP and provide operational assistance to local participating CBOs. An agreement with Kern County Superintendent of Schools to administer the $87,848 is on an adjacent agenda item. The Bakersfield Police Department requests $132,548 State Grant Revenues be appropriated to the General Fund Police Operating Budget. DB Page 1 of 1 NCO PORh-�, v r AD r9�,FO. � M I N ISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: . TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: April 25, 2012 CITY ATTORNEY CITY MANAGER & SUBJECT: Approval of Department of Housing & Urban Development (HUD) FY 11 -12 Action Plan Amendment No. 1 for the second allocation of Emergency Solutions Grant (HESG) funding (Wards All) RECOMMENDATION: Staff recommends approval of a Substantial Amendment to the City's FY 11 -12 Action Plan which creates a Rapid Re- Housing program, increases program administration funding, and decreases the Emergency Shelter program funding, BACKGROUND: The City receives funding annually as an entitlement community from HUD through the City's Action Plan, which describes all HUD - funded City projects for a particular fiscal year, The process by which significant changes are made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is recommending a Substantial Amendment to the City's FYI 1 -12 Action Plan, specifically regarding programs funded with the Emergency Solutions Grant which funds homeless - prevention activities. In the 2011 -12 fiscal year, HUD's Emergency Shelter Grant (ESG) program was expanded to become the Emergency Solutions Grant (HESG) program, The most significant programmatic change was that eligible activities were expanded to include homeless prevention, rapid - rehousing, and data collection, in addition to the emergency shelter activities already eligible under ESG. Other program changes included significant increase in overall funding, and an increase of the administration cap from 5% to 7.5% of the total grant amount to account for the expansion of program activities. At the time the City was required to submit the FYI 1-12 Action Plan, HUD was still refining regulations for the HESG program, Thus, in order to avoid a lapse in funding for existing emergency shelter activities, HUD divided the FYI 1-12 HESG grant into two allocations, The City's S:\Admins \City Council \City Council Admins 2012 \HESG Action Plan Amendment 4.19.12. Doc 4/25/2012 2:01 PM rab ADMINISTRATIVE REPORT Page 2 first FYI 1-12 allocation was $147,264, and the City was allowed to fund its typical ESG Shelter program in the FYI 1-12 Action Plan submitted to HUD. The City's FYI 1 -12 Action Plan funded the following two HESG programs: • ESG Shelter - $139,901, and • ESG Administration - $7,363. The City's ESG Shelter program provides funding to the Bakersfield Homeless Center, Bakersfield Rescue Mission, and Alliance Against Family Violence and Sexual Assault. At the time the FYI 1-12 Action Plan was due to HUD, the amount of the second HESG allocation and additional program regulations were unknown. HUD's interim rule for HESG became effective in January 2012, and the City's second allocation was determined to be $82,836 (with a total FYI 1-12 HESG allocation of $230,100). However, HUD's interim rule also states that recipients must fund either a homeless prevention and/or re- housing program, and that City funding for emergency shelter activities could not exceed either 1)60% of the recipient's fiscal year grant, or (2) the amount of FY10 -11 grant funds committed for emergency shelter activities. This requires the City's FYI 1 -12 ESG Shelter program to be reduced by $113 to $139,788. Since the City currently has agreements with service providers for the use of these funds, the FYI 1 -12 Shelter activity will be funded at the maximum amount. After program administration is calculated, $73,055 remains available for homeless prevention or rapid rehousing activities. In accordance with HESG regulations, staff consulted with the Continuum of Care (CoC), by attending CoC meetings and surveying CoC organizations to determine the most effective use of second allocation HESG funds. Through this process, it was determined that the creation of an ESG Rapid Re- Housing program would be the most effective use of the second allocation of HESG funds. The Substantial Amendment is summarized in the following table: Program 9 Current Plan Action Revised Plan Amount Amount ESG 11 Shelter $139,901 Reduced $139,788 -$113 ESG 11 Bakersfield Administration $7,363 Increased $17,257 +$9,894 ESG11 Rapid Re- Housing $0 Create $73,055 +$73,055 Total $147,264 +82,836 $230,100 In compliance with the City's Citizen Participation Plan, a notice was published on March 26, 2012 requesting public comment, and copies of the Substantial Amendment were made available at public libraries, Additionally, a public meeting was held on April 18, 2012 in the City Hall North 3rd floor conference room to receive any public comments. The 30 -day public review period concluded on April 25, 2012, and no comments have been received to date. S:\Admins \City Council \City Council Admins 2012 \HESG Action Plan Amendment 4.19.12.doc 4/25/2012 2:10 PM rab 13A+ ADMINISTRATIVE REPORT c " 1 MEETING DATE: May 9, 2012 AGENDA SECTION: Consent Calendar ITEM: e. 0 &. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: April 26, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY_ 4k= CITY MANAGER SUBJECT: Receive and file successor agency payments from April 6, 2012 to April 26, 2012 in the amount of $441 ,745.64. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2012\ADMIN —SA 05- 09- 12.doc BA RVORA ADMINISTRATIVE REPORT ALlF0 MEETING DATE: May 9, 2012 AGENDA SECTION: t6'§ @nt Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD, w DATE: April 4, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 08 -044 with Meyer Civil Engineering, Inc. ($44,000.00; revised not to exceed $672,330) to provide additional design consultant services for the Mill Creek Linear Park Project. (Ward 2) RECOMMENDATION: Staff recommends approval of amendment to agreement BACKGROUND: On March 12, 2008, Consultant Agreement No. 08 -044 with Meyer Civil Engineering, Inc. was approved by Council. This Agreement provided for the preparation of plans, specifications and estimates in accordance with City requirements for design of Phase 4 and Phase 5 elements of the Mill Creek Project along the Kern Island Canal. On July 12, 2010, Amendment No. 1 for Agreement 08 -044 was processed to provide for additional design and survey work for improvements along the Mill Creek Linear Park. In 2009, the Bakersfield Redevelopment Agency received a $10.8 million dollar State of California Proposition 1 C grant to complete the Millcreek Linear Park and street work. The Sister Cities Garden Phase A and B and the Mill House Project are two of the planned infrastructure projects to be constructed as part of the grant. The Economic & Community Development Department (EDCD) staff has identified the final Sister City that needs to be incorporated into the design concept and further design work is necessary for the interior design of the Mill House Project at 17th Street on the Mill Creek Linear Park. The design of these landscape and site improvements (Mill House Project and Sister City Projects A & B) will provide a focus on the public presentation of the Sister City Program. Funding for the design comes from Redevelopment Bond Funds that were reserved for Mill Creek Park Improvement and are included on the Recognized Obligation Payment Schedule (BOPS) as match funding for infrastructure improvements committed under the grant. The line item on the ROPS for the project is under the Old Town Kern - Pioneer Project Area - Housing, #2 Sister City Gardens /17th Street Plaza. This Amendment 2 will increase the contract by an additional not to exceed amount of $44,000. Therefore, the revised not to exceed contract amount will be $672,330. Sufficient funds are budgeted to fund this Amendment. (REB) April 20, 2012, 3:43PM G: \GROUPDAT \ADMINRPT \2012 \05- 09 \Admin Rpt - Amendment 2 to MCE for Mill Creek.doc BA E O�yaw,w.,yc ADMINISTRATIVE REPORT �' LtFo MEETING DATE: May 9, 2012 AGENDA SECTION: Hearings ITEM: Q.0 TO: Honorable Mayor and City Council APP FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: April 25, 2012 CITY ATTORNEY r CITY MANAGER �J SUBJECT: A public hearing to consider the Resolution ordering the vacation of Eye Street between 8th Street and 91h Street and attached alleys. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from St. Francis Church to vacate the following areas as noted in Exhibits A and B: Eye Street between 8th Street and 9th Street A portion of the east /west alley between Eye Street and H Street (which was not previously vacated); and, A portion of the north /south alley between 8th Street and the east /west alley. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are City sewer facilities in this area. The utility companies serving the area have been notified of this vacation request by mail. There has been no objection from the utility companies as of the date of this report. There will be a public utility easement reserved in the north /south alley for all utilities. A notice of the public hearing was mailed to all adjacent property owners within a minimum 300 - foot radius of the proposed vacated area. Public Works received two letters of concern from property owners. These concerns were addressed and resolved to the satisfaction of the property owners prior to the adoption of the Resolution of Intention. On February 2, 2012, the Planning Department found the proposed vacation of Eye Street between 8th Street and 9th Street and attached alleys to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. G: \GROUPDAT \ADMINRPT \2012 \05 -09 \EYE STREET VACATION ADMINISTRATIVE REPORT Resolution of Intention No. 1707 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of April 18, 2012. Notice of this public hearing has been duly advertised and posted as required by law. /mm G: \GROUPDAT \ADMINRPT \2012 \05 -09 \EYE STREET VACATION an ADMINISTRATIVE REPORT !FO MEETING DATE: May 9, 2012 AGENDA SECTION: Hearings ITEM: C1 , b TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: April 23, 2012 CITY ATTORNEY T ` CITY MANAGER & SUBJECT: A public hearing to consider the Resolution ordering the 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. (Ward 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from S & S Homes to vacate a portion of the street right -of -way and public utilities easement for Valley Falls Lane. Valley Falls Lane is being realigned to match a future subdivision to the north. The street improvements were approved and the street was built in the realigned location. Additional dedications for Valley Falls Lane right -of -way and for public utilities have been provided for, along with this street right -of -way vacation, and will match the approved plans and the improvements constructed (see Exhibits A and B). S & S Homes has also requested to vacate surplus easements that were created by Tract 6359 - Unit 2 Final Map for landscape, wall, and public utilities. The landscaping, walls and monument signs at the tract entrances were constructed at different locations than the easement areas dedicated on the final map. The plans for the landscaping and walls were approved for the current location of the landscaping and the wall (see Exhibits C -J). The vacation of the landscaping, wall and utility easements will match the approved plans and the improvements constructed. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in this area. The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. Preliminary notices were mailed to all adjacent property owners within a minimum 300 -foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. G: \GROUPDAT \ADMINRPT \2012 \05 -09 \VALLEY FALLS LANE ROW VACATION ADMINISTRATIVE REPORT On February 23, 2012, the Planning Department found the proposed 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 -02 to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1708 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of March 7, 2012. Notice of this public hearing has been duly advertised and posted as required by law. /mm G: \GROUPDAT \ADMINRPT \2012 \05 -09 \VALLEY FALLS LANE ROW VACATION ADMINISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENDA SECTION: Closed Session ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V& DATE: April 27, 2012 CITY ATTORNEY ✓e, CITY MANAGER SUBJECT: Conference with Legal Counsel — Potential Litigation Closed session pursuant to subdivision (b) (3)(A) of Government Code section 54956.9 (four matters). VG:Isc S: \COUNCIL \CI Sess \Admins \11- 12 \5- 9- 12PotL1t.docx ADMINISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENDA SECTION: Reports ITEM: 13. 0. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: April 20, 2012 SUBJECT: Department Budget Presentations 1. General Government 2. Financial Services RECOMMENDATION: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER BACKGROUND: General Government and Finance staff will provide a detailed overview of their FY 2012 -13 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. AT:ch:ai 5/3/12 S: \12- 13BUDPRO \Budget Admins, Resos \Budget Presentation 05.09.12 - GG, Flnance.dom F BAhE� _10 lb [� IFO , ADMINISTRATIVE REPORT MEETING DATE: May 9, 2012 AGENDA SECTION: New Business ITEM: 16. Q . TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: April 24, 2012 CITY ATTORNEY CITY MANAGER _ & SUBJECT: Budget and Finance Committee Report regarding FY 12/13 Community Development Block Grant (CDBG - $3,014,770), HOME Investment Partnership (HOME - $1,056,992), and Emergency Shelter Grant (ESG - $262,778) Annual Action Plan, submittal (Total - $4,334,540). (ALL WARDS) RECOMMENDATION: Staff recommends acceptance of the report, and authorization by the City Manager to execute all necessary HUD documents required to submit the Annual Action Plan, BACKGROUND: The Budget and Finance Committee met on January 30, 2012 to review and consider the Annual HUD Action Plan for FY 2012 -13. The proposed FY 2012 -13 Annual Action Plan is the third year of the Consolidated Plan 2015 and represents activities to be funded with Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Solutions Grant (HESG) entitlements. The total funds available for FY 2012 -13 are estimated to be $4,334,540, which represents $3,014,770 of CDBG funds (includes program income of $7,000), $1,056,992 of HOME funds (includes program income of $30,000), and $262,778 of HESG funds. A public notice was published on March 9, 2012 concerning the availability of the draft annual Action Plan for a HUD required 30 -day citizen review and comment period. As part of the public review and comment process, a public meeting was held on March 22, 2012. The public review period concluded on April 8, 2012 and no public comments were received on the proposed use of HUD funds for FY 12/13, Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to address community development and housing needs identified in the five -year Consolidated Plan adopted by City Council in May 2010. The attached table outlines the proposed funding to address these needs by project /program, During the public review period, the following non - substantive clarifications and adjustments made to the draft version of the Action Plan while in the public review period: S:\Admins \City Council \City Council Admins 2012\Hction plan FY12 -13 admin.doc 4/24/2012 2:47 PM rab ADMINISTRATIVE REPORT Page 2 1. Staff was notified during the review period that the City's HOME allocation would be slightly higher than originally anticipated. The public notice indicated a HOME allocation of $1,055,460 (including $30,000 in anticipated program income); however, the City of Bakersfield will actually be allocating $1,056,992 (including $30,000 in anticipated program income). As a result, the HOME Administration, New Construction Assistance, and CHDO Set -Aside programs were changed as described in the following table: Chan es to FY12 -13 HOME Pro rams Initial Revised Allocation Allocation HOME Administration/Pla ning Costs $105,546 $105,699 New Construction Assistance $796,095` $797,244* CHDO Set Aside $153,819 $154,049 rncivaes )75,000 In program direct delivery 2. The City will be making the tenth year payments on the City's $800,000 Section 108 loan and the $4.1 million Section 108 loan; 3. The ESG12 Shelter and ESG12 Rapid Re- Housing programs will be funded by HESG funds. HESG references the Emergency Solutions Grant (formerly the Emergency Shelter Grant) as amended by Homeless Emergency Assistance and Rapid Transition to Housing (or HEARTH) act of 2009; 4. The ESG12 Shelter activities will be used to fund the Bakersfield Rescue Mission, Bakersfield Homeless Center, and the Alliance Against Family Violence and Sexual Assault; 5. The service area of the Mill Creek, Southeast, and Baker Street Police Patrol service area was clarified as described in the attached table; 6. The project target dates (the estimated project completion) have been updated on the attached table; 7. The eligibility citation for HOME Administration /Planning Costs was corrected. The deadline for submittal of the Action Plan to HUD is May 16, 2012. HUD will then have 45 days to review the Action Plan for compliance with federal regulations. Funds are expected to be available after July 1, 2012, The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for next fiscal year and recommended staff to proceed with the public notice and forward the FY 2012 -13 CDBG, HOME and ESG annual spending plan to the City Council for review and approval. SAAclmins \City Council \City Council Admins 2012\Action plan FY12 -13 admin.doc 4/24/20122:47 PM A ADMINISTRATIVE REPORT �,'wwn ne► LI MEETING DATE: May 9, 2012 AGENDA SECTION: New Business ITEM: IS-6. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: April 26, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve agreement to DOD Construction ($339,802.02) for sidewalks, curb and gutters on the block from H to G and 18th street and 191h Street, alley resurfacing and for lighting and surface improvements at 19th and H Streets Staging Area, (Ward 2). RECOMMENDATION: Staff recommends acceptance of bid and approval of agreement. BACKGROUND: For several years, the City has been actively involved in a plan to replace and improve the aging infrastructure in downtown Bakersfield. Utilizing the Community Development Block Grant Program and other grants when applicable, these public improvements are the backbone necessary to retain quality businesses and attract new enterprise to downtown by creating safe and clean pedestrian environments. The improved areas are also programmed for special community events such as Third Thursdays at Mill Creek Park and First Fridays in the arts district. To date several key downtown public improvements are complete or under construction and include; Chester Avenue, Wall Street Alley, 19th and EYE intersection, Mill Creek Linear Park, Q streetscape and Sister Cities. Funds were previously reserved to continue downtown public improvements in the 2011/12 CDBG Budget. The block from 18th to 19th Streets and G to H Streets, including reconstruction of alley improvements within this block is now ready for bid award. These public improvements will include new sidewalks, curbs and gutters, new handicap ramps, reconstructing the alley, consolidating the trash containers and creating a new special events gathering space and staging area located at the southwest corner of 19th and H Streets in the heart of the Arts District. The Arts Council of Kern will oversee a mural project on the east wall of the Front Porch Music at 1711 19th Street. The wall is a large blank backdrop to the staging area and has been a blighting nuisance with regards to tagging and other damage. The mural project will be done under a separate contract directly with the Arts Council of Kern. The events area will be constructed on private property owned by the Padre Hotel and will be maintained by the hotel owners. It will be programmed with venders during First Fridays and other special events. The agreement detailing these improvements and maintenance conditions was previously approved by the City Council. Landscaping improvements for the event area include new trees and tree grates with automatic irrigation system at the Staging Area. Lighting will be provided for the Staging Area for evening events. Funding for this project is from a HUD CDBG allocation in the amount of $431,000 for the public improvements and mural project. The Engineer's estimate for the public improvement project component was $386,000. G:\GROUPDArADMINRP1 12012 \05- 091Padre Hotel Block Project (3).Doc ADMINISTRATIVE REPORT Padre Hotel Project On February 16, 2012, a total of five bids were received; all of these bids are acceptable. Those acceptable bids are as follows: Kern Pacific Construction 4001 Patton Way # 1 Bakersfield, CA 93308 (County) in the amount of $336,607.20 DOD Construction 3501 Edison Highway Bakersfield, CA 93307 (County) in the amount of $339,802.02 JTS Construction 7001 McDivitt Drive, Stu. B Bakersfield, CA 93313 (City) in the amount of $367,421.02 Granite Construction 3005 James Road Bakersfield, CA 93308 (County) in the amount of $410,312.00 Griffith Company 1128 Carrier Parkway Ave. Bakersfield, CA 93308 (County) in the amount of $512,671.00 Although Kern Pacific Construction submitted the lowest bid at the bid opening, DOD Construction qualified as a Section 3 Business Concern and Kern Pacific Construction did not. Thus DOD Construction received a 7% ($23,786.14) preference per the City's Section 3 Plan, lowering DOD's effective bid to $316,015.88. This Section 3 preference makes DOD the effective low bidder for this contract. Per HUD requirements, the City's Section 3 Plan applies to all contracts in excess of $100,000. Section 3 refers to the HUD Act of 1968 as amended by the Housing and Community Development Act of 1992, which states that economic opportunities shall, to the greatest extent feasible, be directed to low- and very low- income persons, and to business concerns which provide economic opportunities to low- and very low- income persons. Specifically, the City's Section 3 Plan gives preference (by lowering the effective bid amount based on the contract amount) to Section 3 Business Concerns which either 1) are primarily owned (51 % or more) by Section 3 Residents, 2) whose permanent, full -time employees include persons, at least 30% of whom are Section 3 Residents, or 3) provide evidence that at least 25% of all subcontracts over the previous 12 months were to Section 3 Business Concerns. A protest to the award of the contract to DOD Construction was received on April 4, 2012 from Kern Pacific Construction. This protest was reviewed by Economic / Community Development Department and was rejected by letter on April 13, 2012. PW /ENGR: WGM G: \GROUPDAT\ADMINRPT\2012 \05 -09 \Padre Hotel Block Project (3).Doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 18, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Couch, Councilmembers Salas, Benham, Weir (seated at 5:19 p.m.), Sullivan (seated at 5:18 p.m.), Johnson Absent: Councilmember Hanson 2. INVOCATION by Vice -Mayor Couch. 3. PLEDGE OF ALLEGIANCE by Mattalin Whiteman, 31a grade student at Nichols School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Sue Neal, Co -Chair of the Fair Housing Committee, declaring April Fair Housing Month. Ms. Neal accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Ruth Kranovich, President of the Bakersfield Memorial Hospital Auxiliary, declaring April 16 -20, 2012, National Volunteer Week. Ms. Kranovich accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Norm Andrews spoke regarding the Lancaster Veterans Home and submitted written material. ACTION TAKEN Bakersfield, California, April 18, 2012 — Page 2 5. PUBLIC STATEMENTS continued ACTION TAKEN b. Ray Scott, with Price Disposal and Chairman of the Greater Bakersfield Green Expo, spoke regarding the Expo and the Great American Cleanup on April 14th, submitted written material; announced that the City of Bakersfield Keep Bakersfield Beautiful Committee received the Green Technology Leadership Award for 2012; and invited the Mayor and Council to attend a public exhibit by the top 50 students who submitted artwork made from recycled materials at the Bakersfield Museum of Art on April 26th, where the Chairman's Award will be presented. C. Ray Scott spoke regarding Relay for Life and encouraged people to volunteer for the event. d. Monique Davis spoke regarding her concerns about the prostitution on Union Avenue, and asked that more be done to improve the situation. e. Jane Tucker spoke regarding the Californians Against Sexual Exploitation Act, which is on the November ballot, and asked for Council's endorsement. Jeff Taylor spoke regarding AB 1779, the Intercity Passenger Rail Act, asked for Council to oppose the Act, and submitted written material; Anil Mehta and Michael Kennedy spoke in opposition to AB 1779 and encouraged the Council to oppose the bill; and Garish Patel spoke regarding AB1779 and submitted written material. g. Kameron Kephart spoke regarding ambulance services and adult indigent services. Vice -Mayor Couch asked that staff refer Mr. Kephart's comments to Mr. Elliott at the County for a response. Vice -Mayor Couch asked staff to review the Union Avenue matter addressed by Ms. Davis and come back with a recommendation. Vice -Mayor Couch asked staff to review the CASE Act and come back with a recommendation. 5. 6. 7. Bakersfield, California, April 18, 2012 — Page 3 PUBLIC STATEMENTS continued ACTION TAKEN Vice -Mayor Couch asked staff to review AB 1779 and come back with a recommendation. Councilmember Sullivan also asked for more information regarding Ms. Davis' comments and the CASE Act. WORKSHOPS a. 2012 City Council Goals Phase 2: City Councilmembers' Proposed Revisions Assistant to the City Manager Smiley provided an update on the proposed revisions and outlined individual updates as requested by Councilmembers Salas and Johnson. Motion by Vice -Mayor Couch to adopt the 2012 City APPROVED Council Goals. AB HANSON APPOINTMENTS a. One appointment to the Planning Commission due to the expiration of term of Jeffrey Tkac, whose term expires April 30, 2012. Applications were received from Ray Chopra and incumbent Jeffrey Tkac. Correspondence was received this evening from Ray Chopra. Motion by Councilmember Sullivan to reappoint APPROVED Jeffrey Tkac to a 4 -year term on the Planning AB HANSON Commission, whose term expires on April 30, 2016. b. One appointment to the Historic Preservation Commission due to the expiration of term of Juliana Bernier Dooley, whose term expired March 30, 2012. One application was received from Tenielle Cooper. Motion by Vice -Mayor Couch to appoint APPROVED Tenielle Elizabeth Cooper to a 3 -year term on AB HANSON the Historic Preservation Commission, whose term expires on March 30, 2015. Bakersfield, California, April 18, 2012 — Page 4 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the March 21, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from March 9, 2012 to April 5, 2012 in the amount of $20,693,874.11, and self- insurance payments from March 9, 2012 to April 5, 2012 in the amount of $745,137.19, totaling $21,439,011.30. Ordinances: C. First Reading of the following: 1. Ordinance Amending Section 1.01.010 FR relating to change in Bakersfield Municipal Code publisher. 2. Ordinance Amending Section 2.28.040 FR relating to elimination of mandatory Planning Commission Meetings. 3. Ordinance Amending Section 2.28.090 FR relating to Board Appointments to Board of Zoning Adjustment. 4. Ordinance Amending Section 2.72.250, FR Subsection F, relating to mandatory retirement ages. 5. Ordinance Amending Section 2.84.050 FR relating to elimination of outdated incentive credit for solid waste employees. 6. Ordinance Amending Section 2.88.020, FR Subsection A, relating to salaries while absent due to injury related to employee's course of duties. 7. Ordinance Amending Section 8.32.020 FR relating to refuse /solid waste /recycling definitions. 8. Ordinance Amending Section 8.32.060, FR Subsection B, relating to refuse /solid waste /recycling collection of charges. Bakersfield, California, April 18, 2012 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.c. continued 9. Ordinance Amending Section 8.44.070 FR relating to penalties for fireworks violations. 10. Ordinance Amending Section 15.66.030, FR Subsection C, relating to conditional use permits for oil wells. 11. Ordinance Amending Section 15.84.055 FR relating to reduction or waiver for Low - Income Housing Projects. 12. Ordinance Deleting Section 16.16.1 10 FR relating to approval of development entitlement, adding Section 16.12.075 relating to approval of maps, and adding Section 17.08.210 relating to approval of development entitlement. 13. Ordinance Amending Section 16.32.020 FR relating to security for improvement agreements. 14. Ordinance Amending Section 16.32.040 FR relating to amount of security for improvement agreements. 15. Ordinance Amending Section 17.04.545 FR relating to setbacks. 16. Ordinance Amending Section 17.08.130 FR relating to accessory buildings and structures. 17. Ordinance Amending Section 17.64.060, FR Subsection F, relating to conditional use permits - termination of rights. d. Adoption of Ordinance amending Municipal ORD 4664 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. Bakersfield, California, April 18, 2012 - Page 6 8. CONSENT CALENDAR continued Resolutions: e. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory to the City identified as Annexation No. 630 located south of Taft Highway between Compagnoni Street and State Highway 99. 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. g. Revised Job Specification and Change to Salary Schedule: Amendment No. 2 to Resolution No. 111 -11 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule related benefits for Economic Community development Director. 2. Revised job specification /Title Change: Development Services Director to Community Development Director. h. Resolution of Intention No. 1707 to order the vacation of Eye Street between 81h and 9th streets and attached alleys. Agreements: i. Agreement with William Avery & Associates, Inc. (not to exceed $37,350, including expenses), for labor negotiation and consulting services for April - December 2012. j. Agreement with American Youth Soccer Organization (AYSO), Region 73 (ten -year term) for maintenance of soccer facilities located at State Farm Sports Village Complex on the north side of Taft Highway, between Ashe Road and Gosford Road. ACTION TAKEN RES 030 -12 RES 031 -12 RES 111 -11(2) ROI 1707 AGR 12 -048 AGR 12 -049 Bakersfield, California, April 18, 2012 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN k. Agreements with Kern Delta Water District: Ditch Eradication Agreement and Pipeline Easement (no compensation clause) for the Stine Branch II Canal form Taft Highway to McCutchen Road to define responsibilities for the maintenance of the irrigation mainline, road crossing and replacement of lost seepage in available recharge capacity within the Wastewater Treatment Plant No. 3 and the Bakersfield Sports Village. 2. Common Use /Subordination Agreement (no compensation clause) for two new road crossings over the Stine Branch II Canal at McCutchen Road and the future access road to the Bakersfield Sports Village. Amendment No. 1 to Agreement No. 92 -255 with Ernie and Gina Shields (extending term of lease) for Hangar Space A -1 at the Bakersfield Municipal Airport. M. Amendment No. 2 to Agreement No. 10-062 with Burtch Construction ($225,000; revised not to exceed $1,530,500) for the supply of asphalt rejuvenator and sealant. n. Amendment No. 1 to Agreement No. 11 -048 with JCI Chemical, Inc. ($60,000; revised not to exceed $121,023.55 and extending term one year), for the supply of sodium hypochlorite. o. Amendment No. 1 to Agreement No. 1 1 -051 with Kern Turf Supply, Inc. ($175,000; revised not to exceed $350,026.96 and extending term one year), for the supply of irrigation parts and supplies. P. Amendment No. 1 to Agreement No. 11 -052 with Precision Fertilizer Spreading ($151,000, for a total not to exceed $301,750 and extending term one year) for hauling and spreading of biosolids. q. Amendment No. 2 to Agreement No. 11-053 with Gilliam & Sons, Inc. ($1,925,000; revised not to exceed $4,240,003 and extending term one year), for earthmoving and hauling services. AGR 12 -050 AGR 12 -051 AGR 92- 255(1) AGR 10- 062(2) AGR 11- 048(1) AGR 11- 051(1) AGR 11- 052(1) AGR 11- 053(2) Bakersfield, California, April 18, 2012 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Amendment No. 1 to Agreement No. 1 1 -127 with Thyssenkrupp Elevator Corporation ($50,000; revised not to exceed $110,000 and extending term one year) for elevator maintenance. S. Amendment No. 1 to Agreement No. PW 12 -004 with Advanced Combustion and Process Controls Inc. ($25,938.15; revised not to exceed $65,012.15), for repair of cogeneration system at Wastewater Treatment Plant No. 3. t. Amendment No. 1 to Utility Agreement No. 11 -015 with Pacific Gas and Electric Company ($7,970.39; revised not to exceed $32,733.39) for utility pole relocations on McCutchen Road between Gosford Road and Ashe Road. U. Amendment No. 1 to Agreement No. 10-155 with Advanced Earth Sciences, Inc. (no change in compensation and extending term one year), for geotechnical support during construction of the Bakersfield Landfill Closure Project. V. Contract Change Order No. 1 to Agreement No. 11 -091 with Raminha Construction ($13,719.50; revised not to exceed $3,382,627.50) for the project known as Bakersfield City Sanitary Landfill Final closure. W. Contract Change Order Nos. 21, 22, 29 and 31 to Agreement No. 08 -214 with Security Paving Company, Inc. ($25,864.07; revised not to exceed $29,194,843.10), for the construction of the Westside Parkway Phase 1 Project. (TRIP) X. Contract Change Order No. 22 through 26 to Agreement No. 11-035 with GSE Construction, Inc. ($61,647; revised not to exceed $5,082,965), for the Wastewater Treatment Plant 2 Septage /Grease Receiving Station and Odor Control Project. AGR 11- 127(1) AGR 12 -052 AGR 11- 015(1) AGR 10- 155(1) AGR 11 -091 CCO1 AGR 08 -214 CCO21, CCO22, CCO29, CC031 AGR 11 -035 CCO22, CCO23, CCO24, CCO25, CCO26 Bakersfield, California, April 18, 2012 — Page 9 8. CONSENT CALENDAR continued Bids: Y. Accept bid from Jim Burke Ford ($169,152.86) for ten replacement midsize sedans for the Public Works /Wastewater and Police Departments. Z. Accept bid from Berchtold Equipment Company ($88,872.21) for one replacement backhoe loader, for the Public Works Department, Wastewater Division. aa. Accept bid from Quinn Company ($131,021.84) for one replacement motor grader for the Public Works Department, Streets Division. bb. Furnish and install standby generator at the Rabobank Arena: ACTION TAKEN 1. Accept bid and approve contract with AGR 12 -053 P & J Electric, Inc. ($126,630), for project. 2. Appropriate and transfer $126,630 Facility Reserve Fund balance to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund for project. Miscellaneous: CC. Recoat Interior of Water Storage Tank (F101) located on Burr Street west of Highway 99: 1. Approval of maintenance project to allow for the recoating of the interior of a 1.125 million gallon water storage tank (F101) by the City's contractor (California Water Service Company) under our existing operations and maintenance agreement for an amount not to exceed $200,000). 2. Appropriation of $200,000 Domestic Water Fund Balance to the Water Resources Department Capital Improvement Budget for the project. dd. Transfer $330,000 project savings within the Capital Outlay Fund from the Self- contained Breathing Apparatus Project to renovate the kitchens at Fire Stations No. 4 and No. 7 and to renovate the restroom at Fire Station No. 1. Bakersfield, California, April 18, 2012 — Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Successor Agency Business: ee. Receive and file Successor Agency payments from March 9, 2012 to April 5, 2012 in the amount of $3,176,294.54. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.ee. AB HANSON 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS None. 11. REPORTS a. Housing Incentive Task Force: Final Report and Dissolution of Ad Hoc Committee. Assistant to the City Manager Smiley made staff comments and recommended acceptance of the Report. Vice -Mayor Couch announced that the good news for the homeowners is that there is a potential that they might see a reduction in some of the assessments on their tax bills. Motion by Vice -Mayor Couch to accept the Final APPROVED Report on the Findings and Dissolution of the Ad AB HANSON Hoc Committee. Mayor Hall acknowledged the students in attendance at the meeting to learn about City government, and announced that Vice -Mayor Couch will reconvene the meeting after Closed Session . 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. Bakersfield, California, April 18, 2012 - Page 11 14. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Vice - Mayour Couch to adjourn to Closed Session at 6:12 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 6:37 p.m. RECONVENED MEETING AT 6:43 p.m. 15. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. 16. COUNCIL AND MAYOR STATEMENTS None. 17. ADJOURNMENT Vice -Mayor Couch adjourned the meeting at 6:43 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN APPROVED AB HANSON APPROVED AB HANSON NO REPORTABLE ACTION